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1.1 In the context of these conditions: -
(a)The term "Supplier" shall be construed as meaning Siteguard UK Ltd, which accepts an order for the supply of equipment.
(b) The term "Subscriber" shall be construed as meaning any person, firm or company named in the order form or the person firm or company who or which issues an order to the Supplier for the supply of equipment and all references to "Supplier" and "Subscriber" shall be construed accordingly.
(c)The term "equipment" shall be construed as meaning any item, article or thing supplied by the Supplier to the Subscriber, whether the same bears the Siteguard logo or otherwise.
1.2 Unless otherwise expressly agreed in writing by the Supplier, no equipment shall be supplied by the Supplier to the Subscriber, in any order or contract placed by the Subscriber, except in accordance with these Conditions which supersede any earlier sets of Conditions appearing in the Suppliers catalogues or elsewhere. These Conditions shall constitute the entire Terms and Conditions of the contract between the Supplier and the Subscriber and in the event of any conflict, these Conditions shall override and prevail over any terms or conditions stipulated incorporated or referred to by the Subscriber whether in the order or in any negotiations or otherwise.
2.1 THE SUPPLIER shall: -
2.2 become due for payment of the agreed charges upon completion of the installation, (such installation shall be deemed complete regardless of any remote signalling or ancillary devices not being connected with respect to delays incurred by any other service provider e.g. BT, Orange or electrical suppliers.) and Luna monthly thereafter.
2.3 retain ownership of all equipment including any remote signalling and other service interface equipment (where fitted).
2.4 agree to the hiring of equipment over a minimum period of 6 months. A 3-month period is available at additional cost.
2.5 in the quoted price for installation include, a site survey, base plate, full installation cabling, all maintenance, service calls, monitoring, local rapid response, key holder service, all telephone costs through an isdn line or equivalent (for the systems sole use only) and relocation to new sites, in accordance with our terms and conditions.
2.10 provide additional equipment, having been requested to do so by the Subscriber, after the installation of the system, shall be charged at an additional cost.
2.11 arrange delivery times from date of final approval, which may be affected by seasonal holidays etc. Whilst the Supplier will use their best endeavours to affect deliveries or execute work by the due date, no liability can be accepted for any loss or damage resulting from delay.
2.12 during normal working hours, in any contract period, carry out routine service visits in accordance with the relevant British Standard to your system.
2.13 be entitled to charge the subscriber an installation charge for all necessary extras on any non standard installation, in accordance with our terms and conditions.
2.14 be entitled to charge up to the end of the 6 month contracted period should a system be installed onto a site and is required to be taken off hire before the 6 month minimum period has been completed, unless prior arrangements have been agreed in writing.
2.15 require the subscriber to give 30 days prior written notice, should the subscriber choose to terminate a contract before the minimum 6 month period has elapsed but requires the system to be re-installed to another location. Should 30 days written notice be received, there will be no extra charges incurred to The Subscriber for the re-installation, provided the new site hire agreement is for a minimum period of 6 months.
2.16 demand payment that is due, 30 days from date of invoice. Failure to make payment by the due date of the agreed charges in accordance with 2.2 above, the supplier shall be entitled to charge interest against the debt at a rate of 8% per month above Lloyds TSB Base Rate until the debt is paid.
2.17 not accept any provision for the withholding of monies with respect to any contract that may be made with the subscriber.
2.18 reserve the right in the event of cancellation of a new system order, to make a charge equal to at least 50% of the agreed charges once such an order has been accepted.
2.19 invoice the subscriber all costs incurred for works having to be re-carried out to the installation, including materials, due as a result of any type of damage to the CCTV, Access Control, Fire, Intruder Alarm system.
2.20 be entitled to invoice the Subscriber for the replacement of any equipment found damaged, not present or unavailable at the time of removal from site.
2.21 at the time of termination refer to the supplier's handover documentation, including any other documentation for use in the retrieving of all equipment belonging to the supplier.
2.22 require 30 days prior written notice for the termination of the hired equipment. Should 30 days notice not be given, the supplier will be entitled to invoice the subscriber for the full 30 days notice period.
2.23 not be held responsible for any damage, theft or intrusion whatsoever, should the installed system not be armed by the Subscriber, that is, not having been armed by the Key holder/s or authorised body.
2.24 not be held responsible for any damage, theft or intrusion whatsoever, should the installed system be removed, altered or tampered with from the original specification, without prior written consent from the supplier.
2.25 be entitled to assign its entire obligation through subcontractors.
2.26 in keeping with its policy of constant improvement reserve the right to alter the specification of any component parts of the system at its discretion at any time without notice. The supplier also reserves the right because of difficulties in obtaining materials, to use at its discretion, equipment and materials other than those specified.
2.27 make every reasonable effort to conceal cables. Where this becomes impractical cables will be surface mounted.
2.28 reserve the right to decline responses to a service request should a system not be the subject of a current maintenance plan agreement.
2.29 not, nor shall permit, at any time, any other person/s to repair, move, remove, alter or make any addition to the original specification or part thereof, or in any way interfere with the installation or any part thereof, without prior written consent from the Supplier. Should any additions to the installation be made, those additions will automatically become our property without our having to make any payment.
3. THE SUBSCRIBER. Shall: -
3.1 be responsible for the arming and disarming of the system.
3.2 obtain and pay for all consents for the installation and shall give to the supplier access to the premises at all reasonable times for the purpose of installation and service of the said equipment.
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3.3 agree to make payments by their specified dates in accordance with the stated terms. Failure to comply with these terms or any others, which may be agreed in writing, will result in an interest charge of 8% per month above Lloyds TSB Base Rate until the debt is paid.
3.4 not withhold any monies from the supplier for whatever reason.
3.5 pay for the cost of all work to be re-carried out to the installation and materials, due as a result of damage to the CCTV, Access Control, Fire, Intruder alarm systems so becoming necessary to the said system and will be chargeable to the Subscriber.
3.6 incur an extra charge for any waiting time caused by other contractors if we, the supplier have been expressly summoned to site.
3.7 agree to the hiring of equipment for a minimum period of 6 months. Should the Subscriber, at any time, cancel this contract, the Subscriber shall be liable to the Supplier for at least 50% of the agreed charges once such an order has been accepted.
3.8 be charged for multiple site visits caused by delays or damage resulting from other contractors.
3.9 be responsible for the provision of all general services e.g. Scaffolding, high level access equipment and all electrical supplies for power tools and plant, 240v or 110v permanent power supply.
3.10 acknowledge that it may be necessary for some work to be carried out outside normal working hours.
3.11 notify the supplier, giving Two weeks notice, of any proposed extensive moves, structural alterations to the premises or of any modifications to interfacing equipment locations or design; any extensions or alteration so becoming necessary to the said system, to be carried out by the supplier at the subscribers expense.
3.12 give 30 days prior written notice for the termination of hire of equipment, Failure to comply will entitle the supplier to invoice the subscriber for the full 30 days that were due.
3.13 ensure sufficient time is made available to the Supplier's engineers, to remove all equipment prior to the removal of the Subscribers premises or cabins.
3.14 give 30 days prior written notice, should the subscriber choose to terminate a contract before the minimum 6 month period has elapsed but requires the system to be re-installed to another location. Should 30 days written notice be received, there will be no extra charges incurred to The Subscriber for the re-installation, provided the new site hire agreement is for a minimum period of 6 months.
3.15 not, nor shall permit, at any time, any other person/s to repair, move, remove, alter or make any addition to the original specification or part thereof, or in any way interfere with the installation or any part thereof, without prior written consent from the Supplier. Should any additions to the installation be made, those additions will automatically become our property without our having to make any payment.
3.16 notify the supplier (confirming in writing) of any defect, fault, breakdown or damage appearing in the installation or its components immediately.
3.17 keep the equipment in good condition. Use and operate the installation with reasonable care as per operating instructions and in a manner according to preserve proper and efficient working. Should any equipment be found damaged outside of normal wear and tear, at any time, those items shall be chargeable to the Subscriber.
3.18 not assign any of the subscriber's rights under this agreement.
3.19 not sell any of the equipment or it's components belonging to the Supplier.
4.1 Default
4.2 If you do not observe any of our terms and conditions (or any other agreement between you and us) and fail to remedy the situation within 7 days after we have brought it to your attention, we will reasonably believe that you no longer intend to observe your obligations and have repudiated them.
4.3 We may bring the hiring to an end by writing to you and withdraw your right to the equipment if: -
(a) we believe that you have failed to comply with our terms and conditions.
(b) we have grounds to believe that you cannot pay your debts, or you are declared bankrupt.
(c) we have reasonable grounds for believing that the equipment, or our interest in it, is at risk.
5.1 Insurances
5.2 The Supplier is covered for Public Liability.
5.3 The Supplier shall not insure or be held responsible for any Subscriber or his Contractors equipment, plant or materials that may be damaged, stolen or vandalised on site whilst the system is armed or unarmed.
5.4 In the event of failure of the system due to an act of God i.e. Fire,Flood,Lightning or any act of war or terrorism, we will endeavour to repair the system as soon as possible but can not accept any liability during the interim period for theft, vandalism or the provision of alternative security coverage.
6.1 Failure To Detect And Obstructions
6.2 The Supplier shall not be held responsible for any damage, theft or intrusion whatsoever, should the installed system not be armed by the Subscriber, that is, not having been armed by the Key Holder/s or authorised body.
6.3 The Supplier shall not be held responsible for any damage, theft or intrusion whatsoever, should the installed system be removed, altered or tampered with from the original specification, without prior written consent from the supplier.
6.4 The Supplier shall not in any event be liable for any expenditure, loss of profit or consequential loss of any kind howsoever caused.
6.5 Whilst the Supplier's equipment is installed, all surrounding flora; fences, buildings, cabins, cranes, containers etc are taken into consideration. Should large objects be moved or placed in view of the Suppliers' equipment the system may not work correctly and therefore the Supplier will accept no responsibility for any intrusion, theft or damage.
6.6 Should the Supplier not be informed of any obstructions that restrict the Supplier's equipment sight or detection, the Supplier will not be deemed responsible for any intrusion, theft or damage to the site.
6.7 Should obstructions of any kind, restrict the equipments sight or detection or interferes with the equipment, the Subscriber will be notified and expected to remove the obstruction at their own expense as soon as possible. The Supplier will accept no responsibility for any non-detection whilst the obstruction continues to restrict the operation of the equipment.
7.1 Governing Law and Jurisdiction
7.2 This contract shall be governed by the laws of England and Wales. All parties hereby submit to the non-exclusive jurisdiction of the Courts of England and Wales.
8.1 Rights of Consumer
8.2 Nothing in these Terms and Conditions shall affect the statutory rights of a consumer.
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