Aksa Security LTD Terms and Conditions
AKSA SECURITY LTD
TERMS AND CONDITIONS
PART 1 DEFINITIONS
In this agreement the following expressions have the meanings given;
The agreement between AKSA SECURITY LTD and the subscriber contained in this contract.
AKSA SECURITY LTD.
The security system described in full in this contract.
PART 11 THE SUBSCRIBER
A) CONSENT AND ACCESS
Shall obtain and pay for all necessary consents, permits and approvals for the security system. The job has been costed on the understanding that the Aksa Security LTD Engineers will be able to carry out work, including the off-loading of equipment, without restriction between the hours of 9.00am and 5.30pm. Delays resulting from restricted access will be costed and maybe charged to subscriber.
Shall pay for the cost of all work required to be carried out to the security system and materials therefore due to damage whatever caused. The subscriber or their representative(s) have an obligation to advise the location of any concealed water, gas, electricity, telephone or other services which may interfere with a straightforward installation. Notwithstanding additional installation costs, should services be disrupted, the absence of such advice precludes AKSA SECURITY LTD from any liability whatsoever.
Shall notify the company immediately for any defect appearing in the security system and shall permit the company to take necessary steps to remedy the defect.
D) PAYMENT TERMS
Shall pay for any charges upon presentation of invoice. Full settlement is due upon system handover unless by prior written agreement. The company reserves the right to charge compound interest on late payments at the rate of4% above bank base rate per day.
E) STRUCTURAL CHANGES
Shall notify the company in writing of any proposed structural alteration to, or major movements in the contents of the premises covered by the security system, and shall pay for the cost of any alterations or extensions of the security system, which thereby become necessary.
F) EMERGENCY SERVICE
Shall pay for the charges as the company considers it reasonable to make for the cost of materials and labour incurred whenever the attendance of the company’s engineer is requested for any reason whatsoever, apart from maintenance visits. Service engineer call-outs are subject to the terms of Part 5 clause D.
The subscriber does not have the authority to move, alter or cause to be moved or altered by any other part of the security system unless with prior written consent from the company. The subscriber shall pay for any re-decoration made necessary by the installation, testing, adjustment, removal or relocation of any part of the security system.
Subscriber shall be solely responsible for insurance’s of protected property and security system. Such insurance in respect of the security system will be against all risks.
PART 111 THE COMPANY
Shall during the warranty period carry out any necessary repairs or replacements to the security system caused by inherent defect without charge unless itemised as an exception in this contract. Equipment is covered by warranty for 12 months from the date of system handover. However the warranty is subject to limitations as described in part V1 limitations of these terms and conditions. The Customer or his Agent shall not permit anyone other than the Installer to test, adjust or reset or interfere with the Installation or nay part thereof. In the event of breech of this provision, the Installer shall be entitled to terminate the warranty or maintenance contract forthwith upon its discovery.
PART 1V GENERAL
TERMS OF SALE
The ownership of materials delivered by the company shall only be transferred to the subscriber when the subscriber has met all that is owning to the company on whatever grounds. The risk of accidental deterioration, destruction or theft shall pass on delivery and the subscriber shall insure against such risk.
RIGHT OF ASSIGNMENT
The company shall be entitled to assign all of it’s rights under this agreement and to perform any of it’s obligations through subcontractors..
Neither the company nor any servant, agent or subcontractor of the company shall in any circumstances be liable for any loss or damage whatsoever whether direct or indirect and howsoever caused arising from or a result of any misrepresentation made by or on behalf of the subscriber to the company or any breach by the subscriber or express or implied terms of this agreement or any tort or negligence committed by the company, it’s servants, agents or subcontractors in the course of or in connection with the performance of the company of its obligation under this agreement or the operation, non operation or faulty operation of the security system.
(i) The installer does not know and shall not be deemed to know, the true value of the Customers property or premises, and is not the insurer thereof.
(ii) Apart from death or personal injury, the aggregate liability of the installer and its staff for any breach of contract, breach of statutory duty or negligence arising out of this contract, or presence at the Customers premises shall be limited to £1 Million for any kind of loss or damage whatsoever. The Customer shall notify the Installer of any claims within 30 days of the occurrence giving ground for such claims.
(iii) Although the installation is designed to the best of the Installers 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 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.
Security Systems that are linked to a Remote Monitoring Station or Alarm Receiving Centre shall be subject to the contractual terms and conditions of the Monitoring Station. AKSA SECURITY LTD are not responsible for the Monitoring Station fulfilling any of its contractual obligations and any such dispute is between the subscriber and Monitoring Station.
Any failure by the company to perform any of its obligations herein by reason of strikes, lock-outs, labour disputes, weather conditions, traffic congestion, mechanical breakdown, obstruction or any public road or highway, or any cause beyond the control of the company shall not be deemed as a breach of this agreement.
This contract is subject to the Laws of England, Scotland, Wales and Northern Ireland and the parties shall submit to the jurisdiction of the courts thereof.
PART V GENERAL TECHNICAL
A) IMPROVEMENTS TO SPECIFICATION
The company policy is one of constant improvement and the company reserves the right to alter the specification of any component part or parts of the security system at its discretion at any time without notice. The company also reserves the right because of difficulties in obtaining supplies, to use at its discretion equipment and materials other than those specified.
B) 240 VOLT 50HZ, SINGLE PHASE POWER REQUIREMENTS
It is the responsibility of the subscriber to supply relevant dedicated 240v AC 50HZ unswitched socket outlets, also to provide 240v AC 50HZ unswitched fused mains spurs as per quotation.
C) SURFACE RUN CABLING
All cabling, unless specifically detailed otherwise in the quotation, is costed as being surface run. Cables shall be concealed wherever practicable, otherwise they will surface run, in conduit or ducting wherever practicable. No cost-allowance has been made for chasing cables into walls or the associated building and plastering work.
D) WORKING HEIGHT
The quotation assumes that all parts of the system are at such a height as to be accessible safely using steps and ladders. The hiring of scaffolding, hoists or other specialised climbing apparatus will be charged extra or provided by the subscriber.
Unless stated otherwise internal equipment is specified to operate in a relatively dust-free environment within a temperature range of +5 – +40 degrees centigrade with a relative humidity of 80% or less, non condensing. Internal cameras operating in dusty environments, factories, warehouses, etc., shall be mounted inside housings ingress protected to IP54 ( BS5490 ) or greater and operate within the temperature range -10 to +50 degrees centigrade.
F) ADDITIONAL LIGHTING
Unless specifically stated on the quotation no provision is made for additional background lighting. It is assumed that existing lighting is adequate for correct operation of the system cameras, any additions required for the system to give higher quality pictures would be the responsibility of the subscriber.
The subscriber is ultimately responsible for all aspects of Health and Safety on his / hers premises..
PART V1 WARRANTY LIMITATIONS
Defects or alterations to the security system caused by arising from any circumstances beyond the control of the company. For example, fire, flood, lightning , act of God, war, civil disturbance, malicious damage, vandalism, negligence, interference, modification to the premises, misuse or failure to operate the security system by the subscriber or any other persons. The cost of repairs or replacement due to defects of the security system caused by environmental conditions of processes not normally found at the premises or introduced after the contract start date. Bulbs, lighting elements or call out or labour charges to replace such. Malfunctions due to mains interruption or fluctuation or radio interference, nor the replacement of equipment damaged by such. The cost of a call out to attend a fault or Re-siting of equipment by any person other than authorised company. The Customer or is Agent shall not permit anyone other than the Installer to test, adjust or reset or interfere with the Installation or nay part thereof. In the event of breech of this provision, the Installer shall be entitled to terminate the warranty or maintenance contract forthwith upon its discovery. Users of time lapse videos are required to change tapes after five hundred hours use per tape and must use a replacement recommended by the Company otherwise the guarantee on the VCR may be voided due to excessive head wear. VCR Heads and Pulleys are excluded
The warranty on equipment supplied may be extended to cover the second and subsequent years of operation as part of a maintenance contract. The aforementioned exclusions will apply to the extended warranty.