Standard Terms & Conditions
“THE COMPANY” is Data Fire & Security LLP being the organisation responsible for the design (where applicable), installation, maintenance (where specified within our offer) and/or monitoring of the systems installations, which is the subject of this Contract, sometimes referred to as “our” or “we” in these Terms and Conditions.
“THE CUSTOMER” is the person or organisation being a signatory to this Contract, sometimes referred to as “client”, “you” or “your” in these Terms and Conditions.
“THE PREMISES” are the Premises set out in the Specification.
“THE INSTALLATION” is the installed system defined in the Specification and referred to in our Offer/Quotation.
“INSTALLATION STANDARD” is the standard to which the equipment is to be installed and/or maintained, together with any other formal requirements stipulated as a condition of the regulatory body by which the Company is approved.
“CONTRACT” means the Quotation, Specification, Maintenance (where specified within our offer) and Acceptance together with these Terms and Conditions.
“SPECIFICATION” means the design specification which defines the level of protection, surveillance or access afforded by the systems Installation. It is an integral part of this Contract.
“QUOTATION” means the proposed price for the equipment, its installation and/or maintenance (where specified within our offer) and monitoring as itemised in this Contract.
“ALARM RECEIVING CENTRE”, in consideration of a fire or intruder alarm installation, means a continuously manned remote centre to which alarm activations and/or video data are signalled and passed to the relevant response authority (eg police, fire brigade, keyholder).
“HANDOVER DATE” means the date on which the Installation is completed (notwithstanding that connection of any remote signalling is outstanding) and the Handover Completion Certificate has been signed.
“PREVENTATIVE MAINTENANCE” means the routine inspection of the Installation to verify that it continues to function in accordance with its Specification and to identify and rectify any items found faulty, worn or in need of scheduled replacement.
“CORRECTIVE MAINTENANCE” means the investigation and repair of faults reported by the Customer, including false alarms from intruder alarm systems.
1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.
1.2 We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you. We will take all reasonable care in selecting and instructing a Third Party Contractor.
1.3 Acceptance of this Contract, signified by the signature of each party, includes acceptance of these Terms and Conditions along with any other requirements defined in the Specification. For the purposes of interpretation, where the requirements of the Specification conflict with any clauses of these Terms and Conditions, the Specification requirements shall take precedence. All other terms and conditions not contained in or implied by the Contract are excluded. Nothing in these Terms and Conditions, either stated or implied, shall detract from the Customer’s statutory rights.
2.1 The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.
2.2 Unless stated otherwise, the costs quoted assume standard working hours between the hours of 08:00 hrs – 16:30 hrs Monday to Friday inclusive. Work required outside these hours may attract out of hours premium rates.
2.3 Any additional work not covered in our quoted costs will attract additional time charge rate of £XX.00 per hour plus materials cost and VAT.
2.4 All figures quoted are subject to VAT at the prevailing rate.
2.5 All figures quoted are valid for a date of XX days from the date of the estimate or quotation.
2.6 The quoted costs may be revised if:
a) you want the work carried out more urgently than agreed, or
b) you change the Specification, or
c) your Premises are in some way unsuitable for the equipment and this was not apparent from our original survey or there are circumstances about which we should have been made aware, or
d) there are any other special circumstances we were not aware of when supplying our original quotation.
3.1 The risk in all goods supplied shall pass to the Client upon delivery.
3.2 All goods supplied shall remain property of Data Fire & Security LLP until all sums due have been paid in full.
3.3 The client is responsible for ensuring that the property is insured for the duration of the installation work.
3.4 The Company has provided limited insurance cover for itself with indemnity for claims made against it in respect of accident, injury, loss or damage. Cover also extends to failure to perform and wrongful advice given unwittingly. A copy of the relevant insurance schedule is available to the Customer upon request.
3.5 Despite the design intent of the systems Installations, the Company does not represent or warrant that the installation may not be neutralised, circumvented or otherwise rendered ineffective by unauthorised persons and in such event the Company shall not be liable for any loss or damage suffered by the Customer or other unauthorised persons. The Company accepts no liability for claims falling outside the ambit of the indemnity and the Customer is advised to arrange sufficient insurance cover in respect of claims arising due to injury, loss or damage howsoever caused.
3.6 Like all electronic equipment, the system could fail in rare and exceptional circumstances and the Company cannot guarantee that it will be operational at any specific time or for any specific period. The Company will explain what regular tests can be performed to verify that detection equipment is operational between routine maintenance visits carried out by the Company.
3.7 The Company shall not be liable for the costs of any work, repairs or replacement of Equipment which results from fire, electrical power surge, storm, flood, accident, neglect, misuse or malicious damage.
4. Ownership of the Goods
4.1 You will only own the goods once they have been successfully delivered and when we have received cleared payment in full.
4.2 Goods supplied are not for resale.
5.1 For the avoidance of doubt, “Delivery” refers to the supply of goods and/or services to be undertaken by Data Fire & Security within the agreed timescale.
6.1 An invoice will be issued on completion of works. Payment terms are 14 calendar days from the date of issue unless specifically agreed beforehand in writing.
6.2 Larger projects/projects involving a separate first and second fix will require staged payments comprising a deposit, interim (generally on a monthly basis) payment(s) and final payment on completion of all works. If the completion of first/second fix is delayed by more than two weeks we have the right to invoice for works completed to that point and will pro-rata the invoice accordingly.
6.3 Payment is accepted by bank transfer or cheque. We do not accept cash.
6.4 In the event of any non-payment Data Fire & Security LLP reserve the right to withhold any certificates for work carried out until such payments are made.
6.5 We do not accept retention unless expressly agreed in writing within the contract.
6.6 Should Liquidated and Ascertained Damages be agreed within our contract, the limit of this will be capped at 1% of the contract value of Data Fire & Security LLP’s contract, to a maximum of 10%.
7.1 We warrant that as from the date of delivery for a period of 12 months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturers warranty only.
7.2 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
8. Right to Cancel
8.1 We will not permit you to cancel this Agreement for any reason whatsoever, save for Data Fire & Security LLP being in breach of contract, once this Agreement has been signed.
8.2 If you have received the goods before you cancel this Agreement for breach of contract (if applicable) then you must send the goods back to our contact address at your own cost and risk.
8.3 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
8.4 We reserve the right to cancel the Agreement between us if:
8.4.1 we have insufficient stock to deliver the goods you have ordered;
8.4.2 we do not deliver to your area; or
8.4.3 one or more of the goods you ordered was quoted at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
9.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.1 Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
10.2 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
10.3 Where we need to carry out work on your premises and/or install equipment, we will not accept liability for the cost of repairing or replacing parts of your existing system which occurs due to faults in your system unless we have been negligent in not realising that such damage may occur or in the way we did the work.
10.4 Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
10.5 At no stage are Data Fire & Security LLP responsible for consequential loss
10.6 At no stage are Data Fire & Security LLP responsible for any form of stress or mental anguish.
10.7 In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
11. Governing Law and Jurisdiction
11.1 Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
12. Entire Agreement
12.1 This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
13. Third Party Rights
13.1 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
14. Customer Services
14.1 To protect your own interests please read the conditions carefully before signing them. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone, at the address and telephone number set out above.
14.2 If you are unhappy with any aspect of our service, please contact us at the address and telephone number set out in our cover letter/quotation.
14.3 Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
15. Changes to Terms and Conditions of Business
15.1 We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.
16. System Design
16.1 The system has been designed (if applicable and expressed within our quotation) in accordance with the quote. Where deviations are required in order to comply with the appropriate standards these must be agreed in writing by the Customer and may incur additional cost.
16.2 Data Fire & Security LLP Designed (where applicable) – The system has been designed by Data Fire & Security LLP in accordance with the Data Fire & Security LLP Quote and forming part of the Proposal based on information provided by the Customer.
16.3 These drawings are for information purposes only and not meant to represent scale or imply any accuracy.
17. Power Supplies
17.1 The customer shall (where applicable) grant access to create a dedicated, segregated and fireproof permanently live 230v AC 50Hz mains supply with functional earth. The Power Supply will be fitted by the Client and at the Client’s cost, unless stated elsewhere, or if there is not access or availability of taking a permanent live from the current fuse board at the customer property(s) one will be installed at the customers cost.
18. Detection & Ancillary Equipment
18.1 The system will be configured with the types and numbers of Detection and Ancillary Equipment as specified in the quote and handover documentation.
18.2 Maintenance of the system, and any system applicable to this quotation, is not included within our quote. This can be provided at additional cost upon request.
19. Supply and Commission Only Systems Scope
19.1 The proposal provides for the supply and commissioning of the system(s)’ control equipment. All installation work will be carried out by others in accordance with the Manufacturer’s wiring and installation instructions, unless otherwise agreed.
19.2 Commissioning – Following completion of the electrical wiring, Data Fire & Security LLP Engineers will Commission, Test and Handover the System to the relevant parties.
19.3 Data Fire & Security LLP Engineers will require the following documentation to be completed by the Installer prior to carrying out the commissioning.
19.3.1 Full details of the initial proposed install
19.3.2 Any details of deviations
19.3.3 Cable Test Sheets
19.3.4 Installation Check Report(s)
19.3.5 “As fitted” System Layout Drawing(s)
19.3.6 System Schematic Diagram(s)
19.4 Full functional tests will then be carried out to the reasonable satisfaction of the user and in accordance with current industry practice. It will be the responsibility of the Client to appoint an installing contractor to ensure that all wiring is correctly marked and terminated and the “as fitted” drawings are correct and up to date, with any variations included at the time of our commissioning engineers visit.
19.5 Once satisfactory results have been obtained the conductors at the controller can be labelled and the bases and ancillaries fitted by the relevant contractor. Should the system be using addressable technology the relevant contractor will be expected to address the devices by the appropriate means as directed by Data Fire & Security LLP. At this point Data Fire & Security LLP may be contacted to carry out the final device commissioning.
19.6 The Contractor, when requesting commissioning, is to provide a competent relevant contractor who is familiar with the installed system to prove that the “as fitted” drawings and wiring is to the satisfaction of Data Fire & Security LLP.
19.7 Failure to provide any of the foregoing that incurs Data Fire & Security LLP with additional cost will result in Data Fire & Security LLP making a claim against the Client.
19.8 The request for commissioning assumes that the Client accepts these terms and conditions. Commissioning cannot be arranged unless this information is available.
19.9 The tracing and rectifying of wiring faults are not included in our commissioning service.
20. Installations by Data Fire & Security LLP
20.1.1 Where applicable Data Fire & Security LLP reserves the right to employ sub-contractors.
20.1.2 All electrical installation work will comply with BS7671: 2008 Amd 1 and any amendments in force at the time of the works.
20.1.3 All work where applicable, will be executed fully in compliance with applicable Building Regulations and BS7671 in force at the time of the work, particularly in respect of work in dwellings to allow the legal Part P obligations to be met. Where a Client requires deviation from such regulations, a written instruction and record will be required.
20.1.4 Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations. Any works found required to bring the necessary parts of the existing installation up to standard will be at additional cost.
20.1.5 Unless stated otherwise, all cables will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling will be neatly surface run, either clipping direct or housed in trunking / conduit.
20.1.6 Where carpet or flooring coverings may require lifting to allow concealed installation work, no charge is made for this service, with best endeavours being made to avoid damaging them and to refit them to an acceptable standard. However, consideration of employing a specialist fitter may be prudent, at your cost to effect a fully satisfactory reinstatement.
20.1.7 Where agreed before hand, chases to walls, etc will be re-filled to 2mm below plaster finish depth, however final finishing of skim coat plaster and final decoration is excluded.
20.1.8 All endeavours will be made to undertake installation work to a clean standard, using dustsheets and vacuum cleaning equipment as necessary.
20.1.9 A mutually agreed subcontract will outline the expected duration of the installation work.
20.1.10 Whilst undertaking the installation work at the property, the client is required to provide water and power free of charge
20.1.11 We will fit and install the items within a reasonable time.
20.1.12 If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
20.1.13 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out plus any and all loss & expense suffered by us.
20.1.14 If hazardous materials are identified on site Data Fire & Security LLP reserves the right to cease work until such materials are removed or made safe.
20.1.15 The proposal is based on the understanding that all work will be carried out during the Company’s normal working hours and does not include for overtime, weekend or Bank Holiday working. Any alterations to these working hours will incur additional costs.
20.1.16 Data Fire & Security LLP will endeavour to conceal cables where possible. However tucking may be required and no allowance has been made for concealing cables under floors, in false ceiling voids, or chasing walls. If required this work will be carried out at additional cost.
20.1.17 Our proposal envisages that both the installation and commissioning activities will be undertaken as a single continuous operation.
20.1.18 Following commissioning we will undertake audibility tests (where applicable) during which the sounders may be operated continuously. Should you require these tests to be carried out at a separate visit or out of normal working hours this may be arranged at additional cost.
20.1.19 Commissioning of the system will constitute Practical Completion. At this time, our engineer will present Certificate for signature by your representative and we will hand over the system.
20.1.20 You are advised to obtain the approval of your Insurance Company, and/or the Fire Brigade (for proposed Fire Alarm Systems where applicable).
20.1.21 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.
20.1.22 Should you consider making any alterations to the building, or changing the definition of the actual risk, please contact us at the earliest possible opportunity. The certification included in this offer relates to the installation described in the quote documentation, and can only be maintained if we are offered the opportunity to reappraise the design following any changes to the installation or risk.
20.1.23 Where our offer includes design responsibility we will undertake to attend any required consultation with interested parties.
20.1.24 Our offer excludes obtaining any Statutory or Local Authority approval or costs associated with any additional requirements of such approvals.
20.1.25 The prices included in this proposal are based on the cost of labour and materials ruling at the date hereof unless otherwise stated in this proposal.
20.1.26 Data Fire & Security LLP reserves the right to pass on any increase in material or labour costs incurred before completion unless otherwise stated in this proposal. We will advise you within two months of any such cost increases.
20.1.27 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 instrument 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 contract be extended as a result of our being delayed or prevented from proceeding with the contract for any reason other than our own fault.
20.1.28 Where necessary Data Fire & Security LLP reserve the right to supply and install alternative equipment to that detailed in the Proposal.
20.1.29 Any equipment forming part of the installation which is not sold to the Customer, such as signalling equipment or firmware, shall remain the property of the Company and will be maintained and/or replaced at the Company’s expense unless such failure was attributed and/or caused by others. Any equipment which remains the property of the Company shall be defined in the system Specification. We reserve the right to recover such equipment on termination of the maintenance contract.
20.2.1 Where delivery time of products for incorporation into the works cannot be accurately forecast, it may be necessary to make early supply arrangements in order not be delay the completion programme. If such products are then available before they are required on site, they will be placed in a Bonded Stores. In such cases, such products will be invoiced and a vesting certificate issued on receipt of settlement of invoice, indemnifying the client in case of theft, fire etc., and acknowledging the fact that we hold such products on the customer’s behalf.
20.3.1 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, Data Fire & Security LLP. Data Fire & Security LLP cannot accept liability for damages to these services or for consequential damages.
20.3.2 The customer should arrange for the following services to be provided:-
220.127.116.11 Any builders work, cutting away, redecorating or making good.
18.104.22.168 The services of a Carpet Fitter.
22.214.171.124 The removal of any stock, furniture/fixtures which may hinder the execution of works.
126.96.36.199 Such electricity as may be required for the powering of tools, plant etc.
188.8.131.52 Washing and toilet facilities.
184.108.40.206 A reasonable level of lighting in all working areas.
220.127.116.11 A safe means of access to, and within, all working areas.
18.104.22.168 Cutting away and making good of ductwork and installation of probe units as specified.
22.214.171.124 Provision of proper protective earthing for the electrical systems in hazardous areas.
126.96.36.199 The services of a ceiling tiler.
188.8.131.52 Lockable Material Store.
20.3.3 If any of the services above are not available, the Company engineers will exercise due care but Data Fire & Security LLP cannot accept responsibility for any damage caused which may also incur additional cost.
21. Existing Equipment
21.1 Data Fire & Security LLP does not accept responsibility or any liability for the performance or reliability of equipment or wiring that has not been approved, supplied and/or installed by Data Fire & Security LLP or their appointed Contractors.
21.2 Data Fire & Security LLP has not made provision within the proposed quote to remove previous fire protection systems or equipment and as such is outside scope of the quoted work. However Data Fire & Security LLP can conduct these services at additional cost.
22.1 British Standards, applicable at the time of our quotation, recommends that the equipment detailed in the Proposal should be fully maintained at all times. Maintenance is not included as standard within our quotation, however we can provide this service on request. Please contact Data Fire & Security LLP for details of Service & Maintenance Plans
22.2 Where maintenance is quoted by us and our quotation is accepted:
22.2.1 In return for payment of the maintenance charge, the Company will maintain the Installation in accordance with the installation standard and respond to your emergency calls for assistance. If your Equipment is installed to British Standards(or its successor) at the time of installation, our response to emergency calls will be within four hours of your request, or before the Equipment needs to be set, unless mutually agreed otherwise.
22.2.2 If we have to attend the Premises, or repair the Equipment between routine maintenance visits, we will make a charge at our usual rates unless the work is covered by Clause 7.1.
22.2.3 The annual maintenance charge does not include charges for replacement parts or batteries, which will be charged in addition to the annual charge.
22.2.4 Where applicable, if the installation is monitored by an Alarm Receiving Centre for direct response by emergency services (eg police or fire brigade), it shall be a condition of such monitoring that an annual contract for Routine Maintenance exists between the Customer and the Company. Routine maintenance visits shall be undertaken by the Company as defined in the Installation Standard or this Contract.
23.1 Either the Customer or the Company can terminate the Contract by giving not less than two months’ written notice. If you wish to terminate the Contract with less than two months’ notice, the Company reserves the right to charge the next year’s costs of any monitoring charges (if applicable) if these have already been paid in advance by the Company on your behalf.
23.2 The Company may terminate this Contract should the Customer breach any of its conditions or if the Customer is in arrears with any payments due for a period in excess of 30 days. This will not prejudice the Company’s right to reclaim the payment outstanding. In such circumstances, seven days notice of cessation of any remote monitoring will be given by the Company.
23.3 In the event that the maintenance contract is terminated, the Company shall be provided with access to recover any equipment and/or firmware which did not belong to the Customer but was rented from the Company.
23.4 The Company reserves the right to remove logos, nameplates, motifs or any other Company identity from the Equipment.
24. Force Majeure
24.1 Any failure by the Company to fulfil any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.