Terms & Conditons 

May 2023

 KNIGHT SECURITY & FIRE LIMITED

Terms and Conditions

These Terms and Conditions ("Conditions") set out the basis on which KNIGHT SECURITY & FIRE LIMITED as KNIGHT SECURITY & FIRE LIMITED will provide our equipment and services.

1.Definitions.

a) ‘KNIGHT SECURITY & FIRE’ "we", "us" or “our” means KNIGHT SECURITY & FIRE trading as KNIGHT SECURITY & FIRE LIMITED (registered company number (14836926) and ‘us’

b) ‘Customer’ means the person or firm who purchases the Equipment and/or Services from us.

c) "Commencement Date" has the meaning set out in clause 3.3.

d)"The Installation Date" is the date when the installation of the alarm system is completed by the Company notwithstanding the works that remain to be carried out by the communications provider. or the Customers contractors. The date that the client had effective. use of the system and/or the Company's certificate as to the installation/takeover date shall be conclusive evidence thereof.

e)"The Contract Period" means the period from the Installation Date until the termination of this Agreement In accordance with Condition 17.

f)"This Agreement" means the Agreement between the Company and the Customer concluded by the Acceptance of the Quotation and comprises The Specification, The Quotation, The Acceptance and these Terms and Conditions.

g)"The Premises" means the premises stated in The Quotation in which the Alarm System is or is to be installed.

h) “you" or “your” means the person who purchases the Services or Equipment from KNIGHT SECURITY & FIRE LIMITED

2. The Basis of the Quotation.

1.Before you place an Order, you should read these Conditions carefully and make sure the Proposal and the Order is complete and accurate. If you think that there are any mistakes in the Proposal, you should contact. us to discuss matters.

2.When you submit the Order, this does not mean that we have accepted it.

3.The Order will only be accepted when we contact you to tell you that we are able to provide the Equipment and/or Services. At this point and on this date (the "Commencement Date") the Contract will come into existence and these Conditions will be binding on you and us.

4.The images, descriptions and hyper-links of our Equipment and Services on our website and other advertising materials are for illustrative purposes only and, although we make every effort to be accurate, your Equipment and/or Services may differ in some respects, including dimensions.

5.We can make changes to these Conditions from time to time to reflect any changes in Legal Requirements. If we change these Conditions, we will notify you. We can make changes to these Conditions from time to time to reflect any changes in Legal Requirements. If we change these Conditions, we will notify you.

6.Where the Equipment includes the ability to remote control that Equipment via a mobile application software (“App”), the App is supplied to you by Pyronix Limited (“Pyronix”) and your use of the App shall be governed by Pyronix’s end user licence agreement for the App, including where applicable Pyronix’s additional terms governing access to the Pyronixcloud service and we shall have no liability to you arising from your use of the App or the Pyronixcloud service.

7.Ownership of the Equipment shall not pass to you until we receive payment in full (in cash or cleared funds) for the Equipment, or the Installation Services (if applicable).

8.The Quotation is based on us being given unrestricted reasonable access to the Premises throughout normal working hours (08.00 –16.30. Monday to Friday), and on the Installation being carried out continuously and in accordance with the company's working procedure.

9.We shall be entitled to a reasonable extra charge in addition to the installation Fee In the following circumstances. If:

(a)If our employees or contractors are prevented from having unrestricted reasonable access to your premises during normal working hours.

(b)The work of installation is impeded by any stoppage or delay on the part of your or any contractor engaged by or for you.

(c)That we must depart from normal working procedure for any reason reasonably outside its control.

(d)Any variation or additional work to that set out in the Specification is requested by you.

(e)Work is carried out at your request out of normal working hours.

3. Installation Requirements.

1.You are to provide us at your expense an electrical supply terminated in a non-witched fused spur outlet. The outlet must be sited adjacent to the items in the Specification requiring a mains electricity supply and are to always remain “live”.

2.That you undertake to give our representatives unrestricted reasonable access to the Premises and to comply with any reasonable request to facilitate the Installation and testing of the system or equipment.

3.That you shall secure the provision of the necessary communication services and ensure that the services terminate adjacent to the Signalling/Alarm Transmission Equipment as detailed in the Specification in advance of the installation commencing. You are to ensure that the communication services are satisfactory and compatible with the system and equipment.

4.You are to make such arrangements and enter into such agreements with the communications supplier or other authorities as may be necessary for the provision and maintenance of communication services, wiring and terminal wiring and connections and pay all sums due and comply with obligations incurred by virtue of such arrangements or agreements.

4. Works Involving Existing Equipment.

Where the Alarm System is to be fitted to or to work in conjunction with any existing equipment or system, you are responsible for ensuring, if necessary, by replacement or repair that the existing equipment or system is in full working order from the commencement of the work of installation until the Installation.

Date. Where we are taking over for maintenance and/or monitoring from another installer/maintainer you are required ensure that any control equipment that may be ‘locked’ is ‘unlocked’ and that any ‘Cloud’ service is released to us and that any monitoring service is either cancelled or transferred to us.

5. Payment of the Installation Fee, App Fee, and Maintenance and Monitoring Fees.

1.You shall pay the Installation fee as follows:

(a)One half on Acceptance of the Quotation, which shall be paid by way of deposit. The deposit is non-refundable unless the proposed works are cancelled by us or if your order is not accepted.

(b)The balance on the Installation Date without deduction.

(c) We do not permit you to apply a retention or main contractors discount (MCD)

2. You shall pay the maintenance, App fee, as applicable (plus any increase payable under Condition 13) annually in advance, the first payment to be made on the Installation Date. This fee is non-refundable.

6. Use of the Alarm System

1. You are responsible for assigning key holders for the premises who are always available and notifying us and any relevant authority of the keyholders names and contact details. Any changes of Key holders shall be notified in writing to us immediately.

2. You shall use and operate the Alarm System with reasonable care in accordance with our written instructions, copies of which are available upon request.

3. You shall not in any way whatsoever adjust, alter, or interfere with the Alarm System or allow anyone else to do so.

4. You shall ensure that no one other than us will have access to the Alarm System or test or inspect it.

5. You shall not in any way whatsoever alter or move from Its original position any part of the Alarm System or allow the equipment to be altered, moved, or interfered with by anyone other than us.

7. Repairs and Alterations.

1. You shall immediately notify us personally or by telephone of any fault or defect appearing In the Alarm System and shall us to take any steps it considers appropriate for the repair the alarm system.

2. On and after the attendance of our employee, agent, representative or contractor following or resulting from the notification of any fault or defect in the Alarm System you shall not rely on the Alarm System being operational until you have received a written confirmation from us confirming that the fault or defect in question has been remedied.

3. You shall give us at least 14 (fourteen) days written notice of any proposed alteration, whether internal or external to the structure, arrangement, or decoration of the Premises and of any alteration of the communications installation or service affecting the Alarm System.

8.Additional Costs. You shall pay us on demand:

1. The cost of any works to or materials or equipment for the Alarm system which the Company may consider to be required because of any alteration whatsoever (whether external or Internal) to the structural arrangement or decoration of the Premises.

2. The cost of any work to or materials or equipment for the Alarm System required because of any damage to it or to the Premises howsoever caused.

3. The cost of any repairs to or replacements of the Alarm System or any part of it (including batteries) caused by wear, tear, or deterioration after the period of 12 (twelve) months from the Installation Date.

4. The cost of any alteration to or replacement of any part of the Equipment (in whole or in part) which the Company considers to be necessary or desirable to comply with any legal requirement or any provision or any recommendation or to improve the effectiveness of the Alarm System.

5. You shall be liable for costs incurred because of emergency calls or the subsequent withdrawal of Police/Fire Brigade attendance to the premises following an activation of the Alarm System.

9. General Permission to the Company.

You shall permit us and shall ensure that all necessary permissions are given to us to enter the Premises and to have unrestricted reasonable access to them during normal working hours for the purpose of enabling us to do all such things as we are obliged, entitled or at liberty to do under this Agreement or which are contemplated by It.

10. Non-Assignment of the Customers Rights.

Your rights under this Agreement are not assignable or transferable or transmissible but are personal to you.

11. Assignment of the Company's Rights and Sub-Contracting.

We may assign all or any of its rights under this Agreement and we may perform any of our obligations through contractors.

12. Repairs and Maintenance.

1.During the period of 12 (twelve) months from the Installation date we will carry out at our own expense any repairs required to the Alarm System. You are to inform us by telephone if repairs are required. This excludes any parts of the Alarm System Installed before the Quotation.

2.We will carry out Preventative Maintenance Inspections on your system in accordance with the current rules and regulations.

3.We will carry out repairs required to the Alarm System as soon as it is reasonable after discovery of a defect by us or after notification is received by you.

13. Increases in Maintenance, Monitoring and App Fees.

The Maintenance, Monitoring and App fees (the fees) set out in the Quotation is based upon costs prevailing at the date thereof. In the event of any increase in the costs after the date of Acceptance and during the Contract Period may increase the fees that you may by giving one (1) months’ notice in advance to you. Such increased fee shall on expiry of the notice become payable by the you in place of the fees previously payable unless you give us three (3) months’ notice in writing terminating the Agreement.

14. Claims and Limitations on the Liability of the Company.

You must inform us in writing of any incident or circumstance whatsoever which gives rise or may give rise to any claim whatsoever by you against

us within seven (7) days of the occurrence of such incidence or circumstance. The information must include the full details known to you. including the date, time, circumstances and cause of any loss or damage, the basis of the claim or possible claim against us and of all damage or loss incurred or suffered by your or any other person. We shall be under no liability whatsoever to the you unless this Condition 14 is strictly. complied with and any breach whatsoever of your obligations hereunder. shall release the us from its liability (if any) in respect of or arising out of such incident or circumstance.

15.Limits of Company's Liability.

1.The Company accepts liability in respect of:

(a) Death or personal injury resulting from negligence of the Company or of its Servants or Agents when acting in the course of their employment by the Company.

(b)direct physical damage to the Premises or their contents by the Company, Its Servants or Agents while working on the Premises for the purposes of this Agreement but not otherwise; provided that the liability of the Company under this sub-clause (i) shall be limited to the amount necessary to make good such damage and (ii) shall not under this Agreement exceed in total the sum of £500,000 inclusive of all costs and expenses.

(c)Breach on the part of the Company of any condition or warranty as to title implied by the current statutory or other rights of consumer purchasers.

(d)breach on the part of the Company to any terms as to the Alarm System's correspondence with description or sample, its quality or fitness for any particular purpose, which may be implied by said Consumer Purchase Act or otherwise, except where the Customer makes or holds himself out as making this Agreement during a business (as defined by the Unfair Contract Terms Act 1977).

2.Save as provided above neither the Company nor any Servant or Agent of the Company shall in any circumstances be liable for any loss or damage whatsoever whether direct or indirect and howsoever caused arising from or as a result of any misrepresentation made by or on behalf of the Company to the Customer or any breach by the Company of the express or implied terms of this Agreement (whether or not such breach is a fundamental breach of this Agreement) or any tort committed by the Company, its Servants or Agents in the course of or in connection with the performance or purported performance by the Company of its obligation under this Agreement or (without prejudice to the foregoing) the operation, non-operation or faulty operation of the Alarm System or the failure by the Company to transmit a Signal to the Police or other authority.

3.For the purposes of any exclusion or limitation contained in this clause we shall be deemed to be contracting both on our own behalf and also as Agent and/or trustee on behalf of and for any Servant or Agent employed by the us and such Servant or Agent shall to this extent be or be deemed to be in contractual relationship with the Customer and to be entitled to the benefit of any exclusion or limitation of liability as aforesaid.

4.For the purposes of this Clause "Servant or Agent" includes (unless otherwise Stated) any sub-contractor of the Company who is concerned in the performance or purported performance of our obligations herein.

5.You acknowledge that we have has no special knowledge of the nature and value of the contents of and within the Premises in which the Alarm System is to be installed or of the nature of the risks to which the Premises and their contents will from time to time be exposed. You agree that you may be expected by us to have knowledge of such matters and it is your interests to insure against the relevant risks. Accordingly, you that it is fair and reasonable that we should limit our liability as set out above.

16.Indemnities’ Given by the Customer.

1.The Customer shall indemnify the Company against any claim whatsoever made against it by anyone other than the Customer for any

loss of or damage to any goods or any damage to property at, on or from the Premises whether such claim arises from any negligence or breach of contract on the part of the Company or otherwise howsoever.

2.The Customer shall indemnify any employee or agent or representative or contractor of the Company against whom any claim whatsoever is made by the Customer or any other person for any loss or damage to property at on or

from the Premises howsoever such claim arises and irrespective of any negligence on the part of the employee, agent, representative or contractor against whom the claim is made. The obligation of the Customer under this Condition 18(2) shall be specifically enforceable by the Company.

17.Termination of the Agreement. This Agreement may be terminated:

1.By either party giving three months written notice expiring at any time after the expiration of a period of ONE year from the Installation Date.

2.By the Company, without notice, if you commit any breach of this Agreement (including any failure to pay monies due punctually) or if any distress or execution is levied upon any property of the Customer or upon the Premises or if a receiving order is made against the Customer or where the Customer is a company, a resolution is passed or petition is presented or order made for its winding up otherwise than for the purpose of amalgamation of reconstruction or if a receiver is appointed of any property of the Customer.

3.By the Company without notice if either the Alarm Receiving Centre Equipment or the telephone connections are destroyed by fire or otherwise or are substantially damaged. Such termination shall not give rise to any claim by either party hereto against the other.

18.Intruder Alarm Maintenance Termination charges

You have purchased all installed equipment and cabling for your Intruder Alarm System (IAS) or Intruder and Hold Up Alarm System. (IHAS). You are free to choose to obtain this service from another provider and terminate the agreement with us as detailed in the Termination Notice clause.

None of the equipment that we have supplied and/or installed is closed protocol or locked. Your new provider will be able to default engineer access codes without our intervention, however, if required, the costs for termination and/or transfer are as follows.

a) Equipment & cabling £Nil

b) Engineer visit to reset or default engineer codes: £ 75.00+VAT as at our prevailing engineers call out rates. The engineer visit will be carried out in a reasonable timescale to be agreed between you and us. We respectfully advise you that your insurers will need to be informed of the cessation of service from us and the details of your new provider. Your insurers may require copies / proof of your new providers certification of their ability and status to maintain your system to their requirements.

c)Deletion from the Pyronix Cloud of your App facility £25.00 +VAT

d)Notification to the Police/Fire Authority that your contract has been terminated and that we are no longer liable or responsible for your system or service £Nil (Please note that your new provider will have to apply to the Police/Fire Authority to take-over or obtain Unique Reference Numbers.

e) Copies of documentation appertaining to your system – Price upon

application.

19.. If we do not insist on the strict conditions of this agreement, we may still enforce all the conditions against you on other occasions. If you break a condition and we do not take any action against you, it does not mean that we will not act against you if you break it again or continue with the same breach without putting it right, or if you break any other conditions.

20.Statutory Rights. Nothing in this agreement shall affect your statutory rights.

21. If a court finds that part of this agreement is not enforceable but can be kept separately from the rest of the agreement, this will not affect the remainder of the agreement

22.. Data Protection Act 1998.

The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). We may pass on the information you have given to us under this agreement to any police, fire, or other authority and, except for security details, to any credit reference, debt collection or public telecommunications agency.

23.This agreement is governed by the laws of England and Wales