General Terms & Conditions for the delivery of services and goods from Lincoln Security Limited.
“The Buyer” In these conditions, the Buyer refers to any person, firm, company or other whom an order is accepted by the Company.
“The Company” In these conditions, the Company refers to Lincoln Security Limited whose registered office is at Whisby Way, Lincoln, Lincolnshire, LN6 3LQ.
“Goods” In these conditions, Goods refers any goods or replacements therefore and any services supplied by the Company to the Buyer under any estimate, quotations or acceptance of order.
“Company’s equipment” In these conditions, the Company’s equipment refers to the Company’s motifs, certificates of status or competence and any tools and/or materials supplied to complete a contracted works prior to receipt of payments and transfer of rights.
“Contracted Works” In these conditions, Contracted Works refers to any and Goods and/or Services that the Company is hired to complete on behalf or for the Buyer.
“Completion” In these conditions, completion refers to the date when the Goods become operative or would have become operative but for the problem of some other facility or equipment not being provided by the Company. Completion shall not be deemed to have been delayed due to delays in the provision of some other facility or equipment not being provided by the Company.
2.1 All orders are accepted and all contracts made subject to these Terms and Conditions provided that any special conditions of the Company in any quotation, estimate or contract shall prevail to the extent that they are inconsistent with the following terms and conditions.
2.2 If the Company’s Terms and Conditions (whether special or general) shall be at variance with or inconsistent with any printed conditions attached to the Buyer’s order, then the Company’s Terms and Conditions shall prevail and be effective notwithstanding any similar conditions otherwise applying to the Buyer’s order.
2.3 A quotation which is stated to be for a fixed price shall be deemed to have been withdrawn in any event unless an order in respect thereof is placed within the period specified in the quotation.
2.4 All Intellectual Property Rights associated with the supply of the Goods shall, if not already vested, become the absolute property of the Company and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Company by the execution of appropriate instruments or the making or agreements with third parties.
3. The Contract Price
3.1 Except in respect of an estimate, quotation or acceptance of order where the price is expressly stated to be fixed for a specific delivery period, the Company reserves the right to alter its estimate, quotations or order price in respect of the Goods and the Services by reference to the prices ruling at the date of despatch of the Goods, by any additional sum as may from time to time be necessary to cover any increases in the cost of materials, labour or any other factors affecting the cost of production or delivery which may occur between the date of the contract and the date of the despatch.
3.2 Where in an estimate, quotation or acceptance of order a price is expressed to be fixed for a specific delivery period or for any reason (except where the same is due to the default of the Company), a supply of made under the estimate, quotation or order after the end of the said period, the Company reserves the right in respect of such supply to charge the price ruling at the date of despatch of the Goods in the manner stated in sub-Clause 3.1 of this Clause.
3.3 The maintenance charge is based on costs ruling at the date of the estimate, quotation or order. The Company may increase the maintenance charge at any time after a period of 12 months from the date of the contract by giving notice in writing to the Buyer stating the increase and the date not being earlier than the date of the notice on or after which it will become effective.
3.4 All variations to any order required by the Buyer must be confirmed in writing and will be charged separately.
3.5 All estimate, quotations or acceptance orders are given by the Company on the basis of free access to all areas concerned, works being carried out by the Company in normal working hours in visits to the site.
3.6 The Buyer shall not be entitled to make any deduction from the price of the Goods in respect of any alleged rights to set off or counter-claims unless both the validity and the amounts thereof have been expressly acknowledged and admitted by a director or authorised person on behalf of the Company in writing.
4. Terms of Payment
All charges for Goods and Services provided by the Company shall be payable by the Buyers on demand on presentation of an invoice to the Buyer by the Company but without prejudice to the foregoing, the Company may invoice the Buyer subject to the following terms:
4.1 Where a Company credit account is held by the Buyer, all Goods & Services supplied shall be paid within 30 days from the date on which they are invoiced by the Company. If any discount is offered by the Company then the same shall be deductible only if the Goods and Services are paid for within the said period of 30 days and on no account shall discount be deductible from the Value Added Tax.
4.2 Charges payable on completion shall include the cost of the Goods and the first year’s maintenance where applicable.
4.3 Maintenance charges shall be payable annually in advance on receipt by the Buyer of the renewal notice, commencing on the first anniversary of the date of the contract.
4.4 The Company reserves the following rights:
a) to operate a minimum invoice charge;
b) to demand stage payments;
c) to require a minimum 50% deposit payable on an order being made;
d) to charge 5.0% interest above current rate charged by our bankers to us per month on all amounts outstanding from the date upon which payment falls due until payment in full by the Buyer;
e) to demand payment of all outstanding balances whether due or not.
4.5 The Company shall be entitled at any time and notwithstanding its acceptance of any order to cancel or to postpone any contracted works until payment has been received in the event that the Company has reasonable doubts (in the form of unsatisfactory trade, bankers and/or other references) about the Buyers ability or willingness to pay on the due date.
4.6 The Company reserves the right at any time at its discretion and notwithstanding its acceptance of any order to demand security for payment before continuing with an order or delivering of Goods or any instalment.
5.1 Where an estimate, quotation or acceptance of order specifies a delivery period by the Company is unable to complete delivery without further information or details from the Buyers, then the Company may give notice extending the delivery period and without prejudice to the Company’s rights to vary its prices under Clause 3 hereof.
5.2 Any date or period set out in an estimate, quotation, acceptance of order or contract for the delivery of the Goods or any part of them shall not be of the essence of the contract and if the Company is prevented from delivering any Goods at the time provided for delivery by reason of any cause outside of its control (included, but not so as to limit the generality of the foregoing, fire, explosion, delay in supplies, plant breakdown, interference by strikes, lock-outs or labour disputes, weather conditions, traffic congestions or non-availability of transport or materials) then the date or period for delivery shall be extended by the duration of the occurrence.
5.3 The Company reserves the right to supply alternative Goods of similar operation and quality to fulfil the contract.
5.4 The Buyer shall inspect the Goods immediately upon receipt and shall (unless such inspection cannot be carried out and the delivery note is marked “not examined”) subject to Sub-Clause 5.5 Be deemed to have accepted the Goods as delivered.
5.5 The Company shall not be liable for defects or shortages discoverable on reasonable inspection unless the Buyer notifies the Company before the expiry of 7 days after receipt of any alleged defect or lack of conformity with the acceptance of order.
5.6 The Company shall make good shortages notified to it under Sub-Clause 5.4 and within the time frame of Sub-Clause 5.5 as soon as reasonably practicable but shall not be liable for any other loss whatsoever arising from such shortage.
5.7 The Company’s liability for Goods lost or damaged in transit shall in all circumstances be limited to (at the Company’s option) the repair or replacement or credit to the Buyer of the invoice value of the Goods in question.
5.8 All estimates, quotations or acceptance of order is based on any contracted work being delivered between the company standard operating hours of 08.00 and 17.00, Monday to Friday (excluding Public Holiday’s) consecutively unless otherwise stated. If required, the Company expects continuous and un-interrupted access to any contracted areas to complete contracted works within the standard operating hours unless otherwise stated via written notice.
6. Buyers Design
Where the Goods are ordered in accordance with designs, drawing , specifications or samples furnished by the Buyers, the Buyers shall indemnify the Company against all liability in respect of any infringement of patents registered designs, trademarks, trade names, copyright or any other rights of third parties arising out of the manufacture, sale or use of such Goods and against all claims, demand, proceedings, damage cost and expenses arising in respect of such liability or alleged liability.
7. Warranties and Claims
7.1 The Buyers should satisfy himself as to the fitness for his purpose of all Goods ordered by testing samples or otherwise and will be deemed and conclusively presumed to have done so. If Goods differ materially from their description or from samples supplied or are by reason of faulty material, workmanship or packaging unmerchantable (excluding lamps), then the Company undertakes to replace such goods or (at the option of the Company) to refund the purchase price or a fair proportion thereof provided always that all claims by the Buyer are subject to the following provisions:
a) claims in respect of faults readily discernible on a reasonable examination of the Goods on delivery shall be made as soon as such faults are reasonably capable of discovery but in any event within 3 months of delivery of the Goods;
b) claims in respect of other faults including faults not discernible until the Goods have been taken into use or otherwise dealt with shall be made as soon as the fault is readily discernible but in any event within 6 months of the delivery of the Goods to the Buyers;
c) The Buyer shall not be entitled to make any claim for non-delivery of the Goods unless the Company is notified within 7 days from the date of the invoice in respect of the Goods;
e) All claims must be in writing;
f) The Buyers must afford the Company the opportunity to examine any Goods which are subject to a claim before the Goods have been further used or dealt with;
g) The Company will not be liable for any damage or deterioration of the Goods which may occur after delivery whether the same may occur due to unsuitable storage conditions or abuse or to any other cause whatsoever;
h) Goods in respect of which any claim is made under this Clause shall be returned to the Company carriage paid for inspection (The Company reimbursing the Buyer for the cost of any such carriage) or alternatively (if return is not practicable) the Company will inspect the Foods or procure the same to be inspected in situ, but if the Buyer’s claim shall not be justified then the Company shall be entitled to charge the Buyer for all or part of the cost of any labour, travelling, carriage or other expenses incurred by the Company in consequence of the claim having been made;
i) The undertaking of the Company to make a replacement or refund shall be the maximum extent of the Company’s liability to the Buyer in respect of any claim and this undertaking is given in substitution for any condition or warranty (except as to title) implied by statue, common law or otherwise in respect of the Foods.
7.2 Whilst the Company warrants that any survey, advice, representation or forecast given on the part of the Company whether or not in writing, in discussions or negotiations between the Company and the Buyer or their respective agents prior to the making of the contract was given in good faith after due consideration of the facts before the Company, the Company shall be under no legal liability whether in contract negligence or otherwise whatsoever in respect thereof to the Buyer or any other person except to the extent that there is a breach of this warranty.
7.3 All works and goods provided by the Company to the Buyer are under a warranty of 12 months from the date of installation, delivery and/or commissioning unless otherwise stated specifically within any quotation, estimate or acceptance of order.
8. Passing of Risk
The risk in the Goods shall pass to the Buyer when the Company delivers the Goods in accordance with the terms hereof to the Buyer or other person to whom the Company has been authorised by the Buyer to deliver the Goods whether expressly or by implication and the Company shall not be liable for the safety of the Goods thereafter and accordingly the Buyer shall be obliged to insure the Goods thereafter against such risks as may be commercially prudent in accordance with Clause 11 hereof.
All prices stated or referred to in the Company’s estimates, quotations or acceptances of order are exclusive of carriage and packing charges which shall be paid by the buyers unless otherwise stated.
10. Cancellation/Termination or Alteration of orders by the Buyer
10.1 The Buyer shall not cancel the contract or any part thereof without lawful cause but in its absolute discretion the Company shall be entitled to:
a) accept cancellation on such terms as to indemnification of the Company against loss of profit as may have been agreed in writing prior to cancellation;
b) accept return of the Goods or any part thereof and to charge the Buyer 15% of the gross invoice price as a handling charge together with the amount (if any) by which the value of the Goods returned shall have diminished since their despatch by the Company.
10.2 The Buyer shall give three months’ notice in writing to the Company of any intended termination of this contract, whereupon all charges which the Company is entitled to levy for the Goods and the Services shall become due and payable. Termination will not be deemed to be complete until all the Company’s equipment has been removed by the Company.
10.3 If the contract is terminated for any reason, the Company reserves the right to repossess the Company’s equipment is situated to enable the Company to reclaim the equipment.
11. Reservation of Title and Right of Disposal
11.1 Notwithstanding delivery of the Goods to the Buyer, property in the Goods shall not pass from the Company until the Buyer shall have paid the full price for the Goods (including Value Added Tax) and until no other sums whatever shall be due from the Buyer to the Company.
11.2 In the case of default of payment by the Buyer the Company shall have the right to retake possession of and permanently retain any unpaid for Goods and to revoke all liability of the Company to the buyer on the contract.
11.3 Until the property in the Goods passes to the Buyer in accordance with Sub-Clause 11.1 of this Clause the Buyer shall hold the Goodes and every part of them on a fiduciary basis as bailee for the Company. The Buyer shall store the Goods (at no cost to the Company) separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company. For the purposes of this Clause, it is declared that until payment for the Goods has been made in full in accordance with Sub-Clause 11.1 of this Clause, the Goods shall not become a fixture of any premises where they may have been installed.
11.4 Notwithstanding that the Goods or any part of them remain the property of the Company the Buyer may sell or use the Goods at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the company’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Company the entire proceeds of sales or otherwise of the Goods shall be held on trust for the Company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company’s money.
11.5 Until such time as property in the Goods passes from the Company the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company. If the Buyer fails to do so the Company may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Sub-Clause 11.4 shall cease.
11.6 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company. If the buyer does so all sums whatever owing by the Buyer to the Company shall forthwith become due and payable.
11.7 The Buyer shall insure and keep insured the Goods to their full replacement value against all normal commercial risks to the reasonable satisfaction of the Company until the date that property in the Goods passes from the Company and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company. If the buyer fails to do so all sums whatever owing by the Buyer to the Company shall forthwith become due and payable.
11.8 The Buyer shall be deemed not to have paid the Company for Goods in the possession of the Company at any time unless the Buyer can prove that payment in full in accordance with Sub-Clause 11.1 of this Clause has been received by the Company.
12. The Company’s Obligations
12.1 Where applicable the installation, commissioning and maintenance of the Goods and the emergency call-out service will be in accordance with the Company’s own Quality Manual procedures currently in force.
12.2 During the continuance of a maintenance agreement the Company will inspect and test the Goods at the Company’s discretion and effect any repairs or replacements and make good any defects, faults or damage to the Goods when made necessary by wear and tear.
13. Buyers Obligations
The Buyer shall agree to co-operate with the Company by:
13.1 Be responsible for obtaining and paying for all necessary consents for the installation of Goods.
13.2 Give the Company access to the premises where the Goods are situated at all reasonable times that the Company deems necessary for the purpose of permitting the Company to do anything which the Company is entitled to do under the contract and the Buyer hereby acknowledges that it may be necessary for some work to be carried out by the Company outside of the normal working hours of the Buyer.
13.3 Pay any charges levied against the Goods by any authorities or similar irrespective of the reason for such charges being levied and shall pay any subsequent charges that may be levied.
13.4 Pay such charges as may be made by others for the collection of the Goods and the system to the telephone network and for the maintenance of that equipment by others.
13.5 Not allow any person to have access to the Goods other than a representative of the Company bearing the Company’s warrant of access for any reason whatsoever.
13.6 Notify the Company forthwith (confirming such in writing) of any defect appearing in the Goods and/or the system and shall permit the Company to take such steps as it shall consider necessary to remedy such defect as highlighted within Clause 5.
13.7 Pay for any Goods and the call-out charges from time to time in force for any visit requested by or on behalf of the buyer for making good any defects, faults or damage to the Goods (including the re-setting of Remote Signalling units) arising as a result of the negligent action of the Buyer or any third party or by attempted burglary, vandalism, flood, storm, tempest, civil commotion, strikes or lock-outs or accident or misuse including structural alterations, moisture, dampness, chemically composed paints or distemper, power failure or electrical power surge.
13.8 Notify the Company not less than 14 days before the commencement of any alterations to the premises where the Goods are situated which may affect in any way the operation of the Goods.
13.9 Be responsible for ensuring that the Goods to not cause a nuisance whether as defined under the Control of Pollution Act 1974 or any other statute or under common law.
13.10 Advice the Company and any other interested body of the details of the Buyer’s nominated key-holders who will attend the premises protected by the Goods.
13.11 Be responsible for the cost of the supply of electricity necessary for the installation and the operation of the Goods.
13.12 Be responsible for the cost of any associated equipment or services provided by any other party necessary for the functioning of the Goods.
13.13 Not sell or dispose of the Company’s equipment.
13.14 Be responsible for the cost of any reinstatement or redecoration made necessary at any time by the installing, testing, adjusting or altering of the Goods.
13.15 Under the discovery or suspicion of Asbestos, the Buyer is responsible for providing the Company with an asbestos management plan, specific location of asbestos, type of asbestos containing material and what controls are in place to stop exposure and contamination to the Company’s representatives.
13.16 Comply with any other such requirements as may be set out by a representative of the Company which are not covered within these Clauses but would be reasonably and/or legally required to ensure the completion of any contracted works.
13.17 To provide the Company with any information reasonably required by the Company to ensure the Contract is delivered is a safe way and to a high standard.
14. Rights or Assignment
14.1 The Company shall be entitled to assign all or any of its rights under the contract and perform any of its obligations through subcontractors.
14.2 The Buyer shall not be entitled to assign or otherwise transfer or encumber the contract without the prior consent in writing of the Company.
If the Buyer:
15.1 makes default or commits any breach of any of its obligations to the Company hereunder (whether as to payment or otherwise whatsoever; or
15.2 commits any act of bankruptcy or compounds or makes any arrangements with his creditors or if any execution or distress is levied upon his goods or being a company is wound up either compulsorily or voluntarily or a receiver or administrator of its assets is appointed; or
15.3 ceases or threatens to cease trade
Then in any such case the Company shall immediately become entitled (without prejudice to its other claims and rights under the contract) to suspend further performance of the contract for such time not exceeding 6 months as it shall in its absolute discretion think fit or) whether or not notice of such suspension shall have been given) to treat the contract as wrongfully repudiated by the Buyer and to terminate the contract forthwith.
16. Limitation of Liability
16.1 Where the Goods are designed to reduce the risks of loss, damage and/or injury the Company does not represent or warrant that the Goods may not be neutralised, circumvented or otherwise rendered ineffective and in such event no liability shall attach to the Company in respect of any loss, damage and/or injury sustained by the Buyer howsoever caused.
16.2 Where the Goods have been manufactured in accordance with the designs, drawings and specifications of the Buyer the Company does not warrant that the goods will be fit for their intended purpose.
16.3 Notwithstanding any provisions herein contained, nothing in these terms and conditions shall operate or be construed as operating to exclude or restrict any liability of the Company for death or personal injury resulting from the negligence of the Company.
16.4 The Company’s aggregate liability in contract and/or tort for any and all matters arising out of or connected with the performance of the contract (other than in accordance with Sub-Clause 16.3 of this Clause) shall not exceed the lesser of £5,000 or (where applicable) a sum calculated at 20 times the current annual charge under the agreement.
17. Force Majeure
The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock-outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the Company shall be entitled to a reasonable extension of its obligations without prejudice after notifying the Buyer of the nature and extent of such events.
18. Governing Law
18.1 The contract shall in all respects be construed and governed by the law of England and Wales and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
18.2 Both the Company and the Buyer acknowledge that they are aware of and undertake to the other that in relation to the Contracted Works and/or Goods will duly comply with the Construction (Design and Management Regulations 2015 or any legislation or subordinate legislation which may amend, repeal or replace these regulations.
19. Previous Terms and Conditions
19.1 These terms and conditions supersede all previous Terms and Conditions of the Company.
19.2 The Company holds the right to amend these Terms and Conditions at any time with no prior warning or notification. Latest versions will be available and accessible on the Company’s website.
20.1 If at any time one or more of the above Terms and Conditions becomes as in whole or in part invalid, illegal or unenforceable in any respect under any law, the validity, legality or enforceability of the remaining provisions thereof and of the other terms and conditions herein shall not in any way be affected or impaired thereby.
20.2 The sub-heading of these terms and conditions are not to be regarded as part thereof.
21. Data Protection
The Company may hold personal data of the Buyer on the Company computers and internal servers for monitoring or orders, quality assurances, marketing and any other associated activities. The Company will not share any information in accordance to the Data Protection Act 1998 with any third parties unless instructed to do so by warrant from interested authorities.
Additional Terms and Conditions of Installation Services
22 Whilst the utmost care is taken in surveying and preparing installation proposals, on-site works may determine specifications changes in order to comply with the specific requirements of the client. The Company therefore reserves the right to submit any additional costs for any alterations or additions to the system before and/or during the course of the installation.
23 Should the Company be summoned to the site by the Buyer (if applicable), or any waiting time or time spent on work other than that necessary to carry out the work detailed in any estimate, quotation or order, or any on-site delays and additional visits to the site which are beyond the Company’s reasonable control, any additional costs incurred will be the responsibility of the Buyer.
24 It is the responsibility of the Buyer to advise a representative of the Company, by means of sketches or plans, the location of all drainage, water, gas, electricity, telephone and any other services or utilities which are/will be live or disconnected in the area and time frame of the contract that the Company is expected to work prior to the commencement of the contracted works. In the absence of such advice, the Company cannot accept liability for any direct and/or indirect damage, consequent loss or expense suffered by the Buyer as a result of any unannounced services or utilities damaged by the Company during the activities of the contract.
25 Any quotation, estimate or acceptance of order is submitted on the understanding that any and all areas of work the Company is contracted for are structurally sound and fully prepared prior to the Company commencing any installation work and any existing equipment, building structures, support posts and services that are to be used, are in good working order and in good repair. Should this not be the case, the Company reserves the right to submit any additional costs to the Buyer in addition to Clause 22 should the Company be required to make repairs to a site to allow for the contract to be fulfilled.
25.1 Should the contracted site be deemed unfit to commence works by any of the company’s representatives under the grounds of Health and Safety and/or discovery of Asbestos and/or other subsequence and relatable laws, there shall be no prejudice in the representatives or the Company for refusal to commence the contract until such issues are resolved. Any additional costs incurred for this will be applicable under Clause 23.
26 Unless specifically stated within the estimate, quotation or acceptance of order, the Company’s work does not include for any building work, cutting away, reinstatement, redecorating or making good.
27 The Company will endeavour to conceal all cables where possible in ducting, conduit, cable trays provided by others, although where impractical cables will be surface run and concealed in trunking if necessary.
28 Should cables and fittings that have been installed by the Company in the course of an installation be damaged to the point of repair or replacement or both by other persons or contractors whom are not representatives of the Company prior to the completion of the installation or contract, then the Buyer will incur additional costs from the Company to make said repairs or replacements or both.
29 Unless otherwise stated, any quotation, estimate or acceptance of order is based on the assumption that all parts of the system to be installed and serviced are safely accessible by ladder or steps. Should scaffolding or other means of access is required to access the contracted space, this shall be provided by the Buyer at no charge to the Company. It is the responsibility of the Buyer to ensure that such equipment is erected and maintained in a satisfactory condition and that suitable records are available under the relevant provisions of the Health and Safety at Work Act 1974 and any other subsequence and relatable laws including appropriate Permits to Work.
30 The Buyers is obligated to supply the following to ensure the completion of any installation contract unless otherwise states on any estimate, quotation or acceptance of order. Failure to supply the following may will result in the activation of Clause 23.
30.1 The supply of a dedicated 220/250 volt AC unswitched fused mains power outlet adjacent to the Control Equipment in accordance with IEE Regulations 17th Edition unless otherwise stated on any estimate, quotation or acceptance of order;
30.2 The removal and replacement of fixtures, fittings, obstructions or any other items causing unrestricted access to the contracted working area;
30.3 To supply electricity that may be required for tools, plant or other items in order to carry out the contracted work unless otherwise stated on any estimate, quotation or acceptance of order;
30.4 To provide ducting with draw cable, cable trays, conduit for cable containment if required as part of the installation process.
Additional Terms & Conditions surrounding the sales, supply, installation and/or maintenance of all fire alarm systems, intruder alarm systems, perimeter deterrents, security lighting and closed-circuit television (CCTV)
All contracts of sale, supply, installation or maintenance of alarm systems which Lincoln Security Ltd shall enter into are subject to these
Terms and Conditions and it is hereby expressly agreed by the Buyer that the Buyer’s contractual conditions (if any) are excluded in their entirety.
PART 1. DEFINITIONS.
1. “The Alarm System” means the fire alarm system, intruder alarm system, perimeter deterrents, security lighting and closed-circuit television (CCTV) as detailed in the specification referred to in any quotation, estimate or acceptance of order.
2. “The Company” means Lincoln Security Limited.
3. “The Buyer” means the customer referred to in this quotation, estimate or acceptance of order.
4. “The Installation Date” means the date when completion and hand over of the system is given to the Buyer notwithstanding any work that is still to be carried out by British Telecom or other service providers.
5.”The Maintenance Agreement” means the routine maintenance of the alarm system which is referred to in any quotation, estimate or acceptance of order and which runs for the period of at least 12 months and continues thereafter on an annual basis until determined by three months’ notice in writing given by either party to the other. The maintenance fee will be payable each year on the renewal date.
6. “The Protected Premises” means the premises for which the alarm system is installed.
PART 2. BUYERS OBLIGATIONS
1. The Buyer shall pay the installation costs and the first year’s maintenance/monitoring charge when the installation is complete. Upon payment of the costs and any appropriate VAT on the installation date and not before the property in the alarm system shall thereafter pass to the subscriber. For the avoidance of doubt the Buyer is reminded that if payment is made by cheque that the payment is not deemed to have been made, neither does the property pass until the said cheque is cleared through the Company’s bank.
2. The Buyer shall pay the annual maintenance charge each year in advance on the anniversary of the installation date and the amount of the said charge in each year shall be at the discretion of the company.
3. Where attendance by the Company at the premises is necessary for whatever reason (apart from routine maintenance visits) the Buyer shall pay all the Company’s charges including travelling and materials in receipt of the invoice in respect of the same.
4. The Buyer shall at its own expense, obtain any and all necessary consents for the installation of the system and ensure that the Company and its servants and/or agents shall have full and uninterrupted access to the premises at all reasonable times for the purpose of installation, routine maintenance, repairs and removal or renewal of the system and the Buyer acknowledges that it may be necessary for some work to be carried out outside normal working hours.
5. The Buyer shall permit any representative of SSAIB to have access to the protected premises at any reasonable time for the purpose of inspecting the said system and protected premises.
6. The Buyer shall at its own expense arrange for the provision of all necessary facilities by British Telecom.
7. If a Police call is required, the subscriber shall pay all installation, rental and subscription charges.
8. The Buyer shall not allow any person to have access to the system other than an authorised representative of the company and the Buyer shall not adjust, repair, alter or in any way interfere with the system without written consent of the Company.
9. The Buyer shall inform the Company immediately it becomes aware of any defects in the system and notify the Company within 24 hours. Any notification will be confirmed in writing within 3 days.
10. The Buyer is reminded that it is responsible for any nuisance (as defined under the Control of Pollution Act 1974) caused by the alarm call and the Company accepts no responsibility whatsoever in respect thereof.
PART 3. THE COMPANY OBLIGATIONS
1. The Company only agrees to carry out the work set out in the quotation, estimate or acceptance of order and no variation of or addition to these works can be accepted by the Company unless the said variations are accepted in writing by the Company in which case it will be charged appropriately.
2. The Company shall carry out routine maintenance on the system in accordance with the requirements of the relevant current British Standards and shall provide emergency service as laid down by the British Standards.
3. The alarm system is guaranteed by the Company for one year from the date of installation for free replacement or repair of any parts provided that such replacement or repair was not rendered necessary by the negligence of the Buyer, or it’s servants or agents or anyone other than employees of the Company or as a result of burglary, attempted burglary, fire, flood, Act of God, riots, civil commotion, strikes or lockouts, accidents or mis-use, moisture, paints or distempers.
PART 4. EXTENT OF COMPANY’S LIABILITY
1. The Company must limit its liability as set out below since it has no special knowledge of the nature or value of the protected premises and/or its contents will from time to time be exposed.
2. The Buyer is warned that the alarm that the alarm system whilst it is designed to reduce the loss and/or damage, it is not fool proof and the company does not warrant that the alarm system cannot be neutralised, circumvented or otherwise rendered in effective and if such eventuality does occur no liability shall attach to the company in respect of any loss or damage sustained as a result thereof.
3. Furthermore, the Buyer is warned that the Company does not accept any liability in respect of any loss or damage sustained by the Buyer as a result of criminal acts, riot or commotion.
4. The liability of the Company for damages for any loss or damage (except personal injury to the Buyer where the limit is £250,000) shall not exceed £2000 (whichever sum be the lesser) and the Company shall be under no liability in excess of such sums in respect of any loss or damage however caused, howsoever and from whatsoever, arising.
5. If the Company is found is found to be liable in respect of any matter not specifically referred to in the preceding clause the limit of its liability shall not exceed the installation charge or £2000 whichever is the greater.
6. Insofar as non-consumer sales are concerned the terms implied by sections 13,14 and 15 of the Sale of Goods Act 1893 as amended are excluded and no term or terms to the same effect are incorporated in the contract unless agreed in writing by the Company and by reason of this the Buyer is advised to consider its insurance position.
7. In the case of consumer transaction these terms and conditions are not intended to prejudice any terms implied by, statute after the quality or fitness for any particular purpose of any goods and shall be of no effect in such transaction if consistent herewith.
8. The Company shall not in any event be liable for any damages for loss or profits or other consequential loss however (and from whatsoever) arising.
9. The Company shall not be liable to the cost of any re-decoration or reinstatement of for damage to or the cost of relaying floor covering or for any breakage or other damage arising from the installation, alteration, maintenance or repair of the system or any part thereof unless the same arises from the negligence of the Company, it’s servants or agents.
PART 5. GENERAL
1. The Buyer shall advise the Company of the existence of, and point out to the Company’s installation engineer the location of concealed water, gas, electricity, telephone or other service, wiring or pipes before work commences since in the absence of such advice the Company cannot accept liability for damages to these services.
2. In the event of the Buyer not paying for any of the costs or charges set out herein on the due date or committing any other breach of the provisions of this contract the Company may, in its absolute discretion, determine this contract, or any part thereof, forthwith whereupon all obligations and liability on the parts of the Company hereunder both in respect of installation, maintenance and services shall forthwith cease but without prejudice to any rights of action or remedy of the Company to recover any sum or sums due or owing under the terms of the contract at such date.