TERMS AND CONDITIONS FOR THE INSTALLATION, SERVICE AND MAINTENANCE CONDITIONS FOR INTRUDER DETECTION, INTERCOMS, FIRE ALARM, CCTV, GATE AUTOMATION, ACCESS CONTROL, AOV, FIRE EXTINGUISHERS AND EMERGENCY LIGHTING SYSTEMS

1 DEFINITIONS

“THE COMPANY” is (Fortline Ltd) being the organization responsible for the design, installation, maintenance and/or monitoring of the installation, which is the subject of this Contract, sometimes referred to as “our” or “we” in these Terms and Conditions.

“THE CUSTOMER” is the person or organization being a signatory to this Contract, sometimes referred to as “you” or “your” in these Terms and Conditions.

“THE PREMISES” are the Premises set out in the Specification or on the docket supplied.

“THE INSTALLATION” is the installed system defined in the Specification.

“INSTALLATION STANDARD” is the standard to which the equipment is to be installed and/or maintained, together with any other formal requirements stipulated as a condition of the regulatory body by which the Company is approved.

“CONTRACT” means the Quotation, Specification, Maintenance and Acceptance together with these Terms and Conditions.

“CONTRACT PERIOD” means the length of time you agree to be bound by these terms and conditions.

“SPECIFICATION” means the design specification which defines the level of protection, surveillance or access afforded by the security Installation. It is an integral part of this Contract.

“QUOTATION” means the proposed price for the equipment, its installation and/or maintenance and monitoring as itemized in this Contract.

“ALARM RECEIVING CENTRE” means a continuously manned remote Centre to which alarm activations and/or video data are signalled and passed to the relevant response authority (e.g. police, fire brigade, key holder).

“HANDOVER DATE” means the date on which the Installation is completed (notwithstanding that connection of any remote signalling is outstanding) and the Handover Completion Certificate has been signed.

“PREVENTATIVE MAINTENANCE” means the routine inspection of the Installation to verify that it continues to function in accordance with its Specification and to identify and rectify any items found faulty, worn or in need of scheduled replacement.

“CORRECTIVE MAINTENANCE” means the investigation and repair of faults reported by the Customer, including false alarms from intruder alarm systems.

“CALL FORM” means the signed docket that was given to you and signed by you upon completion of any works to your property/system of which bounds you by these terms and conditions.

2 GENERAL

Acceptance of this Contract, signified by the signature of each party OR where no signature is applied then payment for the services OR an email of works to proceed will be deemed that this contract is legally binding and enforceable and this includes acceptance of these Terms and Conditions along with any other requirements defined in the Specification or Call Form. For the purposes of interpretation, where the requirements of the Specification or call form conflict with any clauses of these Terms and Conditions, the Specification or Call Form requirements shall take precedence. All other terms and conditions not contained in or implied by the Contract are excluded. Nothing in these Terms and Conditions, either stated or implied, shall detract from the Customer’s statutory rights.

3 COSTS

i) The quoted costs may be revised if:
- a) you want the work carried out more urgently than agreed, or
- b) you change the Specification, or
- c) your Premises are in some way unsuitable for the equipment and this was not apparent from our original survey or there are circumstances about which we should have been made aware, or
- d) there are any other special circumstances we were not aware of when supplying our original quotation.
ii) All telephone line installation, rental and call charges are the responsibility of the Customer.
iii) Payment is due on completion for one-off work, call-outs and domestic customers. You can pay online using the link on your invoice, by card or by bank transfer. If you have a contract, block management or school account with us, payment for every invoice, including call-outs, is due within 30 days of the invoice date.

If you are late paying us, we may charge you interest on the overdue amount at the rate of 4% per year over the Bank of England base rate from the due date until the date we receive payment. You agree to take reasonable care of the Equipment on our behalf until you have paid for it.
iv) If our labour or material costs increase after twelve months, we may give you two weeks’ notice of any increase in our annual maintenance charges.
v) Installation work is normally carried out during usual working hours from 8.30am to 5.30pm Monday to Friday except for statutory holidays. Requests made by the Customer to install outside these hours may incur additional charges. See 3(i) above.
vi) Unless otherwise agreed in writing, the Quotation does not include additional work such as redecoration, carpet laying or building work, although we will take all reasonable care of your premises. Additional charges may be made if our engineers are not provided with access to doors, shutters, windows or any other areas where cables and equipment needs to be installed.
vii) Any equipment forming part of the installation which is not sold to the Customer, such as signalling equipment or firmware, shall remain the property of the Company and will be maintained and/or replaced at the Company’s expense unless such failure is attributed to any of the causes given in 7 (i). Any equipment which remains the property of The Company shall be defined in the system Specification. We reserve the right to recover such equipment on termination of the maintenance contract.
viii) Any call outs are to be considered chargeable at our current rates.

4 COMPANY’S OBLIGATIONS

i) We agree to complete the installation and hand it over in good working order. We will always attempt to seek your agreement should changes to the specification be required during installation.
ii) When we commission the Installation, we will train you in its operation. When you are satisfied with the Installation, we will issue the final invoice. We will give you a Certificate of Conformity when the Equipment has been paid for in full.
iii) We agree that, if any of the Equipment or our workmanship is faulty in the first twelve months, it will be repaired or replaced at our expense, not including labour, provided you let us know as soon as the fault occurs. This does not apply to systems that have been ‘Taken over’ suffered any environmental damage or had any third-party interference with the system. Any warranty claim will need to be carried out in line with our suppliers and/or the manufacturers terms and conditions
iv) Any warranty claims after the first twelve months will not include labour and this will be charged at the current rates at the time.
v) The annual maintenance and remote monitoring facilities commence upon completion and handover of the installation and continue from year to year upon payment of charges presented until cancelled in writing giving not less than three months’ notice.

5 CUSTOMER’S OBLIGATIONS

i) You agree to give us and our workers full access to your Premises to survey, measure, install, test and service the Equipment. You also agree to provide an adequate electricity supply for the Equipment to operate correctly. You will provide an adequate supply of clean drinking water. If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge. We are not liable if completion is delayed due to the unavailability of signalling transmission facilities or other circumstances beyond our control.

By signing the Contract/Call Form with us, or by giving us an email confirmation you guarantee that you have full authority to allow the installation, and no other consent is needed.
ii) You must not interfere with, or allow anyone else to interfere with, adjust, service or attempt to repair or reset the equipment at any time.
iii) Any unauthorised interference with our equipment will immediately invalidate your warranties and our contract/agreement with you will cease immediately. You also agree to settle any outstanding invoices for the maintenance period.
iv) If you need to get your system inspected by a third party then you must obtain written permission from us prior to any inspections. If necessary, we will send an engineer to assist in this inspection for which a fee will be charged.
v) If this inspection reveals a concern that we agree with then this may be rectified by us and at our cost within 14 days of the inspection.
vi) If the equipment is activated to the Alarm Receiving Centre, you will need to let us know as soon as possible. If the equipment needs to be reset, we may charge you at our usual rates then in force.
vii) You will need to let us know in advance if any third party intends to carry out work on the telephone lines within your premises, as this may affect the equipment’s effectiveness.
viii) The equipment does not belong to you until it has been paid for in full. If you do not pay the balance of the installation charge when it is due, we have the right to remove the equipment from your Premises without notice. By signing the Contract/paying for the services with/to us, you irrevocably authorise us to enter your Premises to remove the Equipment if payment remains outstanding.
ix) If you cancel our Contract less than ten working days before installation, we may charge you for any equipment we have bought for your Premises and make a reasonable charge for damages for breach of contract.
x) If the Equipment is connected to an Alarm Receiving Centre, it is your responsibility to make sure that the telephone line is working properly and the account correctly maintained.
xi) You need to notify us of any change in the layout of your Premises, as this may affect the effectiveness of the Equipment to detect movement or intrusion.
xii) You agree to permit the Company’s staff and representatives of its regulatory body (only whilst accompanied by the Company’s staff) to access the installation for the purposes of maintenance or inspection.
xiii) You agree to make this contract known to any Company/Persons who occupy the building after you have either left the premises or you are no longer responsible for it, they will be entitled to cancel this contract, but the notice period will still be applicable.
xiv) You agree that any ancillary equipment that causes an issue to the maintained/non-maintained system is not covered under any warranty and such issues are considered chargeable.

6 MAINTENANCE, SERVICE AND MONITORING

i) In return for payment of the maintenance charge, the Company will maintain the Installation in accordance with the installation standard and respond to your emergency calls for assistance. If your Equipment is installed to BS4737 (or its successor,) our response to emergency calls will be within four hours of your request, or before the Equipment needs to be set, unless mutually agreed otherwise.
ii) If we have to attend the Premises, or repair the equipment between routine maintenance visits, we will make a charge at our usual rates unless the work is covered by Clause 4 (iii).
iii) The annual maintenance charge does not include charges for replacement parts or batteries, which will be charged in addition to the annual charge.
iv) Where the installation is monitored by an Alarm Receiving Centre for direct response by emergency services (e.g. police or fire brigade), it shall be a condition of such monitoring that an annual contract for Routine Maintenance exists between the Customer and the Company. Routine maintenance visits shall be undertaken by the Company as defined in the Installation Standard or this Contract.
v) All call outs/extra works to ‘pay as you go customers’ (customers without a maintenance contract) are chargeable at our current rates.
vi) Call outs will be charged at our current rates. Our charges begin from the moment our engineer starts the journey to your premises and will stop when the engineer has returned to our offices.

7 CONTRACT PERIOD

i) You the customer, agree that the contract period will be a minimum of twelve months from when we have completed any initial work.
ii) If you wish to cancel the contract you will need to give not less than 3 months’ notice before the contracted year ends.
iii) If no cancelation has been submitted then you agree to automatically renew the contract on a year-by-year basis.
iv) It may not always be possible to obtain a signature for the contract, where no signature has been obtained you agree to be bound by these terms and conditions once any works have been completed.
v) The cost of the contract will be confirmed prior to the works commencing.

8 LIABILITY

The Company does not know, and shall not be deemed to know, the true value of the Customer’s property or premises and is not the insurer thereof.

i) The Company shall not be liable for the costs of any work, repairs or replacement of Equipment which results from fire, electrical power surge, storm/high winds, flood, accident, neglect, misuse or malicious damage.
ii) The Company has provided limited insurance cover for itself with indemnity for claims made against it in respect of accident, injury, loss or damage. Cover also extends to failure to perform (valid for new installations only and for a period of 21 days from completion date.) and wrongful advice given unwittingly. A copy of the relevant insurance schedule is available to the Customer upon request.
iii) Although the Installation may be designed to detect or deter intrusion and reduce the risk of loss or damage, the Company does not represent or warrant that the installation may not be neutralized, circumvented or otherwise rendered ineffective by unauthorized persons and in such event the Company shall not be liable for any loss or damage suffered by the Customer or other unauthorized persons. The Company accepts no liability for claims falling outside the ambit of the indemnity referred to in Clause 7 (ii) above and the Customer is advised to arrange sufficient insurance cover in respect of claims arising due to injury, loss or damage howsoever caused.
v) Like all electronic equipment, the system could fail in rare and exceptional circumstances and the Company cannot guarantee that it will be operational at any specific time or for any specific period. The Company will explain what regular tests can be performed to verify that detection equipment is operational between routine maintenance visits carried out by the Company.
vi) The terms and conditions given in this contract do not affect your rights under the Sale of Goods Act or Unfair Contract Terms Act.
vii) You must notify us of all hidden pipes, electrical cables and any other hazards that we may come into contact with whilst on your premises. It may also be possible that We will need to lift the carpets/ flooring in order to lay our cables, we will endeavour to refit these to the best of our ability, but we will not accept responsibility for any flooring that is not relayed to their original condition.

9 TERMINATION

i) Either the Customer or the Company can terminate the Contract by giving not less than three months’ written notice. If you wish to terminate the Contract with less than three months’ notice, the Company reserves the right to charge the next year’s costs of any monitoring charges if these have already been paid in advance by the Company on your behalf.
ii) The Company may terminate this Contract should the Customer breach any of its conditions or if the Customer is in arrears with any payments due for a period in excess of 30 days. This will not prejudice the Company’s right to reclaim the payment outstanding. In such circumstances, seven days’ notice of cessation of any remote monitoring will be given by the Company.
iii) In the event that the maintenance contract is terminated, the Company shall be provided with access to recover any equipment and/or firmware which did not belong to the Customer but was rented from the Company.
iv) The Company reserves the right to remove logos, nameplates, motifs or any other Company identity from the Equipment.

10 FORCE MAJEURE

Any failure by the Company to fulfil any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.

11 APPLICABLE LAW

This Contract is governed by the laws of England and Wales, Scotland or Northern Ireland as the case may be and each party submits to the jurisdiction of the courts thereof.

Terms and Conditions