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Issue 01-08-19

General Terms & Conditions

1. Definitions


Customer

Signatory and company organisation and individuals they represent.

TSS Staff

All staff employed by TSS directly or indirectly, to include on site and administrative staff and sub-contractors

Customer Equipment

Refers to all equipment supplied by, installed by and/or maintained by TSS

Handover Date

Means the date TSS commissioned or handed over operation to the customer (whichever is the sooner)

Renewal Date

The anniversary of handover or takeover of the customer’s equipment or the date an agreement is signed

TSS Equipment

All materials and equipment installed by TSS but not paid for in full

Working Hours

Monday to Friday (8.30 am to 17.00 pm) excluding Public holidays.

Prescribed Time

Intruder Alarms 4 hours, Fire Alarms 8 hours, CCTV & Access Systems 24 hours, Automated Access 48 hours

NPCC Policy

National Police Chiefs Council (NPCC) policy

ARC

Alarm Receiving Centre

TSS Faults

Failure of equipment installed by or taken over under maintenance by TSS as long as the equipment was in good order prior to take over

2. Customer Responsibilities


2.1

Shall inform TSS staff prior to commencement of work of any customer/site specific Health and Safety requirements and procedures.

2.2

Shall not allow anyone other than TSS staff to work on customer equipment that is under guarantee or under a Maintenance Agreement with TSS.

2.3

It is the customer responsibility to ensure all TSS equipment at the customers premises/site is kept secure and safe from damage irrespective of whether the equipment is being stored ready for installation or has been installed but not yet handed over.

2.4

If scaffold or powered access platforms are required for access, the cost for this will be borne by customers unless otherwise agreed in writing or itemised on their quotation.

2.5

It is the customers responsibility to organise permission and access to site and ensure the area to be worked on is prepared ready for work to commence immediately TSS staff’s arrive on site. We reserve the right to charge for any delays in carrying out the installation/maintenance works, where such delays are caused by the customer, whether or not the delays were foreseen or not, to include delays caused by third parties.

2.6

Customer payment terms, unless otherwise agreed in writing:

2.6.1

Shall make a part payment of 50% of the Quoted price prior to commencement of any work.

2.6.2

Installation works which take more than 30 days will require interim payments equal to the percentage of works carried out at the time of any TSS invoice for part payment, even if the 30 days has been exceeded due to delays, no matter what their cause.

2.6.3

Installation works – Full and final payment must be made on the day of handover.

2.6.4

Maintenance agreements, other services, interim and part payments – full payment of an invoice must be received within 14 days of invoice for new and domestic customers and 30 days for existing commercial customers.

NB: We reserve the right to charge 5% above the current bank of England interest rate for delays in payment

2.6.5

To avoid high bank charges we reserve the right to refuse some card payment. Payments made using business corporate cards will incur a 2.5% fee.

2.6.6

We reserve the right to charge an admin and re-stocking fee of up to 15% for cancellation of work within 30 days of an agreed prearranged installation date.

3. TSS Condition, Responsibilities and Exclusions


3.1

Shall guarantee equipment installed by TSS for a period of 12 months. During this period TSS will replace or repair any faulty equipment free of charge (during working hours) so long as Sections 2.5 have been adhered.

3.2

Shall install the equipment as per the quoted specification.

3.3

Shall provide 24 hour call out provisions for the customers equipment during the guarantee period and any period a valid Maintenance agreement is held, during which time TSS staff will attend any emergency faults within the Prescribed time, however we will not be responsible for loss or damage should these times be exceeded.

3.4

Shall be entitled to assign any or all of its rights under this agreement.

3.5

Shall not be liable to the customer for loss or damage as a direct consequence of any temporary emergency repairs which may result in by-passing or disconnecting any part of the System.

3.6

Shall not be liable for any charges raised by any third party as a result of the company providing the system and services to the customer.

3.7

Although Security and Fire Systems are designed to reduce the risk to property and life, TSS cannot guarantee that the Systems will not fail, be neutralised, circumvented or otherwise rendered ineffective and as such, no liability shall be attached to TSS in respect of any losses, loss of profit or damage sustained by the Customer however so caused.

3.8

TSS is not an insurance company and as such if not withstanding these terms & Conditions, TSS should be found liable in anyway, that liability shall be limited to the total amount of our liability insurance, which under normal circumstances will not exceed £1,000,000. If the customer requires TSS to provide a higher liability cover, their request should be made and agreed in writing. Should TSS insurer increase their premium as a result of the increased cover we reserve the right to pass this cost onto the customer.

3.9

TSS exclusions – failure of equipment, equipment performance and batteries due to a failure of electrical power supply, surge of electrical power, lightning strikes, water ingress, physical damage, fair wear and tear, Act of God, misuse, third party not employed by the company, animal/insect/bird damage, obsolete equipment, changes in the environment or changes in the building or site design.

3.10

Shall not be held liable for any loss and/or damage until the system is formally commissioned, handed over to the customer and a completion certificate has been issued.

3.11

Engineer site visits for faults caused by equipment not installed by TSS may be chargeable at normal rates.

3.12

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit liability to you) the enforceability of any other part of these conditions will not be affected.

3.13

Monitored systems and systems with remote access – TSS shall not be liable for any costs incurred to the customer by third party services to include telephone and broadband charges, repairs, IT set up and alterations.

3.14

We reserve the right to use existing equipment and cables not installed by TSS as part of the system installation. However we will not be held liable for customer equipment failures caused by faulty existing equipment, cables and wiring, to include effects from electrical and radio interference.

3.15

We will not be responsible for any electrical or radio interference that causes faults to the customers equipment if such interference occurred after handover, providing such faults are not due to TSS negligence or faulty equipment we supplied.

3.16

Shall not be liable for any ARC failures or negligence.

3.17

We reserve the right to charge for site calls at customers request other than system faults and maintenance works.

3.18

We reserve the right to charge for IT support of equipment not installed by TSS and post installation IT support of customer equipment.

3.19

We reserve the right to use sub-contractors for part or all of any installation works, excluding maintenance. All sub-contractors carrying out security works will be screened.

3.20

Other than in quotation documentation, any references to compliance of categories, grades or standards are only advisory, with the exception.

Maintenance Agreements Terms & Conditions

4. Charges


4.1

Requests for same day engineer attendance must be received at least 2 hours prior to the end of our normal working hours. We reserve the right to charge for calls falling outside this time period (excludes Gold cover).

4.2

We reserve the right to vary any monitoring and maintenance charges annually by 1% above inflation.

4.3

Engineer site visits not covered under a maintenance agreement may receive a mileage charge for sites more than 20 miles from a TSS base.

5. Maintenance Scope & Automatic Acceptance (Also see section 3 for exclusions to cover)


5.1

To ensure your equipment is well maintained, after handover the customers will automatically be placed under a maintenance schedule and at the renewal date will receive an invoice and an invitation to receive a Maintenance visit. If the customer books and our engineer attends their premises to carry out this work it will be assumed the customer wishes to continue under the maintenance cover invoiced. At that point it is assumed the customer has accepted these terms and conditions in regards to a maintenance agreement regardless of whether a signed acceptance has been received or not NB: If you do not require this service, to avoid receiving payment reminders please contact us so we are aware of your position.

5.2

Bronze Cover (If you are under the older BASIC COVER the cost of batteries is not included).

5.2.1

The system will be serviced as per relevant B S or E N Standards.

5.2.2

There will be no call out charges during working hours, however call out charges will be made outside working hours and labour will be chargeable at all times (Labour will be rounded up to the nearest hour).

5.2.3

24-hour help line and engineering service.

5.3

Silver Cover (If you are under the older STANDARD COVER the cost of batteries is not included).

5.3.1

The system will be serviced as per relevant B, S or EN Standards.

5.3.2

There will be no call out charges at any time, labour will be chargeable out of working hours (Labour will be rounded up to the nearest hour).

5.3.3

24-hour help line and engineering service.

5.4

Gold Cover (If you are under the older STANDARD COVER the cost of batteries is not included).

5.4.1

The system will be serviced as per relevant B, S or EN Standards.

5.4.2

No call out charge at any time, No labour charge at any time, No charge for replacement parts.

5.4.3

24-hour help line and engineering service.

5.5

Routine Battery replacement is included in Bronze, Silver and Gold cover, but not on the older Basic, Standard and Premium Cover (see 3.9 for exclusions).

6. Refusal to Maintain and Termination of Maintenance Agreements


6.1

If the customer is overdue in making payment for any services and equipment to TSS, even if it is not directly connected to this agreement, then TSS reserve the right to suspend all service (see also 3.20 above).

6.2

Either party may terminate this contract giving no less than 1 month’s written notice prior to the anniversary of the maintenance agreement start date.

6.3

We reserve the right to refuse to maintain or work on your system and to terminate any maintenance agreement without notice should we determine it is substandard, dangerous, uncompliant to industry standards or legislation, irrespective of whether payment has been made for said work. A refund will be given for work not carried out.