General Terms and Conditions
R&S Security Specialists Limited provides its services and purchases goods for its customers on the following terms and conditions
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• we, us or our |
is a reference R&S Security Specialists Limited |
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• you or your |
is a reference to the person to whom we are providing our Services or supplying Goods and is required to pay for the Services we provide and the Goods we supply; |
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• Goods |
means the goods we shall buy for you and which you will pay for; |
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• Materials |
means any materials, goods, parts, or items we need to buy necessarily in order to perform the Services but does not include the Goods we will be purchasing for you; |
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• Premises |
means the place where we will provide the Services; and |
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• Services |
means the advice, opinion, provision of Goods and installation we will provide in connection with your requirements. The precise Services we will be providing to you will be stated in the quotation and as we agree from time to time. |
2.1.1 when you sign the quotation we and you will enter into a legally binding contract on the date you sign.
2.1.2 where you and we agree orally that we should provide the Services and/or the Goods then there will be a legally binding contract on the date of our oral agreement.
2.2 We suggest that before you sign the quotation or orally agree to us providing Services and Goods that you read through these terms and conditions. If you have any questions concerning them please ask us.
3.1 Once we and you have entered into a legally binding contract we will normally start providing the Services to you at the Premises using the Materials straight away on delivery of the Goods or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
4.1 You and we shall agree the Goods that you wish us to buy (except where you have allowed us to decide what Goods to purchase).
4.2 Once it has been decided what Goods will be bought for you or supplied to you it will not be possible for you to cancel or change what is bought or supplied (except as you are permitted to do so under law).
4.3 Where any Services need to be performed in relation to the Goods (such as installing the Goods, fitting the Goods, or making them ready to be used) we assume that:
We aim to carry out the Services and the delivery of the Goods by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
7.1.2 we will complete the performance of all the Services by any specified date or time; or
7.1.3 the performance of any individual part of the Services will be completed by a specified date or time; or
7.1.4 the Goods will be delivered at the times or dates specified.
7.2.1 If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either choose either to continue to wait until we can start performing the Services or complete performing them or you can cancel the contract.
7.3.1 In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in clause 7.3.2 below). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the services.
7.3.2 The following are examples or events or situations which are not within in our reasonable control:
7.3.3 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
8.1 Our charges based on time spent
8.2 Our charges based on a quote
8.2.1 If we provide an estimate then we will charge you the amount stated in the estimate rather than a charge based on the time taken in performing the Services.
Note: we provide quotations based on an estimate of how much we will charge. Quotations are normally valid for a period of 60 days from the date they are given.
8.2.2 As we can only estimate the work to be undertaken we may need to charge you a higher amount than stated in the Quotation. This can occur for a number of reasons, in particular where:
8.2.3 Where the amount of work involved is greater than that stated in an estimate (as set out in clause 8.2.2 then following will happen:
(i) it is not possible to contact you within a reasonable time; or
(ii) it is not safe not to carry out and finish performing the Services (for example, your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).
8.3 Payment for the purchase of the Goods
You will need to pay for any Goods before or at the time we buy or order them (plus the costs of delivery). For your information, most Goods we buy will need to be paid for in advance of purchase or at the time of ordering. We will retain ownership of any Goods until you have paid for them (whether or not the Goods are delivered or have been subject to the Services we are to perform concerning them).
Payment for our Services and the Materials are normally made in two ways, either:
Which payment term shall apply will be indicated on our estimate.
8.5 VAT
All amounts stated (whether orally or in writing) are exclusive of VAT, which will be added at the rate currently in force.
8.6 If you do not pay when required to
If you fail to make payment by the date or time we and you agree we may:
8.6.1 charge you interest (at Bank of England’s base interest rate plus 8%) on any outstanding amounts if those outstanding amounts remain unpaid for more than 45 days from the date of our invoice or when we asked you first to pay them; and/or
8.6.2 if the amounts not paid represent more than 10% of the total value of the Services we are to perform for you and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due
10.1 We will assume that all information, measurements, and facts (Measurements) that you provide are accurate and true.
10.2 We will not accept liability for any loss or damage caused where we reasonably perform our Services in reliance of these.
11.1 We warrant that, for a period of 12 months from installation, the Goods shall:
11.1.1 conform in all material respects to any sample, their description and to the Specification.
11.1.2 be free from material defects in design, material, and workmanship.
11.1.3 if Goods, be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
11.1.4 if Services, be supplied with reasonable care and skill within the meaning of the Supply of Goods and Services Act 1982, Part II, s 13.
11.1.5 be fit for purpose and any purpose held out by us and as otherwise required to meet your needs; and
11.1.6 any media on which the results of the Services are supplied shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
11.2 The 12-month warranty period may be extended on an annual basis by taking out one of our service contracts. Contract
details will be provided to you with your quote prior to our installation of the Goods.
11.3 You warrant that you have provided us with all relevant, full, and accurate information as to your needs.
11.4 We shall, at our option, correct, repair, remedy, re-perform or refund the Goods that do not comply with clause 9, provided that you:
11.4.1 give us written notification not later than 5 Business Days from installation in the case of defects discoverable by a physical inspection, or within a reasonable period of time from installation in the case of latent defects.
11.4.2 such notice specifies that some or all of the Goods or Services do not comply with clause 9.1 and identifying in sufficient detail the nature and extent of the defects; and
11.4.3 give us a reasonable opportunity to examine the claim of the defective Goods or Services.
11.5 The provisions of these Conditions shall apply to Goods or Services that are corrected, repaired, remedied or reperformed with effect from delivery or performance of Goods or Services.
11.6 Except as set out in this clause 9:
11.6.1 we give no warranty and makes no representations in relation to Goods or Services.
11.6.2 shall have no liability for their failure to comply with the warranty in clause 9.1.
11.6.3 shall have no liability for the failure of pre-existing systems not supplied or installed by us; and
11.6.4 shall have no liability for systems not operating at optimal level due to your broadband not being delivered at a high enough specification, and all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982 and ss 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted.
11.7 If we are called to perform upon the warranty set out at Clause 9 by you and upon inspecting the Goods or Services identify that the issue is not under warranty, you will be charged a fixed call out charge, parts and time on side as set out in our schedule of rates, a copy is available on request.
15.2 Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).
If you wish to send us any notice or letter then it needs to be sent to R & S Security Specialists Ltd. The Old Brickyard, Cow House Lane, Armthorpe, Doncaster DN3 3EE and should be marked for the attention of Richard Sanders. If we wish to send you a letter or notice we will use the address you have given in the quotation.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
This contract shall be governed and construed by the law of England and you, and we agree to submit to the jurisdiction of the courts of England and Wales.
Installation and Maintenance Terms and Conditions
*Only applicable to systems with remote signalling
All R&S Security Specialist Ltd security systems are designed, installed, and maintained in compliance with current European and British Standards, and are accredited by the Industry Inspectorate SSAIB.
Grading Assessment, Design and Signalling Standards for Intruder Alarms
Grade 1: Low risk (DIY only)
Grade 2: Low to medium risk (most domestic, small commercial or retail properties)
Grade 3: Medium to high risk (most large commercial properties) *
Grade 4: Highest risk (Banks, MoD sites etc) *
In accordance with the industry standard, we have carried out a site survey and risk assessment to your property. This assessment relates solely to the grading and design of the proposed security system and is based upon information and any valuations available at the time of the survey. Please note that it is always recommended that you check our system grading with your insurance company to ensure their acceptance.
In the case of remotely monitored security systems, we recommend a dedicated ex-directory telephone line is used as this offers superior line protection, particularly in the case of digital communicator monitored systems, where the telephone line can be blocked by an incoming call rendering it inoperative and unable to transmit alarm conditions. It is also preferable to ensure all telephone lines should enter the premises either underground or covertly to prevent the line being cut. We further recommend that the remote monitoring of your system is by either Red-Care or Dual-Com GPRS systems. These are both accepted by your insurance company. By selecting either of these two systems, should your telephone line be tampered with, then this event plus any other security system activations will still be transmitted to your monitoring station.
(i) Keyholder Response: Should you require keyholder response only, then on receipt of the 1st system activation your monitoring station will inform your selected keyholders (in turn) of that activation. Your system password must be quoted whenever you or any keyholders are contacted. The local police force will not be informed, and it will be the responsibility of the keyholder to request Police attendance at site.
(ii) Police Force Response: Should you require Police response to your security system then it must comply with the Association of Chief Police Officers Policy (ACPO) for security systems. This states that your security system must use sequential alarm verification, this means that your monitoring station must receive two system activations within a 30-minute timeframe as confirmation that your premises have been attacked.
On receipt of the first system activation your keyholders as in (i) above will be called. On receipt of a second confirmation signal within the 30-minute timeframe your monitoring station will call the local Police force and request attendance at site. The system will be programmed to reset automatically after 30 minutes after a non-confirmed activation. If you activate your security system accidently and the correct user code is entered within 2 minutes of that activation, this will abort the signal and your monitoring station will take no further action.
(i) Level 1: Priority Police response will only be provided to intruder alarm systems until such time as three (3) false alarms have been received or two (2) false alarms for hold-up alarms in any rolling twelve (12) month period, after which all police response will be withdrawn. After the first two (2) false alarms for intruder or one (1) for hold-up alarms the client will be advised that should a further false alarm be received, as in (i) above, then police response shall cease. You must contact your security provider at this point.
(ii) Level 2: Withdrawn by ACPO in April 2006.
(iii) Level 3: Police response will be completely withdrawn fourteen days after receiving your Police notification of withdrawal letter. For police response to be re-instated your security system must be completely free of false alarms for a period of three (3) months, with evidence to this effect being given to the relevant Police force by your security provider.
It is the responsibility of the client to ensure that they appoint a minimum of two reliable keyholders whose details will be held on file by your monitoring station. Appointed keyholders must be able to attend the protected premises within twenty (20) minutes of such notification, be able to access the property and trained to operate the alarm system. You will need to complete a company keyholder form which includes a section requesting that you also give password details. This password must be known by all your keyholders as it will be requested by your monitoring station on any occasion that they need to contact you or vice-versa. Please note that if any keyholder is unable to give your system password then they will not be able to action any request for Police response.
Please note that all remote monitored security systems with Police response must be serviced at six monthly intervals to comply with the ACPO Policy. This will be done by calling at the client’s premises twice annually should we suspect any problems with the system since the previous service, or normally by servicing the security system on site each anniversary and doing a Remote Engineering and Support Service every second service. This type of service provides full remote diagnostic facilities to your monitored security systems and complies fully with the industry standards and our inspectorate the SSAIB.
In accordance with the Environmental Protection Act 1990 the external audible warning devices will operate for a maximum of 15 minutes, after which time they will automatically silence. Normally the strobe light will continue to flash until the system is reset to indicate to the customer that there has been a system activation.
Under the Control of Pollution Act 1974 it is an offence to create a noise nuisance. Accordingly the external sounder must switch off automatically after 15 minutes. This is also a requirement of the London Local Authorities Act, which empowers authorised officers of the Local Authorities concerned to seek a warrant to enter premises to silence an alarm causing annoyance. In addition, under the Control of Noise Order 1981, it is required that the Local Environment Health Authority are informed of an active audible system within 48 hours of the installation. This is to be done by you, by completing and submitting the forms enclosed in the system handover pack. For the latest information see The Clean Neighbourhoods and Environment Act (2005). The audible alarm is designed to sound for a period of no longer than 15 minutes.
It is the client’s responsibility to ensure that the CCTV System has adequate white lighting. This is necessary to ensure good picture quality and images during the hours of darkness. Normally your lighting has assessed post installation, at which stage our company representative will advise you as to what, if any, additional lighting may be required. You will be given an extra quotation for any work required to achieve the best results.
Small warning signs will be installed in prominent positions adjacent to where CCTV images are recorded and stored for viewing.
Please note that it is the responsibility of YOU THE CLIENT to register your CCTV System with the Data Protection Registrar, by telephone 01625-545740 or visiting www.dataprotection.gov.uk <http://www.dataprotection.gov.uk>.
Standards and principles based on the requirements of the 1998 Data Protection Act state that they must be:
The quantity of sounders detailed in our proposal and resultant sound levels are based on our past experience of similar buildings.
Category M Systems: These are manual systems and therefore incorporate no automatic fire detectors
Category L Systems: These are automatic fire detection systems intended for the protection of life. They are further subdivided into the following subcategories of system as follows:
Category L1: Systems installed throughout all areas of the building.
Category L2: Systems installed only in defined parts of the building, including all parts necessary to satisfy the recommendations of the code for a Category L3 System. The additional areas protected, over and above those protected in a Category L3 system, are those in which there is either high likelihood of fire starting or a high risk.
Category L3: Systems designed to give warning of fire at an early enough stage to enable all occupants other than, possibly those in the room of fire origin, to escape safely, before the escape routes are impassable due to the presence of fire, smoke, or toxic gases. To satisfy this objective, other than in the case of very short corridors, fire detectors need to be installed in all rooms or areas that open onto the escape routes.
Category L4: Systems installed within those parts of the escape routes comprising circulation areas and circulation spaces, such as corridors and stairways.
Category L5: Systems in which the protected area(s) and/or the location of detectors is designed to satisfy a specific fire safety objective (other than that of a Category L1, L2, L3 or L4 system).
Category P Systems: These are automatic fire detection systems intended for the protection of property. There are then two subcategories, namely:
Category P1: Systems installed throughout all areas of the building.
Category P2: Systems installed only in defined parts of the building.
R&S Security Specialists Ltd does not accept the responsibility or any liability for the performance or reliability of any existing equipment, cabling or wiring that has not been approved, supplied, or installed by R&S Security Specialists Ltd.
Our Surveyors and Engineers have a valuable wealth of knowledge and experience, however, even with visual checks and customers’ site history being presented, it is impossible to foresee any underlying problems i.e. Damaged or missing cables, equipment failures, sporadic faults or loss of images caused by induced EMF, poor earth supplies or interference from poorly installed cables. Therefore, any return visits, additional labour or equipment will be charged accordingly at the prevailing rate.
Unless specifically requested and otherwise confirmed in writing we have not made any allowance or included in the quotation the following:
It is the customers’ responsibility to move all stock and/or any obstruction that may impede or delay our engineers during the installation. Lifting carpets will be carried out by our engineers.
While every care will be taken, we cannot accept responsibility for carpets to be replaced as originally fitted.
Our proposal is based on free access to all areas of installation and continuous, unimpeded working, whilst on site.
Unless specifically requested and otherwise confirmed in writing, we have not made allowance in the quotation for any site-specific health and safety requirements other than our own reasonable care and attention in carrying out the works
Access lifting equipment required for the installation work and service / maintenance will be the responsibility of the customer, who will need to provide or pay for the hire of the equipment prior to the start date.
It is the responsibility of the client to ensure that prior to the installation date a 3amp un-switched fuse spur unit is installed adjacent to the area where the main control equipment is to be located and should be in full compliance with current electrical wiring regulations.
It is down to the customer to maintain the on-site LAN connection with adequate upload and download speeds to allow Smart Phone integration to work correctly. We cannot be held responsible for the upkeep of this service and any alterations to the broadband, router or new devices which require a re-visit. To re-instate this connection will be charged at the prevailing rate as detailed in our schedule of rates which is available on request.
R&S Security Specialists Ltd can confirm that any civil works required for this design proposal are to be the responsibility of others unless confirmed in writing. This includes catenary wire, ducting / draw wires, trenches, and concrete bases etc.
One set of manuals and the System Design Proposal are included within the quotation to show the operation and approximate location of the installed equipment. Any additional required, will be charged as extra.
We have included within our proposal for the issue of a SSAIB (Security Systems Alarm Inspectorate Board) Certificate of Compliance in support of the scope of work conducted on the system fitted within the System Design Proposal.
We strongly recommend that a copy of the System Design Proposal is passed to your insurers and other interested parties for approval prior to the commencement of any works, to ensure that the security grading and notification options of the system meet, or continue to meet, with their requirements for the insured risk.
R&S Security Specialists Ltd are committed to ensuring that all our activities are carried out in a manner capable of ensuring that health and safety of our employees and those in close proximity to our working area is not compromised. To assist us in completing our obligations we require you to advise us of the existence of any hazards e.g., asbestos that we may encounter on your site.
The contract period is a period no less than 12 months and will auto renew on the anniversary unless cancelled as per item 23 below.
This is the notice required to terminate the contract between you (the customer) and R&S Security Specialists Ltd, for the contract we provide for your electronic security system which is no less than 3 months and only after the initial 12-month contract period has expired.
R&S Security Specialists Ltd Company Terms and Conditions are available to view online at www.rssecurityspecialists.co.uk <http://www.rssecurityspecialists.co.uk> or by contacting us on 01302 215446.
In line with our terms and conditions and as part of the Maintenance / Warranty package, we will provide you with ongoing maintenance and emergency support to your system on a 12-month rolling contract.
We offer a 3-stage automated booking in service; this is to arrange the maintenance visit.
These will be sent out either by email or letter and may be followed up phone calls in between letters (if applicable).
You can call any time during working hours to make an appointment for your service visit, our contact details are, 01302 215446 or you can email us at support@rs-security.co.uk.
End of R&S Security Specialists Terms & Conditions
