Terms & Conditions
Over the past 39 years we have built our reputation as an innovative provider of premium security systems at a competitive price. Securaplace Ltd understand that security is a service and they place the highest value on their staff who are supported by first class training and sophisticated, state of the art equipment combined with the latest technology.
The provision of the Data Protection Act 2018 came into force on 25th May 2018 and may apply to your security installation. It is important that you comply fully with the provision of the Data Protection Act 2018. It may be necessary to register your security installation in accordance with the Act and to comply with the requirements of the Act itself. Further information can be obtained from the Data Protection Registrar, Wycliffe House, Walter Lane, Wilmslow, Cheshire, SK9 5AF
(Information line 01625 545745).
IMPORTANT HEALTH & SAFETY NOTICE
This specification has been prepared on the basis of Health and Safety information provided to us. Please inform us if you know of any potential hazards, particularly the presence of asbestos, when confirming your order. Failure to do so may result in a breach of the Health and Safety at Work Act Regulations and could lead to prosecution; therefore your cooperation is essential and greatly appreciated. This will also avoid the possibility of additional charges being levied.
It is very important that any specification is read in conjunction with the:-
(a) General Notes that are included with this specification.
(b) Terms and Conditions of the Agreement are enclosed.
GENERAL NOTES TO BE READ IN CONJUNCTION WITH THE SPECIFICATION FOR THE SECURITY SYSTEM
1. ALL SECURITY SYSTEMS
The Intruder, CCTV, Access Control Systems of Securaplace Ltd (the Company) are specified to comply with the relevant codes of practice and/or laid down requirements of: NSI -National Security Inspectorate. An NSI Certificate of Compliance will be issued upon completion of the security system's installation.
Relevant British and or European Standards.
NCPP -National Police Chiefs Council.
NCPP - National Police Chiefs Council Scotland.
Please note that alterations to the physical structure of the building or building services provided and/or any repositioning of furniture/fixtures/stock storage or display, etc. at the protected location MAY AFFECT THE AREA OF COVERAGE PROVIDED. In such circumstances the Subscriber should liaise with the Company concerning the re-evaluation of the security protection.
Unless expressly specified, the quoted installation charge DOES NOT INCLUDE:-
any 230 volt mains supply points or any fused spurs;
any building work and containment, cutting away, making good or redecoration;
any civil engineering work;
Any telecommunication services.
The Subscriber is asked to advise the Company before work commences of the existence of and point out to the Company's Installation Engineer the location of concealed water, gas, electricity, telephone or other services, wiring or pipes. In the absence of such advice the Company cannot accept liability for damage to these services nor any consequential loss.
Unless otherwise specified the Installation, costs allow for surface run cables.
At the discretion of the Company's Engineer(s), cables may be concealed.
Where floor-coverings have to be Re-fitted, then such work is the responsibility of the Subscriber.
In accordance with the Data Protection Act 2018, personal data relating to the Subscriber and its Key-holders in connection with any alarm system may be held by the Company their representatives and the Police on computer. Where data is relevant to a complaint it may be disclosed to an Independent Inspectorate recognised by the Police Authorities.
The Company will advise the Subscriber regarding the application of any Alarm communication services required, and will, where agreed by the Company and the Subscriber, make application to the Subscriber's Where the Subscriber will arrange for said communications service that the communications service is installed, it is the Subscriber's responsibility to advise the Company accordingly so that the installation of the security system can be completed. PLEASE NOTE with regards to any communication service that all costs associated with the cellular radio and/or 'normal' telephone and IT Network installation, connection, purchase or rental and costs of use etc. are the responsibility of the Subscriber. It is recommended that the telephone cable enters the protected premises underground or in a concealed manner and that the line be ex-directory, dedicated to the Digital Communicator and with incoming calls barred. Where the system utilises a Digital Communicator, it is vital that no outgoing calls barring is introduced as this would prevent the signal from being transmitted to an Alarm Receiving Centre.
Without giving notice, the Company reserves the right at any time to improve its own alarm filtering procedures and in addition to make changes to its alarm filtering procedures in accordance with the requirements of other external Authorities.
The Subscriber is advised to consult fully with their insurer regarding all aspects of their Security System.
Police response to a security system is dependent on the system performance in terms of false alarms. It is also dependent on the continuing willingness of the police to respond to electronic security systems signalling.
Unless otherwise specified the installation, costs have been calculated on a 'continuous working' basis. The Company reserves the right to impose additional charges if the continuity of the work is interrupted by the Subscriber, the Subscriber's Agent, or persons working on the Subscriber's behalf.
2. INTRUDER ALARM SYSTEMS
The area of coverage provided by each of the specified movement detectors will be demonstrated at the time the alarm system is commissioned and subsequently following replacement of a detector as a result of any necessary service work. It is the Subscriber's responsibility to check the coverage afforded by all movement detectors by means of regular testing checks between the maintenance/service visits undertaken by the Company.
For all intruder alarm systems incorporating an external audible alarm, it is recommended that the Subscriber notifies its local Police Station and Environmental Health Authority within 48 hours of the system coming into operation.
3. CCTV SYSTEMS
The area of coverage provided by each of the specified cameras/movement detectors will be demonstrated at the time the CCTV system is commissioned/hand-over and subsequently following replacement of a camera/movement detector as a result of any necessary service work. It is the Subscriber's responsibility to check the coverage afforded by all cameras/movement detectors by means of regular checks whether or not maintenance/service visits are undertaken by the Company.
TERMS & CONDITIONS
Agreement' means the Estimate (and the Specification referred to in it), the Acceptance together with these Terms and Conditions.
Company' means Securaplace Ltd.
Security System' means the equipment set out in the Specification and equipment from time to time installed.
Completion Date' in the case of an installation means the date when the original installation of the Security System has been completed by the Company signified by the Company's Certificate which shall be conclusive evidence, and in the case of supply only means the date on which the equipment is delivered to the Subscriber.
Contract Period' means a period of 1 (one) year from the date of the Agreement.
Normal Working Hours' means the hours of 9.00 a.m. to 5.00 p.m. Monday to Friday (alteration subject to the discretion of the Company) except for Public and National Holidays.
The 'ARC' means the Company's Alarm Receiving Centre and 'NPCC' means the National Police Chiefs Council.
Charges and Responses (where applicable) in accordance with the enclosed Schedule.
2. Charges where applicable, including the Emergency Service for the First Year where the fault is found to be caused by equipment failure: Inspection Report with Parts Warranty
3. These charges are renewable annually on the first and subsequent anniversary of the contract. Charges are subject to the addition of V.A.T. and are based on installation during normal working hours.
4.The Company may amend this Estimate if it is not accepted by the Subscriber within 30 days. The deposit of 50% of the Installation charge is required upon acceptance of this agreement. The balance and the Maintenance and Monitoring charge is payable on completion. The system supplied, and the service and maintenance given by the Company are designed and intended to minimise risk to the Subscriber of suffering the loss or damage for which it has been specified but no guarantee can be given that the system will detect, activate or report correctly at all times, under all conditions. Respectfully we would like to point out that Securaplace Ltd is not an insurance company and consequently because of the potential extent of any claim that could otherwise be made against the Company under the contract arising from a failure of the system or from some act of negligence on the part of the Company, its employees or its agents in comparison with the sum payable by the Subscriber, the Company places a limit on its liability. It is therefore the Subscriber's responsibility to comprehensively and adequately insure the property in which the system is installed, its contents and persons using the same, against "all risks"
PRICES / CANCELLATION
All estimates are valid for a period of 30 days otherwise prices are subject to those ruling on date of delivery. Prices quoted do not include re-decoration. Once the Estimate has been accepted by the Subscriber the Order cannot be cancelled.
** 1 (one)Years Notice of termination shall be given to the company; In the event that a term less than 1 Year is issued the full cost of 1 years monitoring and service charges shall be paid by the subscriber to the company in default
The maintenance contract shall run continuously until cancelled under item 2 ** above
The company reserves the right to cancel the contract immediately upon non payment of charges by the Subscriber
It is assumed that access to a Subscriber's premises will always be available to the Company’s employees engaged on the installation and for the inspection and testing of the equipment during normal working hours. If employees are prevented from completing all such work during normal working hours, then the Company reserves the right to make a charge for the additional costs involved.
In the event that the company has to apply for a work permit to gain access to a system within a centre and the said permit takes an unreasonable amount of time to gain them the company reserves the right to charge an administration fee for additional man hours at our standard hourly rate
NOTIFICATION OF FAULTS
The Subscriber must notify the Company immediately of any fault occurring in the equipment, the transmission and telecommunication capabilities, and the Company will repair such fault as soon as possible after receiving on.
THIRD PARTY CHARGES
The Subscriber shall indemnify the Company against any charges raised by Police, Fire or other appropriate Authorities or any third party against the Company as a result of the Company providing the services.
ADDITIONAL WORK REQUIRED
Where the Estimate includes the cost of installation, this has been priced according to the standard procedure of the Company. The cost of any variation in such procedures or additional work required by the Subscriber shall be treated as an increase in the price quoted for which an additional estimate will be given at the request of the Subscriber. In the event of delays arising in the completion of an installation due to stoppage or delays on the part of a Contractor or Sub-Contractor engaged by or on behalf of the Subscriber then the Company reserves the right to make an extra charge for the additional time involved unless otherwise agreed in writing with the Subscriber.
1st Year - All replacement parts will be free of charge except for monitor tubes, luminaires, lamps, and where applicable access cards/tokens. The company will also not be responsible for damage due to fire, storm, tempest, lightning, dampness, radioactivity from any nuclear fuel and waste radioactive toxic explosive or other hazardous properties, accident, misuse, theft, malicious damage or neglect of the system or structural alteration to the premises. Any recommendations as to additional work or variations made in the Inspection Report will be subject to a charge on a time and materials basis. 2nd and subsequent Years -Subject to payment of the maintenance charges, cover will include the agreed maintenance visit per year and an Inspection Report will be supplied. This cover will not extend to include any repairs or recommendations made in the Report. Any additional work or variations required by the Subscriber shall be subject to charge on a time and materials basis.
MONITORING ARC if applicable
In the event of an alarm signal being received, the Company shall use its reasonable endeavours and alarm verification capabilities to establish the cause of the activation and take such reporting action as is deemed necessary.
In the unlikely event of Police Response being withdrawn from the System any cost associated with additional services will be met by the Subscriber.
The Subscriber shall at all times and without delay inform the Company's Monitoring Services Dept. in writing of any changes in Key-holder information including codes or duress words/numbers, giving one working day's advance notice of any such changes. The Company cannot accept any liability for failure by the Subscriber to provide this necessary information.
The Subscriber shall at all times and without delay inform the ARC of any changes in Police Response Level, also any other monitoring changes required, in writing, by fax or e-mail to the ARC.
This Agreement may be terminated forthwith by the Company in writing to the Subscriber if at any time the Company shall be unable to secure or retain the connections or privileges necessary for the transmission of signals between the premises, the ARC, the Police or other appropriate Authorities and such termination shall not give rise to any claim by the Subscriber against the Company.
This Agreement shall be terminated forthwith without notice if either the ARC apparatus of the Company or the connections are destroyed by fire or other catastrophe or so substantially damaged that the Company is reasonably unable to continue its service.
The Company reserves the right to disclose data regarding the Security System to the Police in such form and in such detail as the Police or relevant Inspectorate Bodies recognised by NPCC may from time to time require.
The Subscriber shall at all times operate the equipment with proper care and in accordance with instructions given to him by the Company, and the Subscriber shall not alter or move from its original position any part of the equipment that is physically secured to the premises or any part thereof nor allow the same to be altered or moved.
TERMS OF PAYMENT
All payments are due immediately on delivery of goods or Completion Date whichever is applicable. If any payment is over 30 days in arrears, interest will be payable thereon at the rate of 10% per annum above the base rate of Barclays Bank Plc. from time to time from the due date for payment until the date of actual payment both before and after judgment and the Company shall not be bound to perform any of its obligations and may forthwith by notice in writing to the Subscriber terminate this Agreement without prejudice to its rights to recover any sum due hereunder.
Where Maintenance and Monitoring is applicable these charges or any other recurring charge are based on costs ruling at the date hereof. At any time after the expiry of six months from the Completion Date the Company may increase its charges.
DELIVERY AND INSTALLATION
The Company will endeavour to effect delivery and where applicable complete installation as soon as possible after receipt of an order but cannot accept any responsibility or liability whatsoever for any claim arising in connection with any delay in delivery or installation howsoever such delay arises. Time shall not be of the essence under this Agreement unless agreed by the Company in writing. Where the installation cannot be completed for reasons beyond the Company's control, payment of 90% of the Sale/Installation charge shall become due and payable.
During the period of 12 months following the date of delivery or where applicable completion of an installation the Company undertakes to replace free of charge any faulty or defective equipment fitted by the Company but only in so far as such fault or defect arises from faulty materials or workmanship. No other guarantee, condition or warranty shall be incorporated or implied herein unless specifically agreed in writing by the Company.
Where applicable the installation will be deemed to be completed when the Company's engineer commissions the system for online use and issues a Completion Certificate. The Subscriber shall not be entitled to assume that the system is fully operative and protective until receipt of the Completion Certificate.
All equipment is subject to the Manufacturer's standard tolerances, details of which will be supplied to the Subscriber at its written request. The Company will not be liable for any loss or damage arising as a result of any variations in the Manufacturer's specifications or technical data. Any complaint that the equipment delivered or installed does not comply with the Estimate must be made in writing to the Company within 28 days of the receipt of equipment or the issue of the completion certificate, where applicable, otherwise no claim will subsist, and the equipment will be deemed to be in all respects in compliance with the Agreement. The Company assumes no responsibility for any change in specifications requested by a Subscriber unless such change is confirmed in writing by the Company; any price variation resulting from such change will become effective immediately upon acceptance of such change.
The Company may from time to time add to or improve equipment without incurring any obligation to make such changes, additions or improvements in equipment already contracted for. Where the equipment is sold under a Consumer transaction nothing in this Agreement shall alter or in any way affect the statutory rights of the Consumer.
Guarantees will become void if any persons other than those employed be the company are allowed to work on, handle, or adjust any part of the system other than those in the Manager main menu
LIMITS OF LIABILITY
The following provisions set out the entire liability of the Company, its servants or agents, to the Subscriber in respect of any breach of its contractual obligations under this Agreement and any representation, statement, tortuous act or omission including negligence arising from or in connection with this Agreement.
Any such act shall for the purpose of this Clause be known as an event of default:-
THE SUBSCRIBER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING CLAUSES.
The Company's liability to the Subscriber shall not be limited for death or personal injury resulting from its own, or that of its employees, servants or agents, negligence;
Breach on the part of the Company of any condition or warranty as to title implied by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982.
Subject to the provisions of Clause 1 above the Company's entire liability in respect of any act or default shall be limited to £25,000.00 or 10 times the annual maintenance and monitoring charge, whichever is the less.
Subject to Clause 1 above the Company shall not be liable to the Subscriber in respect of any event of default for loss of profits, goodwill or any type of special indirect or consequential loss even if such loss was foreseeable by the Company and/or the Company had been advised of the possibility of the Subscriber incurring the same.
The Company shall have no liability to the subscriber for any loss, costs, expense, liability or other claim for compensation arising from any documents or other materials and any data or other information provided by the Subscriber relating to the Security System or any instructions (whether written or oral) supplied by the subscriber which are incomplete, incorrect, in accurate, illegible, out of sequence or in the wrong form or arising from their late arrival or non-arrival or any other fault (whether by act or omission or otherwise) whatsoever that is attributable to the Subscriber. Nothing in this Clause shall confer any right of remedy upon the Subscriber to which it would not otherwise be legally entitled.
Where applicable the Subscriber shall be responsible for obtaining and paying for all consents that may be necessary to install, maintain or monitor the equipment to the requirements of the Subscriber and the satisfaction of the Company.
When requested by the Company the Subscriber shall supply and fit at its own expense a suitable main point which must comply with the current Institute of Electrical Engineers Rules & Regulations. If the Subscriber requests the Company to provide this service an additional charge will be made.
RIGHT OF ASSIGNMENT
The Company shall be entitled to assign all or any of its rights under this Agreement and to perform any of its obligations through sub-contractors. The Subscriber's rights under this Agreement are not assignable or transferable without the prior written consent of the Company.
RETENTION OF TITLE
Until the Subscriber has paid all sums due to the Company whether under this Agreement or otherwise the whole right, title or interest both legal and equitable in and to the System shall remain in the Company, but the System shall be at the Subscriber's risk once installation in the premises has commenced. Without prejudice to any other rights which the Company may have, the Company may repossess, re-sell or trace any equipment or the proceeds of sale in the Subscriber's hands or in the hands of any trustee in bankruptcy, liquidator or receiver at any time after any payment has become due or immediately upon or after the commencement of any proceedings involving the Subscriber; for such purpose the Company's servants or agents may enter the premises of the Subscriber where the Company has reason to believe any such goods are.
Neither party shall be in breach of this Agreement if there is any total or partial failure of performance by either party of its obligations under this Agreement occasioned by any of the following: an Act of God, natural disaster or adverse weather conditions; fire, flood, explosion or power failure; any act of Government or State, war, enemy action, hostilities, civil commotion, public demonstration, sit in, any act by a terrorist or terrorist organisation, insurrection; or, without limitation, any other reason beyond the control of either party. Any party affected by this Clause will give notification in writing of the same to the other party stating the reason. Upon service of such notification the obligations of the Company to perform the Services shall forthwith be suspended until the affected party serves notice on the other party that such circumstances have ceased. The Subscriber shall not be liable to make payment during the period of any such suspension. In circumstances where formal notice is impracticable, the affected party shall use its reasonable endeavours to notify the other party as soon as possible by whatever means.
INSOLVENCY OF SUBSCRIBER/TERMINATION
1. This Clause shall apply if:-
any distress or execution shall be levied on the Subscriber's assets or if the Subscriber shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or an administration order shall be presented or made against the Subscriber or if the Subscriber is a limited company and any resolution or petition to wind up the same (other than for the purposes of solvent reconstruction or amalgamation) shall be passed or served or an administration order be made or if a receiver or administrator be appointed of the Subscriber's assets and undertaking or any part thereof; or if the Subscriber shall commit any breach of this Agreement or any payment shall be overdue the Company may forthwith by notice in writing to the Subscriber determine this Agreement without prejudice to its rights to recover any sum due hereunder and the Company shall thereupon at its discretion be entitled to terminate any other outstanding contract with the Subscriber.
The Subscriber ceases or threatens to cease to carry on business; or the Company is unable to purchase or maintain appropriate insurance cover either at all or at a cost acceptable to the Company.
The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Subscriber or if in the opinion of the Company serious doubts arise as to the solvency of the Subscriber.
2. If this Clause applies then without prejudice to any other right or remedy available to the Company:-
The Company shall be entitled to terminate this Agreement or suspend any performance of services hereunder without any liability to the Company;
Any entitlement of the Subscriber to use the Security System installed but not paid for in full shall terminate forthwith;
The Subscriber shall allow the Company to sever the Security System from other property and to repossess and to resell any part thereof not paid for in full; and if the Security System has been installed but not paid for in full by the Subscriber, the price therefore shall become immediately due and payable notwithstanding any agreement to the contrary reached between the Subscriber and the Company prior to any event referred to in paragraph 1 of this Clause
without prejudice to any of the Company's rights to claim damages the Subscriber will on termination or cancellation of this Agreement for whatever reason, or if the subscriber cancels, extends or delays or purports to cancel, extend or delay the Agreement or fails to accept installation of the Security System, indemnify the Company against all loss, costs, damage or expense incurred by the Company in connection with the non-performance of the Contract.
No terms, representations, additions or variations other than those embodied in this Agreement shall be binding upon the Company unless accepted by the Company in writing.
Any terms or conditions contained in a Subscriber's Order shall only be binding upon the Company in so far as they are not inconsistent with these conditions. The Agreement shall be construed in accordance with the Laws of England.