General Conditions of Business

APPLICATION OF CONDITIONS
All Goods supplied by the Seller are supplied on the following terms and conditions and no variation hereof or terms inconsistent herewith shall have effect unless such variation or term is expressly accepted by the Seller in writing.
PRICE
The price payable for the Goods shall be the price ruling at the date of despatch and applicable to the appropriate place of delivery according to the Seller’s price list for deliveries to the mainland of Great Britain. An additional charge will be payable in respect of deliveries to other United Kingdom locations. In the case of export sales the price payable shall be the price ruling on the date of despatch and (if applicable) appropriate to the place of delivery according to the Seller’s export price list. The Seller reserves the right to vary prices without notice.
QUALITY AND LIABILITY
a) The Seller warrants and undertakes that the Goods shall: (i) be of sound and merchantable quality.
(ii) be in accordance with the Seller’s specification thereof for the time being in force.
(iii) in a sale by description or sample, correspond with the description or sample as the case may be.
(iv) be fit for the ordinary purposes specified or set out in the Seller’s published literature or instructions for use and such other purposes as the Seller may agree in writing with the Buyer.
b) Except as stated in a) above, and insofar as it is legally permissible to do so, all express and implied conditions and warranties, statutory or otherwise, as to quality or correspondence with description or sample, or fitness for any purpose of the Goods, are hereby expressly excluded.
c)The Seller hereby notifies the Buyer that the price for the Goods payable hereunder has been determined on the basis that the Seller’s liability for any breach of warranty under a) above, or for any liability arising out of any recommendation or advice given by the Seller or its employees or agents to the Buyer or its employees or agents to the storage, application or use of the Goods shall be limited to the Seller’s option to (i) refund of the purchase price of the Goods, or
(ii) replacement of the Goods and the Seller’s liability (so far as the law permits) shall be limited accordingly.
DELIVERY
Unless otherwise agreed in writing:
a) delivery estimates given by the Seller are for the assistance of the Buyer, but the Seller shall be under no liability for any failure or any delay in despatch or delivery, nor for any loss or damage whatsoever arising there from.
b) the unloading of the Goods on delivery from any vehicle is the responsibility of the Buyer, who shall unload without undue delay.
c) in any case where forwarding instructions are required from the Buyer, and the Seller has given notice that the Goods are ready for despatch, the Buyer shall give such instructions in reasonable time and so as to require delivery within 30 days from the date of the Seller’s notice. If the Seller does not receive such forwarding instructions it shall (without affecting the obligation to sell and deliver Goods) be at liberty to dispose of the Goods which are the subject of the notice of readiness as it thinks fit.
d) delivery shall be deemed to have been completed when the Goods have been unloaded from the vehicle delivering them, and the Seller shall not be required to investigate the authority of the persons receiving the Goods to act on behalf of the Buyer. Export sales shall be upon such terms of delivery and otherwise as may be agreed.
PAYMENT
The price of any Goods shall be paid with the order and any subsequent increase or decrease in the price payable hereunder shall be adjusted by the Seller and the Buyer upon delivery of the Goods. If, or for as long as, the Seller is willing to supply on credit terms, the Buyer shall (unless otherwise agreed) pay the price and any other charges not later than the 20th day of the month following the month of invoice.
RISK AND PROPERTY

The risk in the Goods shall pass to the Buyer upon delivery of the Goods to the Buyer or to any carrier or location nominated by the Buyer. The Seller and the Buyer
expressly agree that until the Seller has received in cash or cleared funds payment in full for the Goods and until all other sums due from the Buyer to the Seller on any account whatsoever have been paid in full:

a) property in the Goods shall remain in the Seller and the Goods shall be received and held by the Buyer as bailee for the Seller and the Buyer shall store the Goods without charge to the Seller in such a manner that they are clearly identified as the property of the Seller.
b) the Seller may recover all or any of the Goods from the Buyer without notice at any time they are in the possession of the Buyer and for that purpose the Seller and its servants and agents may enter upon any land or building upon which the Goods are situated.
c) without prejudice to the foregoing provisions of this Clause the Buyer has the right to dispose of the Goods in the ordinary course of its business but only for the account of the Seller and in the event of such disposal, the Buyer has the fiduciary duty to the Seller to account to the Seller for the proceeds separate from any moneys or property of the Buyer and third parties hereto.
d) the Buyer shall without charge to the Seller ensure that the Goods and any products in which they are incorporated are kept in good condition and repair and shall keep such goods and products insured against all risks to their full replacement cost under a policy which provides for all monies payable thereunder to be paid to the Seller for the purpose of satisfying from such monies any outstanding claims by the Seller against the Buyer and paying the balance (if any) to the Buyer.
e) the Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
DAMAGE AND LOSS
No claim shall be maintainable by the Buyer against the Seller for loss or damage to the Goods unless the delivery ticket is appropriately endorsed with brief details of the loss and/or the nature of the damage, and a written claim is submitted to the Seller within 10 days of the date of despatch shown on the delivery ticket.
PACKAGING, PACKING CASES, PALLETS, DRUMS AND OTHER PACKING MATERIALS
If charged for separately, credit will be allowed in full, provided they are returned in good condition carriage paid to our works within three months of delivery of the Goods.
FORCE MAJEURE
Neither the Seller nor the Buyer shall be responsible for any failure to fulfil any terms of this Agreement if fulfillment has been delayed, hindered or prevented by any circumstances whatsoever which are not within the control of the Seller or the Buyer as the case may be, or by shortage of suppliers required for, or in connection with, the manufacturer of the Goods or by compliance with any order or request of any national port, local or other authority. If the Seller is at any time delayed or hindered in delivering the quantity which is deliverable under contract with the Buyer and at the same time maintaining in full its business in the Goods, the Seller shall be at liberty to withhold, suspend or reduce deliveries to such extent as the Seller in its discretion may think fit and reasonable, and shall not be bound to acquire by purchase or otherwise additional quantities from the suppliers.
APPLICABLE LAW
English law shall apply and any dispute shall be settled in the English Courts.
NOTE: Prices on this site apply to Great Britain mainland only. All prices may be subject to variation without prior notice.
VAT – Prices charged on our price lists are exclusive of VAT.
Containers – Free and non-returnable.
Carriage – Paid home when delivered to Great Britain mainland.
administration and delivery charge.
Terms – Net payment on or before the 20th day of the month following the month of invoice.
In the event that any of the terms and conditions herein shall be invalid this agreement shall be construed as if any such invalid terms and conditions were delated to the effect that the remaining terms and conditions shall remain in full force and effect

INTELLECTUAL PROPERTY

All certification invoices and maintenance paperwork including extinguisher service labels and header labels are intellectual property of Fire Crest Fire Protection and fall within copyright laws.

All fire extinguisher maintenance labels remain the property of Fire Crest Fire Protection, Fire Crest Fire Protection trading as JG Fire Protection and Mike Westlake Fire Protection trading as Fire Crest Fire Protection. They may only be amended by authorised Fire Crest Fire Protection personnel. Fire Crest Fire Protection reserve the right to withdraw the labels upon request, responsible access to be given to Fire Crest Fire Protection staff. A separate record of the extinguisher maintenance record will be provide.

PROCUREMENT
By supplying Fire Crest Fire Protection we reserve the right to invoice on to manaufactures / wholesalers, any cost involved with replacing faulty equipment.

Alarms Terms & Conditions

1. General

1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.

1.2 We may, as your agent, directly or through an intermediary ask another contractor (“Third Party Contractor”) to carry out some or all of any work which you instruct us to carry out for you. We shall pay the reasonable charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will ensure that the Third Party Contractor fees which are recharged to you are in line with the fees we will have quoted to you, had we done the work ourselves. We will take all reasonable care in selecting and instructing a Third Party Contractor.

2. Prices

The price for the supply of good and services are set out in our quote. We shall invoice you on delivery. Invoiced amounts shall be due and payable once the goods have been delivered excluding deposit. We shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 1.5% per annum above the base rate of the Bank of England. The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.

3. Risk

As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.

4. Ownership of the Goods

You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

5. Delivery

We will deliver the goods to the address you specify for delivery in your order (if applicable). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

6. Performance

6.1 We will fit and install the items within a reasonable time.

6.2 If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.

6.3 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.

7. Payment

Unless the Agreement/Confirmation or Quote provides otherwise, the price for the goods and/or services shall be payable no later than 7 days from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

8. Warranty

8.1 We warrant that as from the date of delivery for a period of 12 months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturers warranty only.

8.2 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

9. Right to Cancel

9.1 We will permit you to cancel this Agreement by sending written notice no later than 7 days after the date on which this Agreement has been signed. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse [or] retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.

9.2 If you have received the goods before you cancel this Agreement (if applicable) then you must send the goods back to our contact address at your own cost and risk. If you cancel this Agreement but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

9.3 Once you have notified us that you are cancelling this Agreement, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

9.4 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.

9.5 We reserve the right to cancel the Agreement between us if:

9.5.1 we have insufficient stock to deliver the goods you have ordered;

9.5.2 we do not deliver to your area; or

9.5.3 one or more of the goods you ordered was quoted at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Liability

11.1. Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.

11.2. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.

11.3. Where we need to carry out work on your premises and/or install equipment, we will

not accept liability for the cost of repairing or replacing parts of your existing system which occurs due to faults in your system unless we have been negligent in not realising that such damage may occur or in the way we did the work.

11.4 Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.

11.5 At no stage is Fire Crest Fire Protection are not responsible for consequential loss

11.6 At no stage is Fire Crest Fire Protection are not responsible for any form of stress or mental anguish.

11.7. In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.

12. Governing Law and Jurisdiction

Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.

13. Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.

14. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

15. Customer Services

15.1. To protect your own interests please read the conditions carefully before signing them. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone, at the address and telephone number set out above.

15.2. If you are unhappy with any aspect of our service, please contact us at the address and telephone number set out above. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

16. Changes to Terms and Conditions of Business

We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.

17. Data Protection

You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

18. System Design

Customer Designed (where applicable) The system has been designed in accordance with the quote. Where deviations are required in order to comply with the appropriate standards these must be agreed in writing by the Customer and will incur additional cost.

Fire Crest Fire Protection Designed (where applicable) The system has been designed by Fire Crest Fire Protection in accordance with the Fire Crest Fire Protection Quote and forming part of the Proposal based on information provided by the Customer. The drawing shows the type and location of all Control Equipment, Detection Equipment, Isolator Modules, Communications and Display Equipment, Repeater Panels, Printers, Paging System Equipment, Internal Sounders and External Bells, Power Supplies. These drawings are for information purposes only and not meant to represent scale or imply any accuracy. In addition to the system design standard, the equipment included in this proposal is the subject of individual LPCB (Loss Prevention Certification Board) approvals where appropriate.

19. Power Supplies

The customer shall (where applicable) grant access to create a dedicated, segregated and fireproof permanently live 230v AC 50Hz mains supply with functional earth for the Control and Indicating Equipment and for any maintained equipment forming part of the Fire Detection System via an un-switched 3A fused spur with neon indicator. The Power Supply will be fitted within the cost of the quote unless stated elsewhere or if there is not access or availability of taking a permanent live from the current fuse board at the customer property(s) one will be installed at the customers cost. Which should be clearly labelled: “FIRE ALARM – DO NOT SWITCH OFF”. Any other intermediate isolating device should be similarly labelled and where the possibility of inadvertently isolating the mains supply exists a locking mechanism should be provided.

20. Detection & Ancillary Equipment

The system will be configured with the types and numbers of Detection and Ancillary Equipment as specified in the quote and handover documentation.

20.1 Sounders The quantity of sounders detailed in our proposal and resultant sound levels are based on past experience of similar buildings and the design information in Fire Crest Fire Protection ’s possession. If additional sounders are required these will incur additional costs. The sound output and number of sounders provided complies with the requirements of BS5839. Sounders are to be distributed in the building to provide a common type of sound throughout. The system allows for single stage alarm sounding procedures. Any variations to this must be agreed with the customer and may incur additional cost. The system will utilise the numbers of sounder as specified in the “Quote” and Fire Crest Fire Protection handover drawings.

20.2 Control Relays The system will utilise the types and number of self contained Control Relay to switch ancillary equipment as specified in the Fire Crest Fire Protection handover drawings.

20.3 Telephone Lines (where signalling specified) Fire Crest Fire Protection recommend the use of a dedicated ex-directory direct exchange line (i.e. one which does not pass through a switchboard) restricted for outgoing call use only, which should enter the premises in a fire proof cable running underground or in a concealed manner. Some modems, facsimile machines and electronic point-of-sale equipment are not compatible with RedCARE and should not be connected to the telephone line used for RedCARE. It is the customer’s responsibility to ensure that the alarm equipment is connected to the telephone line via a BT line a BT “block terminal” located adjacent to the Control Equipment. Fire Crest Fire Protection can arrange with BT for this work to be carried out. BT will invoice the customer directly for the block terminal and telephone line installation. It is the customer’s responsibility to advise Fire Crest Fire Protection when the “block terminal” and telephone line have been installed. In the event of a telephone line used by the signalling equipment becoming faulty or being deliberately cut, it is the customer’s responsibility to ensure BT is informed. Fire Crest Fire Protection recommends the customer takes out a BT “Total Care” maintenance contract which provides a guaranteed 4 hour fault response, 365 days a year. Contact your local BT Sales Office for details.

20.4 Alarm Receiving Centre (ARC) Action On receipt of an alarm signal from the system the ARC operator will execute an agreed plan which will include notifying the appropriate Fire & Rescue Service and the nominated keyholders.

21. Supply and Commission Only Systems

21.1 Scope The proposal provides for the supply and commissioning of the control equipment, heat or smoke detectors, detector bases, callpoints, relays, sounders and auxiliary equipment. All installation work will be carried out by others in accordance with Fire Crest Fire Protection wiring and installation instructions. See “Installation Notes for Electrical Contractors” which accompanies this proposal if appropriate. You should be aware that field ancillary modules specific to Fire Crest Fire Protection’s proposal such as Line Isolators may not be shown on the client’s tender drawings and you should make reference to this specification, Schedule of Equipment and system schematic for details of all equipment to be supplied.

21.2 Commissioning Following completion of the electrical wiring, Fire Crest Fire Protection Engineers will Commission, Test and Handover the System to the relevant parties.

21.2.1 Fire Crest Fire Protection Engineers will require the following documentation to be completed by the Installer prior to carrying out

the commissioning.

  • Full details of the initial proposed install
  • Any details of deviations
  • Cable Test Sheets
  • Installation Check Report(s)
  • “As fitted” System Layout Drawing(s)
  • System Schematic Diagram(s)

These forms shall be provided upon receipt of your order.

21.2.2 Full functional tests will then be carried out to the reasonable satisfaction of the user and in accordance with current industry practice. It will be the responsibility of the installing contractor to ensure that all wiring is correctly marked and terminated and the “as fitted” drawings are correct and up to date, with any variations included at the time of our commissioning engineers visit.

21.2.3 Once satisfactory results have been obtained the conductors at the controller can be labelled and the bases and ancillaries fitted by the relevant contractor. Should the system be using addressable technology the relevant contractor will be expected to address the devices by the appropriate means as directed by Fire Crest Fire Protection At this point Fire Crest Fire Protection may be contacted to carry out the final device commissioning.

21.2.4 The Contractor when requesting commissioning, is to provide a competent relevant contractor who is familiar with the installed system to prove that the “as fitted” drawings and wiring is to the satisfaction of Fire Crest Fire Protection .

21.2.5 Failure to provide any of the foregoing that incurs Fire Crest Fire Protection with additional cost will result in Fire Crest Fire Protection making a claim against the contractor.

21.2.6 The request for commissioning assumes that the contractor accepts these terms and conditions. Commissioning cannot be arranged unless this information is available.

21.2.7 The tracing and rectifying of wiring faults are not included in our commissioning service.

22. Installations by Fire Crest Fire Protection

22.1 General

22.1.1 Where applicable Fire Crest Fire Protection reserves the right to employ sub-contractors.

22.1.2 If hazardous materials are identified on site Fire Crest Fire Protection reserves the right to cease work until such materials are removed or made safe.

22.1.3 The proposal is based on the understanding that all work will be carried out during the Company’s normal working hours and does not include for overtime, weekend or Bank Holiday working. Any alterations to these working hours will incur additional costs.

22.1.4 Fire Crest Fire Protection will endeavour to conceal cables where possible. However tucking may be required and no allowance has been made for concealing cables under floors, in false ceiling voids, or chasing walls. If required this work will be carried out at additional cost.

22.1.5 Our proposal envisages that both the installation and commissioning activities will be undertaken as a single continuous operation.

22.1.6 Following commissioning we will undertake audibility tests during which the sounders may be operated continuously. Should you require these tests to be carried out at a separate visit or out of normal working hours this may be arranged at additional cost.

22.1.7 Commissioning of the system will constitute Practical Completion. At this time, our engineer will present an Acceptance Certificate for signature by your representative and we will hand over the system.

22.1.8 You are advised to obtain the approval of your Insurance Company, and/or the Fire Brigade, for the proposed Fire Alarm System.

22.1.9 Our estimate assumes that the Company’s engineers will have free access to all relevant areas and are afforded continuous and uninterrupted working. Whilst the Company will make all reasonable efforts to work with other suppliers, servants, trades and the customer, any interruptions or delays by the forenamed may result in additional charges being made to the customer.

22.1.10 Should you consider making any alterations to the building, or changing the definition of the actual risk, please contact us at the earliest possible opportunity. The certification included in this offer relates to the installation described in the quote documentation, and can only be maintained if we are offered the opportunity to reappraise the design following any changes to the installation or risk.

22.1.11 Where our offer includes design responsibility we will undertake to attend any required consultation with interested parties. Our offer excludes obtaining any Statutory or Local Authority approval or costs associated with any additional requirements of such approvals.

22.1.12 The prices included in this proposal are based on the cost of labour and materials ruling at the date hereof unless otherwise stated in this proposal.

22.1.13 Fire Crest Fire Protection reserves the right to pass on any increase in material or labour costs incurred before completion unless otherwise stated in this proposal. These costs will be calculated using the indices and calculation formula issued by the British Electrical and Manufacturers Association (BEAMA) which in turn are based on those issued by the Department of Trade and Industry, unless otherwise stated in this proposal.

22.1.14 We have not allowed for any change in the present rate of Value Added Tax or for costs arising from any statue, regulation or other instrument imposed by the government after the day of submission of this estimate. Neither does our estimate price include for any extra expenses incurred should the contract be extended as a result of our being delayed or prevented from proceeding with the contract for any reason other than our own fault.

22.1.15 Where necessary Fire Crest Fire Protection reserve the right to supply and install alternative equipment to that detailed in the Proposal.

22.2 Delivery Where delivery time of products for incorporation into the works cannot be accurately forecast, it may be necessary to make early supply arrangements in order not be delay the completion programme. If such products are then available before they are required on site, they will be placed in a Bonded Stores. In such cases, such products will be invoiced and a vesting certificate issued on receipt of settlement of invoice, indemnifying the client in case of theft, fire etc., and acknowledging the fact that we hold such products on the customer’s behalf.

22.3 Services You are asked to advise our engineers of the location of any concealed water, gas, electricity, telephone or other services, wiring or pipes, before work commences. In the absence of such advice, Fire Crest Fire Protection Fire and Security cannot accept liability for damages to these services or for consequential damages.

22.3.1 The customer should arrange for the following services to be provided:-

  • Any builders work, cutting away, redecorating or making good.
  • The services of a Carpet Fitter.
  • The removal of any stock, furniture/fixtures which may hinder the execution of works.
  • Such electricity as may be required for the powering of tools, plant etc.
  • Washing and toilet facilities.
  • A reasonable level of lighting in all working areas.
  • A safe means of access to, and within, all working areas.
  • Cutting away and making good of ductwork and installation of probe units as specified.
  • Provision of proper protective earthing for the electrical systems in hazardous areas.
  • The services of a ceiling tiler.
  • Lockable Material Store.

22.3.2 If any of the services above are not available, the Company engineers will exercise due care but Fire Crest Fire Protection cannot accept responsibility for any damage caused which may also incur additional cost.

23. Existing Equipment

23.1 Fire Crest Fire Protection does not accept responsibility or any liability for the performance or reliability of equipment or wiring that has not been approved, supplied and/or installed by Fire Crest Fire Protection or their appointed Contractors. 23.2 Fire Crest Fire Protection has not made provision within the proposed quote to remove previous fire protection systems or equipment and as such is outside scope of the quoted work. However Fire Crest Fire Protection can conduct these services at additional cost.

24. Maintenance

BS5839 recommends that the equipment detailed in the Proposal should be fully maintained at all times. Please contact Fire Crest Fire Protection for details of Service & Maintenance Plans

25. General Alarm Terms and Conditions

25.1. To provide a periodic inspection on the alarm equipment at the customers agreed premises in accordance with the current British Standards, reasonable facilities being provided for the companies service engineers to carry out their duties.

25.2Service frequency to be in accordance with the current British Standards (BS5839 Pt1 states one full annual service and a further six monthly interim inspection). Additional visits should be subject to the requirements of a competent risk assessment.

25.3On each service the alarm equipment shall be examined and a report given on its condition. If it is found to be defective, made good. The labour cost of any repairs and components required shall be charged separately. The customer agrees that the method employed in repairing or making good shall be decided by the company.

25.4 Interim call outs shall be charged additionally at the stated fees and hourly rates. Parts charged additionally.

25.5It is the customer’s sole responsibility to ensure ongoing serviceability of the alarm equipment by regular checks as per the British Standard detailed in the handover documents and log books. Documentation supplied at the time of the initial service “Further Users Responsibility” must be understood and adhered to and kept available with the logbook. Logbooks must be maintained by the customer and kept updated of all events affecting the use of the alarm equipment.

25.6It is a specific term that no liability for any failure of the alarm equipment, damage or injury either directly or indirectly will be accepted.

25.7The customer shall inform the company of any power failure, alarm condition, authorised or unauthorised use of the alarm equipment or any event, which may be detrimental to the ongoing effectiveness of the alarm equipment.

25.8Every effort is made to ensure the Company adheres to regular service intervals, but it is the customer’s responsibility to ensure that we are informed of any due service arrangements.

25.9 The Company must be informed of any changes of the “responsible person” or ownership of the alarm equipment.

25.10This Contract is transferable.

25.11 At our discretion third party companies may be engaged at any time to fulfil contractual obligations, additional

Extinguisher Terms & Conditions

Whereas the company has agreed with the customer to inspect the Fire Equipment on the terms herein contained:

Section 1 – General Conditions

  1. To provide a periodic inspection on the Fire Appliances at the customers agreed premises in accordance with the current British Standards, reasonable facilities being provided for the companies service engineers to carry out their duties.
  2. Service frequency to be an approximate period of 12 months or earlier if called to do so. Every effort is made to ensure the Company adheres to regular service intervals, but it is the customer’s responsibility to ensure that we are informed of any due service arrangements.
  3. On each service the fire appliances shall be examined and a report given on their condition. If any are found to be defective, they are to be refilled, made good or replaced. The labour cost of any repairs and components required shall be charged separately. The customer agrees that the method employed in repairing or making good shall, be decided by the company.
  4. Interim call outs shall be
    charged additionally at the stated fees and hourly rates. Parts and refills may be charged additionally.
  5. It is the customer’s sole responsibility to ensure ongoing serviceability of the Fire Appliances by regular checks as per the British Standard stated as at least monthly.
  6. It is a specific term that no liability for any failure of the Fire Appliances, damage or injury either directly or indirectly will be accepted.
  7. The customer shall inform the company of any event which could be detrimental to the normal operation of the appliances I.E if used damaged, or lost.
  8. The Company must be informed of any changes of the “responsible person” or ownership of the Fire Appliances.
  9. This Contract is transferable.
  10. At our discretion third party companies may be engaged at any time to fulfil contractual obligations, additional work or call outs.
  11. The Company reserves the right to amend the service charges at its discretion.
  12. It is a standard term of service that payment will be made upon completion, or by Direct Debit usually at the end of the month after service.
  13. Overdue accounts will incur a service charge of £7 per month. Any internal administration time and costs or outside agency fees incurred in recovering overdue amounts associated against this invoice will be added to the invoice total.
  14. All goods remain the property of the Company until paid for in full.
  15. The term of this contract shall be for a minimum period of three years and thereafter ongoing until either party terminates the agreement in writing not less than two months before the next due service date.
  16. In the event that any of the terms and conditions herein shall be invalid this agreement shall be construed as if any such invalid terms and conditions were delated to the effect that the remaining terms and conditions shall remain in full force and effect

Section 2: Short term rental term and conditions

This is a hiring agreement between ‘The Supplier’, Fire Crest Fire Protection Ltd, The Wilson Building, Wilson Way, Pool, Redruth, Cornwall. TR15 3RU. Telephone number 01209 831417 and the person(s) identified as ‘The Hirer’ below, incorporating this schedule and terms and conditions which may be additional or supersede the rental agreement form.

Section 3: Rental charge is made on the following conditions

  1. Uplift of equipment is made available at a convenient central location, any additional time recovering equipment from site may be charged additionally at £30 per hour.
  2. Any condemned, damaged or used equipment will be replaced, made good or refilled and charged additional at our list price less 25%.
  3. The condemning, making good or refilling of the equipment is under solely to be decided by the supplier.
  4. The equipment remains the property of the supplier and must not under any circumstances be tampered, modified, refilled or serviced by any party other than the supplier.
  5. The supplier will not be libel for any damage or injury in any way resulting from the use or misuse of the equipment.
  6. The supplier will not be libel for any failure of performance of the equipment.
  7. It is understood and agreed that potential operators of the equipment have a basic awareness of extinguisher use and safe operation.
  8. Fire Wardens and extinguisher use training is available at additional cost (ask for details).
  9. The supplier does not imply any responsibility for conducting a fire risk assessment.
  10. Equipment supplied by the supplier will be serviced by a competent person and deemed fit for service at the point of delivery only.
  11. The equipment may not be extended maintained as per BS 5306 Pt3.
  12. Equipment supplied may have been manufactured to BS 5423, BS EN3 or CE marked.
  13. The supplier will take no responsibility for specifying the equipment appropriately according to the fire risks.
  14. The supplier will take no responsibility for specifying the equipment appropriately according to any site dimensions or requirements of the authorities.
  15. The supplier will take no responsibility for siting the equipment appropriately according to fire risks.
  16. The supplier will take no responsibility for any damage to third party equipment or property due to the discharge or use of the fire equipment.
  17. It is the Hirers sole responsibility to ensure the security of the equipment and ensure it is protected from misuse.

Dry Riser Terms & Conditions

(Fire Crest Fire Protection – Hereafter called the company)

Whereas the company has agreed with the customer to inspect the Fire Equipment on the terms herein contained:

1. To provide a periodic inspection on the Fire Appliances at the customers agreed premises in accordance with the current British Standards, reasonable facilities being provided for the companies service engineers to carry out their duties.

2. Service frequency to be an approximate period of 12 months or earlier if called to do so. Every effort is made to ensure the Company adheres to regular service intervals, but it is the customer’s responsibility to ensure that we are informed of any due service arrangements.

3. On each service the fire appliances shall be examined and a report given on their condition. To ensure conformity to BS 9990. 2006, minor repairs replacing of washers, straps, padlocks, signs will be completed at the time of service. Any significant defects affecting the safe use of the fire fighting equipment or hydrants will be reported for permission before being made good or replaced. The labour cost of any repairs and components required shall be charged separately. The customer agrees that the method employed in repairing or making good shall, be decided by the company.

4. It is the customer’s responsibility to inform the relevant Fire Authorities internal, external and effected personnel of any operational defects.

5. Interim call outs shall be charged additionally at the stated fees and hourly rates. Parts and refills may be charged additionally.

6. It is the customer’s sole responsibility to ensure ongoing serviceability of the Fire equipment by regular checks as per the British Standard 5588-12It is a specific term that no liability for any failure of the Fire Appliances, damage or injury either directly or indirectly will be accepted.

7. The

customer shall inform the company of any event or problem which could be detrimental to the normal operation of the appliances I.E if used damaged, or lost.

8. Testing may require hose lengths to be run from hydrants, the customer may be required to provide assistance to manage traffic or persons.

9. The Company will make every endeavour to find all landing valves, but due to the nature of larger buildings and compartmented areas with access problems, we cannot guarantee they will all be found. Return visits to site will be charged at additionally plus a call out charge.

10. The Customer will provide every assistance with access keys, passes or codes. Time lost or site revisits due to delays with access may be charged additionally to the quoted rate at our normal labour rates.

11. The Company must be informed of any changes of the “responsible person” or ownership of the Fire Appliances.

12. This Contract is transferable.

13. At our discretion third party companies may be engaged at any time to fulfil contractual obligations, additional work or call outs.

14. The Company reserves the right to amend the service charges at its discretion.

15. It is a standard term of service that payment will be made upon completion or by Direct Debit usually at the end of the month after service.

16. Overdue accounts will incur a service charge of £7 per month. Any internal administration time and costs or outside agency fees incurred in recovering overdue amounts associated against this invoice will be added to the invoice total.

17. All goods remain the property of the Company until paid for in full.

18. The term of this contract shall be for a minimum period of three years and thereafter ongoing until either party terminates the agreement in writing not less than two months before the next due service date.

Website Term & Conditions

RULES AND REGULATIONS

The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. Fire Crest Fire Protection reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Fire Crest Fire Protection reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Fire Crest Fire Protection Web Site. 
 
LIMITED LICENSE
Fire Crest Fire Protection hereby authorizes you to copy materials published by Fire Crest Fire Protection on this Web Site solely for non-commercial use within your organization. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Fire Crest Fire Protection or any third party. 
 
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM Fire Crest Fire Protection. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES. 
 
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
User access to this Web Site is governed by all applicable laws. All information available on the Web Site is subject to U.K. control laws and may also be subject to the laws of the country where you reside. 
 
TRADEMARKS
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Fire Crest Fire Protection or other third parties. Users are not permitted to use these Marks without the prior written consent of Fire Crest Fire Protection or such third party which may own the Mark.
 
DISCLAIMER
Although Fire Crest Fire Protection has attempted to provide accurate information on the Web Site, Fire Crest Fire Protection assumes no responsibility for the accuracy of the information. Fire Crest Fire Protection may change the programs or products mentioned at any time without notice. Mention of non-Fire Crest Fire Protection products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. 
 
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Fire Crest Fire Protection AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Fire Crest Fire Protection AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY Fire Crest Fire Protection PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF Fire Crest Fire Protection OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
 
DISCLOSURE
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. There are important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of share price, financial risk management, and future growth subject to risks. 
 
TRANSMISSION OF PERSONAL DATA
Except as required by law, Fire Crest Fire Protection will maintain the confidentiality of all personal information transmitted to Fire Crest Fire Protection by the user. Any feedback you provide at this Web Site shall be deemed to be non-confidential and Fire Crest Fire Protection will have no obligation to protect such information and may use such information in any way it chooses. 
 
PRODUCTS AND SERVICES AVAILABILITY
Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country. 
 
LINKS TO THIRD PARTY SITES
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk and Fire Crest Fire Protection is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Fire Crest Fire Protection provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
 
SOFTWARE LICENSE AGREEMENT
Any software which you download is governed in accordance with the license terms accompanying the file.
 
PRIVACY POLICY  
INFORMATION THIS SITE GATHERS/TRACKS
The Fire Crest Fire Protection Web site logs IP addresses and browser types, but we do not link IP addresses to anything personally identifiable. This means that a user’s session will be tracked, but the user will be anonymous.
 
You can browse our site without entering any personal information and therefore remain anonymous during your visit. However, we hope that all of our visitors will register with us so that we can learn more about our valuable customers and keep them updated with our monthly newsletter. Our registration form asks users for name, email address, preferences, and various types of demographic information. The only other place that we collect personal information on our Web site is on the order form. The order form asks for billing information such as name, postal address, email address and credit card number should you decide to place an order on-line.
 
For our more in-depth policy please click here.
 
USE OF THE INFORMATION THIS SITE GATHERS/TRACKS 
The Fire Crest Fire Protection Web site logs IP addresses for systems administration purposes and these logs will be analyzed to constantly improve the value of the materials available on the website.
 
SHARING OF THE INFORMATION THIS SITE GATHERS/TRACKS
For those visitors who register with Fire Crest Fire Protection , will NOT share your name, email address, preferences, and demographic information with select partners so they can present you with special offers. The information that you submit on the order form (contact and billing information) is never shared with any third parties, including our partners.
 
FIRE CREST FIRE PROTECTION ONLINE FORM 
The information that we require on our order form is only used to process your order quickly and accurately. Your contact information will only be used to send you the product that you purchase and your billing information will only be used to bill you for that product. This information will in no way will be used for marketing purposes by Fire Crest Fire Protection, nor will it be shared with any third parties.
 
LINKS
The Fire Crest Fire Protection Web site contains links to other Web sites. Please be aware that our privacy policy does not apply to these linked sites. We encourage you to read the posted privacy statement whenever interacting with any Web site.
 
CORRECTING UPDATES
If you would like to correct and/or update your personal information, please contact: accounts@extinguisher.com

Privacy Policy

Fire Crest Fire Protection takes our commitment to your privacy seriously, and we treat any information you provide us with care. By visting the extinguisher.com website you are accepting and consenting to the practices described in our Privacy Policy.

Fire Crest Fire Protection is committed to protecting your privacy and promises only to use information collected about you in accordance with our Privacy Policy below:

Who We Are

Any personal information provided to or gathered by extinguisher.com is controlled by extinguisher.com Ltd (“Fire Crest Fire Protection”, “We”, “Us), a company registered in England and Wales (Company No. 04727244), with a registered office at York House, 35 Carnhell Road, Gwinear, Hayle, Cornwall, TR27 5LB. VAT Registration No: 591 1847 22

We are registered with the Information Commissioner in accordance with the Data Protection Act 1998, Data Protection Registration no. Z2025299.

 

What Information We Collect

When you place an Order or otherwise interact with the extinguisher.com Website, we may ask you for certain information and you may submit personal data to Us (for example your name, phone number, postal address, email address, contact and bank / credit card details). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use.

Some examples of how information may be collected by us:

 

  • Information You Provide Us: we receive and store information that you submit when using our website or that you provide us in any other way (for example by email or telephone). This information may be provided when ordering from us (via our website or by telephone); searching our website; entering competitions; accessing your account; querying order status; or by submitting text/photo/video reviews of us and our products.
  • Information Automatically Provided: we receive, process and store certain information whenever you interact with our website. Like many websites, we use “cookies” (see below) and obtain certain information automatically when your Web browser accesses the extinguisher.com website. Information automatically received by us includes the IP address that your computer uses to connect to the internet; your computer, browser, operating system and internet connection details; purchase history; clickstream/path analysis of your journey through our website; products you searched for. 
  • Email Communications: to help us make our email newsletter more useful and interesting for our customers we attempt to receive a confirmation when you open and click on email newsletters from extinguisher.com (if your email software/service supports this option). If you no longer wish to receive email newsletters, please notify us using the links provided in each newsletter.
  • Telephone Calls: From time to time we monitor and record telephone calls for training purposes and to improve the quality of our service to you.
  • Information from 3rd Parties: we may receive information about you from other sources and add this to our account information. 

 

 

How We Use This Information

Information is kept securely in accordance with our internal security policy and may be used to:

 

  • Process and deliver your Order;
  • Provide Customer Support services to you;
  • Provide you with an up to date, efficient, and reliable service;
  • Help prevent fraud (eg. we may check credit card details with our credit agency, who may keep a record of that information, and reserve the right to refuse Orders on that basis. Your credit rating can be checked for a nominal fee with the main UK agencies Equifax and Experian);
  • Open and run your Fire Crest Fire Protection customer account;
  • Administer prize draws;

 

Provide a more personal shopping experience.  By making an Order and/or submitting your data to us you agree to this use.

 

Data Security

Your safety is guaranteed because extinguisher.com uses the latest security measures to protect your details when you shop with us. We use software to encrypt your credit/debit card information when you place an order on our secure server, which means that only we are able to decrypt the information in order to process your transaction. Please click here for more information on Security and Credit Card Safety while shopping at extinguisher.com.

 

Who Else May See Your Data

In order to complete your order we may need to disclose some of your information to our delivery partners including Royal Mail, City Link, Parcel Line and their affiliates.

 

Marketing Communications – Fire Crest Fire Protection

When ordering from Fire Crest Fire Protection, entering competitions or otherwise interacting with us we may give you the chance to subscribe to our email newsletter. We promise not to bombard you with emails – to make it worth your while we only get in touch when we truly have interesting news to share.

If you no longer wish to receive email newsletters, please notify us using the links provided in each newsletter. 

 

Marketing Communications – 3rd Party

Fire Crest Fire Protection will not pass your information on to third parties unless you give us your consent – either at the time of providing the information to us, or previously if we have already received consent from you.

When you place an order with Fire Crest Fire Protection we may give you the choice for other reputable companies to contact you BY POST about future offers, events and new Products or related activities that you may find useful.

If you no longer wish us to do this please email us at accounts@extinguisher.com at any time.

If you have any concerns over receiving unsolicited post you can join the Mailing Preference Service and your name should be removed from the lists held by responsible direct mail companies. An application form can be filled out on-line at www.mpsonline.org.uk.

 

Cookies

In Order to improve our service we may use a device known as a ‘cookie’. Cookies are a means by which information relating to your Internet activity (such as whether you have visited extinguisher.com before) is recorded on your hard drive and used by us to improve extinguisher.com and the products and services available to you.

If you do not wish for us to use cookies when you use the extinguisher.com website please adjust your Internet browser settings to not accept cookies. The Help option on the menu bar of your web browser should explain you how to do this. Please note that cookies allow you to take full advantage of the services we provide through the extinguisher.com website and so we recommend that you leave them turned on.

 

3rd Party Ad Serving

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements within our web pages. We do NOT provide any personally identifiable customer information to these advertisers or third-party websites.

 

Cookies

Because your web browser must request these advertising banners from the ad network Web site, these companies can send their own cookies to your cookie file, just as if you had requested a web page from our website. Please note that if an advertiser asks us to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 13-24 who have viewed sports content) and you respond to that ad, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. We only authorise our third-party ad servers to employ anonymous cookies for ad delivery and anonymous targeting.

 

Opting Out of Third-Party Ad Serving

If you want to prevent a third-party ad server from sending and reading cookies on your computer, you may either turn off cookies in your browser, or visit each ad network’s Web site individually and opt out (if they offer this capability).

 

Your Concerns

If you have any questions or comments about privacy or the Fire Crest Fire Protection privacy policy, or if you already have submitted information that you do not wish us to have or if you think that Fire Crest Fire Protection has cookies or data about you that you don’t want us to use or that is incorrect please contact us at the address below, by telephone (on 01209 831417) or email (at info@extinguisher.com) and the information will be corrected as soon as possible or removed from our database as you request.

Fire Crest Fire Protection has a dispute resolution mechanism. If you think we have not followed our privacy policy in some way, please email us and we can help you resolve your concern.

 

Customer Service Contact

You may resolve any issues that concern your interaction with extinguisher.com by:

Email to contactus@extinguisher.com; or

Post at The Wilson Building, Wilson Way, Pool, Cornwall, TR15 3RU

Fax to 0845 8679261; or

Telephoning 01209 831417