Fire Safety Managers Limited
Company’s Terms & Conditions of Sale
Definitions
1.0 In these conditions the following terms shall have the following meanings:
‘Company’ means Fire Safety Managers Limited and / or FSM / or FSM Ltd
‘Consumer’ means an individual who is acting for the purposes of his or her business or profession.
‘Customer’ means any person, a body of persons, firm or Company (acting in its own right or through any employee or agent) with whom the Company enters into a Contract for the sale of the Goods by the Company.
‘Contract’ means any Contract described in the above definition of ‘Customer’.
‘Goods’ means the products offered for sale by the Company and on its website www.firesafetymanagers.co.uk
Terms & Conditions apply to ALL Contracts
2.0 All Contracts between the Company and the Customer are subject to these terms and conditions which shall be deemed to be incorporated into any Contract between the Company and all of its Customers.
2.1 In the event of any conflict between these terms and conditions and any other terms and conditions whether expressed or implied, incorporated or referred to in any communication from the Customer throughout the ordering period, sales process and service delivery then these terms and conditions shall prevail and supersede that of the Customers. The Customer’s terms and conditions shall be excluded in whole for the length of the service contract with FSM.
2.2 The contract period in relation to the Service Agreement for the Basic Service Package is 12 months from either the signing date or the service delivery whichever is carried out last. If the service agreement is in relation to the Fully Comprehensive or Total Care Packages, then the Service Agreement is for 2 years from either the signed agreement or service delivery whichever is last. Please see clause 3.4 for more information.
2.3 Please ensure you read and fully understand our Cancellation Procedure in Clause 13.1. It is the Customers responsibility to read and understand the terms and conditions before signing of any agreement and the Company will NOT be held responsible for failing to be fully aware of these conditions set out.
Quotations
3.0 Quotations by the Company, unless otherwise stated, shall be open to acceptance within a 30-day period from the date of the quotation.
3.1 No Contract shall come into existence until the Customer’s order (however given) is agreed by the Company’s acceptance of the same, either verbally or written.
3.2 All orders must be confirmed in writing either by email, fax or post and be attached to a Purchase Order (if used) with a reference number given on the quotation as quotation number.
3.3 FSM will not be responsible for no service delivery of any kind if the order has not been confirmed by the above method.
3.4 On ordering the Silver and Gold Packages there are certain terms and conditions which must be met before an exact quotation will be given. An approximate quote for the service will be given subject to either a site survey or on presentation of the asset list given by the customer either electronically, post or in person. Before an agreed price can be given the terms are –
3.4.1 The customer will need to sign a service agreement for a 2-year period and not the basic 1 year
3.4.2 A maximum of 20% of total assets will need an Extended Service, which is the usual practice
3.4.3 A minimum amount of extinguisher assets needed for agreement is 50 for either packages which may increase or decrease after the site survey or on presentation of the asset list by the customer.
3.4.4 The New Extinguisher’s that are included within the Gold Package are only replaced free of charge if needed at the time of the Annual Service (once a year) only and is not extended throughout the year. Any CO2 or Powder Extinguishers that are due their 5- or 10-year extended service will be replaced at the time of service free of charge. A maximum of 40% of the total asset are allowed to be replaced, any more are chargeable at cost price if replaced at the time of their annual service. If New Extinguishers are required later in the year, then these are chargeable at the Company’s current Price List.
3.4.5 A deposit of 50% of the quotation will be required paid by credit or debit card before any work commences. If however the customer has a history of a good credit account with FSM, then it will be at the discretion of senior management only whether the deposit is required.
3.5 No amendment or variation of these terms and conditions or oral promise or commitment related to it shall be valid unless committed to in writing and signed by or on behalf of both parties.
Prices
4.0 All prices shall be paid in sterling unless specifically requested by the Chief Executive Officer or Finance Officer of Fire Safety Managers Ltd.
4.1 All Prices that are given at the start of the Customer’s Contract will remain the same throughout the 12 months Service Contract Period. There will be no increase in price to Goods unless confirmed by both parties in writing beforehand. After the 12-month period has lapsed and a further 12 month agreement is signed, any price increase will be confirmed before signing.
4.2 All Prices quoted are excluding 20% VAT of which will be added to the subtotal and clearly stated on all invoices and quotations with the total amount being payable.
4.3 All Goods and Services will be invoiced as per the quotation given to the Customer before placing the order. The only extra costs that may be added to the invoice are that of any extra’s that are requested by the Customer or that are needed in the course of the Fire Technician’s Legal Obligations to leave the Customer’s premises with the correct Fire Cover, such as Spare Parts, Refills and Sundries which are not foreseeable at time of quotation.
4.4 Any additional Goods or Services that are needed or requested by the Customer as per 4.3 will be charged at the rate agreed with the Customer at the Quotation Stage or at the Standard Company Price List should a quotation for this product or service not have been provided at that stage. Company Price Lists are available to all at your request.
4.5 Any New Equipment that is needed whilst carrying out the Servicing will be charged at the agreed rate or the Company’s Standard Price List. Please see under Service Delivery for additional information.
Payment
5.0 On commencement of any order given to FSM by the Customer for products or services, the Company will use a Credit Check Facility to conduct a Credit Check of the Customer to before granting a 30-day credit account.
5.0.1 For orders that require ordering a large quantity of equipment or for brand new fire alarm, lighting or fire extinguisher installations then at the Company’s discretion a proforma invoice will be generated and a 50% deposit will be required to be paid by bank transfer at least 7 days before the work is to be carried out.
5.0.2 If the equipment has already been ordered from our suppliers then we have the right to deduct from the deposit the cost of the equipment including delivery and any other reasonable expenses incurred from the deposit with the remainder being refunded.
5.0.3 The remainder of the proforma invoice will be due for payment within 3 days of the project completion and customer’s confirmation.
5.1 If the Company is unable to provide its Customer with a Credit Facility then the Customer must pay the balance by bank transfer at least 5 days before the service visit to ensure any parts or equipment can be ordered in time. A Proforma invoice will be produced which can also be paid by Debit / Credit Card but this may incur a small fee.
5.2 Payment terms are strictly a maximum of 30 days from the Invoice Date and under no circumstances shall the Customer be entitled to change the payment terms. If there is a foreseeable problem with payment, then this needs to be discussed with the office before any work commences.
5.3 Under no circumstances is the Customer to make any deductions or withhold payment for any reason at all after signing the Service Certificate as this is your confirmation that the work carried out and products supplied is to the Customer’s satisfaction and therefore the Customer intends to pay the Invoice presented.
5.4 If you fail to pay us in full on the aforementioned due date we may:
5.4.1 Suspend or Cancel any future deliveries or services
5.4.2 Cancel any Discounts offered to you by the Company
5.4.3 Remove any Fire Equipment from your premises that have been supplied by Fire Safety Managers Ltd
5.4.4 Charge you Interest at the rate set out by Section 5 of the Late Payment Commercial Debts (Interest) Act 1998:
- a)Calculated (on a daily basis) from the date of the Invoice until payment is received
- b)Compounded on the first day of each month, and
- c) Before and after any Judgement (unless a court order’s otherwise)
5.4.5 Claim fixed sum compensation from you under Section 5A of said Act 1998 to cover all Credit Control Overhead Costs, and
5.4.6 Issue a writ and recover all payments due to request for asset belonging to FSM LTD to be seized (under clause 5) and the Cost of Legal Action against you.
5.5 If you have an approved Credit Account then we may withdraw it, reduce your credit limit or bring forward your due date for payment. We may take any of this action at any time without notice to you.
5.6 The Customer does not have any right to offset any monies they may claim from FSM against any monies owed to FSM unless agreed by the Chief Executive Officer only.
Title
6.0 Consumers Statutory Rights are unaffected.
6.1 For the purpose of Section 12 of the Sale of Goods Act 1979 Fire Safety Managers Ltd shall transfer only such title or rights in respect of the Goods or Services that are purchased from a third party shall transfer only such title and rights as that party had and has transferred to the Company.
6.2 The Company operates a standard All Monies Retention of Title Clause: which means that even if the Goods are not due for payment to the Company, the Company can at any time enforce the recovery of such Goods as title has not yet passed until all Goods have been paid for in FULL.
6.3 The risk in any sold Goods or Services, shall pass from the seller to the buyer upon delivery of such. Notwithstanding delivery and passing of risk, title in the sold Goods or Services, including legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all Goods or Services, supplied to the buyer until this and any other contract. Payment of the full price shall include any interest and costs of the other sum payable.
6.4 Until you pay all debts you may owe us:
6.4.1 All Goods supplied by us remain the property of Fire Safety Managers Ltd
6.4.2 You must store them so that they are clearly identifiable as our property
6.4.3 You must insure them against the risks for which a prudent owner would insure and hold the policy on trust for us
6.4.4 You may use those Goods and sell them in the ordinary course of your business, BUT
NOT IF –
- a)We revoke that right (by informing you in writing) or
- b)You become insolvent or
- c)Administrators are appointed (therefore the All Monies Clause will Apply)
6.5 You MUST inform us immediately should Clauses b) & c) occur or we may charge you for loss of our Goods.
Service Delivery and Performance
7.0 The Goods or Services will be delivered at the time and date agreed by the Customer and Company. However, if for any unforeseen circumstances the Company cannot meet its obligations in arriving at the designated time or day then the Company will inform the Customer at the earliest opportunity.
7.1 The Customer MUST Inform the Company at the earliest opportunity should they wish to reschedule the agreed appointment day / time and preferably 48 hours before the agreed time.
7.2 However, if 7.1 is not adhered to and the Company’s Fire Technician arrives at the Customer’s premises to carry out the agreed Servicing of the Customer’s Fire Equipment and the Customer then informs the Fire Technician that no access can be arranged or the Customer no longer requires the Goods or Services from the Company then they are liable to pay the Company’s Abortive Charge of £45 + VAT to cover costs and expenses incurred by the Company whilst attending the Customer’s premises which is through no fault of their own. This charge will be invoiced and payable immediately.
7.3 The Company may at its discretion deliver its Goods or Services by instalments in any sequence due to any reason (Supplier, No Spare Parts etc) however the Customer will be informed and updated accordingly and will NOT bear any extra cost incurred by the Company.
7.4 Similarly, where Goods or Services are delivered by instalments, no defaults, failure or any charge from the Customer will be paid and the Company will not be held liable.
7.5 The Company will ensure that the Customer premises that are part of the Service Contract will continually be covered with Fire Safety Equipment as stated within the Fire Safety Order 2005 and in respect of the Quality Management System operated by the Company. At no time will the Customer be without the relevant and sufficient Fire Cover on its premises.
7.6 As a Fire Protection Company we are duty bound to provide its Customers with sufficient advice, knowledge and equipment as per the relevant Fire Safety Legislation. Therefore we are duty bound to bring to the Customer’s attention any defects, wear & tear or issues with the Customer’s current Fire Protection Equipment. FSM Ltd takes its responsibilities seriously and therefore all Fire Safety Technicians are fully trained by BAFE FIA approved courses and will only operate in accordance with the correct procedures of fire safety and should not be expected to overlook issues that a customer doesn’t wish to pay for.
7.7 If in the Fire Technicians duties they come across any issues that have arisen or may arise in the future it is their duty to inform the Customer of such issues and the corrective action needed to remain within the Fire Safety Order 2005. This will come in the form of a Recommendation Sheet which will be handed to the Customer once the agreed work has been carried out. A copy will be forwarded to the Account Manager at the office who will then arrange a quotation for the Customer and contact the Responsible Person accordingly. If at any time there are any lives at risk due to negligence then the fire technician is duty bound to report such negligence to the relevant fire authority and should not be prejudiced against in doing so.
7.8 It is against the Law and the Company’s Codes of Practice to leave the Customer’s premises with insufficient Fire Cover in the respect of their Portable Fire Extinguishers, Fire Alarms or Lighting. Should the Customer’s fire extinguishers be at the end of their 5- or 10-year cycle and therefore require their Discharge Test and Refill then this will be carried out by the Engineer on site without informing the Customer beforehand. It is the Customer’s responsibility to inform the Company before commencing work if there are any units that need their Extended Service by providing an asset list or report.
7.9 If the Customer does not wish to pay for the Extended Service then this needs to be put in writing and sent to the office before the Fire Technician visits the Customer Premises, so the office is aware of this and can keep the letter or email on file should there any future issues with the LAW in the form of Prosecutions and Fines.
7.10 As stated in 7.8 it is against the LAW for a Fire Protection Company to not place a Condemned / Not Suitable for Use label on the unit that needs an Extended Service due to being out of date and Fire Safety Managers Ltd will not be held liable for prosecution or responsible for any loss of property or life for the purpose of its Customer not wanting to meet the costs of such work when FSM is willing to carry out the relevant work. If the threat of potential loss of life to a Company’s employees, visitors or the general public is apparent because of the Responsible persons neglect then a report will be placed with the Fire Authority. This is a last resort and will not be conducted lightly.
7.11 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.
7.12 Fire Safety Managers Ltd intends from the outset of any New Customer Contract to be a transparent Company in the form of its Prices, Service Delivery and the Fire Safety Order 2005 and its Responsibilities. FSM Ltd will NOT cut corners with or without the request of the Customer or deliver a less than satisfactory performance in its delivery of Services and Goods. It is extremely important to FSM Ltd that its Customers are fully covered with their Fire Safety and insurance and will do its utmost to ensure that should any fire break out on their premises its Customers Fire Equipment are fully operational in its intended use.
7.13 Fire Safety Managers Ltd are fully aware of the rules and regulations when it comes to Customers Insurance Validation and Enforcement Notices and therefore operate accordingly with this in mind when offering and conducting fire safety advice and services. It is imperative that all companies are fully insured against a fire breaking out on their premises to ensure clarity in payment of compensation and all the advice and recommendations given to the customer are to ensure the customers insurance is validated.
Scope of Contract
8.0 This service contract covers the fire safety equipment to which has been highlighted on the service agreement given. Therefore it is the equipment (fire alarm panel and devices, fire extinguishers, emergency lighting etc) list is not exhaustive, that is under contract with FSM and not the persons who sign the contract. Therefore if the property is sold, change owners or change of staff the equipment is still under the contract until cancelled in writing as stated under cancellation procedure. FSM reserves the right to charge a cancellation fee should the correct cancellation procedure not be followed. It is not acceptable to change the circumstances of the service contract without first contacting the company who issues the contract and allowing other companies (competitors) to take over the fire safety equipment without our knowledge or agreement. This will be breach of contract.
8.1 Under no circumstances shall FSM have any liability of whatever kind for; Any defects resulting from Wear and Tear, Accident, Improper use by the Customer or use by the Customer accept in accordance with the instructions or advice given by the Company or the manufacturer of any Goods or Services, neglect or from any instructions or materials provided by the Customer.
8.2 Any Goods that have been adjusted, modified or repaired accept by the Company’s appointed Fire Technician.
8.3 The suitability of any Goods or Services for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the company.
8.4 Any substation by FSM of any materials or components not forming part of any specifications of the Goods or Services agreed in writing by the Company.
8.5 Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by the Company contained in the Company’s catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the Goods or Services and not form part of the Contract or be treated as representations.
8.6 Any technical information, recommendations, statement or advice furnished by the Company, its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made or;
8.7 Any variations in the quantities or dimensions of any Goods or Services or changes of their specifications or substitution of any materials or components. If the variation or substitution does not materially affect the characteristics of the Goods or Services, and the substituted materials or components are of a equal quality or superior to those originally specified.
8.8 As the Contract (Service Agreement) has been signed by the Customer for FSM to supply Goods and Services in relation to the Customer’s Fire Safety for 12 months, any necessary equipment or services required (in Accordance with the British Standard Code of Practice) after the initial service has been carried out must be supplied by FSM, if not a charge of £7.50 + VAT may be levied per item.
8.8.1 If a recommendation sheet is written and the customer would prefer to go with another qualified supplier then this is their choice but we will not be held responsible for any of their actions.
Claims Notification
9.0 Any claims that any Goods or Services have been delivered damaged, are not of the correct quality, or do not comply with their description shall be notified by the Customer to the Company within 24 hours of their delivery.
9.1 Any alleged defect shall be notified by the Customer to the Company within 24 hours of the delivery of the Goods or Services or in the case of any defect which is not reasonably apparent on inspection within 24 hours of the defect coming to the Customers attention.
9.2 The Company shall be afforded reasonable opportunity to investigate any claims made under this condition and the Customer shall if so requested, in writing, inform the Company their intentions in promptly returning said Goods or Services back to the Company’s offices. The Goods or Services will be securely packed with packaging materials and carriage paid for by the Customer with an attachment letter detailing the subject of any claim and returned to the Company for examination and investigations.
9.3 The Company shall not have any liability with regard to any claim by the Customer that has been brought to the attention of the Company if the Customer has not complied with the correct claim’s procedure stated in clause 9.2 and met with these conditions.
Extent of Liability
10.0 The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or conditions of the Contract or any negligence, breach of statutory or other duty on the part of the Company or on any way out of or in connection with the performance or purported performance of or failure to perform this Contract except;
10.1.1 For death or personal injury resulting from the Company’s negligence; and
10.1.2 As expressly stated in these conditions.
10.2 If the Customer establishes that any Goods or Services have not been delivered, have been delivered damaged, are not of any correct quantity or do not comply with their description, the Company shall, at its option, replace with similar Goods or Services, or any Goods or Services which are missing, lost or damaged or do not comply with their description, allow the Customer credit for the item(s) invoice value or the repair of any Goods or Services.
10.3 If the Customer establishes that any Goods or Services are defective the Company shall, at its option, replace with similar Goods or Services or repair any defective Goods or Services, allow the Customer credit for the item(s) invoice value or to the extent that the Goods or Services are not the Company’s manufacture, assign to the Customer (so far as the Company is able to do so) any warranties given by the manufacturer of the Goods or Services to the Company.
10.4 The delivery of any repaired or replacement Goods or Services shall be at the Customer premises or other delivery point specified for the original Goods or Services.
10.5 Where the Company is liable in accordance with this condition in respect of some or some part of the Goods or Services, the Contract shall remain in full force and effect in respect of the other or other parts of the Goods or Services and no off set and effect in respect of any other or other parts of the Goods or Services and no off set or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods or Services.
10.6 No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments, alterations or other work has been done to the Goods or Services by any person except the Company.
10.7 The Company shall not be liable where any Goods or Services, the price of which does not include carriage, are lost or damaged in transit if the transit vehicle is not that of the Company’s and all claims by the Customer shall be made against the 3rd party carrier. Replacements for such lost or damaged Goods or Services will, if available, be supplied by the Company at the prices ruling at the date of dispatch.
10.8 In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of the Goods or Services.
10.9 Goods or Services supplied to the Customer cannot be returned unless the Customer obtains from the Company a returns authorisation note which will be sent via email or post once requested by the Customer. All returns will be made at the Customers risk and expense. The Company reserves the right to refuse Goods or Services returned if they are not intact in their original packaging, clean, unused, undamaged and re-saleable.
General Conditions
11.1 The Company may Sub-Contract the performance of these Terms and Conditions or the Contract in whole or in part.
11.2 The Customer shall not assign or (without first obtaining the Company’s written consent) Sub-Contract these Terms and Conditions or the Contract in whole or in part and it shall be a condition of any such consent to Sub-Contracting these Terms and Conditions or the Contract that the Customer shall;
11.2.1 Ensure and be responsible for the compliance by any Subcontractor with these Terms and Conditions or Contract.
11.2.2 Include in the Subcontract provisions consistent with these conditions for the benefit of any enforceable by the Company, and
11.2.3 Furnish the Company with copies of any such Subcontract upon the Company’s request at any time.
11.3 The Company shall have lien on Customer property that is in the Company’s possession for all amounts due at any time from the Customer and may use, sell or dispose of that said property as agent for and at the expense of the Customer and apply the proceeds in and towards the payment of such amounts on 28 days’ notice in writing to the Customer. On accounting to the Customer for any balance remaining after payment of any amounts due to the Company and the costs of sale or disposal, the Company shall be discharged of any liability in respect of the Customers property.
11.4 The Company may at its discretion suspend or terminate the supply of Goods or Services if the Customer fails to make payment when and as due or otherwise defaults in any of its obligations under the Contract or any other Contract with the Company or becomes insolvent, has had administrative receiver’s appointed of its business or its compulsory or voluntarily wound up or the Company bona fide believes that any of those events may occur, and in case of termination may forfeit any deposits paid.
11.5 If the Goods or Services are manufactured in accordance with any design or specification provided or made by the Customer, the Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
11.6 Except for any which is expressly agreed to be included in the Goods or Services, all tools, patterns, materials, drawings, specifications and other data provided by FSM shall remain its property and all technical information, patentable, copyright and registered designs arising from the executions of nay orders shall become the property of the Company.
11.7 Export terms FOC/CIF/ex works etc. The Customer is responsible for ensuring that any import regulations of the country or destination is complied with.
11.8 Where any of the Company’s employees are admitted to the Customer’s premises pursuant of the Contract, the Customer undertakes that it will take such measures as are necessary to ensure that, as far as reasonably practicable, its premises and any plant, equipment, articles or substances in such premises are safe and without risks to the health and safety of the Company’s employees. The Customer shall indemnify against all loss, claim and demands suffered by the Company as a result of any breach of this condition by the Customer.
Confidentiality
12.0 The Customer shall not at any time whether before or after the termination of these Terms and Conditions or before, during or after the Contract period divulge or use any unpublished technical information deriving from the Company or any other confidential information or business matters in relation to the Company’s affairs or business or method of carrying out its business.
12.1 The Company also ensures, in return for clause 12 that it will not and its employees will not divulge any information relating to confidential business matter, information or business related affairs that are being conducted on the Customer premises before, during or after the Contract period.
12.2 The Company also commits to treating all Customer information that is gathered during the course of its business, before, during and after the Contract period with the utmost of confidentiality. The Company will not share any information with any 3rd party in the form of marketing or any other business matters unless permission is given by the Customer to perform any networking opportunities.
12.3 The Customer must also commit on signing these terms and conditions to the same as clause 12.2 and only share the Company information that is in the public domain if recommending the Company and its Goods or Services or through networking opportunities with other businesses in the form of creating new business opportunities.
12.4 All Customer details, information and account details that are gathered will be secured on the Company database with all the necessary security arrangements such as password protection etc and will ensure that the only access to such information is that of the Customer’s appointed account manager and senior management. Access to Customer details will not be shown freely throughout the Company’s offices and only limited employees will have access.
12.5 All employees of the Company receive training in handling sensitive customer data and are instructed to sign on induction to the Company a Confidentiality Agreement which includes Details of all the Company’s Customers.
12.6 The Company and its employees take the Data Protection Act seriously and aim to work towards the British Standard BS7799 in Information Security.
12.7 Any information and data provided by the Customer to the Company and used by the Company directly or indirectly in the performance of the Service Agreement shall remain at all times the property of the Company and it shall be identified, clearly marked and recorded as such by the Company on all media and in all documentation.
12.8 FSM shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of the Customer data and information.
12.9 In the termination of this Agreement the Company shall when directed to do so by the Customer, and instruct all its agents and subcontractors to, erase all information and data provided by the Customer and all copies of any part of the information and data provided from the Company’s systems and magnetic data.
12.10 The Company agrees to comply and have adequate measures in place to ensure that their employees comply at all times with the provisions and obligations contained in (as amended from time to time):
12.10.1 The Data Protection Act 1998
12.10.2 The Consumer Protection Distance Selling Regulations 2000
12.11 All personal data acquired by the Company from any reference agency shall only be used for the purposes of this agreement and shall not be further processed or disclosed without the consent of the Customer.
12.12 Nothing in this Agreement shall oblige the Customer to disclose any information to the Company if it is of the view that to do so would be a breach of the Data Protection Act 1998.
Cancellation
13.0 It is very important that the Customer understands the Cancellation Procedure for the Goods and Services as due to the sensitivity of Fire Safety and the pre-planned maintenance schedule that the Company operates by it is essential that the Customer understands the correct procedure to follow;
13.0.1 The Initial Contract period of the Service Agreement is for 12 months / One Year from the first Service Date or visit to Customer premises to carry out the agreed work, whichever is latest.
13.0.2 The Company works on a rolling Contract unless the Service Agreement is cancelled within the specified time period.
13.1 Specified Time Period for Cancelling the Service Agreement for any Work, including but not limited to Servicing of the Fire Extinguishers, Fire Alarms and Emergency Lighting is 3 Full Month’s (90 days) before the Service Agreement is due to be renewed again in the following year, this is usually the 9th month of the service agreement. If the service agreement covers multiple properties, then the cancellation at the 9th month of the agreement will cover them all. For example, if your Service Agreement ends in January then you need to cancel in writing at the end of September. In writing, can include email or letter but no verbal cancellations will be permitted, and you will be asked to confirm in writing before the stated deadline.
13.2 Should no cancellation be given to the Company in writing 3 months before the Service Agreement ends then the Company is within its rights to continue with the necessary Service as per the work that was carried out in the previous year.
13.3 If the Customer refuses to allow the Company’s employees access to their premises to carry out such work or cancels after the 3-month time period then the Company is within its rights to invoice the Customer the total amount of the invoice from the previous year whether the Customer needs the said work carried out or not and this will be the cancellation fee. If the customer was a new installation order in the previous year and the invoice was substantially more than the years’ service, then at the discretion of FSM Ltd a fair amount will be decided but this is at the total discretion of senior management at Fire Safety Managers Ltd.
13.4 Orders that are placed for stock items or Goods of any kind may be cancelled, in writing, at any time before the Goods are allocated to the Customer by the distribution team. Generally the despatch team will arrange the items for delivery within 2 hours of receiving the order and the Goods will be placed to the courier within 24 hours. Therefore it is necessary for the Customer to cancel the order for Goods, in writing, within 24 hours of the order.
13.5 If the written cancellation from the Customer is received by the Company after the 24 hours period and the Goods are with the Courier then a packaging and handling charge will be payable by the Customer so arrangements with the Courier can be made to return the Goods to the Company’s premises.
13.6 If the Goods have been delivered to the Customer and the Customer changes their mind and decides to cancel the order within 24 hours of delivery then the Customer is liable to pay all costs and expenses incurred to the Company and must return the Goods to the Company at the Customer’s own expense.
13.7 Once the Goods have been delivered to the Customer and have been installed on the Customer premises carrying out its intended Fire Safety purpose then unless the Goods are as per clause 9 the Company will not accept return of such items as they are not unused or resalable.
13.8 If the Service Agreement covers more than one building and / or is a multisite customer then the Service Agreement covers all individual sites and therefore cancellation notice will need to state all individual buildings as being cancelled. FSM has the right to invoice the previous year’s invoiced amount on each and every building within the multisite portfolio and not limited to the main building addressed on the Service Agreement.
Force Majeure
14.0 The Company will do all that is reasonably practical to carry out its commitments, however the Company shall not be liable for any delay, or other failure to perform any part of the Contract, as a result of any factor outside of FSM’s control, whether an Act of God or otherwise.
Governing Law
15.0 These Terms and Conditions shall be governed by and constructed in accordance with the Laws of England and Wales.
These Terms and Conditions clearly state the conditions of Contract and it is the Customer’s responsibility to read and ensure they are understood.
