Welcome to Guardian Fire & Safety. The Terms & Conditions set out below (Last Updated 23rd February, 2016) are the grounds upon which we will provide our services to you.
In these Conditions the following expressions have the meanings assigned next to them:
|Agreement||a) the Conditions, the Quotation, the Specification, the Customer’s order for the agreed System, and the Company’s acceptance in writing.
|Guardian System||b) the system or equipment described in the Quotation and/or the Specification.|
|Company||c) Guardian Fire & Security
|Customer||d) the person/organisation named in the Quotation and/or Specification|
|Normal||e) 09:00-17:00 hours (Monday-Friday) except for public holidays
|Premises||f) the postal address (or installation address if different) set out in the Quotation
|Quotation||g) the Company’s written terms of supply for the Guardian System
valid for 30 days from date of issue unless otherwise stated
|Specification||h) the Company’s specification for the Guardian System
|Warranty||i) 12 months from the date of completion of installation unless a Guardian System is sold on a supply only, or supply and commission basis, in which case the warranty is 12 months from the date of delivery
2. WORKING CONDITIONS
a) Installation, commissioning, repairs under warranty and routine maintenance will be carried out during Normal working hours, although it may be necessary to work outside those hours. Unless otherwise specifically agreed the Company does not carry out extraneous work, making good, redecoration, carpet laying, building or carpentry work, etc.
b) The Company reserves the right to charge for work carried out outside Normal working hours, or alteration to the Specification required by the Customer or interruption or delays caused by the Customer, its employees, agents, customers or other trades during installation or commissioning.
3. THE CUSTOMER’S OBLIGATIONS
The Customer shall comply with the following obligations:
a) Obtain and pay for all consents, which are required for the installation of the Guardian System including, for example, listed building consent for the erection of equipment.
b) The Customer shall give to the Company access to the Premises at all reasonable times to enable the Company to carry out its obligations without interruption.
c) Advise the Company of the existence of concealed pipes, wires and cables for water, gas, electricity, telephone or other services affecting the Premises of which the Customer is aware and confirm the location of such services to the Company’s technician before work commences.
d) Accept delivery of and assume all risks of the Guardian System upon and from delivery of it to the premises. In the event that the Customer fails to accept delivery of the Guardian System (or any part thereof) on the date of delivery, the Company shall be entitled to place the same in bond and the Customer shall pay the cost thereof against the Company’s invoice. Ownership of the Guardian System remains with the Company and shall not pass to the Customer until the Company shall have received payment in full of the charges set out in the Quotation.
e) The customer shall designate one point of contact to which queries/updates may be directed by the Company.
f) Notify the Company within 3 working days of any discrepancy in delivery and order and/or of any goods damaged in transit.
g) Obtain Company approval prior to the return of any goods. On approval an RGA (Return Goods Authorisation) will be issued by the Company which must be completed and returned with the goods. The cost of returning the goods must be borne by the buyer.
h) Notify the Company of any changes, which affect or may affect the layout and/or operation of the Guardian System.
i) Notify the Company immediately if a defect appears in the Guardian System during the Warranty Period and permit the Company to take such steps, as it shall consider necessary to remedy such defect.
j) Pay to the Company upon receipt of the Company’s invoice, the Company’s charges set out in the Quotation without deduction or set off and within the timeframe set out in the Customers credit terms.
k) Indemnify the Company against all liability, which shall include all damages, costs and expenses suffered by it which results from:
i. death or injury to any employee, agent or subcontractor of the Company resulting from or in connection with the negligence of the Customer, His employees, agents or licensees or from breach by the Customer, his employees, agents or licensees, of his statutory duty under the Occupiers Liability Act 1957 or other statutory re-enactment from time to time in force; and
ii. loss of or damage to any property of the Company, its employees, agents or subcontractors resulting from or in connection with the negligence of the Customer, his employees, agents or licensees; and
iii. any action brought by a third party resulting from or in connection with any negligent act or omission of the Customer, his employees, agents or licensees.
4. THE COMPANY’S OBLIGATIONS
The Company shall comply with the following obligations:
a) Supply and/or install and/or commission and/or maintain the Guardian System within a reasonable time of the date of acceptance of the Quotation or as otherwise agreed by the Company in writing.
b) Make good by repair or at the Company’s option by the supply of a replacement, defects in the Guardian System which are notified to the Company in writing during the Warranty Period provided such defects are due to the Company’s faulty materials or workmanship or the Guardian System not being in accordance with the Quotation and/or Specification. If the Guardian System has become defective for any other reason, such as accidental damage or failure by the Customer or his employees or agents to install, operate, service or maintain it in accordance with the operating instructions, relevant Irish Standards or relevant Codes of Practice, then these defects will not be covered by this warranty. This warranty is in addition to and does not affect the Customer’s statutory rights.
c) Assume professional and technical responsibility for its performance which will be in accordance with Irish Standards 3218:2009 Fire Detection & Alarm Systems for Buildings.
a) Prompt payment is essential. If the Customer fails to make any payment on its due date or if the Customer fails to comply with any of its obligations set out in the Agreement then the Company may suspend delivery of the Guardian System (or any part of it), and/or defer commissioning of the Guardian System and/or by 7 day’s notice in writing terminate the Agreement.
b) The Company, if it shall terminate this Agreement by reason of the Customers default under condition 5 (a) above, shall have the following rights :
i. to repossess the Guardian System or any part of it and to remove the same from the Premises or other premises where it is kept. If the Company is denied access to such place in breach of the Agreement, the Customer shall deliver the Guardian System immediately to the Company’s branch address.
ii. to recover from the Customer all amounts due under the Agreement but unpaid, up to the date of termination, including all expenses incurred in repossessing the Guardian System.
c. The Company reserves the right to determine the method of dispatch. Additional costs arising from delivery must be borne by the buyer.
d. The Company reserves the right to dispatch orders in part.
e. The Company reserves the right to charge interest on any sum due to the Company and not paid on the due date at the rate of 3% per annum above the base rate of the AIB Bank from time to time compounded monthly on all amounts overdue until payment, such interest to run from day to day and to accrue after as well as before any judgement. The Company reserves the right to apply a penalty interest if payments are not made within the 30 day credit period unless otherwise agreed. Late payment interest will be calculated on a daily basis in accordance with the ECB main refinancing rate plus the margin of 7% as per 2002 regulations.
f. Following completion of the installation/commissioning of the Guardian System the Company, on receipt of payment, will issue to the Customer its handover certificate stating the installation completion date, and such certificate shall be conclusive evidence of such completion.
g. The conditions of warranty shall be:
i. The system must be maintained regularly in line with current standards.
ii. Warranty shall be immediately invalid should the work be carried out by a Company other than Guardian Fire and Security before final handover.
iii. During the warranty period should servicing be carried out by a Company other than Guardian Fire and Security then it shall not be the responsibility of Guardian Fire and Security to uphold the warranty period.
iv. Warranty shall be null and void if the system is maintained by a Company other than Guardian Fire and Security and who provide additional equipment to the system.
h. The Company reserves the right to issue interim invoices in respect of any materials delivered/work carried out under the Agreement and the Customer shall pay such invoices immediately upon receipt.
i. The Company may perform any of its obligations under the Agreement through subcontractors.
j. The Company reserves the right to alter the Specification to effect improvement or because of difficulties in obtaining supplies provided that such alterations shall not adversely affect the performance of the Guardian System. Any such alteration to the Specification will be notified to the Customer in writing.
k. Any failure by the Company to perform any of its obligations by reason of any cause beyond the reasonable control of the Company, shall not be deemed to be a breach of the Agreement.
l. The Agreement and the documents referred to in it cancels all prior agreements (whether written or oral) between the Company and the Customer relating to the Guardian System and contains the complete and exclusive agreement between the Company and the Customer.
m. The Customer acknowledges that in agreeing to enter into the Agreement it has not relied on any representation, warranty or other assurance except those set out in the Agreement or any other document referred to in the Agreement.
n. No waiver of any breach of any provision of the Agreement shall be considered a waiver of any other or subsequent breach of the Agreement.
o. Rights and remedies which are available under the agreement (or at law), are not mutually exclusive, so that the exercise of one or more of them is no bar to the exercise of any others at a later date.
p. In the event that any provision or any portion of any provision of the Agreement shall be held invalid, illegal or unenforceable the remainder of the Agreement shall remain valid and enforceable.
q. Any notice required to be given hereunder shall be sufficiently given if properly addressed and sent by post to, in the case of the Company, its principal address specified in the Quotation and, in the case of the Customer, its last known address.
r. The Conditions form an integral part of each Agreement for the supply of the Guardian System and any terms and conditions contained in or referred to in the customer’s order for the Guardian System shall not bind the company unless expressly agreed by the Company in writing. If there is any conflict between the Conditions and any other document comprising the Agreement, then the provisions of the Conditions shall prevail.
s. The Agreement shall be governed, construed and take effect in accordance with the laws of Ireland and all disputes arising in connection with the Agreement shall be subject to the non-exclusive jurisdiction of the Irish courts.
t. Where possible an agreement stating the stages of payment should be made prior to any work and /or equipment being delivered to the customer, failing this the company reserves the right to withhold final delivery of the equipment.
6. CREDIT POLICY
Credit terms shall be set down by the Company as follows :
i. For new accounts, payment will be required in advance of commencement of any works or dispatch of goods.
ii. Other than those outlined in (i) above and subject to credit approval, payment shall be received no later than 30 days from the date of issue of the relevant invoice, unless otherwise agreed in writing between the companies accounts department and the customer.
iii. In the event that the agreed credit limit is exceeded then payment terms shall be Net 14 days unless otherwise agreed in writing between the companies accounts department and the customer.
iv. The company may contact the customer in relation to payment on the account via telephone.
v. In the event that an outstanding account is not settled within the timeframes set out in (ii), the company shall invoke the following :
a) Issue a reminder letter requesting payment immediately
b) Should payment still be outstanding a 7 days final notice will be issued.
c) Failure to pay on receipt of a 7 days final notice will result in the overdue account being referred to a third party for collection.
vi. All overdue accounts will be placed on hold and the following services/supports will be withdrawn:
a) Servicing: No servicing or routine maintenance shall take place until the account has been paid in full.
b) 24H Telephone Support: Technical support will not be available in relation to ANY problems which may arise.
c) Stock: No stock will be dispatched.
d) Certificates: No certificates will be issued.
vii. In the event that an account is continuously late in making payments, the company reserves the right to withdraw all credit facilities and future supply shall be on a payment in advance/receipt of goods basis.
viii. The company will accept the following methods of payment:
b) Cheque/Bank Draft
c) Bank Transfer
e) Laser Card
NOTE: Please note all communication re: accounts must be made with the accounts department
7. SERVICE AGREEMENT PERIOD
12 months unless otherwise stated, continuing thereafter unless terminated by not less than three months notice in writing, given by either party to the other, expiring at any time after the minimum period indicated.
The Company reserves the right to change these terms and conditions from time to time without prior notice. It is your responsibility to regularly review the terms and conditions for any amendments or updates. By continuing to avail of our services you agree to be legally bound by the terms and conditions as updated/amended.
Guardian Fire & Safety, Support Office, Bosheen Road New Ross, Co. Wexford Y34 XD34