Mortimer Bentley & Co Ltd Terms and Conditions
- 1. Definitions, etc
- (i) "Applicable Standards" means those adopted by any approvals or regulatory organisation by which the installer is for the time being Recognised or any modification or replacement thereof, current at the date of this contract.
- (ii) "Authority" means any private or public organisation, body or association which provides response service in relation to security or alarm systems, or which is otherwise involved in the monitoring of security or alarm system.
- (iii) "Corrective Maintenance" means the diagnosis and repair of faults and defects including defects discovered during preventative maintenance work or as a result of emergency call-out.
- (iv) "Contract" means the contract for the installation, maintenance, and/or monitoring of the installation between the customer and the installer.
- (v) The "Customer" means any company, firm or individual or agent thereof to whom the installer´s quotation or contract is addressed.
- (vi) The "Installation" means that security or alarm system and items of associated equipment described in the system design specification and which is the subject of this contract.
- (vii) The "Installer" means the person, partnership or company (Mortimer Bentley & Co Ltd) which is undertaking to install, maintain, and/or monitor the installation which is the subject of this contract.
- (viii) "Maintenance Contract" means the contract between the customer and the installer for the maintenance of the installation for the duration of the maintenance contract period.
- (ix) The "Maintenance Contract Period" is that period quoted in the covering letter and pricing structure part of the quote and accepted by the customer and commences initially on the date issue by the installer of a certificate of compliance for the installation or may commence on any anniversary of that date thereafter.
- (x) The "Maintenance Contract Price" is that price payable by the customer in the pricing structure part of the quote, and may be subject to reasonable increase (base on the retail price index or other suitable measure) on an annual basis, during the maintenance contract period, to cover increase in wages, rates, travelling costs and any other relevant prevailing factors since the date of the contract.
- (xi) "Preventive Maintenance" means inspection, testing and adjustment of the installation to confirm satisfactory operation or to identify any faulty items or processes to the customer.
- (xii) The" Quotation Price" is that price accepted by the customer in the pricing structure of the quote and contract and is not subject to revision except by agreement in writing of both parties.
- 2. General
- (i) Acceptance of the quotation includes acceptance of the following terms and condition as well as any which may have been added in the system design specification, which may specifically override these terms and conditions of trading and will take precedence if necessary for purpose of interpretation.
- (ii) Nothing in these terms and conditions will reduce your statutory rights relating to faulty and misdescribed goods. For further information about your statutory rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
- 3. Basis of quotation for installation
- (i) Installation work is to be done during normal working hours, i.e. Monday to Friday 09.00 a.m. to 17.30 p.m. (statutory holidays excepted ). Any extension of such hours or period directly or indirectly caused by the customer shall entitle the installer to charge any reasonable extra costs resulting.
- (ii) Variation or additional work ordered by the customer shall be charged on the basis of reasonable time and materials at rates and costs current at the time of such work (unless separately agreed in writing prior to the variation/additional work starting).
- (iii) Unless otherwise specifically agreed, the Quotation Price does not include any extraneous work, making good, re-decoration, carpet laying, building or carpentry work etc, and is contingent on engineers having unhindered access to doors, windows, cable runs and all other areas where work has to be carried out.
- (iv) Any item of equipment not actually sold to the customer shall be denoted as such in the system design specification and shall be subject to separate rental and/or maintenance terms as may appropriate.
- 4. Terms of Payment
- 4.1 Unless otherwise agreed, the specified deposit shall be due and payable by the customer on acceptance of the quotation.
- 4.2 The outstanding balance of the quotation price shall be due on completion of the installation ("the final date for payment") and prior to handover of the keys or keypad combination code to the customer.
- 4.3 The Installation shall remain the property of the installer until all sums due and payable by virtue of this paragraph have been received by the installer, but the customer shall nevertheless at all times be responsible for the loss of and damage to the installion unless such loss and/or damage arise from the neglect of the installer, its employees or agents.
- 4.4 This paragraph only applies to contracts which are subject to the Housing Grants, Construction and Regeneration Act 1996.
- 4.5 Payment as required above may not be withheld by the customer after the final date for payment unless effective notice to withhold the payment has been specifying.
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- (i) The amount of the payment made or proposed to be made and
- (ii) The basis upon which that account was calculated and
- (iii) The ground or grounds for withholding payment and if more than one, the amount attributable to each ground.
- 5. Completion
- The installer will use its best endeavours to effect completion of the installation by the agreed completion date but it cannot be held liable for any loss or damage resulting from delay or non-delivery due to causes beyond its control.
- 6. Liability for Loss or Damage
- (i) The installer does not know, and shall not be deemed ton know, the true value of the customers property or premises, and is not the insurer thereof.
- (ii) Apart from death or personal injury, the aggregate liability of the installer and its staff for any breach of contract, breach of statutory duty or negligence arising out of this contract, or presence at the customers premises shall be limited to £1million for any kind of loss or damage whatsoever. The customer shall notify the installer of any kind of claims within 30 days of the occurrence giving grounds for such a claims.
- (iii) Although the installation is design to the best of the installers skill and knowledge to reduce the risk of loss or damage or deter intruders (as the case maybe) the installer dose not represent or warrant that the installation may not be neutralised, circumvented or otherwise rendered ineffective by the customer, intruders or other unauthorised persons, and in such event it shall not be liable for direct loss or damage suffered by the customer, intruders or other unauthorised persons.
- (iv) In view of the previous sub-paragraphs (i) to (ii) inclusive, the customer acknowledges that he/she or it should effect separate insurance cover.
- Guarantees
- For one year the date of handover the installer shall carry out replacement or repairs of parts and rectification of faults free of charge (including call out) and to the applicable standards except for any such things made necessary by wilful or negligent act of any person (other than the installer, its employees, and agents), or by some other cause or peril beyond the installers control.
- 7. Ownership
- Until full payment is received as to referred to in section 4 above, every part of the installation and associated equipment shall remain the property of the installer an the customer irrevocably grants licence in the event of his/her or its default, to enter upon hi/her or its premises to recover the same whether fixed or unfixed provide the installer shall first obtain an order from a Court of Law permitting entry into the customers premises. Until recovery of the installers property, the customer shall take reasonable care of same and shall pay the installers reasonable costs of replacing or repairing the same.
- 8. Installer´s Obligations
- (i) In consideration of the Quotation Price specified and paid or to be paid by the customer, the installer undertakes to install the installation in accordance with the Applicable Standards adopted by the approvals or regulatory organisation by which the installer is for the time being recognised, to the best of its ability and that such equipment used in the installation shall be fit for purpose intended.
- (ii) In consideration of the Maintenance Contract Price specified and paid or to be paid for by the customer within 21 days of the date due and annually thereafter in advance of the anniversary of that date to the installer, the installer will, for the duration of the Maintenance Contract Period specified, carry out maintenance inspections of the customers installation together with other services where applicable as specified in para. 9(i) below.
- (iii) This combined quotation/sale and maintenance contract document relates only to the installation described in the system design specification which is the subject of that document, and the maintenance provisions shall only apply if agreed between customer and installer.
- (iv) When the contract document provides for maintenance service, the installer agrees, subject to reasonable access to the site and installation being available, periodically to inspect, test and adjust the installation and to carry out all necessary maintenance thereto on the number of visits set out in the Maintenance Contract document in accordance with the Applicable Standards during normal weekday working hours (except where otherwise stated), viz Monday to Friday 0900 to 1730 upon giving reasonable notice to the customer of any visit for this purpose. Additional services such as various monitoring services and keyholding shall also be supplied on a 24-hour basis if included within the Maintenance Contract Price and accepted by the customer.
- 9. Customers Obligations
- (i) The customer agrees to pay in addition to the Quotation price and the Maintenance Contract Price (if any) for the cost of any works from time to time required to upgrade the installation to a state which complies with relevant Applicable Standards.
- (ii) To pay for all necessary repairs and replacements to the installation unless these are covered up guarantees or extended guarantees of the Maintenance Contract or where they are necessary due to the neglect of the installer, its employees and or agents.
- (iii) Where the installation has been installed so as to be linked with any Authority or monitoring service and where it has operated so as to register with such Authority or monitoring service then the customer or his agent shall immediately being aware of the event the installer.
- (iv) Not to permit anyone (including the customer them self) other than the installer to test, adjust or reset or interfere with the installation or any part thereof. In the event of a breach of this provision the installer shall be entitled to terminate the Maintenance Contract forthwith upon its discovery.
- (v) To permit the installers staff and agents (and inspectors representing any approvals regulatory organisation by which the installer is for the time being recognised) from time to time to have access to the customer´s premises at a reasonable time.
- (vi) Not to charge, pledge or otherwise deal with any installer´s equipment or installation which has not already been sold to the customer nor with possession of the same or remove or permit it to be removed from the customer´s premises.
- (vii) To notify the installer of any proposed structural alteration to the premises or any other modification which may affect the existing installation or system to which it may be linked. Any extension to or alteration of thr installation which may thereby become necessary shall be carried out by the installer at the additional expense of the customer.
- (viii) To notify the installer as soon as practical (and preferably at once) after the appearance of any defect in the installation and to permit the installer to take such steps as it thinks fit to remedy such a defect.
- (ix) To ensure that the external alarm bell does not cause a nuisance as defined by current noise pollution legislation from time to time. Arrangements must include an automatic device, limiting bell noise to 20 minutes and for two keyholders to be available within this time (current legislation includes London Local Authorities Act 1991, Environmental Protection Act 1990, Control of Pollution Act 1974 Scotland, Noise and Statutory Nuisance Act 1993).
- (x) The customer is to obtain and pay for the telephone line or other telephone company apparatus required for monitoring or remote signalling (if any) as well as other necessary facilities, consents, permits, licences, wayleaves or approvals required for installing the system. However the installer will assist by putting the telephone company in touch with customer for provision of the requisite type of service.
- (xi) To register with the "Information Commissioners Office" (ICO) if the installation system is utilised for the processing of sensitive personal information as defined in the Data Protection Act. If the installed security system includes CCTV and images of individuals are routinely captured, it is up to the customer to determine whether the ICO Code of Practice for CCTV should also be adhered to. (The ICO can be contacted on 01625 545745).
- 10. Termination of Maintenance Contract
- (i) Either party may terminate the Maintenance Contract (if applicable) by not less than two months notice in writing to that effect to expire upon the day before any anniversary of such Maintenance Contract.
- (ii) Either party may terminate the Maintenance Contract after the Maintenance Contract Period by serving a notice in writing on the other party of not less than two months.
- (iii) In the event of such termination the customer shall forthwith return to the installer any part of the installation and any other equipment which is rented by the customer from the installer. The customer shall therefore be responsible for making his, her or its own arrangements in regard to any monitoring or other continuing services which may be required, it being a condition that monitoring services will only be provided by the installer or his agent when a current Maintenance Contract exists between the installer and the customer.
- (iv) Even though the Contract may be terminated the installer and his, her or its agents shall have the right upon reasonable notice to enter the customer´s premises (subject to obtaining prior approval from a Court of Law) to remove any equipment belonging to the installer and subject to reasonable disturbance only shall not be liable for any loss or damage occasioned thereby.
- 11. Force Majeure
- Any failure by the installer to perform any of its obligations by reason of any cause beyond the control of the installer shall be deemed not to be a breach of this contract.
- 12. Right to Refer Disputes to Adjudication in Contracts which are subject to the Housing Grants, Construction and Regeneration Act 1996.
- If this contract is a contract to which the Housing Grants, Construction and Regeneration Act 1996 applies then:-
- 12.1 If any dispute or difference arises out of or in connection with this contract, any party (´the referring party´) may by notice given to every other party to the agreement at any time refer the said dispute or difference to adjudication to be conducted in accordance with the Adjudication Provisions of the Scheme for Construction Contracts prescribed under the Housing Grants, Construction and Regenerations Act 1996.
- 12.2 The said adjudication shall be conducted by an adjudicator appointed by agreement with the parties or in default of agreement, the referring party shall request the Centre of Dispute Resolution being a nominated body under clause 2.1 b of the said Scheme for these purposes to select a person to act as adjudicator.
- 13. Mediation
- Subject always to the right of any party at any time in a contract to which the Housing Grants, Construction and Regeneration Act 1996 applies, to refer a dispute or difference arising out of or in connection with this agreement to adjudication as above, either party may request by notice in writing, with record of posting, that the dispute be referred to mediation by a person agreed between the parties. Should the parties agree to mediation but fail to agree upon the person to mediate within seven days of such a request being made, then either party may apply to NSI for the appointment of a Mediator and such mediation will be conducted in accordance with guidelines for mediation published by the Academy of Experts.
- (Note: Meditation does not result in a resolution being imposed or enforceable upon any party. It aims to assist the parties in reaching a mutually agreed resolution of their dispute or differences).
- 14. Applicable Law and Category of Jurisdiction
- This contract subject to the Laws of United Kingdom and the parties shall submit to the jurisdiction of the Courts thereof.
What we do
We offer a comprehensive range of services for both commercial and residential premises:
Home Services:- Intruder Systems
- CCTV Systems
- Access Control Systems
- Physical Protection
- Intruder systems
- CCTV Systems
- Remote Monitoring
- Access Control Systems
- Smoke Screen Systems
- Physical Protection
- Maintenance & Callout