Please make sure you read and understand all the terms and conditions.
In this notice, by consumers' we mean persons who neither enter into this agreement in the course of a business nor hold themselves out as doing so.
These Terms and Conditions will apply to all goods and services that you, the Client, purchase from Southern Security Services Limited. By purchasing any of our goods and or services, you are accepting all these terms and conditions.
Note and read these conditions with care as they affect the liability between us.
- In these conditions the following expressions shall have the following meanings:-
The “Company” means Southern Security Services Limited
1.1 “Contract Period” means a period commencing on the Commencement Date and continuing thereafter until terminated under the terms hereinafter appearing.
1.2 “The Commencement Date” means the first day of month next following the month in which the Subscriber accepts the Company's Quotation.
1.3 “The System” means the equipment set out in the specification as described and/or shown on the attached manufacturers literature and includes the installations thereof existing at the date of this Contract and any apparatus forming part of the System during the Contract Period and the System embodying such substituted apparatus replaced by the Company.
1.4 “The Client” means you — i.e. the person/company/body for whom the quotation has been prepared.
- All goods and or services we offer that are detailed on our website, or in any publication, do not constitute a contractual offer to deliver theses goods and or services to you. A written or verbal quotation will be agreed with you before any work is undertaken. The company reserve the right to refuse an order for any reason. Verbal and or a written confirmation of an order will be provide by the company as confirmation of the order acceptance. Any quotation provided by the company will be valid for 14 days, it is your responsibility to ensure that the quotation is still valid when placing the order. Any description or images that form part of that agreement are for illustrative purposes only, as there can be small discrepancies between them and the final product. In the case of any special requirements or needs for goods and or services, it is your responsibility to provide all necessary information needed to supply the goods and or carry out these services. All goods and or services are subject to availability. If changes to your goods and or services are needed to comply with the relevant authorities or safety regulations, you will be notified of these changes. During an installation once the goods for the installation have arrived on site the goods become the responsibility of the clients, if during the installation the goods become damaged or are stolen from the property, the cost for the same will be payable by the client as will replacements for the damaged or stolen goods. Although the goods become the client’s responsibility of the client once on site, the company still retains title to the goods until paid for in full.
- THE CLIENTS OBLIGATION:-
3.1 The Client agrees that once verbal or written agreement has been entered in to, subsequent changes will need to be submitted in writing and agreed by both parties.
3.2 The Client will be required to pay a deposit for specialist goods and services which will be non-refundable
3.3 The Client will be required to make stage payments for works that run over 14 days at the request of the company.
3.4 The Client agrees to pay the company’s invoices in full for goods and services, including VAT at the current rate, within 14 days of the invoice date, and accepts that interest for late payment will be added at 2% above the bank base rate.
3.5 The Client shall pay to the Company the Maintenance Charge in advance as detailed in the quotation, whether demanded or not.
3.6 The Client shall not during the contract period interfere with or alter, or permit interference with or alteration of the System or any part thereof without notification to the Company.
3.7 If the Client becomes aware of any defect in the System, the Client shall immediately notify the Company.
3.8 The Client shall allow all necessary facilities and access to the Premises to be afforded to the Company at all times to enable the Company to carry out its obligations and rights hereunder.
3.9 The Company shall be entitled to perform all or any of its obligations under this Agreement by means of subcontractors as permitted from time to time under the NSI Qualtity Schedule SSQS101.
3.10 Provision for indemnity of the Client.
The Client shall be treated by the Company and its servants or agents as sole beneficial owner and occupier of the building in which the System is installed and as sole beneficial owner of all goods and chattels which may at any time be in the said building. It is agreed that if any third party asserting any right of interest in any such building, goods or chattels makes any claim against the Company, it's servants or agents, arising out of the subject matter of this agreement whether arising out of any negligence, breach of duty or other wrongful act or omission or otherwise by the Company, it's servants or agents, in respect of any loss or damage for which the Company is not liable to the Client, (such liability being limited by this Agreement) then the Client shall indemnify the Company, it's servants or agents against any such claim (and all costs incurred as a result) where the Company is as a result of these Conditions held not to be liable to the Client or where the total liability of the Company to the Client and all such claimants exceeds the limited sum set out in clause 5.3 below. However, if any servant or agent of the Company is guilty of any deliberately wrongful act or omission (which relates to any such claim for loss or damage) such servant or agent shall not, as between himself and the Client, be entitled to the benefit of this indemnity.
- THE COMPANY'S OBLIGATIONS:-
4.1 The company will endeavour to supply goods and services as detailed in their quotation, with in the time framed agreed as part of the acceptance of the company’s quotation. If for any reason the company is unable to provide goods and services within the agreed time frame and no goods or services have been provided or goods have been obtained on Client behalf, then the Client will be permitted to cancel the order with the company. If goods and or services have been provided the Client will be liable for the goods and or services that have been provided.
4.1 The Maintenance Charge shall cover inspection and testing of the System by the Company on the annual number of visits specified with in the quotation, throughout the Contract Period. The Maintenance Charge shall not cover repairs to or replacement of the System or any part thereof (unless and then only to the extent that sale warranties previously given by the Company may apply) and any such repairs or replacements shall be paid for by the Client on demand.
4.2 Limitation of the Company's liability:-
(a) Since the potential extent of the damage that might be caused or be alleged to be caused to the Client (as defined in (b) below) may be disproportionate to the amounts that can reasonably be charged by the Company under this Agreement, the Company intends to limit its liability to an amount which is not out of proportion to its charge, namely the amount defined in clause 5.3 below.
(b) In these Conditions ' damage caused to the Client' means any loss or damage suffered by the Clients howsoever arising caused by any negligence breach of duty or other wrongful act or omission (which phrase, wherever it appears in these Conditions, includes any deliberately wrongful act or omission and any breach howsoever fundamental of any express or implied term of this Agreement) on the part of the Company its servants or agents and including (but without prejudice to the generality of the foregoing) loss or damage caused by delay in installing the System (or any effective connection thereof) by want of care in work or preparatory to the installation of the system or work to or maintenance of the system whether performed at or about the premises or (with direct reference to the Clients System) at other premises such as the Company's control room or any Police or Fire Station. The Company will howsoever ensure that the system is fit for the purpose for which it is intended to be used.
- THE COMPANY AND THE SUBSCRIBER AGREE TO THE FOLLOWING
LIMITATION OF LIABILITY
5.1 The Clients Provision as to the liability of the Company, its servants or agents. In respect of damage caused to the Client, the Company shall be liable to the Client (and then only to the limited extent set out below) only in so far as such damage is caused by the negligence, breach of duty or other wrongful act or omission of the Company itself, or its directors, or servants acting within the course of their employment.
5.2 Provision as to notification of claims.
(a) The Company its servants or agents shall not be liable to the Client in any circumstances or to any extent in respect of any damage caused to the Client unless written notice is received by the Company (stated herein) within one month of the first discovery of the alleged damage.
(b) If any liability to the Client shall arise on the part of the Company its servants or agent (whether under the express or implied terms of this Agreement) howsoever fundamental or in negligence or in any other way, however fundamental may be the breach of any duty for any damage caused to the Clients, such liability shall in all cases be limited to the payment by the Company on behalf of itself or its servants or agents by way of damages either of £10,000 or a sum calculated at 20 times the annual Maintenance Charge payable by the Client whichever is the lower. In no circumstances shall the Company be liable for consequential loss to the Clients or any third party including loss of property or contracts.
5.3 Provision defining extent of liability.
(a) The Company and the Client further agree for the benefit of the Company and of the Company's servants or agents as aforesaid (both as a term of this Agreement and as a separate and independent agreement made in consideration of the entry by the Company into this Agreement, which separate and independent agreement shall persist after any termination of this Agreement howsoever caused) that the exclusion and limitations of liability provided herein including the indemnity clause 2 (6) shall survive for and protect the Company and its servants or agents in all circumstances whatsoever whether this Agreement or any of its' terms be broken or repudiated, and whether or not such breach or repudiation results in termination of this agreement and whatever the consequences of such breach or repudiation or termination.
5.4 Provision extending protection to servants or agents of the Company.
(a) The Client agrees with the Company, contracting as agent and/or trustee on behalf of its servants or agents, that in consideration of the said servants or agents carrying out for the benefit of the Clients their obligations under their contracts of employment with or otherwise to the Company in respect of the maintenance of the System, such servants or agents shall be entitled to the protection of all the terms and conditions hereof in any claim by the Client against such servants or agents.
- THIS AGREEMENT MAY BE TERMINATED :-
(a) by either party giving to the other not less than 14 days’ notice in writing expiring on any anniversary of the Contract Date.
(b) by either party immediately if the other party shall commit or permit any breach of its obligations hereunder and shall not remedy the same within seven days after notice in writing specifying the breach and requiring it to be remedied. If the Company shall terminate this Agreement under the provisions of this paragraph the Client shall immediately pay to the Company all monies then owing to the Company.
(c) by the Company immediately by notice in writing to the Subscriber if the Company cannot comply with its obligations hereunder for reasons beyond its control. Any such termination shall not give rise to any claim by the Client against the Company.
(d) by the Company, immediately if it considers any such interference or alterations as referred to in Condition 2 (2) above to be unacceptable.
7.1 The System is guaranteed against defects due to defective workmanship or materials for one year from the date of installation (including parts and labour, save that we exclude from this guarantee light bulbs, batteries and fuses). The Company undertakes at its discretion to repair or replace the System or any part thereof at its own cost or to refund to the Client either the whole or a proportion of the charge paid by the Client in respect of the system. If either the communication path(s) is (are) faulty or the System is operated in error then the Client will pay and indemnify the Company for all charges incurred and the service charge.
7.2 If due to the negligence or wilful act of the Client his invitees servants or agents or due to interference from animals or vermin, the System is damaged, then the Client will pay for all costs incurred to repair such damage to the System.
7.3 No alteration of the express terms of this Agreement shall be binding upon the Company unless confirmed by the Company in writing by a Director, or the Secretary or some other officer duly authorised by the Company and the Client acknowledges that no person other than such Director Secretary or officer has any authority to negotiate or enter into any commitment on behalf of the Company the effect of which would or might (but for his present Condition) involve the Company in any liability.
When the Client deals as a Consumer with the Company Conditions 3.10 and 4.2 do not and will not affect his statutory rights.
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