The Lock Father
Alarm Systems Terms and Conditions
TERMS APPLICABLE TO ALL OUR SYSTEMS
The Customer (“you”) and;
The Lock Father Limited a company registered in England and Wales whose registered address is 1386 London Road, Leigh on Sea SS9 2UJ (Company No. 07844066) (“we/us/the Company”).
1.1 “Agreement” Means any Quotation, System Design Proposal and Design Proposal Guide together with these Terms and Conditions and any other associated documentation provided at or before the time when this Agreement is entered into.
1.2 “Care Responder” A person or third party chosen by the Customer to respond to alerts when informed by the App that a signal has been received from the System.
1.3 “Connection Date” The date when the System becomes operative with the connection to the Alarm becoming live.
1.4 “Equipment” All items that form part of the System including signalling equipment which communicates to the Hub and all component parts which will remain the property of the Company at all times.
1.5 “Fees” The amount payable in respect of the Installation Charge(s) and Rental Charge(s) and any other amounts payable by you as set out in the Quotation/order.
1.6 “Initial Period” The period of your agreement with us as indicated on the Quotation, commencing on the date on which the Agreement between you and us comes into existence, subject to the rights of termination set out in this Agreement.
1.7 “Installation/Deinstallation Charge” The charges for the supply and installation/deinstallation of the System as set out in the Quotation.
1.8 “Installation Date” The date we finish installing the System.
1.9 “Normal Working Hours” Are between 08.00 and 17.00 hours from Monday to Friday (excluding bank and public holidays).
1.10 “Other Charges” All charges in addition to the Rental Charges and Installation Charge as stated in the Quotation.
1.11 “Premises” The building(s) or premises where the System is to be installed as indicated on the Quotation.
1.12 “Quotation” The quotation from the Company to you setting out the Fees including any delivery costs and the timings for delivery.
1.13 “Rental Agreement” An agreement for the rental of the System.
1.14 “Rental Charge” Our charges for the rental of the System and the provision of the Service by us to you. The Rental Charge is payable 30 days from receipt of invoice.
1.15 “System” All Equipment and its component parts forming the system as set out in the Quotation and ordered by you or any subsequent item of equipment or component parts installed by us at the Premises and including the App provided by a third party (the “App Provider”).
1.16 “Written” or “Writing” Where the words written or writing are used in this Agreement, this includes email correspondence but excludes any correspondence via social media.
2. Hire of System and provision of Services
2.1 The Quotation constitutes an offer by the Company to supply the System and Service in accordance with, and on the terms of, the Agreement. The Customer shall be deemed to have accepted this offer when the Customer accepts the Quotation at which point and on which date the Agreement shall come into existence between us and you.
2.2 In consideration of the payment of the Fees, we shall:
- hire to the Customer the System as specified in the Quotation on the terms and conditions set out in the Agreement along with any other associated documentation; and
- provide the Service; and any training as required in respect of the use of the System.
2.3 Where there is a conflict between the terms of this Agreement and the terms of any Quotation, then the terms of the Quotation shall prevail. These Terms and Conditions apply to the Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing except as expressly provided in the Agreement.
2.4 This Agreement (and any other associated documentation) constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this Agreement. Except as set out in these Terms and Conditions, no variation of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by us.
2.5 Any sample, drawings, descriptive matter or advertising issued by us and any descriptions of the System or illustrations or descriptions of the Service displayed on our website or contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the System or the Service described in them and are illustrative only. They shall not form part of the Agreement or have any contractual force.
2.6 The Customer acknowledges and confirms that the Company may use any of its employees and/or any agent, contractor, subcontractor or other representative of or for the Company to supply and perform all or any part of the Service and/or the installation of the System.
2.7 You acknowledge and consent, to the App Provider having and using video monitoring services including still-photo imaging and storing related data in its data centres as part of its provision of its App for the System. You may also be required by the App Provider to accept its terms and conditions for the supply and use of its App.
2.8 The Ajax Security System may include the supply of an Internal motion Camera that enables you to provide intruder image verification. The image quality of this camera will be affected by its location and the levels of light within its field of range. The camera should be positioned to provide the best quality images. Accessing your Internal motion Camera via the App/web portal will vary dependent upon the speed of your connection which does not mean that the System is not working correctly.
This Agreement shall come into force on the date that you sign to accept the Quotation. This Agreement shall last for the Initial Period and shall then continue automatically but either party may terminate the Agreement by giving the other party not less than 1 months’ written notice, such notice not to expire prior to the end of the Initial Period, unless terminated earlier in accordance with clause 4.1.4
4. Your Obligations
4.1 You agree in entering into this Agreement:
4.1.1 to ensure that the terms of your order set out in the Quotation are complete and accurate.
4.1.2 to co-operate with us in all matters relating to installation of the System and the provision of the Service including allowing access by or on behalf of us and/or the Network Service Provider for installation, maintenance and/or service work.
4.1.3 to obtain and pay for all necessary consents (including listed building consent) that may be necessary for the installation of the System and you shall also give us access to the Premises at all reasonable times and provide other facilities (including power sockets available as required by the system) as reasonably required by us for the purpose of doing anything that we are required or entitled to do under the Agreement. We will use reasonable endeavours to carry out the work in question during Normal Working Hours and you acknowledge that it may be necessary in certain circumstances for us to carry out some work outside Normal Working Hours.
4.1.4 that you have provided us with all such information as we may reasonably require to produce the quotation, shall provide us all such information as we may reasonably require to supply the Service and shall ensure that such information is accurate in all respects, such information to include, without limitation, details of any areas of your Premises containing high value property. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Agreement or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.1.5 to take care of the System, keep it insured against accidental damage and not to tamper with, misuse, neglect, wilfully damage or incorrectly use any part of the System causing damage to it or any part of it. If any items are damaged on site, either accidentally or through neglect, you are liable for the cost to replace the damaged items
4.1.6 not to alter or repair the System without our prior written consent.
4.1.7 to advise us of anything that could constitute a site hazard or a risk, which could affect the safety of any person installing, servicing or responding to the System. You shall notify us as soon as possible of any faults or damage appearing in the System and shall allow us to take such steps as we consider necessary to remedy such faults and/or damage and this includes allowing us the access we would reasonably need in order to fulfil our duties under the Agreement. If it comes to light that the damage in question has occurred as a result of your negligence (irrespective of whether such negligence is wilful or not) then we shall be entitled to reimbursement for the value of the Company’s Equipment in question together with any other costs that we have incurred in attempting to repair the Company’s Equipment and/or rectify the damage.
4.1.8 to notify us of any change in the site conditions at your Premises and any change of circumstances that may affect the ability of the System to operate as intended and as set out in the Quotation.
4.1.9 that you acknowledge and agree that we may access the System remotely for the purpose of performing remote diagnostics, software updates and maintenance.
4.2 You agree to ensure that the Premises are maintained in accordance with any relevant health and safety legislation, and in particular that the Premises are sufficiently illuminated to enable us to properly install and service the System.
5. Our Obligations Regarding Installation
5.1 Delivery of the System shall be completed on the arrival of all the relevant Equipment and component parts at your Premises.
5.2 If we are not able to install the whole of the System at one time due to operational reasons or shortage of stock, we may install the System in instalments. We will not charge you extra costs for this. However, if you ask us to install the System in instalments, we may charge you extra installation costs. If we are late installing an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.3 We will install the System at the Premises as set out in all material respects in the Quotation and within a reasonable time from the date on which the Agreement comes into existence or as agreed in writing with you. Following completion of the installation of the System, we will issue you with an invoice stating the Installation Date (which may be issued prior to connection of the communications link) and such invoice shall be conclusive evidence of the Installation Date for the purpose of the Agreement.
6. Our Obligations Regarding the System
6.1 The Lock Father warrants that (subject to the other provisions of the Agreement) during the term of this Agreement, the System will be free from defects in materials and workmanship; we shall use reasonable skill and care in the provision of the Service; and shall perform the Service in accordance with all applicable legislation and in all material respects, with any UK codes of practice relevant to the provision of the Service.
6.2 The Lock Father shall not be liable for a breach of the warranty in clause 6.1 unless:
6.2.1 Customer gives written notice of the defect to The Lock Father within 14 days of the time when Customer discovers or ought to have discovered the defect; and
6.2.2 The Lock Father is given a reasonable opportunity after receiving the notice of examining, repairing or replacing the System (or parts thereof).
6.3 We shall not be liable for the System’s failure to comply with the warranty in clause 6.1 if:
6.3.1 the defect arises because you failed to comply with any of your obligations set out in clause 4;
6.3.2 the defect arises as a result of our following any drawing, design or specification supplied by you;
6.3.3 you or a third party who is not one of our authorised repairers alter or repair such Equipment without our prior written consent;
6.3.4 the System or any Equipment differ from the quotation as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
7.1 You agree to pay us the Installation/deinstallation Charge and the rental charges for the equipment (initial minimum hire period of 8 weeks applicable) on the first invoice, payment is due 30 days from the invoice date.
7.2 Subsequent invoices for equipment Rental will be sent out following the minimum term expiring, invoices will be issued on a monthly basis covering 4 weeks hire period at a time. Invoices are due for payment 30 days from the invoice date.
7.3 It is agreed that the Rental Charges will remain fixed for the first twelve months the Agreement is in force. After this time, we reserve the right to adjust the Rental Charges annually due to any increase in costs that we have incurred from our supplier. We will advise you 30 days prior to the increased Rental Charge taking effect. After the Initial Period, you may terminate the Agreement with immediate effect by written notice given prior to the increased Rental and Service Charge taking effect.
7.4 Amounts stated on the Quotation are exclusive of VAT. Where applicable, VAT will be added to the invoice at the prevailing rate and will be payable by you at the same time as payment is due for the supply of the System or Service.
7.5. You shall pay all amounts due in full without any set-off, counterclaim, deduction or withholding except as required by law; and
7.5.1 We may, without limiting our other rights and remedies, set off any amount owing to us by you against any amount payable by us to you.
8.1 Throughout the Agreement the legal and beneficial title of the Equipment will remain with us.
8.2 You shall not sell, encumber, charge, or offer the title to the Equipment during the term of the Agreement to any third party and you agree to reimburse us for any cost, expense, claim, loss or damage that we may subsequently suffer as a result of your failure to abide by this covenant.
8.3 At the end of the Agreement, you must return the System to us usually by allowing us access to the property to remove the System. If you fail to deliver up the System promptly, we may enter any premises of yours or of any third party where the Equipment is stored in order to recover the Equipment.
9.1 You agree to assume all risk in the Equipment from such time as the item in question has been delivered to the Premises by us.
9.2 You agree to insure the Equipment against any loss or damage howsoever caused (which will include cover for all loss which you may suffer as a result of the System not working).
9.3 You hereby agree to reimburse us our reasonable costs, expenses, claims, losses or damage incurred by us (irrespective of whether such cost, expense, claim, loss or damage is caused by loss of profit or damage to property), which we incur as a result of any failure, neglect or negligence by you in looking after the System.