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       Our Ethos
 
    A fair days work
             for
   A fair days pay
 
    With no hidden       charges        
or small print

How many companies offer to service your extinguishers for free, or a ridiculously  low price!!

 
Ever ask yourself  how can they afford do that.... could they be making it up in other underhanded ways??
 

 

 

 

 

Text Box:  
 
1.     INTERPETATION
1.1   This agreement sets out the terms upon which we, Fire Maintenance Services agree to service equipment belonging to or leased to you, the customer specified overleaf.
1.2    In this Agreement the following terms shall have the following meanings      unless the context otherwise requires:                                                                          
   “Additional Charges” our charges for the Additional Maintenance Work      and/or time wasted by our engineer if prevented from gaining access to your   Premises and/or Equipment                                                      
 “Additional Maintenance Work” work which would have been included within the Service if the Equipment had been subject to normal and reasonable use or stored in accordance with the manufacturers recommendations
“deal as a consumer” has the same meaning as in Section 12 of the Unfair Contracts Act 1977
          “Equipment” the equipment specified overleaf
“Minimum Term” a minimum period of five years for the assured Lease, a minimum period of three years for the Total Care and a minimum period of one year for the Integrity Plan as specified overleaf 
“Premises” the location address where the equipment is kept specified overleaf
“Service” a visual inspection and test of the Equipment and, if necessary, due to normal and reasonable use of the Equipment, the replacement of worn or defective parts and/or refilling the Equipment to current British Standards relevant to the equipment
          “Service Charges” our charges for the Service
1.3    The headings in this Agreement are for convenience only  and shall not affect its interpretation
 
2.      COMMENCEMENT AND DURATION
This agreement shall commence on the date it is signed by both of us and shall endure for the Minimum Term. Thereafter this Agreement shall continue until terminated by one month’s notice in writing given by either of us to the other expiring on or at any time after the Minimum Term  
 
3.      SERVICE OF EQUIPMENT
3.1     We shall carry out the Service at the intervals specified overleaf during the         
period  of this Agreement. If we fail to carryout the service at the times specified overleaf then unless you are in default of your obligations under this Agreement we shall complete the Service within 5 working days of receipt by you of your written notification to that effect, unless you shall specify a later date. After each Service we shall confirm in writing that the Equipment has been left in proper working condition.
3.2    Subject to Clause 6 we shall carry out Additional Maintenance Work on the Equipment if deemed necessary by us at the time of each Service visit or at any other time you request. Thereafter we shall confirm the Equipment has been left in proper working condition.
3.3     Service Under Total Care and Assured Lease does not include :
3.3.1 the supply of or refilling the Equipment with antifreeze;


3.3.2 the supply of any replacement parts where such replacement items are required, by way of an example and not limitation, the Equipment has been used without any genuine apprehension of a fire or it has been damaged.
 
4.      PAYMENT
4.1   You shall pay the Service Charges specified overleaf to us in accordance with Clause 4.3
You shall pay the Additional Charges to us in accordance with clause 4.3 at our current rates from time to time.
4.2   Payment shall be made within 30 days of invoice date to our office address specified overleaf. Time for payment shall be of the essance of this agreement.
4.3   We may increase the Service Charges at any time Provided that such increase shall not apply during the Minimum Term. We will advise you if the Service Charge has increased by a notice in writing on the relevant invoice.
 
5       INTEREST
5.1    Interest shall be payable by you on overdue Service Charges and/or                                                                  Additional Charges from the HSBC base rate from time to time prevailing.
5.2       Any interest payable under Clause 5.1 above shall run from day to day and shall accrue as well as before any judgement
 
6       REPAIRS UNECONOMIC
If our representative shall report as a result of any Service visit that any of the Equipment is incapable of being brought into satisfactory condition by carrying out the Service we will advise you accordingly and supply our proposals with a quotation for the work necessary to bring such Equipment into a serviceable condition. We shall be entitled to terminate this Agreement if you shall fail to instruct us to proceed with the necessary work within the period specified in the quotation.     
 

 

 Fire Maintenance Services

Large enough to Cope
  but
  Small enough to Care
 

 

 

 

Text Box:  
7       TERMINATION
7.1    If you :
7.1.1fail to comply with any of your obligations set out herein;  of
7.1.2have made any misrepresentation to us; or
7.1.3   become insolvent, commit an act of bankruptcy, or (in Scotland) become notour bankrupt, or a winding up order is made against you, or you make any  arrangement with your creditors, or any execution or distress shall be levied upon any of your property, or any judgement against you shall remain unsatisfied for 14 days, then we shall have the right forthwith to determine this Agreement and withdraw the Service by notice in writing.
7.2    We shall be entitled to terminate this Agreement immediately by notice in writing pursuant to clause 6.
7.3    This Agreement may be terminated by either of us giving notice in accordance with clause 2.
7.4    If we terminate this Agreement by reason of your breech before the expiration of the Minimum Term in breech of Clause 2, then we shall have no further obligation to provide Service, remove any items on a lease scheme and you shall be liable to pay us the Service Charges for the Minimum Term.
 
8       LIMITATIONS OF LIABILITY   
8.1    Except where you deal as a consumer, all conditions, warranties and representations, whether express or implied, relating to the quality of materials, components or workmanship, or the fitness of such materials or components for their particular purpose whether arising by reason of statute, common law or otherwise, are hereby expressly excluded.
8.2    We do not accept liability for loss damage or injury howsoever arising save as specified below
8.2.1personal injury or death resulting from our negligence or breech of statutory duty; and
8.2.2loss of such physical damage to property to the extent to which such loss or damage is caused by our negligence or the negligence of our employees or agents while working at the Premises in the course of their employment or engagement, up to a limit of £100,000 (one hundred thousand pounds) for any one occurrence or series of  occurrences arising out of any one event
8.3    We do not accept liability under any circumstance whether in contract, tort (including negligence) or otherwise for financial loss, loss of profits, business, contracts, anticipated savings, use of goodwill.
8.4    If not withstanding any other provision of this Agreement and without prejudice to
(a)       your statutory rights if you deal as a consumer; or
(b)       the provisions of Clause 8.2 above and we shall nonetheless be held liable in respect of any claim brought by you under this Agreement shall be limited to the sum of £5,000 for each claim, subject to an overall limit of £25,000 for all claims, whether arising in contract, tort (including negligence) or otherwise.
8.5    You are required to notify us of any claim in Clause 8.2 above as soon as reasonably possible and in any event within 3 months of the act, omission, or occurrence giving rise to the alleged damage or loss in Sub clause 8.2.1 above, and within 30 days in respect of any alleged damage or loss suffered in respect of any claim in Sub clause 8.2.2 above.
8.6    Each provision of this Clause 8 is to be construed as a separate limitation applying and surviving even if for any reason one or more of the other provisions to the other provisions is held incapable of unreasonable and shall remain in force notwithstanding termination of this Agreement.
 
9       GENERAL  
9.1      You are not permitted to assign your rights or delegate any of your obligations under this Agreement.
9.2      No waver by us of any provision of This Agreement shall be held to be a waiver of any other or subsequent breech of this Agreement and if we fail to enforce such provision such failure shall not be deemed to be a breech of our right to subsequently enforce such provision
9.3      This Agreement contains the whole Agreement between us and each of us acknowledges that in agreeing to enter into this Agreement it has not relied on any representation, warranty or other assurance except set out in this agreement.
9.4      All notices given under this Agreement shall be sufficiently given if properly addressed and sent by post to our office address specified overleaf and , in your case, the invoice address specified overleaf unless you have subsequently notified us of another address, and a notice shall be deemed to have been properly served at the time when in the ordinary course of transmission it would  reach its destination.  
 
10       RESPONSIBILITY (Assured Lease)
You become responsible for the goods when you, or your agent receive them. If the goods are delivered to you, this will be when your responsibility starts. Your responsibilities include protecting the goods and keeping them safe from weather, theft, vandalism or improper use. Your responsibility does not end until the goods have been collected and we are able to give you a receipt for them. You must not sell or in any way give up control of the goods as they remain at all times the property of Fire Maintenance Services. 
 
11       INSURANCE (Assured Lease)                       
You must pay to us the cost of replacing any leased goods which are lost, stolen or damaged beyond economic repair (that is if the repair would cost more than the equipment is worth). You should insure the goods for the replacement cost. If you receive any money as settlement of any claim relating to the damage or to loss or theft of the goods, you must hold that money separately in trust for us and pay it to us when we ask you to. You must not negotiate any claim without our permission.
 
 
 
 
 
 

 

 

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