Terms and Conditions for the Supply of Services and Goods
The Company means Rockline Security Ltd. The Customer means the person or business that has placed the order. The Contractor means any supplier of the Customer not directly contracted to the Company. A Contractor will not be directly contracted to the Company except by a written contract signed or authorised by the Company. The Company has the right to reject any order which amends these terms and acceptance of such orders is subject to written acceptance by the Company.
Fees
Quotations are valid for 90 Days. After 90 days a quotation may be revised. VAT will be charged at the prevailing rate. Estimates are made based on information provided by the Customer. If additional work is required then additional fees will apply. Unless otherwise agreed in writing in advance: bona fide out of pocket expenses will be charged to the Customer including fares for public transport; mileage will be charged at the Company’s prevailing rate and parking costs will be passed to the Client at cost where free parking is not available on site. The Company will keep expenses to a minimum and specifically will not use/ claim for use of London Taxis and unless (otherwise) agreed in writing in advance nor will the Company claim for subsistence, hotels or air fares unless necessary and agreed in writing in advance. The general rates for consultancy services may be obtained from the Company on request.
Payment and Title
The Customer agrees to put in writing within 7 working days any complaint which might lead to failure to pay so that the matter can be identified and rectified by the Company.
Invoices are payable by the Customer according to the credit terms advised on the invoice. Payments not received when due will remain payable together with daily interest for late payment at the rate of 4% per annum above the base rate of Barclays Bank plc. Reports, tenders and other deliverables remain the property of the Company until they have been paid for in full. Likewise, the Company is entitled to keep all papers, documents and data if payment is not received within the agreed credit terms until such payment has been received. A charge of £25.00 per presentation will be made in the event of returned cheques. The Company may withhold technical and customer support including data and passwords to any Customer whose account is in arrears.
Termination
The Customer may terminate instructions to us in writing with a minimum of 30 days’ notice. The Company may stop acting for the Customer only with good reason and will give reasonable notice. In either event the Customer will pay in full all fees and expenses incurred up to the time of termination.
Project Schedules
The Company will supply services and goods to reasonable, mutually agreed deadlines, but cannot be held responsible for late or non-deliveries caused by factors outside of its control including: supply chain shortage, supply chain delays, manufacturing quality issues, business interruptions, provision of information, approvals, resources, site access and so on by or affecting Customers, Agents, Contractors, Manufacturers or Distributors; and also including late changes to requirements, scope or deadlines by Customers. This clause was revised in 2022 due to issues in the construction industry and wider economy related to Brexit, Covid & Ukraine which persist to some extent at present in 2024.
Force Majeure
The Company reserves the right to cancel, suspend or vary the operation of the contract if events occur which are in the nature of force majeure e.g. civil disaster, epidemic, terrorist action; and the Company shall not be held liable for any breach of contract resulting from such an event.
Insurance and Liability
The Customer recognises that consultancy services (or goods) supplied are in no way a substitute for insurance, and that implementing recommendations is not a guarantee against losses from theft, vandalism etc. The Company will take all reasonable care in supplying consultancy services but it will not under any circumstances be liable for any loss or injury arising from any failure of a Customer’s security systems, staff or sub-contractors. The Company carries significant public liability insurance and significant professional indemnity insurance.
Exclusions from Reports and Specifications
Unless stated otherwise, the Company will not have examined individual security fittings eg door locks, camera assemblies; conducted inspection or testing of mains electrical, alarm or CCTV circuits; surveyed the site for internal cable running eg ductwork, cable trays, conduit or routes; surveyed the external site for condition of ducts, services or civil engineering; had access to any private systems eg residents’ alarms. Further surveying, inspection and/ or testing may be necessary (by the Company or others) in order to fully document and cost all aspects of work that Customers choose to progress. Reports will be prefaced with any additional exclusions relating to the individual piece of work.
Supervision
Performance of systems installed under our supervision remain the sole responsibility of the Contractor and the Customer. The Company will not be held responsible for any failing of the Contractor, or Customer’s staff save where they acted expressly on the Company’s written instruction and then only to the limit of our liability under UK law. In any dispute the Company will rely on the weight of our written advice and our contemporary written notes and not on any re-interpretation of them by the Customer or Contractor.
General Project Expenditure
Project costs and budgets will be given accurately and to the best of the Company’s ability. Changes to project specifications may lead to increased costs eg additional cameras or archive storage. The Company will support Customers with an analysis of Contractors costs at the tender stage and thereafter if required. However, the Company cannot guarantee that Contractors will quote on or work within budget. Contractors operate in a commercial manner and will price according to their own discretion which may or may not be reasonable, regardless of the terms of business. The Customer will place orders directly with its Contractors and will be solely responsible for payment of its Contractors.
Contract Administration, Projects & CDM
The Company may provide contract administration for specific projects agreed with the Customer. This must be quoted or confirmed in a written fee proposal by the Company prior to the “start of works”.
The Company does not generally provide project management or supervision of works other than CA duties or Employer’s representative. Any project management or supervision of works must be quoted or confirmed in a written fee proposal by the Company prior to the “start of works”.
The Company will use its best efforts at all times to provide professional consultancy, protect the Clients interests and deliver successful projects. However, where there are issues outside of the Company’s control which require additional consultancy work the Client will accept reasonable additional fees. The Company cannot take-on or protect Clients from all risks related to major works for example faults with legacy systems, cabling or power circuits, delays in the supply chain, lack of specified equipment, price increases, manufacturing faults with new equipment. This clause has been revised in 2022 due to issues in the construction industry and wider economy related to Brexit, Covid & Ukraine.
The Company will from time-to-time have “de-facto” Designer or Principal Designer H&S responsibilities under the CDM Regulations. Unless otherwise agreed in writing, these responsibilities will commence on drawing-up a specification and will cease once the specification is submitted to Clients. The Company will diligently carry out its CDM duties in a manner and in detail that is appropriate to specialist physical or electronic security works where these works fall within the scope of the regulations.
The Company may accept CDM Designer or Principal Designer H&S responsibilities and duties for specific projects agreed with Clients. This must be quoted in a written fee proposal or otherwise confirmed in writing by the Company in advance of the pre-construction planning period. The Company may at its discretion use an external CDM Consultant or CDMC to carry out the CDM/H&S duties of the Designer or Principal Designer. The Client has the right to directly appoint a CDM Consultant or other appropriate “professional firm” as Principal Designer with the Company as a (Technical) Designer.
The Contractors will be solely responsible for working to the correct British & European Standards, applicable regulations, legislation and relevant trade standards (NIC EIC, NACOSS, DHF etc).
