a. You must do the following
1. Pay us our changes shown in the schedule when they are due.
2. Allow us to enter the site (or any other where our equipment is kept) to carry out maintenance or inspect its condition, at all reasonable times.
3. Protect our equipment from unsuitable operating conditions (including freezing temperatures and if kept outdoors, unfavourable weather) while it is on your site.
4. Take full responsibly for looking after our equipment and if it is lost or damaged while in your possession pay for a replacement at our list price at the time the loss or damage reported to us. Our terms and conditions of sale will apply to any replacement equipment we provide, except that you will not own our equipment and you must continue to pay the yearly rental for it until the contract ends. We may sell some or all of our equipment to you when the contract ends if you ask us.
5. Tell us immediately if our equipment has been used, damaged or loses pressure.
6. Give us at least 21 days’ notice in writing before you move your business from site.
7. Let us collect our equipment from your site (or any other place where our equipment is kept) when the contract ends. Our equipment includes any replacement equipment supplied to you under clauses 3 & 4.
8. You must keep our equipment for at least one month after the contract has ended unless we collect before then.
b. You must not do the following
1. Move our equipment (or allow it to be moved) off your site without our permission.
2. Sell, transfer, sublet or abandon our equipment, or give someone else a legal right over it.
3. Use our equipment as security for a loan.
4. Try to repair our equipment or take it apart or let anyone other than our representative do so.
MAINTENANCE & RENTAL CONTRACT
In this contract the words shown in bold type below have the meanings shown next to them.
Abortive visit charge – our charge for a wasted visit to your site because you do not let us carry out the services. This Charge is £45.00 plus VAT
Certificate of inspection – a certificate showing the equipment we have worked on (whether as part of maintenance, extra maintenance or a fire call) and refills, parts or equipment we have supplied.
Contract date – the date we sign the contract.
Quotation – our written statement which includes details of our charges and other contract terms.
Services – maintenance (including extra maintenance), monitoring and fire safety services.
Site – the address shown in the schedule, where you keep your equipment.
System or Systems – the systems shown in the schedule.
2. Contract period
a. This contract starts on the contract date. It cannot end until the last day of the
minimum term (or any later date) when you or we can end it by giving the other at least
three months’ notice in writing. That notice must end before the contract will end.
b. The minimum term of your contract is shown in the schedule.
c. If you have asked us to come to your site but you do not have a contract for
maintenance then conditions 2a, 2b, 9 and 10 will not apply to the work you ask us to do
and any goods we supply in response to your fire call.
3. Our obligations to carry out the services
a. Maintenance and extra maintenance. We will carry out maintenance and extra
maintenance during normal working hours to the current British Standard or the EU
equivalent (if it applies), starting on the date of our first visit shown in the schedule. For
fire extinguishers, fire blankets, and hose reels only: – unless you tell us not to include it
for maintenance purposes, we will carry out maintenance and extra maintenance on all
these items we find at your site. Each year we will carry out maintenance the number of
times shown in the schedule. After each scheduled maintenance visit or fire call we will
leave a certificate of inspection to show that we have left the equipment we have
inspected or tested in proper working condition or else we will tell you if any of your
equipment is faulty and cannot be put into satisfactory condition under condition 7. If
we do not:-
1. maintain your equipment to the current British Standard or the EU equivalent (if any); or
2. carry out maintenance within 30 days either side of the month of our first scheduled visit
shown in the schedule; or
3. Carry out future maintenance within 30 days either side of the scheduled month or months of
maintenance; then condition 3b shall apply.
b. If we do not maintain your equipment properly or at all under 3a1 you must let us carry
out this work again (or the first time) and if that work does meet current British
Standards or the EU equivalent (if it applies), you can give us written notice to end this
contract unless condition 3d applies. If we do not maintain your equipment at the
agreed times under 3a2 or 3a3, you must tell us so we can carry out maintenance. We
will make sure that we carry out maintenance within 10 days of the date we receive your
written notice asking for maintenance (or on a later date you ask for) but if we do not
meet that date you can give us written notice to end this contract unless condition 3d
c. Fire safety services. We will carry out the fire safety services in accordance with all
relevant laws, standards and regulations.
d. If you are at fault under this contract or we were prevented from carrying out the
services because of an event beyond our reasonable control, we shall not have broken
our obligations to you.
e. We will carry out extra maintenance when we are at your site in response to a fire call or on a Scheduled maintenance visit.
4. Your obligations
a. You must give us access to your site at all reasonable times so we can carry out our work under this contract. We will tell you if we need ladders, scaffolding or other access equipment to carry out the services. Yon must supply such access equipment to us at no charge, and make sure it is safe to use and meets current safety regulations.
b. You must tell us about any changes which affect or may affect your equipment at the site. For example, tell us if you extend your site or change the building fabric, its internal layout or the layout of your systems.
5. Paying for the services and changes to our charges
a. You must pay our charges for all other services (not training) we do under this contract and, if it applies, our abortive visit charge, within 30 days of the date of our invoice. Send your payment to our address shown on the invoice.
b. Maintenance and extra maintenance. You must pay our charges that apply on the date we carry out maintenance and extra maintenance.
c. Fire call. Our charges will be at least the basic rate fire call charge. You must pay us the basic rate Fire call charge if we come to your site during normal working hours and our premium rate Fire call charge if we come to your site outside normal working hours.
6. Interest on overdue charges
If you do not pay our charges in full on or before the due date under condition 5a then starting on the next day, we will charge interest on the overdue amount at £7.00 per month or 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Acts 1998.
7. Equipment which cannot be serviced
If our representative reports that any of your equipment is faulty and cannot be put into satisfactory condition as part of maintenance or extra maintenance, we will tell you on the certificate of inspection and give you a quotation for replacing it. Equipment that we state is faulty on the acceptance certificate or on the certificate of inspection will not be covered by maintenance and we may end this contract (by giving you notice in writing) if you do not accept our quotation and let us carry out the necessary work.
Please note: You may be breaking fire regulations for your site if we have marked any equipment as faulty on the acceptance certificate or on the certificate of inspection or (fire extinguishers only) marked these items as ‘unfit for service’, ‘condemned’ or ‘not maintained’. You must check this out.
8. Cancelling fire safety services
You can cancel the appointment you made for us to carry out fire safety services by sending us more than 3 months written notice but if you cancel without giving us enough notice then you must pay our charges for the cancelled fire safety services as shown in the table below. If you cancel less than 3 months before the date we agreed you will also have to pay an administration charge of £45 or £5.00. See Below
|Number of weeks’ notice before appointment cancelled||% charge you must pay|
|More 3 months||None|
|1 week up to and including 3 Months||100% Plus £35.00 Admin Charge|
|1 week or less||100% Plus £45.00 Admin Charge|
9. Suspending or ending this contract
a. We can withdraw our services or end this contract immediately by giving you at least 7 days’ written notice but if you do not meet any of your obligations in this contract or you have given us incorrect information.
b. We can withdraw our services and end this contract immediately if you become insolvent, bankrupt, or have a winding up order made against you, make any arrangement to pay off your creditors or have a legal order carried out against your property.
c. We can end this contract immediately by sending you written notice, if condition 7 above applies.
d. You can end his contract immediately, by sending us written notice, as explained in condition 3b.
e. We or you can end this contract after the minimum term by giving the other written notice under condition 2.
10. Consequences of ending this contract
a. If you end this contract without giving us enough notice under condition 2, or if we end this contract for a reason set out in 9a or 9b, you must pay us charges for the work we have done or for equipment, spares or refills supplied under this contract. You must also pay us the amounts shown in conditions 10b1 or 10b2 (whichever applies) to compensate us for our loss. The amounts in conditions 10b1 and 10b2 are not a fine but they will not apply if you have ended the contract because we are at fault under condition 3b.
b. If under condition 9a or 9b, we or you end this contract ahead of time, that is, before the agreed date for carrying out the services; or the last day of the minimum term, or after the last day of the minimum term but you have not given us enough notice under condition 2 and our next maintenance visit is due before the contract will end, you must pay us as follows:-
1. For maintenance only, our charges that apply on the date the contract ends for carrying out maintenance at your site (excluding the price of spares, replacing your equipment and refilling your equipment); or (if it applies and if more) the minimum charge you would have had to pay us, Plus Admin Charge Of £45.00 or £35.00
2. For fire safety services only, the percentage of our charges shown in the table below.
|Number of months’ notice before next visit||Percentage charge you must pay|
|Three months or more||None|
|Between two months and three months||100%|
|Between one month and two months||100% Plus £35.00 Admin Charge|
|Less than one month||100% Plus £45.00 Admin Charge|
11. Limits of liability
We do not know the value of the contents at your site but you do (or should) know their value. Since the loss; or damage you might suffer will probably be more than the amounts we can reasonably charge you, and because we are giving you the chance to discuss and agree different amounts from those set out in the following paragraphs of this condition 11, we will limit our liability.
Because of this we recommend the following:-
You should insure against all loss which you could suffer as a result of your systems or equipment not working, or if we do not respond to any signal we receive from your systems at the communications centre.
You should use, maintain and store your equipment according to the instructions on it or supplied with it. You can ask us not to enforce the following paragraphs of this condition 11, but we will only do this if we can make a suitable change to the charges in this contract.
a. We will not provide any guarantees or warranties relating to the quality of materials, parts or workmanship, or whether the materials or parts are fit for their particular purpose, unless you are dealing with us as a private individual (not a business) or we have agreed to meet any quality standards in this contract. If you are a private individual then you have legal rights and we agree to keep to them.
b. We will not be liable for loss of profit or for any indirect loss or damage such as, loss of data, contracts or business interruption, you may suffer.
c. If you have any claim against us under this contract you must give us written notice as soon as is reasonably possible. However, if your claim is based only on the quality of the services we have provided, you must give us written details of your complaint within one month of the date we carried out the work.
12. 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 to 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 the other. If this happens, you will only have to pay our charges for work we have carried out under the contract.
a. We will supply the services under these conditions. Any terms and conditions you specify (whether or not they are contained in your purchase order) will not apply to this contract unless we have agreed in writing to accept them.
b. You cannot transfer your rights or obligations under this contract without our written permission.
c. The Contracts (Rights of Third Parties) Act 1999 does not apply to this contract. This means that no one except you or us can take action to enforce its terms but this does not affect the rights that any third party might have apart from that Act.
d. If we decide not to enforce any of the terms and conditions of this contract or we delay in doing so, that will not prevent us from enforcing that or any other term or condition at a later date.
e. This contract cannot be changed unless you and we agree to the change in writing.
f. The documents that make up this contract are shown in its definition. However, if you want to rely on something which you and we have not agreed under condition 13e, but which you can reasonably assume from the facts, you must give us written details.
g. If we decide to use a scanned copy of this contract in any court action instead of the original then you agree that the scanned contract may be treated as if it were the original, and unless you can show that its validity is in serious doubt, we will not have to prove the scanned contract is genuine.
h. All notices given under this contract will be treated as delivered if they are properly addressed and sent by post to, in our case, our address shown in the contract and, in your case, your postal address. You will find our address in the schedule.
i. Whoever signs this contract on your behalf confirms that he/she has your authority to sign it. If you have not given authority to the person named in the schedule and you do not approve this contract afterwards, we may suffer a loss. Under these circumstance, the person signing the contract agrees to fully compensate us for any losses and expenses we suffer from not being able to enforce this contract against you.
j. The contract will be governed by English law and an English court will deal with any dispute under it.
k. Any Internal Administration time and cost or outside agency fees incurred in recovering overdue amounts associated against this invoice will be added to the invoice total.
l. Retention of Title. All goods remain the property of Fire services and Supplies Ltd until paid in full.
m. Full and unobstructed access to your company premises will be allowed to recover Fire Services and Supplies Ltd equipment and Goods if the Invoice is not paid in full.
n. Any Complaints relating to any invoice must be notified by the customer to the company in writing within 14 days of the date of invoice.