STANDARD TERMS & CONDITIONS
The following terms and conditions govern your use of the Fort Knox Security Ltd services and the materials available therein.
The following words shall mean:
Conditions: the terms and conditions set out in this document
Contract: any contract between the Buyer and Fort Knox Security Ltd for the sale and purchase of the Goods or services.
Delivery Point: the place at which the Buyer collects the Goods
Goods: the goods or services that the Buyer agrees to purchase from Fort Knox Security Ltd ” Price: the price for the goods excluding carriage, packing, VAT, and insurance shall be the price set out in the Fort Knox Security Ltd current price or set out in the written estimate provided at the date on which an order is made
Seller: Fort Knox Security Ltd or address of Fort Knox Security Ltd
Working Day: Monday to Friday excluding bank and other public holidays
APPLICATION OF TERMS
The Contract shall be on these Conditions to the exclusion of any other terms and conditions. ” Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.
- No terms or conditions endorsed upon, delivered with or contained in any Seller’s/Sellers’ purchase order, confirmation of order, specification or another document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.
- No order placed by the Buyer will be accepted by the Seller until he/she/it/they have/has sent to the Buyer acknowledgment and acceptance of the order. Upon the Seller sending the acknowledgment and acceptance of the order, the Seller and the Buyer will have a binding contract between them.
- The Buyer warrants that all the details in the order are complete and accurate. ” The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.
The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller. ” All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.
TITLE AND RISK
Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.
All invoices are payable without discount of any kind in Pounds Sterling within 14 days of the date of the invoice and in no circumstances, may the Buyer make any deduction or withhold payment for any reason at all. Estimates are valid for three months only. We only invoice our customers, we do not invoice third parties or insurance companies.
Fort Knox Security Ltd represents and warrants that it has the right and authority to make the supply and fitting of automatic gates and access control and CCTV systems available pursuant to these General Terms and Conditions. ” All services and materials are provided on an “As Is”, “As Available” basis and Fort Knox Security Ltd and each third-party supplier of materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
- The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except: ” for death or personal injury resulting from the Seller’s negligence; and ” as expressly stated in these conditions.
- The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or his/her/its/their authorized agent.
- The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.
CONTRIBUTION to Fort Knox Security Ltd Of www.fortknoxsecurity.co.uk / .ltd.uk
The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company but the sub-contracting shall not relieve it of any liability under the Contract. ” The Seller and the Buyer shall not assign, delegate or otherwise deal with all or any of their rights and obligations under the Contract.
If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and he/she/it/they gives prompt notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use his/her/its/their best endeavours to avoid or remove the causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever the causes are removed or diminished.
If there is any conflict between these terms and specific terms appearing elsewhere (including local house rules) then the latter shall prevail.
Each right or remedy that the Seller and the Buyer have under the Contract is without prejudice to any other right or remedy that may exist.
In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, void able, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.
If the Seller or the Buyer:
- fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power.
- Any waiver of a breach of any provision of the Contract shall not: ” be deemed to be a waiver of any subsequent breach or default; and ” affect the other terms of the Contract.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. These terms shall be governed by and interpreted in accordance with the law.
The names, images and logos identifying Fort Knox Security Ltd, or third parties and their products and services are subject to copyright, design rights and trademarks of the Fort Knox Security Ltd and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Fort Knox Security Ltd or any other third party.
These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by Fort Knox Security Ltd immediately upon notice.
- Fort Knox Security Ltd may terminate the subscription for access to the website www.fortknoxsecurity.ltd.uk The effective date of termination shall be ten days after the receipt of an appropriate notice of termination unless a later date is specified in the notice. Fort Knox Security Ltd may suspend or discontinue providing the Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
- Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Services by the provider thereof. Notices shall be deemed to have been properly given on the date posted, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner. Notices to the provider of the Services should be sent to your account representative.
- The failure of the provider of the Services or any third-party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. ” The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Services without the prior written consent of the provider of the Online Services.
- These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the UK.
- Each third-party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary.
Estimates for work undertaken are given in good faith. If, after instruction to commence, it is discovered that alterations to the original cost are necessary, the company reserves the right to make amendments to the estimate. All work carried out that is over and above that originally specified in the estimate is chargeable. This specifically applies to cases where the buyer has requested extras either at or after the time of installation of the system. Additional charges may be applied for extra work caused directly or indirectly by the buyer or any person, company or subcontractor other that Fort Knox Security Ltd through delays, amendments or changes.
All materials supplied by the company but not required for a specific job remain the property of the company. EG leftover bricks bought for your piers. Specifications given for a job may be changed by the company if the company elects that a different specification would better suit the installation.
This may give rise to increased cost to the buyer. Only estimates were written or electronic are valid for any recourse. No estimate or advice given verbally is valid.
- Any notice to be given under the Contract shall be: delivered personally; sent by first class prepaid recorded delivery or registered post;
- A notice shall be deemed and served as follows: if personally delivered, at the time of delivery; if posted, within 48 hours of posting or in the case of airmail seven days after the envelope was delivered into the custody of the postal authorities
HEALTH AND SAFETY
It is the responsibility of the buyer to provide a safe and healthy environment for staff of Fort Knox Security whilst they are on site. The requirements of the company include but are not restricted to the following; Sanitary services including drinking water, traffic restrictions whilst working in or around roads and driveways, children, those needing special care and animals to be kept away at all times.
Gates and barriers for vehicle use should at no time be used by pedestrians.
The company is in no way responsible for any damage or injury or loss, directly or indirectly caused by gates or any other equipment whether supplied, installed, modified or maintained by the company or any other company. Our engineers reserve the right to refuse to work if conditions are considered unsafe. If this is the case then you will still be charged for any time and mileage spent so far.
The company is in no way responsible for the security of any of the property of the buyer. The buyer should be aware of the fact that gates, grilles or any of the security systems supplied, installed, maintained or modified by the company can only act as a deterrent and can never be 100% secure against any person determined to gain access.
It is the responsibility of the buyer to be aware of any special permission needed to allow the installation of gates, rails, cameras etc… This relates to local planning permission, rights of way, disabled access rights, TPOs and any other special permission not listed here.
Gates will be fitted to open inwards towards the property as standard.
Cable runs will be taken by the easiest route above ground and on the surface of the walls. Gates opening speed may not be adjustable. Gates will be fitted with safety devices as required by regulations.
Systems installed as new are covered by a warranty period of one year from date of invoice. After the first year, any remaining manufacturers warranty is honored on a part- only basis, labor will be charged on replacing warranty parts if the system is over a year old.
Warranty does not cover additional repairs to gates or automation.
Reconditioned or second-hand equipment carries no warranty. Warranty is subject to the system being serviced at the recommended intervals.
No warranty is given or implied to any part or work that has been damaged by any life form, deliberate or otherwise.
No warranty is given or implied to any part or work that has been damaged by any natural force including but not limited to lightning, electrostatic discharge, flood or rain, landslide, falling trees.
We charge customers by mileage and time on site.
The mileage is worked out using google maps to show the fastest route from us to you. The current call out charge is £3.30 + vat per mile.
So, if you’re 15 miles from us we charge 15mi x £3.30 = £49.50 +vat
Time on site is charged by 15-minute segments and rounded up to the next segment. A minimum charge of 15 minutes applies. Charges at 20/7/17 are £16.50 +vat per 15-minute segment and £3.30 + vat per mile but are subject to change.
Due to the nature of the work, it is impossible to give accurate time slots for visits. We never know what we’re going to find when we arrive on site and therefore cannot predict how long any job will take, everyone, is different. Our engineers are instructed to contact their next customer as they leave their current one. They may not have phone reception, they may only be 5 minutes away when they are able to contact you. Please allow enough time either way if you wish to be present. You may not always need to be present but please ring to check. Our engineers are background checked and have been CRB cleared to work with vulnerable adults and children.
If we can repair anything on our visit then we will and you will be charged for that visit and any parts required.
We will always try to contact you with costs but if you are not available and total costs are under £200 + vat and we have the required parts with us then we will fit the parts to repair the system and invoice you.
If we can diagnose the problem in under 0.5h but we do not have the parts and/or the time to repair it, or the repair is more than £200 +vat and you are not available to authorise it then we will not charge you for this call out and will contact you with information on costs and timings for the repair and await your authorisation in writing/email to proceed. If you do not proceed with the repair with us then we may in some circumstances charge you for the original call out and diagnosis.
If we cannot diagnose the problem in under 0.5h then we will require authorisation to continue with the diagnosis on a chargeable basis. Occasionally intercom problems can take much longer to diagnose than to repair, sometimes requiring two people and it is not economically viable for us to give a free diagnosis in cases like this.
Intermittent faults are difficult and time-consuming to diagnose and some may only be diagnosed by a process of elimination whereby we have to replace parts one at a time until the fault stops. In this case, you will be charged for parts and time used and will not be able to return parts used that it later transpires were not faulty. We will advise on the best order to complete these works by estimating the most likely cause of the fault considering the cost of parts and labour.
For example, replacing the cheapest and easiest to fit part first. As the process is based on educated guesses then we can only advise and are not responsible or liable for costs of incorrect guesses.
Cancellation of call outs may be charged at our discretion if we have already started our journey to your premises.
Callouts that we arrive at but can find no problem, ie we witness no problem and the gates or another system is working as it should, we may still charge for at our discretion.
New installation jobs include jobs where we are fitting new posts, piers, gates, automation, access controls etc, ie multiple engineers for multiple days work.
For this type of work, we require some access to your time and your property to enable the progression of the job. We do not normally need someone there for the whole duration of the job but we do generally need someone at the beginning and end of the job. At the beginning to go through the final specification with a person with the authority to make decisions on every aspect of the job. At the end of the job to handover to and demonstrate important safety features to all relevant users. On day one we usually arrive between 0930-1100 due to the need to clear out from the previous job and load up for your job, then travel to your site!
Many influencing factors are by nature unpredictable and it is not possible to give a finish time so please leave your diary free to accommodate us for the final handover. Whilst on site we also require toilet facilities, access to water for concrete, power for tools and we need the work area to be clear of all vehicles, people, debris etc… Please be aware that our work can be messy,
Please be aware that our work can be messy, noisey and dangerous.
If relevant to your work we will need information in advance of commencement of works relating to: keypad codes, telephone numbers, dila to open numbers, divert numbers, names and addresses of residents, timings for lights and other timed functions.
- Servicing your gate system does not give any guarantee.
Using prior knowledge and experience we aim to keep your gate/s adjusted, safe, reliable, sealed and lubricated.
We have a checklist of items including manual releases, oil levels, hinges, controls, batteries, safety beams and edges, enclosure and intercom water tightness. We check and correct items as is practical in the time allowed. We keep a record on our system and if nothing remarkable is found we will not contact you. If you specifically require a copy of our report then please advise us.
- If you have any specific issues with your gate then it is up to you to let us know in advance. We cannot be expected to notice every issue with your gates, especially if it is specific to your gates or is an intermittent fault.
- A fault on your gates may be normal on another gate.
- Slugs, snails, insects etc seem to be able to enter the enclosures of gate controls no matter how well we seal them up. The sealing does degrade over time and in any case manufacturers enclosures are often designed to be vented to prevent condensation. Furthermore, rodents are able to gnaw through plastic duct etc. We do our best to mitigate it but small creatures do damage gate controls and we do not offer any solution or warranty against this.
We are obliged to advise on the status of gate systems relating to safety compliance with current regulations. Whilst carrying out a service our engineer will assess your gate system and you will be sent a report and a price for work required. Due to increasing recent awareness and implementation of the regulations the vast majority of gate systems to not currently comply. We have created a system and allocated time to ensure that all of our customers get a safety report eventually but many will have to wait their turn and as a result, there is a possibility that your gates are unsafe and you have not been advised. We do a safety report when we service the gates, if we consider them dangerous, if they are in contact with vulnerable groups of people e.g. schools, if we are asked, on commercial or shared access sites. It is not financially viable to do a report for every gate on every visit and so less dangerous, private domestic sites are more likely to be postponed.
If you are concerned then please switch your gates off and get in touch and we will assess your gates as soon as is convenient. If we find that your gates do not comply and we consider them dangerous we are obliged to instruct the owner not to use that gates until they have been repaired. We will make some effort to contact while on site you but for safety reasons and to avoid a return trip we reserve the right and in extreme cases are obliged to switch your gates off without or without your knowledge.