Terms & Conditions
1. Definitions and Interpretation
1.1 Customer means the individual, company, or organisation purchasing or agreeing to purchase Goods and/or Services from the Company.
1.2 Contract Customer means a customer operating under the terms of a Service & Maintenance Agreement.
1.3 Company means Electech Safety Solutions Ltd (also trading as Electech), registered in England and Wales under company number 15649804.
1.4 Contract means the agreement between the Company and the Customer for the supply of Goods and/or Services, incorporating these Terms and Conditions.
1.5 Goods means any equipment, components, systems, or materials supplied by the Company.
1.6 Services means any design, installation, commissioning, repair, maintenance, monitoring, or support services provided by the Company.
2. Basis of Quotation
2.1 All quotations are prepared on the basis that the Company will have full and unrestricted access to the site during normal working hours (08:30 to 17:30, Monday to Friday), unless otherwise agreed in writing.
2.2 The Company reserves the right to apply additional charges where:
2.2.1 Work is required outside normal working hours.
2.2.2 Access to the site is restricted, delayed, or denied.
2.2.3 Progress is impeded by the Customer or any third party engaged by or on behalf of the Customer.
2.2.4 A scheduled visit is aborted or cancelled without reasonable notice.
2.2.5 The Customer requests variations to the agreed scope of works.
2.3 Unless otherwise stated in writing, quotations remain valid for 60 days from the date of issue.
2.4 The Customer shall ensure unrestricted access to the premises and comply with all reasonable requirements necessary to enable the Company to carry out installation, testing, commissioning, servicing, or maintenance.
3. Supply of Services
3.1 A purchase order, written acceptance, or payment of a deposit shall constitute acceptance by the Customer of these Terms and Conditions.
3.2 The Customer acknowledges that it has not relied upon any representation, statement, or promise not expressly set out in the quotation or Contract. Any marketing materials, brochures, or promotional literature are issued for guidance only and shall not form part of the Contract unless expressly incorporated in writing.
4. Customer Obligations
4.1 The Customer warrants that:
4.1.1 It is acting in its own capacity and not misrepresenting its identity or authority.
4.1.2 All information provided to the Company is accurate, lawful, and complete.
4.2 The Customer shall:
4.2.1 Review the quotation carefully and ensure it is accurate prior to placing an order.
4.2.2 Cooperate fully with the Company in all matters relating to the Services.
4.2.3 Provide all necessary information, documentation, and access required to enable the Company to perform its obligations.
4.3 The Customer shall ensure that all necessary permissions, consents, and approvals are obtained to allow the Company access to the premises.
4.4 The system and equipment shall be used solely for their intended purpose and operated only by appropriately trained personnel.
4.5 No alteration, extension, modification, or interference with the system shall be undertaken without the Company’s prior written consent.
5. Repairs and Alterations
5.1 The Customer shall promptly notify the Company of any fault, defect, or malfunction and allow the Company reasonable access to investigate and remedy the issue.
5.2 The Company will use reasonable endeavours to attend reported faults within 24 hours of notification. However, the Company shall not be liable for any loss arising from any delay in attendance.
5.3 Where essential replacement of components is required to maintain satisfactory operation, verbal authorisation will be obtained where practicable. A signed service report shall constitute confirmation of the works carried out.
5.4 If immediate rectification is not possible, the Company shall provide a quotation for the necessary remedial works. If the Customer declines to authorise such works, the Company shall have no further responsibility for the affected system or equipment.
5.5 The Customer shall provide reasonable notice of any proposed alterations to the premises or third-party services that may affect the operation of the system.
6. Payment
6.1 Payment terms are as follows:
6.1.1 Non-account customers: A 50% deposit is required prior to commencement of works, with the balance payable upon completion, unless otherwise agreed in writing.
6.1.2 Account customers: Payment is due within 30 days of the invoice date, unless otherwise agreed.
6.1.3 Service & Maintenance Agreements: Payable in full prior to commencement of the contract period.
6.2 The Company reserves the right to suspend or withhold further supply of Goods or Services where payment remains outstanding.
6.3 The Company reserves the right to charge statutory interest and reasonable compensation on overdue payments in accordance with applicable legislation.
6.4 The Customer shall be responsible for all reasonable costs incurred by the Company in recovering overdue sums.
7. Maintenance and Monitoring
7.1 Maintenance and monitoring charges are based on costs prevailing at the time of quotation. The Company reserves the right to adjust such charges during the Contract period upon written notice to the Customer.
7.2 Maintenance and monitoring services are subject to the Company’s Service & Maintenance Agreement, which shall be incorporated into and form part of these Terms and Conditions.
8. Title and Risk
8.1 Risk in the Goods shall pass to the Customer upon delivery or installation.
8.2 Legal and beneficial title to the Goods shall remain with the Company until full payment has been received and cleared in respect of all sums due under the Contract.
9. Warranty
9.1 The Company provides a 12-month warranty from the date of final commissioning and handover in respect of Goods and Services supplied.
9.2 The warranty is conditional upon full payment having been received and cleared.
9.3 The warranty covers defects arising from faulty materials or workmanship. It does not apply to damage resulting from misuse, neglect, unauthorised modifications, or external causes.
9.4 The Company does not warrant that any software supplied will be entirely free from errors or interruptions.
10. Termination
10.1 Either party may terminate the Contract immediately by written notice if the other party becomes insolvent, enters administration or liquidation, or ceases or threatens to cease trading.
10.2 The Company may terminate the Contract by written notice where the Customer commits a material breach of these Terms and fails to remedy such breach within a reasonable period.
10.3 Service & Maintenance Agreements shall continue until terminated by either party, subject to the Customer providing a minimum of three (3) months’ written notice.
10.4 Upon termination:
10.4.1 All outstanding invoices shall become immediately due and payable.
10.4.2 The Customer shall return any unpaid Goods to the Company. Failing this, the Company reserves the right to enter the premises to recover such Goods.
10.4.3 Title to Goods shall not pass until payment has been made in full.
11. Limitation of Liability
11.1 The Company shall not be liable for any indirect or consequential loss, including loss arising from system failure.
11.2 Where personal injury or property damage is proven to result directly from the negligence of the Company, its employees, or contractors, liability shall be limited to the levels covered under the Company’s current insurance policy.
12. Force Majeure
12.1 The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including but not limited to industrial disputes, utility failures, acts of God, war, civil unrest, fire, flood, storm, or supplier failure.
12.2 Performance shall be suspended for the duration of any Force Majeure event.
13. General Provisions
13.1 The Company may assign, transfer, or subcontract its rights or obligations under the Contract. The Customer may not do so without prior written consent.
13.2 Personal data may be processed and shared with relevant authorities, Alarm Receiving Centres, credit reference agencies, or debt recovery agencies where necessary and in accordance with applicable data protection legislation.
13.3 Any variation to these Terms and Conditions must be agreed in writing and signed by both parties. Renewal and payment of an invoice may constitute acceptance of amended terms.
13.4 If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.5 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.