Terms and conditions of service
In this contract, the words shown in bold type below have the meanings shown next to them.
BT- British Telecom
Certificate of inspection- a certificate, showing the equipment we have worked on (whether as part of maintenance, extra maintenance or a fire call) and any goods we have supplied.
Chosen key holder – the person, who you want to be contacted when the communications center receives an alarm signal. Communications center – the
place where alarm signals from your system are sent for monitoring.
Communications link – the firecare communications system operated by BT for sending signals between your system and the communications center.
Connection date – the date we connect your system to the communications center.
Contract- the contract under which we supply the services. The contract is made up of the quotation (if any), the schedule, these terms and conditions and any document we provide relating to the services.
Contract date -the date we sign the contract.
Equipment- the system and equipment shown in the schedule.
Extra maintenance- any work we need to do to bring your equipment up to the current British standard (or the EU equivalent) and which does not form part of maintenance.
Fire Authority -the fire authority shown in the schedule.
Fire call out – an unscheduled maintenance visit you ask for fire detection systems only: our basic rate or premium rate charge for coming to your site on a fire call out.
Maintenance- inspecting and testing your equipment and, if necessary, replacing parts or equipment and refilling your equipment.
Minimum Charge – for fire extinguisher, fire blankets and hose reels only: the minimum amount you must pay us for coming to your site on a fire call out or tor a scheduled maintenance visit.
Minimum term – the minimum number of years, as shown in the schedule, the contract must be in force, starting on the contract date.
Monitoring – Checking alarm signals we receive from your system.
Normal working hours- 08:30am to 5pm Monday to Friday except public and bank holidays in the country where your site is located.
Quotation – our written statement which includes details of our charges and other contract terms.
Services – maintenance (including extra maintenance) monitoring and other services such as carrying out risk assessments, audits and training.
Site – the address shown in the schedule, where you keep your equipment.
Systems- the systems shown in the schedule.
2. Contract Period
1. This contract starts on the contract date. Unless condition 8 applies, 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 one month notice in writing. That notice must end
before the contract will end.
2. The term of your contract is shown in the schedule.
3 If you have asked us to come to your site but you do not have a contract for maintenance then conditions 2.1, 2.2, 7 and 8 will not apply to the work you ask us to do and any goods we supply in response to your fire call out. Also conditions 3.1.2
and 3.1.3 (and references to those conditions in condition 3.2) will not apply.
3. Our obligation to carry out the services
1. 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, 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 fire extinguishers we find at your site. Each year we will carry out maintenance
the number of times shown on the schedule.
After each scheduled maintenance visit or fire call out we will leave a certificate of inspection to show that we have left the equipment we have inspected or tested in a 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 6. If we do not ·
1. maintain your equipment to the current British standard or the EU equivalent; or
2. carry out maintenance within 30 days either side of the month of our first scheduled visit shown on the schedule; or
3. carry out future maintenance within 30 days either side of the scheduled month or months of maintenance; then conditions 3.2 shall
2. If we do not maintain your equipment properly or at all under 3.1.1 you must let us carry out this work again (or the first lime) and if that work does not meet current British standards or the EU equivalent, you can give us written notice to end this
contract unless condition 3.6 applies. If we do not maintain your equipment at the agreed times under 3.1.2 or 3.1 .3 you must tell us so we can carry out maintenance. We will make sure that we will carry out maintenance within ten 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 3.6 applies.
3. 'Cover' we provide this type of maintenance as standard tor all equipment. Our charges do not cover the cost of replacing worn or faulty parts or refilling your equipment. We will charge you for these items at the price which apply on the date we carry out
maintenance. If it applies you will have to pay our labour charges.
'Cover plus' We provide this type of maintenance tor fire extinguishers only. Our charges cover the cost of replacing worn or faulty parts or refilling your equipment (unless any replacements or refills are needed because your equipment has
been neglected, tampered with or misused).
4. Monitoring. We will continuously monitor signals that we receive from your system at the communications center. Monitoring will start on the connection date. If we receive a signal at the communications center from your system (which
includes any tine fault signals) we will tell you (or your chosen key holder) of the type of signal received. We will also tell the fire authority, if applicable. However we will not have to tell the fire authority if it has not authorised us to send alarm signals from your site
direct from the communications center to the lire authority control room or it has withdrawn its authorisation for any reason.
5. Other services. We will carry out all services not mentioned in conditions 3.1 and 3.4 above properly and in accordance with all relevant laws and regulations.
6. If you are at fault under this contract or we are prevented from carrying out the services because of an event beyond our reasonable control, we shall not have broken our obligation to you.
7. We will carry out extra maintenance when we are at your site in response to a fire call out or on a scheduled maintenance visit.
4. Your Obligation.
1. 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. You must supply such access
equipment to us at no charge, and make sure it is safe to use and meets current safety regulations.
2. You must tell us about any changes which affect or may affect your equipment at the site. For example, extensions to your site or changes to the building fabric, internal or to the layout of your systems.
You must fill in and return to us our key holder information form at our regional office address shown in the contract above the schedule. If any of the information changes or we ask for extra information you must give is details in writing.
If your lire detection system is connected to the communications center it must be installed, maintained and used with the current British standard.
If the fire authority ask you to complete their indemnity form in respect of false alarm signals (or unwanted alarm signals), you must fill it in and return it to the fire authority and pay their charges resulting from such false or unwanted signals
You must indemnify us if the fire authority enter your site as a result of a genuine, false or unwanted fire alarm signal.
5. Paying for the service and changes to our charges.
1. You must pay our charges for the services we do under this contract within 30 days of the date of our invoice. Send your payment to our office at the address shown on the invoice.
2. Maintenance. Our charges will be at least the minimum charge and, if the type of maintenance we provide is "cover", you will also have to pay for replacement equipment, part or re-fills we supply.
3. Extra maintenance. Our charges will be at least the minimum charge and you will have to pay for replacement equipment, parts or refills we supply. If it applies you will also have to pay our labour charges.
4. Fire call. Our charges will be at least a fire call charge. We will charge 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.
1. You must pay BT any charges for installing:-
A new telephone line; or
A block terminal (it an existing telephone line can be used lot monitoring); and
All line and call charges for monitoring.
2. You must pay our charges:-
For connecting your system to the communications link
For any work we have to do on your system to meet any new conditions set by BT or the fire authority.
For resetting your system if it has not been used properly.
That are equal to the amount we have to pay the fire authority if the charge is to do with monitoring your systems. However you will not have to pay these charges if we have been negligent, or we have not carried out our obligations to you under this contract.
6. Once a contact has been in force for a year from the contract date we may change our charges for maintenance at any time.
6. Equipment that cannot be serviced
If our representative reports that any of your equipment is faulty and cannot be put into satisfactory condition as part of our 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 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 the quotation and let us carry out the necessary work. For fire extinguishers only, we may mark that equipment
unfit for service, "condemned" or "not maintained".
Please note:- if any equipment is marked as faulty on the certificate of inspection or marked as "unfit for service”, “condemned" or “not maintained", you may be breaking fire regulations for your site. You must check this out.
7_ Suspending or ending this contract
1. We can withdraw our services or end this contract immediately by giving you at least seven days written not1ce, if you: Do not meet any of your
obligations in this contract; or
Have given us incorrect information; or
Become insolvent, bankrupt, (in Scotland become “notour bankrupt"), and 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.
2. We can end this contract immediately, by sending you written notice if condition 6 applies.
3. You can end this contract immediately by sending us written notice, as explained in condition 3.2.
4. We or you can end this contract after the minimum term giving the other written notice under condition 2.
8. Consequences of ending this contract.
1. 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 7.1 you must pay us the amount shown, in condition 8.2 or 8.3 (whichever applies) to compensate us for our loss. These
payments are not a fine. However, this condition does not apply if you have ended the contract because we are at fault under condition 3.2.
2. If under condition 8.1, we or you end this contract before the last day of the minimum term, you must pay us as follows:-
Our yearly charges that we have not invoiced for maintenance or monitoring, which ever applies or, if more, the minimum charge that you would have paid us 11 the contract had ended on the last day of the minimum term, discounted by fifty percent, as well as any charges
that you owe us for the work we have done under this contract;
The percentage of our yearly charges for all services not mentioned in condition 8.2.1 above that you would have paid us if the contract had ended on the last day of the minimum term, as shown below.
Number of Months before next visit Charge you must pay
Three months or more None
Between two and three months 25%v
Between one month and two months 50%
Less than one month 75%
If under condition 8.1 you or us end this contract after the last day of the minimum term, and the notice you must give us under condition 2 has not ended before the next scheduled visit you must pay us:
our charges discounted by 50%; or
if more, the minimum charge that you would have paid us if we had carried out the services, discounted by 50% ; and
any charges that you owe us for the work we have done under this contract.
9. 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 more that 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 9, we will limit our liability to those amounts (unless we agree in writing to change those limits). Because of this we recommend the following:- You should insure against all loss which you could suffer as a result of you systems or equipment not working, or if we do
not respond to any signal we receive from systems at the communications centre.You should use, maintain and store your equipment according to the instructions on it or supplied with it. We will not be responsible for any consequences of you failing to follow these instructions. You can ask us not to enforce the
following paragraphs of this condition 9, but we will only do this if we can make a suitable change to the charges in this contract.
1. We accept liability for:
Personal injury or death which is caused by our negligence or breaking our legal duties while working at the site in the course of our work; and
Supplying any spare parts or replacement equipment which we do not own; and
Loss or damage to property if the loss or damage is caused by our negligence while working at the site and the amount we will pay for such claims is limited to £500,000 in total for any one claim or series of claims arising from one event
2. 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 relevant 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
3. We will not be liable for any indirect loss or damage, or for any financial loss (such as loss of profits or business) you may suffer unless you can cl aim for this type of loss or damage under 9.1.1 or 9.t.2 above.
4. 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 complaints within one month of the date we carried out
5. If we are liable for any claim you make under this contract, then unless you can claim more under 9.1, 9.2, 9.3 or 9.4, we will not pay more that £10,000 for each claim or £100,000 in total for all claims.
This condition 9 will continue to apply if you make any claim against us after the end of this contract.
10. Excusable events.
We will make every effort to keep 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 able to keep to our obligations after three months from the date
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.
1. 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.
2. You cannot transfer your rights or obligations under this contract without our written permission.
3. 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.
4. 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.
5. This contract cannot be changed unless you and we agree to change in writing.
6. The documents that make up this contract are shown in 1ts definition. However, if you want to rely on something which you and we have not agreed under condition 11.5, but you can reasonably assume from the facts, you must give us written details.
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 registered office address and, in your case, your postal address. You will find our address above the schedule.
8. Whoever signs this contract on your behalf confirms that they have your authority to sign it. If you have not given your authority to the person named in the schedule, and you do not approve this contract afterwards, we may suffer a loss. Under these circumstances, the person signing this contract
fully compensate us for any losses and expenses we suffer from not being able to enforce this contract against you
9. The contract will be governed by English taw and an English court will deal with any dispute under it.