TERMS & CONDITIONS
2) PRE SURVEY
3) SYSTEM DESIGN
5) COMPLETION & COMMISSIONING
6) LIABILITY FOR LOSS OR DAMAGE
7) INSTALLERS OBLIGATIONS
8) CUSTOMER OBLIGATIONS
9) TERMS OF MAINTENANCE AND OR MONITORING CONTRACT
10) FORSE MAJEURE
The “Quotation Price” is that price accepted by the Customer in Section E of the Contract and is not subject to revision except by agreement in writing of both parties
- Acceptance of the Quotation includes acceptance of the following terms and conditions 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 purposes of interpretation.
- Nothing in these Conditions will reduce your statutory rights relating to faulty goods or goods supplied not being of the standard described. For further information about your statutory rights you can contact your local authority Trading Standards Department or Citizens Advice Bureau.
2) Pre Installation Survey
Prior to installation, the project manager will complete a full site survey. At this point some of the equipment and locations may be altered in order to improve your system. This will not incur any additional cost to you.
3) System Design
(i) Customer Designed
he system has been designed in accordance with the Enquiry Spec No., where deviations are required those must be agreed in writing by the customer.
(ii) C.C.T.V. Company Designed
The system has been designed by The C.C.T.V. Company in accordance with, The C.C.T.V. Company Drawings No. / Issue No. attached to and forming part of the proposal, based on our site survey and discussion with the customer.
(iii) The CCTV Company supply systems on an outright sales basis
Where applicable The C.C.T.V. Company reserve the right to employ sub-
If hazardous materials are identified on the site, The C.C.T.V. Company reserve the right to cease work until such materials are removed or made safe.
The proposal is based on the understanding that all work will be carried out between 0830 and 1700 Monday to Friday excluding Public Holidays. Any alterations to these working hours will incur additional costs. The C.C.T.V. Company will endeavour to conceal cables where possible. Our proposal envisages that both the installation and commissioning activities will be undertaken as a single continuous operation.
Where cables are exposed to possible mechanical damage, vandalism or tampering, or are in public areas, they will be protected by suitable conduit, trunking or armour. Accept liability for damaged to these services or for consequential damages.
Our estimate assumes that the Company’s engineers will have free access to all relevant areas and are afforded continuous and uninterrupted working. Whilst the Company will make all reasonable efforts to work with other suppliers, servants, trades and the customer, any interruptions or delays by the forenamed may result in additional charges being made to the customer.
Should you consider making any alterations to the building structure or layout, or changing the definition of the actual risk, please contact us at the earliest opportunity. This offer relates to the installation described in the documentation, and can only be maintained if we are offered the opportunity to reappraise the design following any changes to the installation or risk.
Where our offer includes design responsibility we will undertake to attend any required consultation with interested parties. Our offer excludes obtaining any statutory or Local Authority approval or costs associated with additional requirements of such approvals.
We have not allowed for any change in the present rate of Value Added Tax or for costs arising from any statue, regulation or other instruments imposed by the government after the day of submission of this estimate. Neither does our estimate price include for any extra expenses incurred should the contact for be extended as a result of our being delayed or prevented from proceeding with the contract for any reason other than our own fault.
The customer shall provide a permanently live 230v AC 50 Hz mains supply via un-switched fused spur points to be located adjacent to all mains operated cameras, monitors, video recorders, video switchers, multiplexers etc. in positions requested by our installation department before installation commences. All cameras and equipment must be connected to the same earth and phase of the mains. Alternatively The C.C.T.V. Company can arrange this at additional cost.
All C.C.T.V. systems require a minimum level of lighting to operate satisfactorily. Unless specifically stated this specification does not allow for any changes to the existing lighting and additional lighting or other equipment required will incur additional cost.
You are asked to advise our engineers of the location of any concealed water, gas, electricity, telephone or other services, wiring or pipes, before work commences. In the absence of such advice we cannot accept liability for damaged to these services or for consequential damages.
The customer should arrange for the following services to be provided:
- Any builders work, cutting away, redecorating or making good.
- The removal of any stock, furniture or fixtures, which may hinder the execution of our works.
- Such electricity as may be required for the powering of tools, plant etc.
- Washing and toilet facilities.
- A reasonable level of lighting in all work areas.
- A safe means of access to, and within, all working areas.
- Networking if applicable, spare ports, IP Address etc.
- Provision for any concrete bases where necessary for towers or poles in accordance with our installation department specification, except where included in our costing.
The C.C.T.V. Company does not accept responsibility for any liability for the performance or reliability of equipment or wiring that has not been approved, supplied and/or installed by The C.C.T.V. Company or their appointed Electrical Contractor.
5) Completion & Commissioning
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.
At the commissioning and handover stage, our engineer will programme software for your system onto one designated machine. Further software programming onto multiple machines will be charged at the rate of £40.00 + VAT per machine, or subsequently this programming can be performed by you.
Commissioning will include testing the following aspects of the system:
- That all wiring is correctly terminated.
- That supply voltage to all appropriate parts of the system is correct.
- That type of camera and lens fitted at each position is correct.
- That operation of Auto Irises & Direct Drive Lenses under varying light levels is satisfactory.
- That setting of pan and/or tilt unit limits is correct.
- That any supplementary lighting is operating satisfactorily.
- At handover The C.C.T.V. Company will ensure all system documentation is correct.
6) Liability for Loss or Damage
- The Installer does not know, and shall not be deemed to know, the true value of the Customer’s property or premises, and is not the insurer thereof.
(ii) Although the Installation is designed to the best of the Installer’s skill and knowledge to reduce the risks of loss or damage or to deter intruders (as the case may be) the Installer does 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 or indirect loss or damage suffered by the Customer, intruders or other unauthorised persons.
(iii) In view of the previous sub-paragraphs (i) to (iii) inclusive, the Customer acknowledges that he, she or it should affect separate insurance cover.
Limitation of liability of the installer
The four basic circumstances for loss or injury envisaged are:
(iv) Damage or loss resulting from theft or break-in when the system does not operate due to the installer’s negligence – Liability Limited.
(v) Damage or loss resulting from installation – Liability Limited
(vi) Damage or loss resulting in theft or break-in when the system operates correctly or would have operated correctly but is circumvented or has not been set correctly by the customer – Liability Excluded
7) Installer’s Obligations
- 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 the purpose intended.
- In consideration of the Maintenance Contract Price specified and paid or to be paid by the Customer within 21 days of the date due and annually thereafter in advance on 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 Customer’s installation together with other services where applicable as specified in para. 9(iv) below.
- 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.
- 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), visits Monday to Friday 9.00 a.m. to 5.30 p.m., upon giving reasonable notice to the Customer of any visit for this purpose. Additional services such as various monitoring services and key-holding shall also be supplied on a 24-hour basis if included within the Maintenance contract Price and accepted by the Customer.
8) Customer Obligations
- 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 the relevant Applicable Standards.
- To pay for all necessary repairs and replacements to the Installation unless these are covered by 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.
- 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 after being aware of the event notify the Installer.
- Not to permit anyone (including the Customer himself) 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.
- To permit the Installer’s staff and agents (and Inspectors representing any approvals or 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 all reasonable times.
- Not to charge, pledge or otherwise deal with any of the Installer’s equipment or installation which has not already been sold to the Customer nor part with possession of the same or remove or permit it to be removed from the Customer’s premises.
- 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 the Installation which may thereby become necessary shall be carried out by the Installer at the additional expense of the Customer.
- 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.
- 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 key holders 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].
- 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, licenses, way-leaves or approvals required for installing the system. However the Installer will assist by putting the telephone company in touch with the Customer for provision of the requisite type of service.
9) Termination of Maintenance and or Monitoring Contract
The CCTV Company maintenance and or Monitoring Contract is for a 12 Month Period
Either party may terminate the maintenance contract after the maintenance contract period by servicing a notice in writing on the other party of not less than six months prior to renewal date.
In the event of such termination the Costumer 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 thereafter 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.
The CCTV Company maintenance is 2 maintenances per 12 months (1st Visit 3 months into installation 2nd Visit is 6 months after the first visit. 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 six months.
Maintenance call-out charges are: £75.00 for the first hour £55.00 for any full or part hour thereafter.
Non maintenance call-out charges are: £110.00 for the first hour £95.00 for any full or part hour thereafter.
10) 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.
Until full payment is received as referred to in Section 4 above, every part of the Installation and associated equipment shall remain the property of the Installer and the Customer irrevocably grants licence in the event of his, her or its default, to enter upon his, her or its premises to recover the same whether fixed or unfixed provided the Installer shall first obtain an Order from a Court of Law permitting entry into the Customer’s premises. Until recovery of the Installer’s property, the Customer shall take reasonable care of same and shall pay the Installer’s reasonable costs of replacing or repairing the same.
The CCTV Company complies with the laws of England & Wales (Northern Ireland)