Terms and Conditions (The conditions)Please take a few minutes to carefully read these terms and conditions for the products and services you have ordered from Saracen Fire Protection Ltd. In the event your service agreement has not been returned to us signed prior to our service engineer attending your premises you accept that by allowing our engineer to enter your premises and carry out any works you are agreeing to these terms and conditions of contract. These conditions set out our agreement in relation to the services we provide to you. The definitions used in these conditions are set out in condition 11. All defined terms are in bold type. Our services are divided into four categories: Prevent Fire; Detect Fire; Contain Fire; and Escape Fire. In these conditions we have set out the particular obligations and other conditions applicable to each of these categories of service; but please note that some conditions apply to several (or all) categories of service.
1. OUR OBLIGATIONS (Saracen Fire Protection Ltd)1.1 Detect Fire (a) We will come to the site to carry out maintenance to the fire detection system. (b) We will carry out such work to the fire detection system and replace such component(s) as may be required. 1.2 Contain Fire (a) We will come to the site to carry out maintenance to the fire containment system. (b) We will carry out such work to the fire containment system and replace such component(s) as may be required. (c) We will carry out maintenance on all additional equipment not specified on the schedule we nd on site unless you tell us otherwise. 1.3 Escape Fire (a) We will come to the site to carry out maintenance to the emergency lights shown on the schedule. (b) We will carry out such work to the emergency lights and replace such components as may be required. 1.4 General (a) We will carry out maintenance during normal working hours and to the standard. (b) We will carry out all services with reasonable skill and care in accordance with good industry practice. (c) Our first visit will be within 30 days either before or after the date specified on the schedule and our subsequent visits will be made the number of times per year specified on the schedule. (d) If maintenance is not carried out on the due dates or in accordance with the standard you must give us the opportunity to carry out the maintenance by giving us 30 days written. (e) We will carry out additional work relating to the repair and/or upkeep of your systems as required. You will be charged in accordance with our then current rates. (f ) After each maintenance visit, including a call out, we will issue a Certificate of Inspection to show that condition of the system we have inspected and tested. (g) We will tell you if any system is faulty and we will give you a quotation for replacing or repairing it. We will not be obliged to provide further maintenance in respect of any part of the system if you do not accept our quotation or do not let us carry out the necessary work.
2. YOUR OBLIGATIONS2.1 General (a) You will pay for the services you have agreed to make to take. More information on our charges and payment terms is set out in Condition 4. (b) You will give us access to the site at all reasonable times so we can perform our obligations. (c) You must tell us about any changes which a ect or may a ect your system at the site; for example, extensions to the site, changes to fabric of the building or changes to the internal layout. (d) You must provide, at your cost, all access equipment we may need to carry out the services (e.g. ladders, sca olding) and you must ensure such access equipment is safe. You are responsible for ensuring compliance with all health and safety laws and regulations applicable, at the site, including those relating to electrical safety. (e) You should use and maintain the equipment and each system according to the instructions on them or supplied with them. (f ) You should insure against all losses which you could suffer as a result of your system or equipment not working. (g) Please note that while maintenance of the system is being carried out the system may not be fully operational and so during this time you should make suitable alternative arrangements to ensure you have effective protection in the event of fire as required by applicable legislation. 2.2 Contain Fire Hose Reels: You will be responsible for maintaining any pipe work from your mains to the hose reel isolating valve. Fire Containment System: You will be responsible for repairing any damage caused to the site as a result of any leaks from a defective fire containment system during or as a result of maintenance, including water escaping during pressure testing of wet and dry risers.
3. DURATIONThe contract starts on the contract date. Unless it is terminated under Condition 5, you or we can terminate it by giving the other at least 6 months’ written notice provided that this notice shall not be effective any earlier than, and the contract shall continue at least until, the end of a minimum 5 year term. The contract automatically rolls over for a further 5 years unless cancelled in accordance with the cancellation team.
4. CHARGES & PAYMENT4.1 Detect Fire You must pay the charges specified in the schedule in respect of each visit we make to the site to carry out maintenance to the fire detection. 4.2 Contain Fire (a) Fire Extinguishers The schedule indicates the fire extinguisher service package you have selected in the Contain Fire section. This is what is included in the charge specified in the schedule for each service package. Standard (0-20) – Labour for each scheduled maintenance visit, It does not include the cost of any small and large spares or refills or new equipment required that may be required. Comprehensive – Labour for each scheduled maintenance visit and any small or large spares or refills or new equipment required that may be required (this does not include malicious damage or usage). You will have to pay for spare parts and refills to your fire extinguishers if the cost of spare parts and refill is not included in the service package you have selected or if spare parts and/or refills are required as a result of neglect, tampering, misuse or discharge of the fire extinguisher for an improper purpose. (b) Other equipment: You will have to pay our then current prices for all spare parts required in connection with provision of services to any other fire containment system. (c) Scheduled maintenance in relation to equipment: You must pay whichever is the higher of; (i) The minimum service charge plus the applicable amount (if any) due for any spare parts and/or refills: and (ii) Our then current equipment charge for the relevant items of equipment multiplied by the number of such items we maintain at the site, plus the applicable amount (if any) due for spare parts and/or refills. (d) Call Outs in relation to equipment: You must pay; (i) the call out charge: and (ii) our then current equipment charge for the relevant items of equipment multiplied by the number of such items we maintain at the site during the call out, plus the applicable amount (if any) due for spare parts and/or refills. 4.3 General (a) Except where otherwise stated in the title contract all changes for services must be paid within 7 days of the date of invoice. You must pay our aborted visit charge if we visit the site and you do not let us carry out any services. (b) Call Out: For call out charges in relation to equipment please refer to condition 4.2(d). For call outs in relation to any other system you must pay for any additional hours of work not covered by the call out charge and for all spares and components at our then current rates. (c) Price Changes: We may change the charges shown on the schedule for services on or after the rst anniversary of the contract date. The revised charges will be shown on our subsequent invoice. This invoice will be our notice to you of our new charges. (d) If you do not pay our charges in full on or before the due date then from the next day we may charge interest on the overdue amount at 4% a year over the base rate for the time being of HSBC Bank PLC. We receive the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. An administration charge of £25 will also be charged.
5. SUSPENDING OR ENDING THE CONTRACT5.1 We can withdraw all or any of our services or end the contract immediately by giving you at least 7 days’ written notice if you; (a) Do not meet any of your obligations in the contract; (b) Have given us any incorrect information; or (c) Fail to accept our quotation for repairing or replacing any system. 5.2 You can end the contract on 7 days’ written notice if we are in material breach of our obligations, you have given us written notice of the breach and we have tried to remedy it within a period of 30 days after your notice. 5.3 The contract will automatically terminate, (a) if you are a company and you stop trading, are wound up, become insolvent or enter into administration or receivership: or (b) if you are an individual and you are made bankrupt (in Scotland become ‘not our bankrupt’). 5.4 We or you can end the contract under condition 3 by giving the other at least 6 months’ written notice which may not expire before the end of the minimum term.
6. CONSEQUENCES OF ENDING THE CONTRACTIf you end the contract before the end of the minimum term or without giving us any or su cient notice under condition 3, or if we end the contract for a reason set out in condition 5.1, you must pay us the amounts shown below to compensate us for our loss: 6.1 The charges that would have applied if the contract had continued to the rst date on which it could properly have been terminated in accordance with condition 3 discounted by 30%.
7. LIMITS OF LIABILITY7.1 This condition 7 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of: (a) Any breach of the contract; (b) Any use made by you of the systems or any equipment or any part of them; and (c) Any representations, statements or act or omission (including negligence) arising under or in connection with the contract. 7.2 All warranties, conditions and other terms implied by statute or applicable law are, to the fullest extent permitted by law, excluded from the contract. 7.3 Nothing in these conditions or in the contract limits or excludes our liability for: (a) Death or personal injury resulting from negligence; or (b) For any damage or liability incurred by you as a result of fraud by us. 7.4 Subject to conditions 7.2 and 7.3 we shall not be liable for any loss of profits, loss of business, reduction of goodwill, loss of contracts, corruption to data or information, or any special, indirect, consequential or purely Economic loss, costs, damages, charges or expenses.
8. EXCUSABLE EVENTS
We will make every effort to keep to our obligations under the contract. However, if we cannot keep to our obligations under the contract because of circumstances beyond our reasonable control, we will give you written notice of those circumstances. If we are still unable to keep our obligations after three months from the date of our first notice to you, you or we can end the contract by giving written notice to each other. If this happens you will only need to pay our charges for work we have carried out under the contract.
9. GENERAL9.1 We will supply the services in accordance with the contract. Any conditions you specify (whether or not they are contained in your purchase order) will not apply to the contract unless we have agreed in writing to accept them. 9.2 You cannot transfer your rights or obligations under the contract without our written permission. 9.3 The Contract (Rights of Third Parties) Act 1999 does not apply to the contract. This means no-one except you or us can take action to enforce it’s terms, but this does not affect the rights that any third party may have apart from that Act. 9.4 If we decide not to enforce any of the conditions of the contract or we delay in doing so that will not prevent us from enforcing that or any other terms and conditions at a later date. 9.5 Except for changes we may make to our charges in accordance with these conditions, the contract cannot be changed unless you and we agree to the change in writing. 9.6 All notices given under the contract will be treated as delivered if they are properly addresses and sent by post to, in our case our address shown in our invoice and, in your case your postal address. 9.7 If we decide to use a scanned copy of the contract in any court action instead of the original then you agree that the scanned copy of the contract will be treated as if it were the original and unless you can allow that its validity in serious doubt we will not have to prove that the scanned copy is genuine. 9.8 You confirm that whoever instructs the contract on your behalf has your authority to do so and full acceptance is agreed on completion of the initial service. If you have not given your authority to the person named in the schedule and you do not approve the contract afterwards then we may suffer a loss. Under these circumstances the person signing the contract agrees to fully compensate us for any losses and expenses we suffer from not being able to enforce the contract against you. 9.9 The contract is governed by English law and an English court will deal with any dispute under it.
In the contract the words shown below in bold have the following meanings: Aborted visit charge: Our charge for a visit by us to the site which is wasted because you do not let us carry out any services. Call out: An unscheduled maintenance visit you ask for, Certificate of inspection, a certificate showing the system(s) we have inspected and worked on and any refills, spare parts, components or other equipment we have supplied. Contract: The contract under which we supply services. The contract is made up of the schedule, these conditions and any other document we provide relating to the services. Contract date: The date shown on the schedule on which we sign the contract. Equipment: The portable fire extinguishers, the wheeled fire extinguishers, fire blankets and hose reels indicated in the schedule. Fire containment system: The equipment and/or systems referred to in the Contain Fire section of the schedule. Fire detection system: the fire detection and alarm system referred to in the Detect Fire section of the schedule. Maintenance: The inspection and testing of your equipment and/or systems. Minimum service charge: The minimum amount you must pay us for coming to your site for a scheduled maintenance visit as specified in the schedule Minimum term: The fixed minimum term of the contract shown on the schedule Normal working hours: 8.30am to 5pm from Monday to Friday excluding public holidays in the country where the site is located. Quotation: A written statement providing details of our charges and other contract terms. Schedule: The schedule on the front of this document. Services: The services to be supplied by us as specified in the schedule and any other services provided pursuant to the terms of the contract. Site: The address shown on the schedule where the equipment and/or system are located. Standard: The current British standard or EU equivalent applicable to the maintenance of the equipment or system.