ICOL SECURITY SYSTEMS – TERMS AND CONDITIONS
1.These Terms and Conditions are the only terms and conditions on which The Company provides estimates, sales, supply, Installation and maintenance of Electronic Security Systems and associate equipment and services. The same shall be implied by reason of any printed matter issued or published by The Company or any representations made by its agents or servants in any negotiation discussion or document.
“System” Means the equipment and any associated items listed in the schedule.
“Premises” means the location listed in the schedule of (as the case may be).
“Effective Date” means the effective date stated in the maintenance service agreement.
“Term” means the period of cover.
“The Company” means ICOL SECURITY SYSTEMS.
“The Customer” means you, the Customer, to whom we offer our service.
“ARC” Alarm Receiving Centre.
“Cloud Support” Administration between The Company and the APP service provider.
The Company will not under any terms of this agreement:
- Include the removal of the Equipment or part thereof from one location to another without prior written consent from our Office.
- Be responsible for adjustments made necessary due to a power failure, Internet failure.
- Be responsible for adjustment or Time Keeping Equipment at the commencement and
termination of British Summer Time each year.
- Be responsible for adjustments of Equipment made necessary by the use of spare parts expendable requisites other than those supplied by the Company.
- Be responsible for rectifying any faults found in the cabling to or from the Equipment.
- Be responsible for Equipment damage/malfunction due to any acts of God, civil disobedience vandalism, Viral Attack or Terrorist Act.
- Be responsible for repair of damage or replacement of parts caused by accident or misuse, or the neglect, act or default of the customer or any other user of the system (Including without limitation, failure to undertake user routine maintenance specified in system operating instructions) or failure of electrical power, or any other failure not attributable to the system. Any such work will be chargeable at current rate of charges.
- Be responsible for Painting or refinishing the system or furnishing supplies for such purposes, or making specification changes or performing services connected to relocation of the system or any part thereof, or adding or removing accessories, attached, consumable items or other devices.
- Such services as may be impractical for the Company to render because of alterations to the system other than alterations carried out by the Company.
- The Company will not be liable either in Contract or in tort for loss, injury or damage direct or consequential to person or property or of any kind whatsoever suffered by the Customer, the employees of the Customer or any other person arising out of misuse of the Equipment.
- The Customer shall afford the Company at all times reasonable access and facilities for the Company’s engineers to service the Equipment such work being carried out during normal working hours and paying regard to the Customers security Procedures.
- Ancillaries including batteries, hard drives, ink/printer ribbons, software, firmware alterations, LED Lighting, access control cards/fobs are NOT covered under this Agreement.
- All Services and Equipment supplied and carried out by the Company will be charged at the current Service rates and list price of the Equipment.
- 24 HOUR EMERGENCY CALL OUT SERVICE & RATES
In the event of an emergency there is an emergency engineer on standby during out of hours
who can be contacted via our 24-hour number. Response to emergency or a critical situation
will be within four hours. This service only applies to contracted customers but does not
include the cost of labour any necessary materials, Remote Resets or cloud Support which will
be deemed as extra to cost. Rates are subject to change. The 24-hour call out service is
primarily for emergency Intruder Alarm faults only.
4.1 Due to variations in costs a list of current charges can be obtained from our office on request.
- MAINTENANCE AGREEMENT
- A Maintenance Agreement shall not come into force until it has been signed on behalf of the Customer and Company representative.
- This Agreement shall continue in force for a period of Thirty Six months from the effective date (“the fixed period”) and Twelve monthly thereafter unless or until terminated by either party by giving to the other no less than NINETY (90) DAYS prior written notice to expire at the end of the fixed period or at the end of any subsequent period of twelve months.
- The Company agrees to provide maintenance service to keep the system in good working order. (Maintenance contract required to keep cloud support and Remote monitoring of alarm in place). There is a charge for APP Cloud support at the rate of charges prevailing.
- Maintenance service includes:
- Scheduled preventative maintenance based upon the specific need or the system as determined by the Company including such adjustments, modifications and repair of parts as shall be indicated and deemed necessary within the Maintenance service schedule to keep the system in good working order. All Parts/service are chargeable at List price.
- Repair of damage or replacement of parts caused by accident or misuse, or the neglect, act or default of the Customer or any other user of the system (including, without limitation, failure to undertake user routine maintenance specified in system operating instructions) or failure of electrical power, or any other failure not attributable to the system. Any such work will be chargeable at current rate of charges.
- The Company shall provide in respect of the system the additional services / protection (if any) detailed in the schedule, (herein called “the Additional services”)
- These conditions shall not be deemed to constitute or imply any warranty by the Company that the system will at all times operate satisfactorily without malfunction.
- The Company’s entire liability in respect of the system, the maintenance cover, and the additional services and any loss, injury, death or damage caused thereby or resulting there from is set out in this condition and apply to the total exclusion of any other conditions, warranties, stipulations or statements whatsoever, whether express or implied by statute, common law or otherwise howsoever. The Company accepts no liability for any loss of business or profits or contracts or any other consequential loss or damage.
- In the event of non-payment by default the Company will suspend all Cloud Support, ARC monitoring upon the system(s) and Service visits to the System until such time as payment in full is received for the contractual service to which the Customer has entered into.
- Cloud Support, ARC Monitoring and Service to the System will not be made active until such time as a contractual agreement has been signed and returned to the Company.
- INSTALLATION, MAINTENANCE FEES AND OTHER CHARGES
- The Customer shall pay the Company Twelve Monthly Charge (“the twelve-monthly charge”) at the rates stated in the Schedule for the Maintenance Service and for any additional services. The twelve-monthly charge shall be payable in advance on the effective date and on each subsequent anniversary thereof or as may be otherwise agreed by the Company in writing under the hand of an authorised signatory. The Company reserves the right to vary the twelve-monthly charge by giving the Customer not less than THIRTY (30) DAYS prior notice to expire at any time or times after the fixed period (but not more frequently than once in every period of months following the end of the fixed period).
- If the annual or any charges (or any part thereof) remain unpaid for more than 7 days after their due date the Company shall be entitled to withhold any or all of the services to be provided by the Company hereunder until such time as payment is received by the Company. The outstanding balance may then be passed to a debt recovery agency for enforcement. Late payment charges current at the time will apply.
- The foregoing charges exclude Value Added Tax (VAT). The amount of VAT for which the Company will be accountable to HM Customs & Excise in respect of such charges shall be paid by the Customer on the submission of a tax invoice and in accordance with the foregoing terms of payment.
- The Company will not enter into a contract which includes payment retentions by the Customer unless agreed in writing prior to commencement of installation.
- Customer will be required to pay for all callouts, Remote Resets of Alarm, Cloud Support (Cloud Support Subject to Maintenance Contract being in place) Service to ALARM / CCTV / ACCESS Systems. Missed Pre-Arranged visits will be charged at the missed visit rate current at the time.
- Our Credit Terms are 100% payment on work completion. Payment is strictly Net
Cash/Card /Cheque/BACS And must be made within 7 Days from date of invoice Beyond this
period we reserve the right to enforce the (Commercial) “Late Payment of Commercial Debts
(Interest) Act 1998”. and claim an additional fee of base rate 8% on any amounts overdue from
invoice date. Domestic Customers will be dealt with through our debt recovery procedure.
- ENGINEER CONDUCT
Trained competent engineers will carry out the proposed system installation, maintenance. and
repair, they will apply our Company’s Health and Safety policy while on site, they will also
comply with the site health and safety policy provided during any induction courses on site.
maintenance would be carried out in accordance with recommendations of British Standards /
European Standards as applicable. Relevant PPE Equipment will be used at all times.
- WARRANTY PERIOD OF GOODS
On receipt of a commissioning worksheet, the system installed, including materials and
workmanship, would be guaranteed for a period of 12 months
- CUSTOMER’S OBLIGATIONS AND UNDERTAKINGS
The Customer shall provide at its own expense by the effective date and thereafter maintain
throughout the period of this Agreement the following facilities for the operations and use of
the system, to the standards specified by the Company: sufficient space for the accommodation
of and access to the system: adequate mains power supplies: suitable environmental conditions:
all necessary internet / phone connections. All circuits and connections thereto and line
interfacing equipment and any other necessary facilities specified by the Company are in place
and in working order when required. The Customer must make sure that on the day of works
completion all Devices necessary for registering to the Alarm / CCTV or Access Control
equipment are on site and that any internet / phone connection are in place and in working
order. All Tags, Fobs. Keys that are required for use with these Systems are available on site on
the day of installation and Subsequent Visits. Key Holder Information is available. Return visits
required because any of the above was not available will be charged at the current rate of
charges. The Customer will not procure or permit any person to adjust tamper alter or interfere
in any way whatsoever with the system Alarm / CCTV or Access Control and shall operate the
system with all reasonable care. (Third Party interference will render third party liable).
- HEALTH AND SAFETY
We request that our engineers are advised in writing of any dangerous substances or unsafe
work areas. We insist upon a safe working environment at all times and assume that if no
correspondence is received at our office prior to contract commencement that there are no
health and safety / Viral issues we should be especially aware of before work starts.
- CUSTOMER UTILITIES
We request that our engineers are advised in writing of any concealed services such as water,
gas and electrical pipes and cables. We cannot accept liability for any damage caused as a
result of concealed services not being identified prior to work commencing.
- HIGH LEVEL ACCESS
This quotation allows for the provision of access required up to the working height of two
meters. However, should any specialist high level access be required this would be subject to a
variation order and would be deemed as extra to contract cost.
- ASSUMPTIONS UPON SECURITY SYSTEM TAKE OVERS
It is assumed that the security equipment is of a serviceable condition and free from faults.
Should any defects be found, these will be pointed out and repairs will be deemed as extra to
cost. It is also assumed that no other maintenance contracts exist with the security system(s) to
- WORK VARIATIONS
We would like to point out that our engineers have strict instructions not to undertake any
additional or variation work without prior instruction from The Company.
- CONTINUOUS WORKING PROGRAMME
Our quotation has been based upon a continuous working programme, which has not allowed
for delays caused by other associated trades related to the building activities. With regard to
any delays incurred by other associated trades this would be reported to the client or their
appointed agent and any delay caused that is greater than one hour would be deemed as extra
to cost and charged at our hourly rate current at the time.
- ACCESS TO THE SITE
You shall provide suitable access to the site, permit us facilities for uninterrupted working,
accept delivery of, unload and provide suitable protection for the goods and materials from the
time of delivery. All of these are to be supplied at your expense to enable the work to be
expeditiously and continuously carried out.
- FORCE MAJEURE
We shall be entitled to cancel rescind or vary any contract without liability for any loss or
damage if we are unable to fulfil the Contract as a result of Act of God, fire, flood, severe or
adverse weather conditions, invasion, war, act of any foreign enemy, material law, riot act or
restraint or government authority, strike, lock-out, trade dispute, Terrorist attack. Viral attack
or any other cause beyond our reasonable control.
- CUSTOMERS EXISTING NETWORK (ALARM / CCTV / ACCESS Control Network Setup)
The Company is not responsible for the Customer’s Internet Network infrastructure, ADSL
Router or Broadband service. Any assistance provided by the Company is purely an effort on the
Companies behalf to assist the Customer in the setup. No warranty or guarantee applies to the
Remote Network setup of any ALARM / CCTV / ACCESS Control Systems. Commissioned by The
Company. The Companies responsibility ceases at the Alarm Panel / Recording Equipment /
Access Control Equipment. Site visits required because of the change of an Internet network
service provider, New router, Updated Router or any problem with the Internet Network
whatsoever will be chargeable at the current rate of charges. No Technical Advice Given.
Operation of any APP supplied by a third party and not The Company will render the
Third Party liable for the APP operation, Fault Finding and service for the APP.