0121 271 0149
The following words and expressions shall, unless the contents otherwise requires, have the following meanings:-
The System - The goods and services supplied by Mac Security Systems Ltd including Intruder Alarm, CCTV, Fire, Access Control, Security Lighting including all controls, devices and equipment required for correct operation of the System as described in the specification
The Customer - The person or organisation identified in this agreement as purchasing any or all of the Company’s services
Normal working hours - 0900 to 1700 hours Mon-Fri except for Public and National Holidays
The Company Mac Security Systems Ltd and where the content so admits its agents, subcontractors or employees
The Premises - The address at which the System is installed
The Specification - The Specification referred to in the quotation
Existing System - Any System or part of a System already installed at the premises including but not limited to, controls, audible devices, signalling equipment, relays, detectors, power supplies, wiring and circuits which at the request of the Customer is to be incorporated within the System
The Contract - The quotation, the Specification and the order acceptance by the Customer together with these Term and Conditions
Installation - The process of fitting a System to the Customers premises
Service - Attendance to the Customers premises for Maintenance orr repair of the System
Commissioning - A date on which the System (or part thereof) first becomes operable on audible alarm notwith standing that there may be a delay in connecting , signalling or other equipment
Contract Period - A period from the completion date there after renewable as specified in clause 17
Emergency Call Out - Attendance by the Company at the premises at the request of the Customer which is not a routine service visit.
1.1. Installation and upgrade Quotations submitted by the Company are valid for a period of thirty days from the offer date.
1.2. All quotations are based upon costs current at the offer date.
1.3. The Quotation priced is fixed subject to clauses 1.4 to 1.7 inclusive and clause 7.2.
1.4. Where the Installation is not completed within 90 days of the offer date, unless agreed in writing, the Company reserves the right to increase the price.
1.5. Any additional costs arising from any alteration to the specification and optional items where chosen will be charged at current rates.
1.6. Should the Company be delayed by the Customer or his Agents, the Company reserves the right to make additional charges at the Company’s current rates, to compensate for lost time.
1.7. Unless and stated otherwise, the quotation price is based on the installation being done on a start to completion basis with no interruptions. Where an installation is done in conjunction with a building, re-building or other refurbishing programmed then the number of visits which we are required to make to the premises can multiply, increasing significantly the time and cost of completing the installation. Any additional costs arising in his way will be charged for.
1.8. The installation charge covers the Installation of the System only.
1.9. The Service Charge covers routine maintenance of the System for one year; and access to a Callout Engineer twenty four hours a day., 365 days a year (unless specified in the quotation to the contrary all call-outs are chargeable in accordance with clause 10).
1.10. These Terms shall be complete and can only be varied in writing by a duly authorized representative of the Company.
2.1. A Customer order by virtue of a signed agreement is required prior to any installation work being started.
2.2. Any goods that are installed and form part of the System, (whether fixed to a Premises or not) and any other goods supplied by the Company in relation to the System, shall remain the property of the Company until full payment has been received by the Company for the Systems and/or any other monies due from the Customer.
2.3. Al Prices and Charges are inclusive of VAT and the Customer will be liable for VAT at the prevailing rate on all prices.
2.4. The Company reserves the Right to request a deposit or pre-payment from the Customer as the Company may reasonably request to cover its costs.
2.5. CHARGES ARE PAYABLE IN FULL UPON COMMISSIONING OF THE SYSTEM notwithstanding that there may be a delay in connecting signalling equipment, unless otherwise agreed in writing by the Company.
2.6. Services Charges are payable in advance, the first payment to be made on Commission annually and in advance.
2.7. Interest shall be charged on all overdue accounts on a monthly basis at 5% per annum above the bank base rate.
The Customer shall ensure that the Company has unrestricted access to all parts of the premises for the purpose of surveying, measuring, installing, testing, commissioning, inspecting and servicing of the System during normal working hours; Should it be found upon commencement of any of these services are required outside any of these times, then it shall be at additional cost to the Customer. Unrestricted access for
emergency callouts is required on arrival of the engineer at the premises, as the engineer will normally agree an approximate time of attendance. The Customer agrees to pay the callout charge incurred should the premises keyholder fail to attend.
4.1. The Company shall not be liable for the cost of any redecoration, removal or reinstatement required as a result of the installation of the System. In particular the Company shall not be responsible for the cost of the re-laying of carpets or any other floor coverings.
4.2. The Company shall use its best endeavours to install the System by the given installation date. However, the installation date is intended to be an estimate and time for installation shall not be made of the essence of the contract.
4.3. Subject to these conditions and/or the contract, the Company shall not be liable for any direct, indirect or consequential loss, cost, charges, damages or expenses caused directly or indirectly by the delay in the installation of the System, nor shall any delay entitle the Customer to terminate or rescind the contract.
5.1. Provided the relevant British and European Standards are complied with the Company may at any time prior to completion substitute alternative and similar
5.1.1. Equipment: or
5.1.2. Materials: or
or any of the above whether in combination or otherwise.
6.1. Where a Digital Communicator, Dualcom, Emizon, Secure, Webway, IP signalling device is specified the System will run on audible alarm only for a minimum period of two weeks before connection is made to the Company’s designated alarm-receiving centre.
6.2. Companies Designated Alarm Receiving Centre (ARC)
7.1. Where requested and if practical and existing System or component part thereof may be incorporated into the System.
7.2. The Company reserves the right to reserve a charge if additional
7.2.1. The Company deems it necessary to test the existing System or its components whether this is before, during or after incorporation into the System.
7.2.2. The Customer requests that the Company test the existing System or components prior to incorporation.
7.2.3. The Company deems it necessary to repair or replace the existing System or any component if for whatever reason it is not in good working order, unsuitable for incorporation or otherwise non-operable so that the System can operate.
8.1. Upon payments being made in accordance with clause 2., the Company will issue a handover certificate and the codes to the System, and, where appropriate, an engineer of the Company will programme into the System the operator security code.
8.2. Where an existing System is incorporated into the System, the handover certificate will only apply to the System and not the existing System and not any other components thereof.
9.1. WHERE :-
9.1.1. A defect occurs within 12 months from commissioning: and
9.1.2. the defect is notified to the Company within 28 days: and
9.1.3. the Company certifies that the defect is not caused by an act or default of the Customer including put not limited to excessive use, neglect, unauthorised interference or misuse of the System; and the System is proved to be defective by reason of faulty design, workmanship or materials; the Company shall undertake repairs or replacements free of charge.
9.2. WHEN the need for repairs or replacements arises through an unproven warranty claim under clause 9.1, t hen the costs of labour, travelling time and materials will be charged for.
9.3. THE terms of clauses 9.1 or 9.2 shall be invalidated if the Customer permits any other person to repair, replace or otherwise interfere with the System or any part thereof.
9.4. IN the event of 9.1. or 9.2 being invalidated, the Customer shall be responsible for all changes or costs incurred by the Company in carrying out its obligations pursuant to the contract.
9.5. The Company shall only undertake under this clause 9 during normal working hours.
(Payment is the essence of the contract). A signed Service Level Agreement applies to this contract.
10.1. During the period where the Company has rendered an invoice that has been paid by the Customer or his representative, the Company shall :-
10.1.1. Carry out routine maintenance, visits and following each visit supply an inspection report on the System.
10.1.2. The routine maintenance shall be made in normal working hours and in accordance with the relevant European and British Standards.
10.2. Service Charges are based upon the cost ruling at the date hereof. The Company reserves the right to implement an increase in these charges at any time after one year from commissioning giving not less than 28 days notice to the Customer. Service charges do not include the hire of any specialist equipment such as towers or climbing equipment, necessary to fulfil the contract. This is at additional cost to the Customer.
10.3. In the event that the service contract is terminated, the Customer will return to the Company or permit the Company to enter the premises to repossess the Company's signalling equipment (refer to termination , paragraph 17).
11.1. The Company accepts liability in respect of direct physical damage to the premises for the purpose of this contract.
11.2. The Company’s liability under clause 11.1. shall be limited to the amount necessary to make good of such damage, but in any event shall not exceed £1,000.
11.3. The Company accepts limited liability for any loss or damage whether direct or indirect and howsoever caused arising from—
11.3.1. Any misrepresentation made by or on behalf of the Company to the Customer
11.3.2. Any breach of the express or implied terms of the contract.
11.3.3. The operation, non-operation or faulty operation of the System or
11.3.4. Its failure to call the key holder through faulty equipment or neglect of the Company its operatives or the monitoring Company.
11.3.5. Liability will be limited to a multiple x 2 the contract annual maintenance value
NB. The Company is not an insurer and makes no claim the installation of a security System will prevent damage, loo or injury to the Customer or his premises. The Customer is therefore advised to ensure he has adequate insurance cover.
12.1. If the Company is prevented or hindered from carrying out its obligations under the contract by circumstances beyond its control, including government intervention, strikes, fire, floods, severe weather, riots,, defaults of sub-contractors (such circumstances referred to hearing as Force Majeure) then the Company's obligations shall be suspended for the time being as the circumstances last an the Company's shall not be liable for any loss or delay so caused
12.2. The list provided in clause 12.1 shall be by way of example only and shall not be taken to limit incidences of Force Majeure.
13.1 All headings in these Terms and Conditions are descriptive only and donot effect the interpretation of the clauses
14.1. The Customer may not assign any of its rights and obligations under the contract without first obtaining the written consent of the Company.
14.2. The Company may assign its rights and obligations under the contract without prior reference to the Customer.
15.1. If any clause of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other clauses of these conditions and the remainder of the provisions in questions shall not be affected thereby
16.1. Copies of all European or British Standards and Police policies referred to in the contract are available on line.
17.1. The Maintenance contract can be terminated:-
17.1.1. At the end of the (1st) first year from commissioning or at any time thereafter by either party giving not less than six months notice in writing to the other and upon settlement of signalling equipment rental
17.1.2. At any time if the Customer defaults or commits any breach of the contract
17.1.3. At any time where the Customer permits any person to repair or replace or otherwise interfere with the System or any part thereof
This contract is not implemented of effective unless approved by an authorised signatory of Mac Security Systems Ltd.