Terms and Conditions – Maintenance

1.Company Obligations & Maintenance Charge

The customer shall pay the Maintenance Charge and in consideration thereof Chris Lewis Fire & Security shall provide Service.

(a) Service Chris Lewis Fire & Security shall

(i) Monitored Systems on two occasions per annum carry out routine maintenance of the System; Audible Only on one occasion per annum carry out routine maintenance of the system as detailed in the schedule to the handbook supplied by Chris Lewis Fire & Security to the Customer.

(ii) And respond to requests of the Customer for maintenance of the System. Chris Lewis Fire & Security undertakes to use all reasonable endeavours to respond to any such request for maintenance on the same working day or between 9am and 5pm on the next working day if such request is made after the said 10am.

(b) The Maintenance Charge

(i) Shall not include the price of any renewed or replacement parts, wire batteries or other materials except within the guarantee period.

(ii) Shall include labour costs incurred by Chris Lewis Fire & Security pursuant to Clause 1 (a)(i) above but shall not include any labour costs whether incurred by Chris Lewis Fire & Security pursuant to Clause 1 (a)(ii) above or for any other reason.

(iii) The Maintenance Charge is subject to alteration from time to time and inflationary rises.

(iv) The Maintenance Charge is exclusive of VAT

(v) The Customer shall pay to Chris Lewis Fire & Security maintenance charged annually in advanced when invoiced.

2. Customer Obligations

The Customer shall throughout the currency of this agreement:

(a) When requisite at the Customer's own expense provide a supply of electricity for the System.

(b) Afford to Chris Lewis Fire & Security its servants and agents reasonable access to the premises during normal working hours to enable Chris Lewis Fire & Security to perform its responsibilities hereunder.

(c) Obtain and pay for all necessary licenses, consents and permissions for the installation and operation of the System.

(d) Not adjust reset, repair, alter or interfere in any way whatsoever with the system or any part thereof, nor allow or permit any third party to have access thereto for any such purposes or otherwise other than as expressly permitted in the operating manual supplied by Chris Lewis Fire & Security.

(e) Use and operate the system with proper care and in such manner as to preserve the proper and efficient working thereof.

(f) Promptly notify Chris Lewis Fire & Security by telephone (confirming forthwith such notification in writing) of any defect appearing in the System or of any maintenance that appears to be necessary and permit and assist Chris Lewis Fire & Security at its option to take such reasonable steps as Chris Lewis Fire & Security thinks necessary to remedy any such defect or make any such maintenance.

(g) Promptly notify Chris Lewis Fire & Security by telephone (confirming forthwith such notification in writing) of any structural alteration to the premises or of any alteration to the layout of the premises or to the telephone installation thereof, or of major movements of stock on the premises affecting the proper operation of the system.

(h) Promptly notify Chris Lewis Fire & Security by telephone (confirming forthwith such notification in writing) if the system requires resetting.

(i) Notify Chris Lewis Fire & Security no later than 1 working day by telephone for a cancellation of an agreed appointment. Chris Lewis reserve the right to charge an abortive visit charge of £80.00 + VAT for any missed appointments not of the company's fault.

(j) The Customer shall carry out any necessary maintenance or remedial works to prevent unnecessary false alarms; for example, fixing flapping material, removing cobwebs, trimming shrubs, clearing litter, moving lighting or carrying out other maintenance tasks and as may be required by Chris Lewis from time to time.

(k)    The Customer shall take all reasonable precautions to minimise the risk of loss.

(l)    The Customer acknowledges that the Monitoring Service is not intended to, nor is it capable of, preventing loss damage or injury arising from 'smash and grab' raids or other similar types of incidents at the Monitored Premises.

(m)    Where it is agreed that the Customer will provide lighting to the monitored Premises the Customer shall maintain such lighting system in good working order to the reasonable satisfaction of Chris Lewis and in any event to a standard which will enable the Equipment to display an adequate picture of the Monitored Premises.

(n)    The Customer will allow Chris Lewis to maintain the Equipment at any time and to enter the Monitored Premises for this purpose or to collect the Equipment on the termination of the Contract.

(o)   In the event of any incident the Customer will notify Chris Lewis of any information as soon as possible or within 4 days of the event.

(p)   The customer must maintain a constant power supply to the system where required, failure to do so may result in additional charges being made. This may also affect the performance of the system and effect overall service.

(q)    The customer provides contact details for a key holder to this site who can respond within 20 minutes (as per ACPO guidelines).

3. Telephone Lines

(a) The Customer agrees where applicable to apply forthwith to the appropriate telephone authority for and to permit the immediate provision and fitting of equipment required for the connection of the system to telephone apparatus and the Customer shall enter into and observe such agreement (if any) as such telephone authority may require and shall such telephone authority be deemed to be the agent of Chris Lewis Fire & Security and Chris Lewis Fire & Security shall not be liable for any delay, damage or failure caused or attributable to such telephone authority in the installation, adaptation, modification or alteration of the said equipment.

(b) The Maintenance Charge payable under this Agreement does not include any line rental charged by such telephone authority in respect of any telephone line connection. Any telephone line connection charge and/or line rental shall be the responsibility of the Customer. (If Chris Lewis Fire & Security shall render an invoice to the Customer for such charge and/or line rental then Chris Lewis Fire & Security shall be entitled to charge an additional ten per cent (inclusive of VAT) of the amount payable as an administration fee.

(c) Chris Lewis Fire & Security agrees to advise the Customer of any need that may arise to install any telephone lines where such need becomes know to Chris Lewis Fire & Security.

4. Payments

Any payments by the Customer under this Agreement shall be made in full and without deduction within 14 days of date of invoice.

In the event of any such payment (or part thereof) being outstanding after the date for payment thereof Chris Lewis Fire & Security shall not whilst such payment (or any part thereof) remains outstanding be obliged to carry out any of its responsibilities hereunder.

5. Additional Work

Any work other than that undertaken by Chris Lewis Fire & Security pursuant to Clause 1 above, including without limitation any alteration or extensions to the System which are either necessary or are requested by the Customer, shall be outside the scope of this Agreement and may be provided by Chris Lewis Fire & Security on and subject to the terms to be agreed between Chris Lewis Fire & Security and the Customer.

6. Additional Charges

Chris Lewis Fire & Security shall charge for the costs of all rendered or replacement parts wires batteries and other materials and all labour costs at prices determined in accordance with Chris Lewis Fire & Security's schedule of rates from time to time in force save to the extent that any such costs are included in the Maintenance Charge pursuant to Clause 1 above. Payment of any such additional charges shall be made in accordance with Clause 4 above.

7. Duration

This agreement shall take effect upon the date hereof and shall (subject to termination as provided hereunder) be for an initial term of one year thereafter to continue automatically from year to year unless at least 3 months' notice of termination is given by either party to the other. Upon termination of the agreement the customer may pay our standard, non-contract callout charges plus travel for our engineer to reset the service access codes to default. We expect the lead time of this request to be between 5-7 working days. If your system is on our cloud service system we will release this and provide you details to transfer to another security provider.

8. Liability and Efficacy

(a) Chris Lewis Fire & Security is not an insurer of the premises the property or the persons thereon which the system is installed to protect. Chris Lewis Fire & Security's charges are not related to the value of the premises or the property in or on the premises which the Customer alone is able to ascertain. The Customer is accordingly advised to keep comprehensively insured against all risks such premises and property (and persons in or on the Premises) and Chris Lewis Fire & Security shall subject as herein provided bear no responsibility in relation thereto and the Customer shall hold harmless indemnity and keep indemnified Chris Lewis Fire & Security against any and all claims actions costs or liabilities which may be brought against Chris Lewis Fire & Security or incurred by it in relation therewith.

(b) If any defect in the quality nature or condition of parts or materials supplied hereunder or in the event that any failure of such parts or materials to comply with Chris Lewis Fire & Security's specification and/or description therefore shall be discovered within one year of the date when such parts or materials supplied by Chris Lewis Fire & Security, Chris Lewis Fire & Security's sole responsibility shall be to repair or replace any such parts or materials found to be defective by reason of faulty material or workmanship or failure to comply with such specification and/or description without charge provided that:

(i) the system had been properly used and operated by the Customer in accordance with instructions given by Chris Lewis Fire & Security to the Customer in the use of the system the terms of this Agreement and generally accepted practices and

(ii) a claim in writing shall have been received by Chris Lewis Fire & Security from the Customer within 28 days of discovery of such a defect or failure.

(c) If in the course of the provision of its service hereunder damage to the system is directly caused thereto by the negligence of Chris Lewis Fire & Security its servants or agents Chris Lewis Fire & Security's sole responsibility shall be to repair or rectify such damage to the system without charge to the Customer. Chris Lewis Fire & Security shall not be liable for any damage to the premises (including any fixtures or items therein) arising from the provision of it's services hereunder unless it is established that the same was directly attributable to the negligence of Chris Lewis Fire & Security it's servants or agents and the same could have been reasonably avoided. Notwithstanding the above the Customer agrees and confirms that Chris Lewis Fire & Security shall not whether for negligence breach of contract misrepresentation or otherwise be liable for any loss or damage to the premises or property therein or thereon caused by burglary breaking and/or entering theft robbery malicious damage riot or commotion or any unauthorised entry by reason of a failure of the system (or any part thereof) as installed to correspond with it's description or by reason of any failure to transmit appropriate signals.

(d) If notwithstanding the above there should arise any liability on the part of Chris Lewis Fire & Security in relation to this Agreement (or any part thereof) whether for negligence breach of contract misrepresentation or otherwise such liability shall (subject to Clause 8 (g) below) under no circumstances whatsoever exceed twenty times the Maintenance Charge paid by the Customer in respect of the then current operational year of this Agreement (except in the circumstances defined in Clause 8 (e) below.) The Maintenance Charge is determined on the basis of this limit or liability.

(e) If the Customer wishes to increase the maximum amount of Chris Lewis Fire & Security's limit of liability specified in Clause 8(d) above the Customer may request of Chris Lewis Fire & Security a higher limit of liability and Chris Lewis Fire & Security may (without being under any obligation so to do) agree to such higher limit of liability upon payment of such additional amount as Chris Lewis Fire & Security shall require to obtain the appropriate insurance cover therefore. The Customer shall in such case disclose such information as Chris Lewis Fire & Security's insurers may require.

(f) Chris Lewis Fire & Security shall not under any circumstances whatsoever (whether for negligence, breach of contract misrepresentation or otherwise) be liable for any indirect or consequential damage or loss or loss of profit.

(g) Not withstanding any of the foregoing provisions Chris Lewis Fire & Security accepts liability for personal injury and/or death due to the negligence of Chris Lewis Fire & Security its servants or agents.

(h) The Customer undertakes.

(i) to give written notice to Chris Lewis Fire & Security within a reasonable time and in any event within 14 days of any occurrence which might give rise to a claim by the Customer against Chris Lewis Fire & Security hereunder.

(ii) to give Chris Lewis Fire & Security in writing full details of such occurrence as soon as the same can be reasonable ascertained.

(iii) to allow Chris Lewis Fire & Security and Chris Lewis Fire & Security's insurers every facility to investigate such occurrence. (iv) to submit any claim against Chris Lewis Fire & Security arising out of or in connection with such occurrence in writing within 30 days thereof. Failure of the Customer to comply with these undertakings shall absolve Chris Lewis Fire & Security from any liability in connection with such occurrence but is without prejudice to any right of Chris Lewis Fire & Security in relation to any breach by the Customer of any such undertakings.

9. Provisions

None of the provisions herewith contained shall affect any overriding statutory rights which a person dealing as a consumer (as defined in the relevant legislation) may have.

10. Assignment

Chris Lewis Fire & Security shall be entitled to assign or transfer to any party any or all of it's rights or obligations hereunder including without limitation the performance of its obligations by sub-contractors and the Customer hereby consents thereto.

11. Termination

(a) Upon the occurrence of any of the following events this Agreement shall automatically and without notice determine:

(i) if any process of execution distress of seizure shall be levied on or due against any of the Customer's real or personal property.

(ii) if the Customer (being a company) shall pass a resolution for winding up (unless such winding up shall be for the purpose of amalgamation or reconstruction previously approved in writing by Chris Lewis Fire & Security) or shall have a petition for winding up presented against it or if a receiver shall be appointed over it's assets or undertaking or any part thereof or if it stops payment or if suffers or taxes any analogous action in consequence of debt or insolvency.

(iii) if the customer shall commit an act of bankruptcy or have a receiving order made against him or enter into any agreement with his creditors or if (being an individual) shall die.

(b) Chris Lewis Fire & Security may terminate this Agreement forthwith upon giving written notice to the Customer at its above mentioned address or at its last known address if the Customer shall be in breach hereunder and such breach shall not have been remedied within 10 days of notice requiring such remedy being served. The termination of this Agreement pursuant to clause 11(a) and/or (b) above shall be without prejudice to any rights of Chris Lewis Fire & Security. The Customer shall forthwith upon such termination pay to Chris Lewis Fire & Security any monies then owing to Chris Lewis Fire & Security under this agreement, it being understood that Chris Lewis Fire & Security shall immediately be entitled to and the Customer shall have no right of set-off against the full amount of any maintenance charge which would have been payable had this agreement continued to the earliest date on which the Customer could have terminated this Agreement by notice.

12. Waiver

Failure by Chris Lewis Fire & Security to exercise to enforce any of its rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.

13. Variation

This Agreement shall not be varied unless such variation is evidence in writing and signed by duly authorised representatives of both parties hereto.

14. Status

In the event of two or more persons constituting the Customer the obligations of such persons shall be joint and several.

15. Notices

Any notice sent hereunder shall be deemed to have been duly given if sent by prepaid first class post, telex or telegraph addressed to the party concerned at its place of business mentioned overleaf or last known address.

16. Force Majeure

Chris Lewis Fire & Security shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of Chris Lewis Fire & Security being delayed, prevented or hindered in the performance of its obligations under this Agreement by reason of any circumstances beyond it's reasonable control including but not limited to Acts of God, War, Riot, Strike, Lock Out, Trade Dispute or Labour Disturbance, Accident, Breakdown of Plant or Machinery, Fire, Flood, Difficulty or Increased Expense in Obtaining Materials or Transport or by any other circumstances whatsoever outside the reasonable control of Chris Lewis Fire & Security.

17. Governing Law