Terms of Business
1 Application
These Terms & Conditions shall apply to any contract of the sale of Equipment or Materials and/or the carrying out of Installation, Maintenance and /or Commissioning by Capital Response Ltd and are to assist both the customer and Capital Response Ltd in clarifying respective responsibilities and supersede any previous Terms and Conditions of Sale, Installation, Maintenance & Commissioning published by Capital Response Ltd.
In these Terms & Conditions, the following expressions shall have the following meanings
“The Company” means Capital Response Ltd (Capital Response), Its assignee(s) and/or its subcontractor(s);
“Acceptance” means the successful completion of Installation and/or Commissioning, irrespective of whether a separate Acceptance Certificate is required or not.
“Acceptance Certificate” means the certificate of acceptance issued by Capital Response Ltd to the customer following Installation and/or Commissioning.
“Acceptance Date” means the date upon which the acceptance occurs.
“Additional item(s)” means a variation required by the customer and accepted by the company in respect of the services.
“Commissioning” means the engineering test to be carried out on and at the site to Equipment whether supplied by the Company or not in accordance with the Specification.
“The Commissioning Engineer” means the Company’s Commissioning Engineer.
“The contract” means any quotation or contract for the supply of Equipment and/or the carrying out of Installation and/or Commissioning by Capital Response on these Conditions of Sale Equipment, Installation, and Commissioning and any other document incorporated in a contract between Capital Response and the Customer.
“The Customer” means the buyer or employer under the Contract.
“The Equipment” means the equipment or materials the subject of the Contract.
“Installation” means the civil works to be carried out on to the site to install the Equipment whether supplied by Capital Response or not in accordance with the specification.
“Office Normal” Working Hours” means 08:30 to 17:00, Monday to Friday excluding Bank Holidays and days in lieu thereof.
“The Site” means the location where the installation and/or Commissioning is to take place:
“The Site Representative” means the Customer’s site representative who is technically competent and qualified and has specific knowledge of the site, the installation and Commissioning.
“Engineers Working Day” means Monday to Friday between 08:30 – 17:00
Any reference to Standards will mean the latest / current version
2. OTHER TERMS OR REPRESENTATIONS
2.1. No other standard Conditions or Terms shall apply to the Contract.
2.2. The Customer shall not rely upon any oral terms or representation unless confirmed by Capital Response in any document.
2.3. In the case of any inconsistences between the terms contained within these Terms and Conditions and the terms specified by Capital Response in any contract or other document incorporated in such contract, the latter shall take precedence.
3. AGREEMENT
3.1. Capital Response shall be bound by any contract signed by a duly authorised signatory of Capital Response. A proposal given by Capital Response is not an offer capable of acceptance to make it a binding Contract.
3.2. If any Term put forward by the customer is inconsistent with the Terms and Conditions or any other Term specified by Capital Response, the proposal shall be deemed to be a counter offer capable of acceptance by any conduct by the Customer indicating intention to proceed with the transaction
3.3 Capital Response reserves the right to refuse to accept any order based upon a proposal more than 60 days old in age unless otherwise stated in the proposal to be open for a longer period and the proposal has not been withdrawn in that period.
3.4 Where the order for Equipment is based upon the standard price list of Capital Response the price shall be valid if delivery is to take place within 30 days of the date of order.
4. INSTALLATION
4.1. The Installation shall be in accordance with the Specification (if any) and will be in accordance with the relevant British and/or European Standard Code of Practice where applicable.
4.2. All prices for Installation assume that the Equipment will be surface fixed. Any additional work required to achieve a flush Installation can be provided but at an additional cost , Unless agreed in our specification/proposal, Capital Response will not be responsible for any repairs or make good any part of the premises at the Site which may be affected by the Installation.
4.3. Capital Response accepts no responsibility for the co-ordination of Installation with any other services provided by third parties. Capital Response will provide such information as may be requested by the Customer to assist any such third party, but any alterations to or any re-working of the Installation required by such co-ordination shall be an Additional Item.
4.4. Any alterations to or additions to the Installation, whether by way of variations or otherwise, must be requested in writing and shall be an Additional Item.
4.5. Unless stated in the Specification, no allowance has been made to provide any form of interlinks from the system under our control to any other system or equipment on site. Any works to provide interlinks in any form, Including switching, signalling or control will be an additional item.
4.6. Where the Equipment is required to meet a particular level of audibility, whether relating to an identified level of clarity or minimum volumes, Capital Response accepts no liability to comply with these requirements when the quantities and/or location of Equipment has been instructed by a third party, whether as detailed on layout drawings or Equipment schedules or otherwise. If required, the Commissioning Engineer will carry out a full audibility test on completion of the Installation and report on any defect as an Additional Item. The cost of any work involved in raising the level of audibility shall be an Additional Item.
4.7. Unless specifically stated in the offer, Systems that use Voice Alarms to have their Speech Intelligibility confirmed via RASTI Testing have not been included. Where such tests have been specifically included and documented in our quotation, they will be carried out only after full on site tests, which will need to be carried out after the main structural works have been completed.
4.8. The price for the Installation shall include Commissioning upon completion of the Installation in accordance with clause 5
5. COMMISSIONING
5.1. Where the Equipment to be commissioned has not been installed by Capital Response, the Customer will be required to provide a Site Representative on the Site for the period of Commissioning.
5.2. Prior to the commencement of commissioning, the Customer is required to provide the Commissioning Engineer a complete set of all cabling test sheets for review & retention. The test sheets must provide the minimum detail as required in accordance with current IEE Regulations.
5.3. Where the Commissioning involves fire alarm systems, any documents not available to the Commissioning Engineer, will be recorded on the Commissioning Certificate as being a variation from the current version of BS5839.
5.4. The Commissioning Engineer will carry out low voltage continuity earth line resistance and capacitance tests on all circuits as part of the Commissioning and any failures will be notified to the Site Representative who will be required to instigate the clearance of these faults.
5.5. The Commissioning Engineer must be satisfied prior to commencement of Commissioning that all cables are clearly marked and identifiable as well as all conductors. With regard to Commissioning involving fire alarm systems, all cables and conductors must be appropriately identified and if not, this will be recorded on the Commissioning Certificate being a deviation from BS5839.
5.6. In the event of any delay of Commissioning and which is not due to the failure of Capital Response and whether caused by the Customer or otherwise, Capital Response retains the right to charge as an Additional Item for either an abortive visit or for the additional hours incurred in waiting for the faults to be rectified. Any such Additional Item will be charged at the applicable hourly rate for Commissioning services. In addition, any time lost due to lack of access to the site on the pre-arranged day, incomplete works, unavailable access equipment or lack of installed drawings will be charged as an Additional Item.
5.7. The Commissioning Engineer will record any additional time involved in the Commissioning which must be authorised by the Site Representative. The failure by the Customer to acknowledge and accept these charges as they are incurred will result in the Commissioning Engineer not returning to the Site to complete the works.
5.8. The cost of Commissioning only includes the final connection of any control Equipment. All field Equipment must be connected by the time the Commissioning Engineer attends the Site. If any cables are to be terminated by the Commissioning Engineer, then these must, where applicable, be glanded and stripped ready for termination. Additional costs will be incurred for this facility.
5.8.1. Commissioning includes testing Outputs of Interface devices, NOT the actual operations of the system.
5.9. Where the order is for supply and Commission only, any Detector Heads should not be fitted by the Customer until all cable testing has been completed. Addressing fault free cabling, devices, and installation of detectors in the correct place remains the responsibility of the Customer.
5.10. The Customer will be required to provide all analogue and addressable systems programming data at least 10 working days prior to Commissioning. This data should include all device locations, zone text and cause and effect methodology. The failure by the Customer to provide such data may delay the Commission for which Capital Response will not be liable. The delay in providing this data may also require the Commissioning Engineer to make an additional visit or visits for which an Additional Item may be charged.
5.11. The Customer is responsible for and required to make available to the Commissioning Engineer all installed drawings and zone charts for specific schematic drawings. If requested at the time of commencement of Commissioning, the Commissioning Engineer will, during such Commissioning, be prepared to assist to ensure that on addressable systems the correct address numbers are provided for inclusion on their own as installed drawings.
5.12. Any Equipment supplied by Capital Response which is to be commissioned will be tested in the presence of the Site Representative. If a Site Representative is not present, then the Customer will be deemed to accept the commissioning as if the Site Representative was present.
5.13. The Customer is required to give at least 10 working days’ notice for the attendance of the Commissioning Engineer.
5.14. The Commissioning allows for one final handover to the Customer. In the event the Customer requires any third party to be present to approve the Commissioning, then the Customer must arrange the time and any additional visit required to demonstrate the system to any third party will be an Additional Item.
5.15. At commissioning, Capital Response is often unable to test with full operational noise levels present, in which case, Capital Response will be pleased to conduct a further test at a later date. This would be charged as an Additional Item based on the engineering time on site.
5.16. On completion of the works, Capital Response recommends that the new commissioned system is placed into soak test for a period of one week prior to the official handover. This will allow the system to be monitored for any potential sources of false alarms and to allow the quiescent parameters to settle down.
5.17. ‘Soak Test’ means that the system will be ‘live’, but that it will not be connected to any remote monitoring centre and the audio/visual alarms may be disabled.
5.18. Standard Commissioning is for ‘one out, all out’ Cause & Effect philosophy. Development or more complex Cause & Effect Commissioning will be charged as an Additional Item, as will multi-panel or networked installations.
5.19 Capital Response often supply smoke detectors with dust caps fitted. These are designed to keep builders dust and other pollutants out of the detectors during ‘building works’. They should be left in place on detectors until commissioning, and will be removed by the Commissioning Engineer. Commissioning before builders work is complete results in detectors being contaminated by dust and increases the likelihood of false alarms and premature failure. Contaminated devices will incur additional costs for either cleaning or replacement.
5.20 Capital Response will not re-fit dust caps after commissioning unless given an instruction to return to site to re-commission when builders work is complete.
6. DATE FOR INSTALLATION AND/OR COMMISSIONING
6.1. The Installation and/or Commissioning shall be carried out by Capital Response during Engineers normal working hours unless otherwise specified. Any date mentioned by Capital Response in the proposal is a proposal only and not a term of the Contract.
6.2. If Installation and/or Commissioning is delayed by any circumstances outside Capital Response’s reasonable control (including, without limitation, war, civil disorder, natural disaster, fire, flood, theft, industrial dispute, delay by suppliers carriers or other subcontractors, inability to obtain materials labour or manufacturing services from usual sources, manufacturing faults, or acts of omissions of the Customer), the date for Installation and/or Commissioning shall be extended until a reasonable time after such circumstances have ended.
6.3. The Customer’s acceptance of Installation and/or Commissioning shall constitute a waiver of any claim by the Customer in respect of delay.
6.4. The Customer shall pay as an Additional Item for any work carried on outside the Engineers normal working hours.
6.5. Any act or omission of the Customer causing any delay of 30 minutes or more during the Engineers normal working hours shall be charged as an Additional Item.
7. ACCEPTANCE
7.1. The Installation, Maintenance and Commissioning shall be deemed to have been accepted by the Customer and in all respects in accordance with the Contract on signature by the Customer of the Acceptance Certificate, or where the Equipment is not installed by Capital Response upon the expiration of three days after delivery unless the Customer gives notice of rejection within that period.
8. THE CUSTOMERS OBLIGATIONS
8.1. The Customer shall ensure that the Site and access to it are safe and suitable for the Delivery, Installation and Commissioning of the Equipment, that all necessary licenses and consents have been obtained, and that there are suitable power supplies for hand tools, adequate lighting, toilet, and rest facilities, secured facilities for the storage of plant and machinery necessary to carry out the Contract and an acceptable and safe working environment. 230-volt AC 13 amp unswitched fused spur supplies are to be provided adjacent to the proposed panel/charger/control locations which must be certificated to the current edition of the IEE Wiring Regulations. As far as access to the Site is concerned, the Customer will be expected to provide Capital Response with such information and plans as may be reasonably required including details of any security arrangements to enable Capital Response to fulfil its obligations under the Contract.
8.2. The Customer shall provide at its own cost Capital Response with all facilities and help that it may reasonably require including (without limitation) access to the Site at all times, parking space and all necessary ladders and scaffolding or other items required for access to the Site, which shall be safe to use and comply with all relevant Health and Safety legislation and in particular with regard to fire alarm beam detectors, suitable access will be required to safely access both ends of each beam set simultaneously.
8.3. The Customer must advise Capital Response of the existence of concealed pipes, wires and cables for water, gas, electricity, telephone, computer, data communication and other such services affecting the Site and shall confirm the location of such services to Capital Response before Installation and/or Commissioning commences. In the absence of such notice, Capital Response accepts no liability for damage to such services or any loss, damage or injury whatsoever incurred or sustained in consequence thereof as the Customer hereby acknowledges, and the Customer shall indemnify Capital Response against any claim whatsoever for loss damage or injury resulting from damage to such services as aforesaid.
8.4. The Customer shall be responsible for and reimburse Capital Response for any charges made by the Police, Fire or any other authority to Capital Response in connection with the Installation and/or Commissioning.
8.5. The Customer shall only operate the Equipment after the Acceptance Date and in the case of Equipment installed by Capital Response shall only operate the same in accordance with the written information and instructions which may from time to time be supplied by Capital Response to the Customer.
8.6. Such facilities as are reasonably requested by Capital Response and not provided by the Customer and which are necessary for the Installation and/or Commissioning shall be provided by Capital Response and charged to the Customer as an Additional Item.
8.7. The Customer shall ensure that there is no interruption to the work of Installation and/or Commissioning. The price is based on the assumption of full continuity of work and that Capital Response shall have unhindered access during Engineers normal working hours.
8.8. The Customer shall be responsible for complying with all instructions of the Manufacturers of the Equipment for its use, particularly with regard to any environmental conditions.
9. PRICE AND PAYMENT TERMS
9.1. The price payable under the Contract shall be as specified in Capital Responses proposal, together with Value Added Tax and any other tax, duty or levy chargeable in respect of the Contract. The price specified is nett and no deduction for early settlement or retention or for any set-off or counterclaim may be made. Unless specified in the proposal, no main Contractor’s discount has been allowed for in the price.
9.2. Unless otherwise stated, any Additional Items shall be added to the price.
9.3. Unless otherwise specified the Customer shall pay the price and Additional Items (if any) as follows:
a) in the case of Installation and/or Commissioning within 30 days of date of Invoice or Application in which the appropriate Certificate is issued;
b) in the case of any interim account, within 30 days of date of Invoice or Application to which the account relates.
9.4. Capital Response shall be entitled to render to the Customer an interim account every month for all work of Installation and/or Commissioning where the work at the start of the Installation and/or Commissioning quoted is likely to exceed 20 working days.
9.5. Capital Response reserves the right to charge interest at 7% above Bank of England base lending rate for the time being on any overdue payments until repaid in full.
9.6. Capital Response reserves the right to recover from the Customer all direct expenses reasonably incurred by Capital Response in connection with any overdue sums.
9.6.1. Without prejudice to any other rights of Capital Response, and by reason of a Credit Check, if there is any reason to doubt that the amounts due from the Customer under the Terms of the Contract will be paid in full according to the Terms thereof, then Capital Response reserves the right to payment in full before delivering the Equipment or performing the Installation or Commissioning or any other services whatsoever for the Customer.
9.6.2. The Customer shall indemnify Capital Response against all losses sustained or extra expenditure incurred as a result of such a suspension of Delivery or Installation or Commissioning including a reasonable allowance for storage.
9.6.3. Where payment requested in accordance with this Condition is not received within 30 days of demand, Capital Response reserves the right to sell or dispose of the Equipment produced or acquired for the Customer and to recover any additional loss from the Customer.
10. RETENTION OF TITLE
10.1. Legal ownership of the Equipment is to remain vested in Capital Response until both the price for the Equipment and any Additional Items have been paid for in full, and until full payment has been received by Capital Response under any other contract with the Customer for which payment is outstanding.
10.1.1. Failure to pay the full amount when due shall give Capital Response or its employees or agents, the right to repossess the Equipment (and enter the Customer’s premises for that purpose if necessary) with or without notice and without liability and, at its option, to avail itself of any other legal remedy.
10.1.2. Capital Response shall have the right to sell the Equipment once it has been re-possessed under this Condition.
10.2. Notwithstanding this clause 12, Capital Response shall be entitled to maintain an action for the price of the Equipment and Additional Items at any time after the date when payment is due.
11. VARIATION WORK
11.1. Capital Response will consider any reasonable request by the Customer in respect of variation work, whether by way of addition, omission, or substitution of any work, whether Installation or Commissioning. The price of any such variation work shall be an Additional Item in accordance with Capital Response day work rates.
12 CANCELLATION
12.1. Capital Response will accept a cancellation of an order for Equipment if, and only if, said Equipment has not been despatched and is carried as part of its normal stock. Such cancellation must be confirmed in writing and accepted by a director of Capital Response. A charge of 10% will be made for any stock cancellations.
12.2. In the case of all other orders, whether for Equipment, Installation, Maintenance or Commissioning Capital Response will not accept cancellation.
12.3. Capital Response reserves the right to levy a minimum cancellation charge and re-stocking charge of 25% of the value of any order for Equipment which is accepted, or 35% if the equipment has already been delivered at the time of collection.
13. IMPROVEMENT TO SPECIFICATION
13.1. Capital Response policy is one of continual improvement, and Capital Response reserves the right to amend or change any Equipment Specifications or products listed in the Specification at its discretion at any time without notice.
13.2. Capital Response also reserves the right because of difficulties in obtaining supplies to use at its discretion Equipment and materials other than those specified provided that this does not materially affect the performance of the Equipment or the system.
14. TECHNICAL INFORMATION/ADVICE
14.1 Capital Response is not able to provide drawings in any format required for a Customer’s Building Information Module (BIM) unless expressly stated and costed in the proposal document. However, Capital Response will assist in obtaining electronic files from its suppliers. Capital Response accepts no responsibility for any costs associated with the building of electronic files when these are not available from its suppliers for standard or other products.
14.2. Any technical information supplied by Capital Response shall only be relied upon by the Customer if confirmed in writing by Capital Response. Capital Response is not liable for any such technical information provided verbally by its employees. Capital Response relies upon the information supplied by the manufacturer of the Equipment and shall, wherever so practicable, supply the Customer if so requested with copies of the manufacturer’s technical information.
15. LIABILITY
15.1. Capital Response has no special knowledge of the nature and value of the contents of the premises at the Site for which the equipment has been specified and in which it is to be Installed, Maintained or Commissioned or of the nature of the risks to which the premises and their contents will be or may from time to time be exposed. The potential loss or damage which the Customer might suffer is likely to be disproportionate to the price that can reasonably be charged by Capital Response under agreements of this nature. As the Customer knows or should know the extent of such potential loss or damage and is therefore in the best position to do so, it should insure against all likely risks.
15.3. The Customer is required to notify Capital Response of any claim as soon as is reasonably possible and in any event within 1 months of the act omission or occurrence giving rise to the damage or loss.
16. WARRANTIES
16.1 Capital Response shall pass to the Customer the benefit of the standard 12 months equipment warranty or guarantee given by the manufacturer of the equipment supplied to the Customer under the Contract, unless stated otherwise.
16.2. If within 12 months of the Acceptance Date any defect (other than normal wear and tear, or corrosion) appears in the equipment or its Installation, Capital Response shall replace or make good the defect, save where the Installation is unreasonably delayed by the Customer, whether by default, negligence or otherwise, the said period of 12 months shall be proportionately reduced by the period of delay.
16.3. Capital Response shall be obliged under 16.1 and 16.2 above only if:
16.3.1. the equipment has been operated properly and in accordance with good industry practice and with any instructions and recommendations made by the Manufacturer of the Equipment and has not been modified or misused; and
16.3.2. the Customer has given the notice to Capital Response within 28 days after the appearance of the defect,
16.3.3 If the site is not maintained by Capital Response, the warranty is limited to replacement of the device only. (Attendance to the Site or labour is not included under these warranty terms).
16.4. Any visits to the Site of the Customer in connection with the Installed, Maintained or Commissioned will require written instructions from the Customer. The attendance of the Commissioning Engineer to the Site whether to carry out repairs, investigate reports of false alarms or faults on the Equipment whether Supplied, Installed, Maintained or Commissioned, caused by misuse, damage, neglect, or vandalism will be charged as an Additional Item, it shall be at the cost of the Customer at Capital Response then daily work rates.
17. EXCLUSION OF LIABILITY
17.1. Except as provided for in Clause 15, Capital Response shall not be liable to the Customer for any consequential loss or damage of whatsoever nature including, without limitation, loss of use, production, profits, custom or goodwill, damaged property, and increased operation expenses (however arising) whether from breach of contract or negligence or otherwise.
18. CUSTOMER’S DEFAULT
18.1. If the Customer shall fail to observe and perform any of these Conditions or if any distress or execution shall be levied on the Customer’s property or if the Customer shall make or offer to make any arrangements with creditors (where the Customer is an individual or firm) if an Interim Order under Section 252 of the Insolvency Act 1986 is made in respect of or a Petition in Bankruptcy is presented against the Customer or (where the Customer is a Company) if a Receiver or Manager of the Customer’s assets or an Administrative Receiver or Administrator of the Customer shall be appointed or if a Resolution or Petition to wind up the Customer shall be passed or presented, Capital Response shall be entitled (in addition to any other rights or remedies) to suspend performance of Capital Response obligations under the Contract, or to terminate the Contract or to suspend and later terminate. If Capital Response cancels the maintenance as covered under this clause, Capital Response will write to the Customer at their last known address advising them of the cancellation and the date from which it becomes effective.
19. SUB-CONTRACTING
19.1. Capital Response may sub-contract the performance of all or any of its obligations under the Contract.
20. DESIGN
20 Design Liabilities and Limitation
Insofar as the design of the Sub-Contractor’s Designed Works is comprised in the Sub-Contractor’s Proposals and in what the Sub-Contractor is to complete in accordance with the Contractor’s Requirements and these Conditions (including any further design required to be carried out by the Sub-Contractor as a result of a Variation), the Sub-Contractor shall in respect of any inadequacy in such design have the like liability to the Contractor, whether under statute or otherwise, as would an architect or, as the case may be, other appropriate professional designer holding himself out as competent to take on work for such design who, acting independently under a separate contract with the Contractor, has supplied such design for or in connection with works to be carried out and completed by a building contractor who is not the supplier of the design.
21. Accreditation
21.1. Capital Response is registered under BAFE 203-1 scheme. The schemes are administered by the Security Systems & Alarm Inspection Board (SSAIB) and are the definitive 3rd party certification schemes for firms engaged in the design, installation, commissioning and servicing of Fire Detection and Alarm Systems & Gas Extinguishing Systems.
21.1.1 Under BAFE, all new fire detection systems that Capital Response installs must be fully compliant with BS5839 and the scope of the scheme. This includes detailed documentation covering the integrity of the finished installation and comprises of:
• As installed drawings
• Full audibility test with readings, including a sample of ambient levels
21.1.2 As required by BS5839 a Design Certificate is also required to be signed by the person taking responsibility for the Design. This is required prior to the start of Installation.
21.1.3 If the design is not by Capital Response, the Designer will need to supply this Certificate.
21.1.4 If Capital Response is responsible for the Design, Capital Response must be given an instruction by the Customer and their representatives to undertake the design to a certain category, based on a Risk Assessment.
21.1.5 An BAFE certificate will be issued on all new Installations except where the Installation is an extension of a non-BAFE certificated system.
21.1.6 Capital Response Labour charges will include the site time required to complete a comprehensive audibility test and to complete the necessary documentation.
21.2 SSAIB Accreditation
21.2.1 Capital Response is an approved SSAIB installer. This scheme is administered by the Security Systems & Alarm Inspection Board (SSAIB) and is the definitive 3rd party certification scheme for Security Systems Services.
21.2.2 Under SSAIB accreditation all new security systems that install must be fully compliant with SSAIB regulations and the entire scope of the scheme.
21.2.3 As required by SSAIB, all new systems must meet the requirements of the relevant BS and EN standards. An SSAIB Certificate of Compliance will be issued on all new installations except where the installation is an extension of a non-SSAIB certificated system.
21.3 Fire Alarm System Design
21.3.1 Unless stated elsewhere, the proposal has been provided based upon a design by others, therefore responsibility for providing a design certificate to BS5839 is by the originator (i.e. not Capital Response)
21.3.2 In cases where the system has been designed by Capital Response to BS5839, the Design Certificate will be raised and uniquely numbered, identifying the system design category and site details, kept on file and issued to the relevant parties upon receipt of the order.
21.3.3 In order to fully comply with BS5839 Category L2, Capital Response will require specific areas considered to be of a High Fire Risk to be highlighted by a Fire Risk Assessment or Fire Strategy Document developed by interested parties such as Building Control, the Building user, the Fire Authority etc.
21.3.4 BS5839 Category L5 systems are based on specific ‘Fire Safety Objectives’. These ‘objectives’ will have been defined in a Risk Assessment developed by interested parties such as Building Control, the Building user, Local Fire Authority etc. Capital Response cannot prepare a design to L5 unless provided with specific data for the areas to be covered. If Capital Response issue an L5 design certificate it will, by necessity, state that the design is based on information provided to Capital Response by others.
21.3.5 In cases where Capital Response is replacing all existing equipment on a like-for-like basis only, utilising the existing positions for device selection, zoning etc, Capital Response cannot be responsible for the design category.
21.3.6 Proposals relating to the positioning of actuation devices have been based on the drawings provided. In the absence of detailed section/structural drawings, Capital Response cannot accept responsibility for compliance to Standards should additional devices be required to provide protection to compartments, voids, ducts etc., which are not identified by the information provided.
21.3.7 In cases where the system has been designed by Capital Response, the quantity and location of the alarm sounders is based on the experience of sound levels obtained in general working environments with the intention of meeting the audibility requirements of BS5839. Proposals are given in good faith, but due to the complexity of sound level variation caused by wall partitions, carpeting, furniture and doors, it cannot be guaranteed that all areas will have an adequate audibility level.
21.3.8 Should extra sounders be required; Capital Response would be pleased to supply these as an Additional Item.
21.3.9 Unless stated otherwise, Capital Response has not carried out a site radio survey and costs for this element of the works are a proposal and based on experience for such applications. Costs are subject to finalisation prior to commencement of the works and variations could be incurred.
21.3.10 Unless a site survey has been carried out with all facilities being in place, such as HVAC etc, Capital Response will base the proposal on drawings provided. Proposals relating to the positioning of actuation devices, nozzles, pipework and other associated Equipment will be based on the drawings provided or assumed locations if drawings are not provided. In the absence of detailed section/structural drawings, Capital Response cannot accept responsibility for compliance of Standards should additional mechanical and electronic equipment be required to meet the standards, and such variations will be charged as an Additional Item
22. Security System Design & Signalling
22.4.1 Unless stated otherwise, in accordance with the European Standards and to determine the grading of the Intruder and Hold-Up Alarm System, a site survey and risk assessment of the property must be carried out. The risk assessment relates solely to the grading and design of the proposed Intruder and Hold-Up Alarm System and is based upon information available at the time of survey. It is the Customer’s responsibility to ensure that the system grading specified is acceptable to their insurance company.
22.4.2 In cases where Capital Response is replacing all existing Equipment on a like-for-like basis only i.e. utilising the existing positions for device selection, zoning, circuitry etc, Capital Response cannot be responsible for the continuity of grading of the system unless suitable information is provided by the client.
22.4.3 Proposals relating to the positioning of actuation devices have been based on the drawings provided. In the absence of detailed section/structural drawings, Capital Response cannot accept responsibility for any Client’s specific requirements should additional devices be required to provide protection to areas which are not identified by the information provided.
22.4.4 Unless stated otherwise, Capital Response has not checked that the design meets the grading that maybe specified or referred to in any specification or drawings referred to or otherwise implied.
22.4.5 When an Intruder and Hold-Up Alarm System is being un-set, the Police have historically been called to a high incidence of false alarms. In view of this, additional safeguards are now required for some un-setting methods. The proposal details the suggested un-setting method. However, Capital Response advises that the Customer’s insurance company is contacted to confirm that this method is acceptable to them.
22.4.6 The Intruder and Hold-Up Alarm System external audible warnings will be fitted with a cut-out facility to operate after 15 minutes following alarm activation. After the operation of the cut-out device, the system will automatically re-arm, excluding any circuit(s) which caused the initial activation, but will only operate the local audible warning(s) in the event of a further activation.
22.4.7 In cases where the Intruder and Hold-Up Alarm System is linked to the Capital Response Alarm Receiving Centre (ARC) and, subject to any verification routines, alarm signals generated from site will be relayed to the Police. Capital Response would advise that if the Police receive an excessive number of false calls, this could result in the withdrawal of their response to signals originating from the alarm system, leaving the customer on Key holder response only. It is in the Customer’s interest to be aware of false alarms and to minimise the risk of occurrence.
22.4.8 The system will either generate open/close signals each time the system is set or unset, or it will generate an abort signal following activation when the code is entered into the keypad. Should Capital Response receive an intruder signal from site while the system is un-set, or if Capital Response receive an abort signal within 90 seconds from receiving an intruder signal, the Police will not be called.
22.4.9 All detection devices remain fully active until an authorised Key holder enters the premises via the designated entry route, automatically triggering the entry delay timer. This will allow access to the keypad only to disarm the system.
22.4.10 Where signalling to the ARC is required the provision of a PSTN telephone line or connection to an IP Router will be required that will remain the responsibility of the customer to provide and maintain.
23. MAINTENANCE
23.1 Under the guidelines of security systems and fire alarms it is important that any system should be always maintained.
23.2 Following connection of the signalling system to Capital Response Alarm Receiving Centre (ARC), there will be a trial period during which Fire, Intruder and Hold-Up Alarm signals will be subject to a Key holder response only and will not be passed to the Police.
23.3 The trial period shall continue until the Fire, Intruder and Hold-Up Alarm System has been free of alarm signals (which would otherwise have been passed to the Police) for a period of fourteen consecutive days. Should thirty days have passed from connection and the trial period has not been satisfied, then Capital Response will inform the Customer that the system is still not subject to a Police Response.
23.4 Capital Response offers one of the following Service Level Agreements. Detailed Terms & Conditions, including any exclusions, are outlined within the Maintenance Contract Agreement (a copy of which is available upon request):
• Labour costs for basic maintenance
• Access to technical support (engineer on call) 24 hours a day 365 days of the year
23.5 Unless stated otherwise within the proposal, any cost associated with on-going line rental and monitoring charges for digital communicators or Redcare signalling is excluded from the Service Level Agreements.
23.6 Minimum contract term will be 12 months, unless stated otherwise
23.7 Capital Response requires 1 months written notice for contract termination
23.8 Costs will be charged in accordance with the Emergency Engineer Callout Rates Schedule and the Service Level Agreements detailed within the proposal
23.9 Engineer travel costs will be charged at the same rates.
23.10 Chargeable time on site will be in hourly increments and part hours will be increased to the next highest whole hour
23.11 Where Capital Response is taking over responsibility for Maintenance from another provider, Capital Response will undertake a basic survey as part of the first visit to verify the state of the system and quality of maintenance records
23.12 Based on findings, Capital Response may recommend an initial 100% test of the system prior to continuing with the normal routine inspections. This test would be charged separately and would only apply where previous maintenance was poor, insufficient records where available or the system is deemed to be in an unsatisfactory state
23.13 Any problems identified within 90 days of commencement of contract, which in the opinion of Capital Response, affect the integrity of the system, will be deemed to have existed prior to our involvement and rectification may be subject to additional charge.
24. HEALTH & SAFETY
24.1 Capital Response engineering team will be provided with appropriate personal protective equipment. If any special requirements are required by the customer such as uniform colour, labelling etc, then this may be charged as an additional item.
24.2 Competence
24.2.1 Capital Response recognises its duty of care under the Health & Safety at Work Act 1974 and other relevant statutory provisions. So far as is reasonably practicable, Capital Response will provide and maintain a safe and healthy working environment for Company employees. It is expected that any risks associated with site operations will be brought to the attention of Capital Response in order that this duty of care is not compromised.
24.1.2 Capital Response provides the highest levels of competence in respect of all work carried out. Capital Response holds 3rd party certification to ISO9001 & Safe-Contractors.
24.2 Asbestos
24.2.1 It is important for both Capital Response and Customers that any asbestos is not disturbed when working on site. At the start of any works, Capital Response is to be advised of any known asbestos issues on site and shown the asbestos register, unless the Customer confirms in writing that the building is asbestos free. The Customer has a legal obligation to provide Capital Response with this information.
24.2.2 Capital Response has detailed procedures covering what to do if asbestos is discovered on a site during works, and engineers are made aware of this through training and toolbox talks.
24.2.3 Proposals are provided on the understanding that:
• The areas of works within the building are free from asbestos.
• Any asbestos within the building has been identified clearly and accurately and detailed in the site asbestos register, following a survey undertaken under the authorisation of the building duty holder, and that this information has been brought to the attention of Capital Response in writing prior to the proposal being issued.
24.3 Access Equipment
24.3.1 Access above 3.5 metres is not provided but may be dependent on pre-contractual agreement. Capital Response engineering activities will be carried out using standard step ladders. Any other form of access below 3.5 metres, such as podiums, will need to be provided free of charge to Capital Response in order to carry out their duties.
24.3.2 Special arrangements may be made separately for the hire of scaffolding etc. to access high level detection.
24.3.3 Powered access equipment will only be driven by trained operators assisted by a banksman (if required), who have attended a recognised course and hold an IPAF certificate.
25. CONFIDENTIALITY
25.1 The proposal forming part of this response is confidential information and is proprietary to Capital Response Ltd. This information is supplied without liability for errors or omissions. No part of this document can be reproduced, used or disclosed in any way, without the prior written consent of Capital Response. The copyright and foregoing restriction of reproductions, use and disclosure extend to all media in which this information may be embodied.
26. INSURANCE
26.1 Capital Response holds the following insurances; full details are available upon request:
• Employers Liability £10M
• Public / Products Liability £10M
• Efficacy (Products) Liability £5M
• Professional Indemnity Insurance £500,000
26.1. This Contract comprises the entire agreement between the parties relating to the subject matter hereof, to the exclusion of all other terms and conditions, prior collateral agreements, negotiations, notices of intention, promises, warranties, undertakings and representations (collectively “representations”) other than those representations expressly included in the Contract; the parties agree that they have not been induced to enter into this Contract on the basis of any representations other than those expressly included in the Contract; and neither part shall be bound by or liable for any representation of any kind or nature not expressly included in the Contract.
26.2. The Customer shall not rely on any variation of the Contract or any waiver of any of its terms unless contained in or evidenced by a letter or e-mail transmission sent by or on behalf of Capital Response.
27. NOTICES
27.1. Any notice by either party to the other pursuant to these Conditions shall be given by letter or electronic mail. The notice period either way must be no less than 1 calendar month from the date of the notice.
28. LAW and JURISDICTION
28.1. The Contract shall be subject to and construed in accordance with English Law and both parties hereby submit to the exclusive jurisdiction of the English Courts.
29. ARBITRATION
29.1. Any dispute or difference of any kind whatsoever which arises or occurs between the parties in relation to anything or matter arising under, out of or in connection with the Contract shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Chartered Institute of Arbitrators in accordance with the rules of the Chartered Institute of Arbitrators. Purchase only terms and conditions are available on request