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BURGLAR ALARMS
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COMPUTER NETWORK CABLING
PORTABLE APPLIANCE TESTING TERMS AND CONDITIONS

Terms and Conditions

    DEFINITION

  1. The Completion Date is the date agreed between the Customer and the Contractor for the completion of the Works or (if no such date has been agreed) the last day of the Completion Period.

  2. The Completion Period is the period agreed between the Customer and the Contractor for the completion of the Works or (if no such period has been agreed) a reasonable period for such completion, in either case beginning on the Start Date.

  3. The Contractor is D R Security & Electrical Limited, 100 De Beauvoir Road, London N1 4EN

  4. The Customer is the person for whom the Contractor carries out the Works, as named in the Quotation.

  5. The Equipment is the electrical and/or security equipment and apparatus forming part of the Works, as set out in the Quotation.

  6. The Initial Payment is the initial payment (on account of the Price) which is stated in the Quotation or (if no initial payment is so stated) such sum (not exceeding one half of the Price) if any as the Contractor may invoice to the Customer.

  7. The Maximum Liability shall be £250,000 or such other sum as may be stated in the Quotation.

  8. The Price is the sum in return for which the Contractor will carry out and complete the Works, as stated in or calculated in accordance with the Quotation; or (if not so stated or calculated) as agreed between the Contractor and the Customer; or (if not so agreed) the cost to the Contractor of the materials and labour required for the Works, plus 15% of such cost.

  9. The Quotation is the Contractor’s quotation delivered to the Customer for carrying out and completing the Works in return for the Price.

  10. The Site is the address, as stated in the Quotation, of the Works.

  11. The Start Date is the date on which the Customer and the Contractor agree that the Contractor shall begin the Works or (if no such date has been agreed or if the Initial Payment has not been paid before such date) the earliest date after payment of the Initial Payment on which the Contractor can begin the Works.

  12. The Works are the supply and installation of the Equipment at the Site as set out in the Quotation.

    13. CONTRACT

  13. By accepting the Quotation, by paying the Initial Payment, or by agreeing the Start Date, the Customer appoints the Contractor to carry out and complete the Works in return for the Price.

    14. THE WORKS

  14. The Customer shall use all reasonable endeavours to agree a Start Date with the Contractor.

  15. Provided that the Customer has paid the Initial Payment to the Contractor before the Start Date, the Contractor shall begin the Works on the Start Date, shall carry them out regularly and diligently, and shall use all reasonable endeavours to complete them by the Completion Date.

  16. The Contractor does not guarantee the times of delivery of Equipment or completion of the Works by the Completion Date, nor shall it be liable for any damage or claims of any kind in respect of unintended delay in delivery.

  17. The Contractor may perform any or all of its obligations under this contract through agents or subcontractors, provided that the Contractor shall remain liable for such performance.

    18. PAYMENT

  18. All sums due under this Contract are exclusive of Value Added Tax which where applicable the Customer will pay to the Contractor in addition.

  19. The Customer shall (whether or not invoiced by the Contractor) pay the Initial Payment to the Contractor before the Start Date.

  20. The Customer shall pay the balance of the Price to the Contractor by the instalments and on the dates set out in the Quotation (whether or not invoiced by the Contractor) or, if no such instalments or dates are set out in the Quotation, within 14 days after delivery to the Customer of each of the Contractor’s invoices, which he shall issue at such times as he may think fit.

  21. The Customer shall (in addition to the Price) reimburse the Contractor for any expenses (other than the cost of the materials and labour required for the Works) incurred by the Contractor in connection with the Works, including (without limitation) the cost of parking at or near the Site, and the Contractor may include such expenses in any invoice.

  22. The Customer shall pay all sums due under this Contract without any discount, deduction, legal or equitable set-off or counterclaim whatsoever.

  23. All sums due from the Customer to the Contractor which are not paid on the due date shall (without prejudice to the rights of the Contractor under this Contract) bear interest from day to day at the annual rate stated in the Quotation or (if no such rate is stated) at 8% above the Bank of England base rate at the date when the payment becomes overdue.

  24. Without prejudice to any other right or remedy it may have, the Contractor may at its absolute discretion charge to the Customer, for each sum due from the Customer to the Contractor which is not paid on the due date, an administrative charge of £25 (or of such other sum as may be stated in the Quotation) as liquidated and ascertained damages for the Contractor’s costs (whether or not actually incurred) of endeavouring to recover payment of such sum from the Customer before instructing solicitors or other agents to recover the same.

  25. The Equipment shall remain the property of the Contractor until the whole of the Price has been paid, and until then the Contractor shall be at liberty at its absolute discretion either to recover the Equipment or to maintain an action for the price of the Equipment.

    26. CONTRACTOR’S LIABILITY

  26. Subject to any qualification (including the negation of this clause) which may be stated in the Quotation, the Contractor shall make good, by repair or by the supply of a replacement, defects which, under proper use, appear in the Equipment within twelve months after the Equipment has been delivered and installed (or within such other period as may be stated in the Quotation). The Contractor’s liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the Equipment, whether in contract, tort or otherwise, in respect of defects in goods delivered or for any injury (other than personal injury caused by the Contractor’s negligence as defined in section 1 of the Unfair Contract Terms Act 1977), damage or loss resulting from such defects or from any work done in connection therewith.

  27. The Contractor shall not be liable to the Customer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Customer of an indirect or consequential nature including without limitation any economic loss (other than the cost of repairing or replacing any defects in the Equipment) or other loss of turnover, profits, business or goodwill.

  28. The Contractor’s total liability for breaches of this Contract or otherwise under or in connection with it shall not exceed the Maximum Liability.

  29. The Contractor shall not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event whatsoever beyond its reasonable control.

    30. GENERAL

  30. The risk in the Equipment shall be borne by the Customer from the date of its delivery to the Site.

  31. The Customer may not assign, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Contract without the prior written agreement of the Contractor.

  32. If any provision of this Contract shall be prohibited by law or adjudged by a court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract and shall not in any way affect any other circumstances of or the validity or enforcement of this Contract.

  33. This Contract contains the whole agreement between the parties in respect of the Works and supersedes any prior written or oral agreement between them relating to the Works and the parties confirm that they have not entered into this Contract on the basis of any representations that are not expressly incorporated in it.

  34. No person who is not a party to this Contract may in its own right enforce any term of it.

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