MCM ALARMS LTD INCORPORATING JAK ENTERPRISES LTD - TERMS AND  CONDITIONS

This Agreement supersedes and cancels any previous agreement between the two parties in respect of the security system

INSTALLATION

The installation will be carried out in accordance with the specification attached hereto and will conform to the relevant British Standards stated in the specification.

1)     The installation shall be deemed to be complete on the date at which the system is handed over to the customer, whether or not British Telecom has provided any necessary connections.

2)     The Customer when requested shall at his own cost provide a supply of electricity suitably switched at any number of points as indicated by the Company.

3)     The Company shall install the alarm system at the customers’ premises and make all necessary connections without liability for reinstatement or redecoration including the relaying of floor covering.

4)     In the case of space detectors, vibration detectors and some electronic devices, a test period of 14 days will be required to establish that the environment is suitable.

5)     The Company reserves the right in the event of this test proving unsatisfactory to remove such units and provide a quotation for alternative protection.  Removed units will be credited.  A test period of 14 days is required prior to the connection of remote signalling.

6)     The customer is informed that; under some circumstances, it may be necessary for the Company to use certain subcontract services.

THE COMPANY’S OBLIGATION

7)   The Company shall during the servicing period only:

(a)   Replace or repair any faulty equipment, remedy any defect in workmanship, without charge, within a period of twelve months from completion of the system provided that all materials and labour have been supplied by the Company.

(b)   Test and service the system in accordance with the relevant British Standard.

(c)   Indemnify the customer against liability for death or personal injury resulting from the negligence of the Company.  Provided that if the customer shall be in breach of any of his obligations under this agreement the Company shall be under no liability whatsoever.

CUSTOMERS OBLIGATIONS

8)   The Customer shall:

(a)     Not tamper with, alter, interfere or permit any interference with the signalling reset facility (if fitted) or any part of the installation, without prior written permission from the Company.

(b)     Permit the Company’s servants or agents access to the premises during normal working hours, for the inspection, servicing and repairing of the system, also for the disconnection of any signalling equipment on termination of this agreement.

(c)    In form the company in writing of any stock layout changes, building alterations and any other factor that may affect the system. 

(d)    Inform the company in writing of any material change in the value or type of goods kept on the premises, or other alteration by third parties.

PAYMENT

9)    The Customer shall pay

(a)     Any deposit requested on confirmation of order.

(b)     The full balance and first years service charge on completion, unless otherwise stated, until which time the equipment and installation remains the property of the Company.

(c)      The annual service charge on the anniversary date of completion.

(d)     A callout charge and a labour charge for service visits and all materials used during service visits.

(e)     Any service charges for repairs carried out due to negligence, damage, fire or flood, customer error or any repair caused by a third party whether or not the system is under guarantee.

(f)      Pay Value Added Tax and / or any statutory payments imposed by the Government.

(g)     For all British Telecom or other telecom suppliers and other necessary facilities required for installing the system.

10)    The Company shall not be held liable for any negligence on the part of the Customer, his servants or agents howsoever caused.

11)(a)     Whilst the Company will use its best endeavours to design and install equipment appropriate to the needs of the Customer, the Company does not warrant that the system so installed will be adequate to detect the presence of each and every intruder.  In any circumstance where all or any of the works, installation or precautions recommended by the Company, its’ servants or agents to be carried out on the part of the Customer have not been so carried out, the Company will not be liable to the Customer, or any other person whose property is on the Customers premises, for any loss or damage resulting from any failure of the installation to operate nor any inadequacy in the function of neither the installation nor any inadequacy in the system installed.

(b)      The Company will not be liable for any loss or damage in any circumstances where the subscriber shall have failed or refused to permit the Company the right to inspect and test the installation and maintain the same in good working order at the intervals laid down by the relevant British Standard or any other current industry standard in force.  The Company shall not be liable for any loss or damage in respect of defects of which it shall be unaware nor will the Company be liable for any loss or damage in the event of any defect appearing in the installation unless Customer has notified the Company by telephone as soon as the same appeared and has confirmed such notification in writing and has permitted the Company to take such steps as it deems necessary to remedy such defect as soon as is reasonably possible in a timely manner.

VARIATION AND TERMINATION

12)   The annual service charge is based upon existing labour rates, material costs and other expenses. If such costs vary, the Company reserves the right to vary the service charge by giving one calendar month notice in writing to the Customer.

13)   The Company or the Customer may terminate this agreement by giving one calendar month notice in writing to either party on expiry of the minimum specified period overleaf, unless determined in accordance with Clause 14.

14)   Not withstanding Clause 13, the Company may terminate this agreement at any time without further notice if any payment or sum due is outstanding for a period of more than one calendar month.

15)   If any unreasonable delay is attributed to the customer and completion remains outstanding for more than three calendar months the Company may vary the price of the system by giving the customer notice in writing.

16)   This agreement will run for the minimum specified period of three years and thereafter from year to year until determined by clause 13

17)   The Company advises all Customers in their own interests to ensure that system is adequately insured.

18)   Limitation:  The Company's’ liability for any loss howsoever caused shall be the lower figure of either ₤10,000 (ten thousand pounds) or 10 (ten) times the annual charge made by the Company. The Customer is advised to take out insurance cover if a greater figure is required. 

19)Force Majeure In the event that we are prevented from carrying out our obligations under a contract for sale as a result of any cause beyond our control such as but not limited to Acts of God, war, strikes, flood and failure of third parties to deliver goods, we shall be relieved of our obligations and liabilities under the terms and conditions for sale for as long as such fulfilment is prevented.

20)The contract shall in all respects be governed and construed in accordance with the laws of England.

WE DRAW YOUR ATTENTION TO THE FACT THAT THIS IS AN INSTALLATION AND SERVICE AGREEMENT

PLEASE ENSURE THAT YOU UNDERSTAND FULLY THESE TERMS AND CONDITIONS PRIOR TO YOUR ACCEPTANCE             

MCM Alarms Ltd - 01/01/2022