Terms and conditions
In these conditions the term "the Company" means Safe Homes (UK) Ltd. An the term "the Purchaser" means the Customer or other Party with whom this Contract is entered into.
1. ACCEPTANCE
All orders placed with the Company shall be deemed to be subject to these terms and conditions and these are the only terms and conditions on which Orders are accepted.
2. PRICE
The price payable shall be the price shown on the Contract in respect of which these terms and conditions apply and is fixed for a period of sixteen weeks from the receipt of the appropriate deposit, failing which the price shall be the price in force at the time of delivery and installation.
3. DELIVERY AND INSTALLATION
The Company will make every effort to effect delivery and installation as quoted but will not be liable for loss or damage caused by delay and all dates or periods quoted are approximate only and not an essential term.
The Purchaser will afford access to the premises at which the equipment is to be installed to the Company and its servants agents and sub-contractors at all reasonable times required by it or them for the purpose of this agreement.
4. TITLE AND RISK IN GOODS AND EQUIPMENT
All goods and equipment supplied by the Company shall be at the sole risk of the Purchaser from the time of the delivery to the Purchaser's premises. Title in and beneficial ownership of such goods and equipment shall remain in the Company notwithstanding delivery or installation until the Purchaser has paid both the full price for such goods and equipment and all other sums whatsoever due to the Company.
5. FORCE MAJEURE
No failure or omission by either party to carry out or observe any of the provisions of this Contract shall give rise to any liability on the part of that party or be deemed to be a breach of this Contract is such failure or omission directly or indirectly arises from circumstances beyond its control including acts of God,
fire, accident, strike, lockout, civil disturbances or labour dispute, acts, order or regulations of Government or shortage of materials or fuel, or from any cause whether or not of same nature of the foregoing beyond the control of the party in question.
6. PAYMENT
The balance of the purchase price payable by the Purchaser including in the cost of any extras or variation thereof but after allowing for the deposit paid by him shall be due and payable immediately the equipment is installed and commissioned. Interest will be payable on all sums overdue from the date on which payment should have been made at the rate of 4 per cent per annum over the basic rate of Lloyds Bank Plc for the time being in force on a monthly basis.
7. WARRANTY
(i) Subject as provided below the Company warrants against faulty workmanship or materials from the date of installation for a period of 12 months but its sole liability under such warranty shall be limited to replacing or repairing such equipment which the Company accepts as having being defective in materials and workmanship.
(ii) The Company shall incur no liability under this warranty -
(a) unless the Company is promptly notified in writing upon discovery of any defects by the Purchaser.
(b) for any equipment in which the alleged defect is found on examination to have been caused in whole or in part by misuse, neglect, overload or any alteration or attempt to remedy any alleged defect by anyone other than an authorised representative of the Company.
(c) until the full price under the Contract has been paid to the Company.
8. SERVICE
Any service or advice provided by the Company is offered in good faith and without any liability for loss or damage arising therefrom. Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of this Contract.
9. CANCELLATION
The Purchaser shall have no rights under any circumstances to cancel or vary this Contract or any installation or order thereunder without the prior written consent of the Company which consent shall be conditional upon payment of such compensation that the Company shall reasonably require. Any concession latitute or waiver allowed by the Company on any occasion shall apply to that occasion only and shall be without prejudice to the Company's full rights under this Contract and shall not prevent the full exercise of the Company of such rights on any subsequent occasions.
10. ASSIGNMENT
This Contact or any part thereof shall not be assignable by either party without the written consent of the other.
11. GENERAL
The construction validity and performance of this Contact shall be governed by English law which shall be decided by the English Courts.
12. THE CUSTOMERS ATTENTION IS DRAWN to the following: -
(i) The cost of making good any damage to brickwork, plasterwork, rendering or similar finish to any decoration, painting woodwork or furniture caused by the installation of the equipment or by any work carried out for that purpose is not included in the total cost of any variation hereof.
False alarms caused by incorrect or accidental operation of the system are specifically excluded from any guarantees hereunder.
(ii) The Safe Homes (UK) Ltd alarms system in common with other alarm systems is intended as a deterrent and an aid to preventing a burglary.
No guarantee or warranty is given that no such burglary will occur and it is not possible for any system to be totally effective against all methods of entry. Whilst every care is taken to assure that it will always give effective service, neither it, nor the personnel involved in the installation and maintenance of it are infallible.
The installation is not intended to replace the need for full contents and property insurance which the Purchaser should maintain.