Last Amended: March 18, 2022

1.1. These Terms and Conditions shall apply to any contract for the sale of Equipment or Materials and/or the carrying out of Installation, Maintenance and/or Commissioning by EFE Fire & Electrical Ltd and are to assist both the Customer and EFE Fire & Electrical Ltd in clarifying respective responsibilities and supersede any previous Terms and Conditions of Sale, Installation, Maintenance and Commissioning published by EFE Fire & Electrical Ltd.

1.2. In these Terms and Conditions, the following expressions shall have the following meanings;

“The Company” means EFE Fire & Electrical Ltd (EFE), 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 EFE Fire & Electrical Ltd (EFE)

to the Customer following Installation and/or Commissioning;

“Acceptance Date” means the date upon which the Acceptance occurs; “Additional item(s)” means the following where incurred:

Any special packaging costs under clause 4.4.

Transportation costs under clause 4.4. Where the Customer has requested express same day, overnight delivery or any other similar service

or where the price payable (exclusive of Value Added Tax) is £1,000 (One Thousand Pounds) or less;. or any extra costs incurred as a result of delay caused by the Customer;

or any variation required by the Customer and accepted by the Company in respect of the Equipment or 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 EFE on these Conditions of Sale of Equipment, Installation and Commissioning and any other document incorporated in a contract between EFE 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 and to the site in order to install the Equipment whether supplied by EFE

or not in accordance with the Specification;

“Normal Working Hours” means 08.30 to 17.00, Monday to Friday excluding Bank Holidays and days in lieu thereof;

“The Site” means the site 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;

“The Specification” means the detailed list of works of Installation and commissioning to be carried out on and to the Site and attached to the Contract;

“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 EFE 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 EFE in any contract or other document incorporated in such contract, the latter shall take precedence.

3 AGREEMENT

3.1. EFE shall be bound by any Contract signed by a duly authorised signatory of EFE. A proposal given by EFE is not an offer capable of acceptance so as to make it a binding Contract.

3.2. EFE provides their services at hourly rates. This may show difference depends

3.3. If any Term put forward by the Customer is inconsistent with these Terms and Conditions or any other Term specified by EFE, 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.

3.4. EFE 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.

3.5. Where the order for Equipment is based upon the standard price list of EFE the price shall be valid provided that delivery is to take place within 30 days of the date of order.

4 SALE OF EQUIPMENT

4.1. Where no specific instructions are given to EFE about the manner in which the Equipment is to be delivered or the delivery address then unless otherwise specified, EFE shall deliver the Equipment to the location mentioned in the order by such transport and in such instalments as EFE shall determine.

4.2. The cost of delivery of the Equipment shall be an Additional Item.

4.3. Delivery of standard Equipment will normally be within 10 days of receipt of order, but time is not of the essence of the

Contract. Non-standard equipment will be delivered as and when available.

4.3.1 Any short delivery or missing Equipment must be reported within 24 hours of delivery.

4.4. Any other method of delivery or any special packaging requirements must be specified by the Customer at the time of the order and shall be an Additional Item.

4.5. Delivery of standard Equipment is generally supplied from stock, but it is advisable to allow 2 weeks wherever possible in case of temporary stock shortages.

4.6. Delivery times are those anticipated from the date of receipt by EFE and assume that there is a clear trading account in existence. New accounts should add 2 weeks to the delivery time quoted to allow clearance of trade references

4.7. Were the contract is for Supply only or Supply and Commission, responsibility for safe storage and security of the Equipment lies with the purchaser. Replacements for any lost Equipment will be charged for at the Company’s standard prices.

5 NON-DELIVERY AND DAMAGED EQUIPMENT

5.1. From the time when the Equipment is despatched from EFE’s premises whether by carriage or by collection by the Customer or by delivery to the site, the risk of any loss, damage to or deterioration of the Equipment shall be and remain with the Customer notwithstanding that EFE may arrange carriage. EFE shall be under no liability arising from their choice of carrier or carriers, or from the act or omission of such carrier or carriers and the Customer waives all rights under section 32(2) of the Sale of Goods Act 1979 in addition, to any other rights hereby excluded or restricted.

5.2. EFE shall not be liable for any expenses, losses or damages caused by any delay in delivery and delays shall not entitle the

Customer to rescind the Contract.

5.3. In cases where the Company delivers directly or contracts directly with the carrier, then the Company will at its option either repair, replace or issue a credit note in respect of equipment lost or damaged in transit (other than by default of the Customer) provided that:

5.3.1. The Customer specifies on the carrier’s consignment note details of such loss or damage; and

5.3.2. In respect of complete non-arrival of all of the equipment comprised in the Contract, written notification is to be made to EFE within three days of the date of the despatch of the Equipment and separately to the carrier within the period stipulated by the carrier’s terms and conditions of carriage for claims against the carrier

5.3.3. In respect of damage to all or part of the Equipment or loss of part of the Equipment comprised in the Contract, written notification is to be made to EFE within 24 hours of delivery of the Equipment (which will normally be stated on the carrier’s consignment note) and separately to the carrier within the period stipulated by carrier’s terms of carriage for claims against the carriers. On request, EFE will inform the Customer of the name and address of the carrier and any time limit for claims stipulated by them.

5.4. Once the Equipment is ready for delivery, EFE shall be entitled to invoice and be paid for the Equipment as if they had been delivered if for any reason the Customer does not arrange for or accept delivery. EFE shall arrange storage for the Equipment and the cost of storage shall be an Additional Item.

5.5. Where the Equipment is to be delivered in instalments, each delivery shall constitute a separate Contract and failure by EFE to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.

5.6. All requests for returns must be made within 30 days of receipt of the Equipment and will only be considered providing the Equipment is returned in their unopened, undamaged original packaging. All returns will be subject to a 20% restocking charge. Items supplied that are deemed to be non-standard, special or pre-programmed will not be returnable unless faulty.

5.6.1. Any packaging and postage costs in respect of returns remain the responsibility of the purchaser

5.7. Equipment reported or returned as ‘Faulty’ will be returned to the manufactures for investigation. Credits will only be issued on confirmation of the faulty product by the manufacturer. Should the manufacturer advise that the returned product has been incorrectly used, connected or subjected to any act outside of their control, no credit will be available. Replacements will be charged for at the Company’s standard prices.

6 INSTALLATION

6.1. Not used

6.2. The Installation shall be in accordance with the Specification (if any) and in accordance with the relevant British and/or

European Standard Code of Practice applicable to the Installation

6.3. All prices for Installation are based on the assumption that the Equipment will be surface fixed. Any additional work required to install the Equipment or to achieve a flush Installation shall either be provided by the Customer at its cost, including any redecoration that may be necessary, or shall be an Additional Item.

EFE shall not be obliged to reinstate or make good any part of the premises at the Site which may be affected by the Installation.

6.4. Not used

6.5. EFE accepts no responsibility for the co-ordination of Installation with any other services provided by third parties. EFE will provide such information as may be reasonably 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.

6.6. Any request for alterations to or additions to the Installation, whether by way of variations or otherwise, must be in writing and shall be an Additional Item.

6.7. Unless stated in the Specification, no allowance has been made in the price for any inter-connection of the Equipment to any other system or equipment at or on the Site to facilitate the shutdown of the Equipment or remote control.

6.8. Where the Equipment is required to meet a particular level of audibility, whether relating to an identified level of clarity or minimum volumes, EFE 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.

6.9. 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.

6.10. The price for the Installation shall include Commissioning upon completion of the Installation in accordance with clause 7

7 COMMISSIONING

7.1. Where the Equipment to be commissioned has not been installed by EFE, the Customer will be required to provide a Site

Representative on the Site for the period of Commissioning

7.2. Before the Commissioning Engineer will commence any connection or testing work as part of the Commissioning, the Customer must issue to the Commissioning Engineer for retention a complete set of all cable test sheets which must detail as a minimum the information required under the then current IEE Regulations.

7.3. 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 part 1: section 5

7.4. 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.

7.5. 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 particular 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 Part 1

7.6. In the event of any delay of Commissioning and which is not due to the failure of EFE and whether caused by the Customer or otherwise, EFE 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 then 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.

7.7. The Commissioning Engineer will provide a separate time sheet covering the additional time involved in the Commissioning which must be signed 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.

7.8. 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.

7.8.1. Commissioning includes testing Outputs of Interface devices, NOT the actual operations of the system.

7.9. 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.

7.10. The Customer will be required to provide all analogue and addressable systems programming data at least 10 working days prior to Commissioning. The failure by the Customer to provide such data may delay the Commission for which EFE 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.

7.11. 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.

7.12. Any Equipment supplied by EFE 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.

7.13. The Customer is required to give at least 10 working days’ notice for the attendance of the Commissioning Engineer.

7.14. 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.

7.15. At commissioning, EFE is often unable to test with full operational noise levels present, in which case, EFE 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.

7.16. On completion of the works, EFE 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.

7.17. ‘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. During ‘Soak Test’, Call Points should have the ‘not in use’ insert fitted.

7.18. 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.

7.19 EFE 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.

7.20 EFE will not re-fit dust caps after commissioning unless given an instruction to return to site to re-commission when builders work is complete.

8 DATE FOR INSTALLATION AND/OR COMMISSIONING

8.1. The Installation and/or Commissioning shall be carried out by EFE during Normal Working Hours unless otherwise specified. Any date mentioned by EFE in the proposal is a proposal only and not a term of the Contract.

8.2. If Installation and/or Commissioning is delayed by any circumstances outside EFE’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.

8.3. The Customer’s acceptance of Installation and/or Commissioning shall constitute a waiver of any claim by the Customer in

respect of delay.

8.4. The Customer shall pay as an Additional Item for any work carried on outside the Normal Working Hours.

8.5. Any act or omission of the Customer causing any delay of 30 minutes or more during the Normal Working Hours shall be charged as an Additional Item.

9 ACCEPTANCE

9.1. The Equipment, 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 EFE upon the expiration of three days after delivery unless the Customer gives notice of rejection within that period.

10 THE CUSTOMERS OBLIGATIONS

10.1. 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 EFE with such information and plans as may be reasonably required including details of any security arrangements to enable EFE to fulfil its obligations under the Contract.

10.2. The Customer shall provide at its own cost EFE 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.

10.3. The Customer must advise EFE 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 EFE before Installation and/or Commissioning commences. In the absence of such notice, EFE 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 EFE against any claim whatsoever for loss damage or injury resulting from damage to such services as aforesaid.

10.4. The Customer shall be responsible for and reimburse EFE for any charges made by the Police, Fire or any other authority to EFE in connection with the Installation and/or Commissioning.

10.5. The Customer shall only operate the Equipment after the Acceptance Date and in the case of Equipment installed by EFE shall only operate the same in accordance with the written information and instructions which may from time to time be supplied by EFE to the Customer.

10.6. Such facilities as are reasonably requested by EFE and not provided by the Customer and which are necessary for the

Installation and/or Commissioning shall be provided by EFE and charged to the Customer as an Additional Item.

10.7. 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 EFE shall have unhindered access during normal working hours.

10.8. 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.

11 PRICE AND PAYMENT TERMS

11.1. The price payable under the Contract shall be as specified in EFE’s 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.

11.2. Unless otherwise stated, any Additional Items shall be added to the price.

11.3. Unless otherwise specified the Customer shall pay the price and Additional Items (if any) as follows:

a) in the case of Equipment, within 30 days of date of Invoice or Application in which the Equipment was despatched by

EFE;

b) in the case of Installation and/or Commissioning within 30 days of date of Invoice or Application in which the appropriate

Certificate is issued;

c) in the case of any interim account, within 30 days of date of Invoice or Application to which the account relates.

11.4. EFE 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.

11.5. EFE 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.

11.6. EFE reserves the right to recover from the Customer all direct expenses reasonably incurred by EFE in connection with any overdue sums.

11.6.1. Without prejudice to any other rights of EFE, 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 EFE 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.

11.6.2. The Customer shall indemnify EFE 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.

11.6.3. Where payment requested in accordance with this Condition is not received within 30 days of demand, EFE 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.

11.7. Where the Equipment is to be delivered by instalments and the price thereof is payable by instalments, the failure to pay any outstanding instalment invoiced to the Customer shall entitle EFE to refuse to supply any further Equipment to the Customer and to recover by action the whole or part of any price which is due unpaid in addition to any other rights or remedies under the Contract.

12 RETENTION OF TITLE

12.1. Legal ownership of the Equipment is to remain vested in EFE 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 EFE under any other contract with the Customer for which payment is outstanding.

12.1.1. If the Customer obtains possession of the Equipment prior to such payment, the Customer shall hold the Equipment in a separate and identifiable form as Bailee and fiduciary agent for EFE;

12.1.2. Failure to pay the full amount when due shall give EFE 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.

12.1.3. EFE shall have the right to sell the Equipment once it has been re-possessed under this Condition.

12.2. Notwithstanding this clause 12, EFE 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.

12.3. The Customer may contract to sell the Equipment to a third party in return for valuable consideration provided always that the Customer shall account in a fiduciary capacity to EFE for the proceeds of sale (to the extent of the Customer’s indebtedness to EFE) keeping the same separate and identifiable from its other monies. The Customers rights under this clause 12.3 shall cease if an event specified in clause 20 occurs to the Customer.

12.4. If prior to payment in full being made the Equipment becomes commingled with similar equipment belonging to the Customer and/or any third party the Customer shall hold EFE’s proportion of the commingled Equipment or their proceeds of sale on trust for EFE. EFE shall be treated as a tenant-in-common of the commingled equipment and the Customer shall hold as trustee for EFE’s proportion and (if the commingled equipment has been sold) pay to EFE its due proportion of the proceeds of sale.

12.5. Where the Equipment is attached to either buildings or plant or machinery of the Customer, the Customer agrees that it is not its intention that the Equipment thereby becomes fixtures and fittings or part of the plant or machinery, but the Equipment shall remain as chattels and be severable from the buildings or plant or machinery.

13 VARIATION WORK

13.1. EFE 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 EFE’s day work rates.

14 CANCELLATION

14.1. EFE 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 EFE. A charge of

10% will be made for any stock cancellations.

14.2. In the case of all other orders, whether for Equipment, Installation, Maintenance or Commissioning EFE will not accept cancellation.

14.3. EFE 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.

15 IMPROVEMENT TO SPECIFICATION

15.1. EFE’s policy is one of continued research and development and EFE reserves the right to amend or change any Equipment

Specifications or products listed in the Specification at its discretion at any time without notice.

15.2. EFE 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.

16 TECHNICAL INFORMATION/ADVICE

16.1. EFE does not provide drawing office facilities for the sale of equipment only.

16.1.1 EFE 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, EFE will assist in obtaining electronic files from its suppliers. EFE 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.

16.2. Any technical information supplied by EFE shall only be relied upon by the Customer if confirmed in writing by EFE. EFE is not liable for any such technical information provided verbally by its employees. EFE 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.

17 LIABILITY

17.1. EFE 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 EFE 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. Accordingly the Customer accepts that it is reasonable that EFE limits its liability to the Customer as set out below, which specifies the entire liability of EFE including liability for negligence or consequential losses.

17.2. EFE accepts liability:

17.2.1 for death or personal injury resulting from the negligence of EFE, its employees or agents acting in the course of their employment;

17.2.2. arising out of any breach of the obligations as to title implied by statute;

17.2.3. where the Customer deals as consumer for any breach of any condition or warranty implied by statute as to the Equipment whether as to correspondence with the description or sample or as to its quality or fitness for the purpose or particular purpose;

17.2.4. up to the sum of £250,000 for direct physical damage to the Site to the extent to which such damage or loss is caused by the negligence of EFE its employees or agents whilst working on the Site in the course of their employment.

17.3. The Customer is required to notify EFE of any claim above as soon as is reasonably possible and in any event within 3 months of the act omission or occurrence giving rise to the damage or loss, except that any claim under sub-clause [17.2.4] above shall be notified to EFE within 30 days of the Customer suffering any alleged damage or loss.

18 WARRANTIES

18.1 EFE shall pass to the Customer the benefit of the standard 12 month warranty or guarantee given by the Manufacturer of the

Equipment supplied to the Customer under the Contract, unless stated otherwise.

18.2. If within 12 months of delivery of the Equipment or where installed by EFE within 12 months of the Acceptance Date any defect (other than normal wear and tear, or corrosion) appears in the Equipment (or, if carried out by EFE its Installation,) EFE shall (at its option) 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.

18.3. EFE shall be obliged under 18.1 and 18.2 above only if:

18.3.1. the Equipment has been operated and maintained properly and in accordance with good industry practice and with any instructions and recommendations made by EFE or the Manufacturer of the Equipment and has not been modified or misused; and

18.3.2. the Customer has given the notice to EFE within 28 days after the appearance of the defect,

18.3.3 If the site is not maintained by EFE, the warranty is limited to replacement of the device only. (Attendance to the Site or labour is not included under these warranty terms)

18.4. Any visits to the Site of the Customer whether in connection with Equipment supplied or 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 EFE’s then daily work rates.

18.5. Where any Equipment is returned to EFE for repairs, then unless otherwise agreed, the Customer shall be responsible for the costs of carriage to EFE.

19 EXCLUSION OF LIABILITY

19.1. Except as provided for in Clause 17, EFE 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.

19.2. Except as provided for in clause 17, EFE’s total liability for all claims of whatever nature and however arising (whether from

breach of Contract or negligence or otherwise) against EFE employees and sub-contractors shall be limited to £50,000.

20 CUSTOMER’S DEFAULT

20.1. 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, EFE shall be entitled (in addition to any other rights or remedies) to suspend performance of EFE’s obligations under the Contract, or to terminate the Contract or to suspend and later terminate.

If EFE cancels the maintenance as covered under this clause, EFE will write to the Customer at their last known address advising them of the cancellation and the date from which it becomes effective.

Additional Information

1 hour minimum charge on hourly rate work, then in 15 minute units

Payment must be made in full upon receipt of the invoice by credit/debit card (our chip & pin machines provide a secure method), bank transfer or in cash

Estimates are generally non-chargeable, but some may incur a charge depending on the nature of the work, time, and location

Fixed prices (*) are subject to VAT and can be provided either verbally or in writing upon request before work commences

Materials are charged at trade prices plus a 25% mark up and are subject to VAT

Material collection for non-stock items is kept to a minimum and will not exceed 45 minutes of the current hourly rate for that trade

Invoices are digital (hard copies are available upon request) and show a full description of works including times and a full breakdown of labour and materials

Hourly rates are charged at £65 plus VAT for contract customers and £130 plus VAT for non contract customers

Payment Methods

We do not surcharge for credit card payments

Cash payments to be made directly to the engineer.