Service Terms and Conditions
1) All servicing and maintenance, design, installation and consultancy work carried out by RES Systems Limited (hereinafter called The Company) will be to current British Standards / Codes of Practice and specified in the written specification as accepted by the customer – the person and / or company named (hereinafter called The Customer).
2) The written specification (hereinafter called The Agreement) will be in the form of a quotation and / or emails which details the proposed services as requested by The Customer, to be provided by The Company and associated costs. All prices quoted are exclusive of Value Added Tax which will be charge at the current applicable rate.
3) Quotations are valid for 30 days from the date of issue, after which The Company reserve the right to amend the quotation accordingly.
4) Any variations or additions requested must be set down in writing (writing/written herein also means emails sent to firstname.lastname@example.org) and, if agreed to by The Company, may be subject to adjusted charges.
5) All prices and quotations, unless otherwise indicated, are based on work being carried out during normal office hours:
Monday – Friday (excluding bank holidays), 08.00 – 17.00hrs with unhindered access. Out of hours working including weekends will be agreed with The Customer prior to the work commencing and be charged at the appropriate rates agreed.
6) The Company will service and maintain the equipment specified in good working order and will schedule regular inspection visits and tests as per current regulations (British Standards) or as agreed with The Customer. Installations by The Company will include the replacement of any equipment still under manufactures warranty. Any faults with The Customers equipment will be reported by The Company, its servants or agents and will then await further instructions.
7) The Customer shall bear the cost of any labour or materials rendered necessary by act of a third person or other cause including, but not limited to damage by flood, fire, tempest, moisture or chemically composed paints and distemper.
8) The location of the equipment is agreed to be correct at the time of quotation. Should the premises layout be altered, at any time The Company must be informed immediately as this could greatly reduce the protection afforded to the property.
9) During the currency of The Agreement no access will be given by The Customer to the equipment other than to a representative of The Company.
10) The Customer shall not remove or alter the position of any apparatus/equipment from where it is installed, nor must The Customer pledge, assign or part with possession, of same in any fashion, but shall keep as installed by The Company.
11) All existing equipment specified to be re-connected into a new system will be re-connected on the understanding that it is in good working order and compliant with current Standards and Codes of Practice. Should we find existing equipment, its associated wiring or interface units faulty or non-compliant we reserve the right to make additional charges to bring that equipment, its associated wiring or interface units up to the required standards. Please note: Existing equipment re-connected into a new system will not be covered under the warranty unless specified.
12) Any change of name, business or trading title must be notified in writing to The Company within fourteen days.
13) The Agreement period is for an annual term and may only be terminated by giving written notice to The Company, verbal instruction cannot be accepted. The period of notice shall be no less than 90 days. If written notice is timed to end in conjunction with the minimum agreement period, all outstanding payments shall be settled then, and no penalty charges will be applied. If notice has not been received The Agreement will continue automatically and The Customer will be invoiced as per the original agreement subject to applicable inflationary increases and / or additional or reduced costs (should the level of service be amended) with prior agreement from The Customer.
14) The Company reserves the right to amend as necessary its rates annually.
15) All equipment supplied to The Customer remains the property of The Company, until all monies payable to The Company has been received in full by The Company.
16) As The Company is not an insurance company and cannot cover the insurance of the property protected, it is a condition of The Agreement that The Customer will insure and maintain insurance cover on the equipment installed until it is paid for in full.
17) The Company has no knowledge (other than the information provided by The Customer) of the nature and value of the premises or the premises in which equipment is to be installed or services provided and the attendant risks that may from time to time arise. The Company therefore limits its liability as follows:
I. The equipment is intended to reduce the risk of loss and /or damage. The Company does not represent or warrant that the equipment may not be circumvented, neutralised or otherwise rendered ineffective by intruders or other unauthorised persons and in such event, no liability shall attach to The Company in respect of any loss or damage sustained by The Customer howsoever caused.
II. The Company shall not be liable in respect of any loss or damage sustained by The Customer arising from breaking and entering, burglary, theft, riot or commotion, malicious damage or any unauthorised entry where the same is due to the failure of the equipment to function howsoever caused. Further The Company shall not be liable in respect of consequential or financial loss or damage howsoever caused.
III. If notwithstanding conditions I & II hereof, liability attaches to The Company in respect of the loss or damage howsoever caused and arising from breaking and entering, burglary, robbery, theft, riot or commotion, malicious damage or any unauthorised entry, that liability shall be limited to the total (excluding VAT) of the monies outstanding. The Customer agrees to indemnify The Company in respect of any such liability insured by it to third parties in excess of the said total amount.
IV. For the purpose of The Agreement and these terms and conditions the expression “howsoever caused” shall include negligence on the part of The Company, its servants or agents and the expression “loss or damage” shall include a liability to indemnify third parties. “Agreement period” means a period commencing on the date and continuing thereafter for the term on instruction received from The Customer or until earlier termination under the conditions hereof.
V. In the case of a consumer transaction these terms and conditions are not intended to prejudice any terms implied by statute as to the quality or fitness as to any particular purpose of any goods, and shall be of no effect in such a transaction in so far as inconsistent therewith.
18) The cost of any re-instatement or redecoration made necessary by installation, inspection, servicing and maintenance, testing, adjustment, alteration, removal or use of equipment shall be paid for by The Customer.
19) Installations shall be deemed to be completed when The Company is in a position to commission the installation by the connecting of the internal power source and/or the handing over of codes/keys, notwithstanding any work still outstanding by the telephone network company and/or The Customer and/or subcontractors or other persons and The Agreement shall subsist for the minimum period as stated overleaf and shall continue thereafter unless and until determined in accordance with Clause Thirteen.
20) The Company reserves the right to substitute other equipment at any time for equipment installed under The Agreement. The Agreement shall continue to apply to the installation after any such substitution.
21) Should at any time The Customer fail to pay to The Company any monies due under The Agreement within seven days after same shall have become due or commits any other breach of the conditions hereof The Company shall be entitled to determine The Agreement, by seven days’ notice in writing, and whether or not it elects to determine The Agreement, be entitled to refuse service and attendance until such payments are made or any breach remedied. Should The Company determine The Agreement under this clause the outstanding account plus the unexpired portion of the terms shall immediately become due and payable.
22) If payment is not made on the due date, The Company shall be entitled without limiting any other rights it may have to charge interest on the outstanding amount (both before and after judgement) at the rate of 8% above the base rate of Barclays Bank Plc from the due date until the outstanding amount is paid in full.
23) The conditions set out above are the entire Agreement between the parties and no other terms or conditions shall be implied or imported unless hereafter reduced into writing and signed by an authorised person of each of the parties to The Agreement. Should during the currency of The Agreement its terms be varied, the terms and conditions of The Agreement shall continue to apply mutatis mutandis (‘the necessary changes having been made’) as if such variations were incorporated in The Agreement.
24) Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principle place of business or such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
25) English Law shall apply to The Agreement and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.