ALARM INSTALLATION AND SERVICES AGREEMENT

by | Apr 5, 2023 | Agreements

ALARM INSTALLATION AND SERVICES AGREEMENT

BETWEEN

QUEST CONTRACTING & ENGINEERING_____________

(“THE COMPANY”)

AND

______________________________________________________

(“THE CUSTOMER”)

In this terms and conditions, reference to “the Company” or “we” means the provider of the Alarm Installation /Monitoring services and reference to “you” means the Company’s customer.

  1. DEFINITIONS AND INTERPRETATIONS
  2. In this Agreement:

“Agreement” means this agreement, its Schedules, Exhibits, and other documents (save as may otherwise be varied by this agreement);

“Contract Sum” means the sum payable to the Company for the services rendered;

“Civil works” means the supply and installation of ducting, concrete bases, and erecting of structures including automatic gates and CCTV towers and all other related activities;

“Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies;

“Intellectual Property” means the copyright, know-how, the trade names, and any marks, trade device, service mark, symbol, code or specification, patents, designs, and other individual or intellectual property rights used in or associated with any of the Parties; and

“Installation hours” means normal business working hours, from 9.00am-17.00hrs Mon-Fri excluding statutory holidays unless expressed otherwise.

  • ACCEPTANCE

This agreement governs the Company-Customer relationship and by procuring the Company’s services, the Customer agrees to have read and understood it and to be bound by it.

  • COMMENCEMENT AND DURATION

This agreement shall come into force upon execution by both parties and shall remain in force for twenty-four months.

  • contract sum

Unless you are subject to a minimum term arrangement, Services are provided to you on a month-to-month basis. You will generally be billed monthly, in advance, for recurring service charges, equipment charges, and fees. You must pay, on or before the day we install any of the services, the first month’s service charges, comcast equipment charges, any deposits, and all installation and activation charges.

 Your first bill may include pro-rated charges from the date you first begin receiving Services, as well as monthly recurring charges for the next month and charges for non-recurring services you have received. You may be billed for some Services individually after they have been provided to you; these may include charges for interactive services and e-commerce. If you receive Service(s) under a promotion, after the promotional period ends regular charges for the Service(s) will apply.

  • COMPANY OBLIGATIONS
  • To carry out the installations within the installation hours, to the standards stated in this agreement and by the regulatory body.
  • To keep you secure from cyber or internet-based security attack, however there is no means that we can use to guarantee complete security.
  • To carry out remote repairs or diagnostics from our remote service desk to your equipment where the facility exists and our scope of cover permits. The installation must be fully compatible with our remote service desk and must be no older than 3 (Three) years of age.
  • CUSTOMER OBLIGATIONS
  • To provide the Company and its agents with a condusive work environment which includes full access to the premises (before, during and after the installation) and adequate power supply.  Access to the premises will also apply to the Company’s regulatory body when carrying out inspections and recovery of any equipment and/or firmware which did not belong to the Customer but was rented from the Company upon termination.
  • To pay all the sums due to the Company when they fall due e.g installation, activation charges,all utility charges associated with such installation e.g all telephone line installation, rental and call charges. You agree to pay all charges associated with the Services, including, but not limited to, installation, activation and Service charges, Comcast Equipment measured charges, third party charges, applicable federal, state, and local taxes (however designated), permitting and regulatory fees, and any other fees or assessments of any municipal, state and federal government imposed on the Company or the Services. You will be responsible for paying any government imposed fees and taxes that become applicable retroactively. We will provide you with notice and an effective date of any change in our prices or fees applicable to your Services, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law. Not all fees apply to all Services.
  • Not to interfere with, or allow anyone else to interfere with, adjust, service or attempt to repair or reset the Company’s Equipment.
  • To give the Company any relevant information e.g if;
  • any third party intends to carry out work on the telephone lines within your premises in advance;
  • if the equipment activates to an Alarm Receiving Centre or Central Monitoring Station;
  • any change in the layout of your Premises within 7 (seven) days of the change taking place;
  •  any specialist training requirements required to fulfil the obligations of the Company prior to the issue of a quotation.
  • any defect in the installation as soon as they become aware of them;
  • all necessary drawings, site plans, service layouts and utility location plans prior to installation work taking place;
  • any conditions or arrangements which may apply to their third-party agreements or policies e.g Insurers, or underwriters; and
  • any defects which occurs on an existing security system installed or maintained by others, which the Company takes over.
  • To make sure that the telephone line is working properly and the account correctly maintained if the equipment is connected to an Alarm Receiving Centre or Central Monitoring Station.
  • To complete civil works prior to the commencement of installation.
  • Ensure access into new and existing cable draw pit chambers is readily available and chamber lids can be removed easily without specialist equipment.
  • DISCLAIMERS
  • The new certification issued after an installation visit shall be valid subject to its expiration date.  A Certificate of Conformities issued shall remain the property of the Company until the contract has been paid for in full.
  • If you do not pay the balance of the installation charge when it is due, we have the right to remove the Parts/Equipment from your Premises without notice.
  • If you cancel our Contract less than four days before the installation work takes place, we may charge you for any equipment we have bought for your Premises and make a reasonable charge for damages for breach of contract.
  • The Quotation does not include additional work such as redecoration, carpet laying or building work. Additional charges may be made if our engineers are not provided with access to doors, shutters, windows or any other areas where cables and equipment needs to be maintained, inspected or replaced.
  • The company may charge for the visit due to abortive costs being incurred where the Customer has not completed civil works prior to the commencement of installation.
  • The Company may suspend or terminate monitoring services where payment has not been received, or where the customer is failing to meet obligations upon them.
  • The company may apply additional charges to the Customer where access into new and existing cable draw pit chambers is not readily available and chamber lids cannot be removed easily without specialist equipment.
  • Where the company provides the customer with a partial upgrade or partial replacement of an existing security system, the company accepts no liability for the existing part of the system, and no warranty or liability shall be placed upon the company for any equipment not installed by the company.
  • Statutory safety legislation applies to some products supplied by the company. The customer shall not make any changes of any kind to this equipment without written authority from the company.
  • Unless where specifically stated otherwise, the company accepts no responsibility for electrical testing or electrical safety inspections. The customer shall employ a third party where such tests are required.
  • Upon takeover of an existing security system which was installed by a third party, the company accepts no liability for the installation, or its failure to perform. Any such liability will remain with the original installer or the customer.
  • Design responsibility for a security system is only accepted by the company where indicated within our specification and quotation. Where the company takes over security systems from a third party, no design responsibility is accepted by the company working on behalf of the customer.
  • Where the company carries out an inspection or provides certification to the customer, liability shall end immediately after our inspection. Certificates are valid for the period stated, liability ends on the day of inspection. The company accepts no responsibility after the inspection was carried out, due to external influences beyond our control affecting performance and safety once our engineer leaves the premises.
  • The customer shall purchase any remaining parts or material items, where a frame work agreement to purchase an agreed number of items has not been totally fulfilled by the customer by placing adequate orders upon the company, and where the company has no other ready use for such materials.
  • The customer agrees that the company will reserve the right not to attend the customer’s premises where a suitable response contract is not in place, or where the request does not meet the contracted terms of the contract.
  • The Company may remove logos, name plates, motifs or any other Company identity from the Equipment.
  • The company can cancel any order placed by the customer, without incurring any liability.
  • The Company is not liable for an existing security system installed or maintained by others, which the Company takes over.
  • The Company shall not be liable for any damage caused by the Customer’s non-disclosure of information they ought to have disclosed.
  • The liability to a customer in the event that a defect in the system arises in any occurrence or our negligence directly or indirectly causes the customer to suffer loss will be limited to the value of the damage caused to your premises or its contents up to a maximum of $_____________________________.
  • Where the customer fails to act upon remedial work identified by the company which is of a mandatory requirement; such as but not limited to health and safety legislation, moving machine directives, or any work which may pose a liability to the customer, no liability will be accepted by the company
  • Requests made by the Customer to install outside the installation hours may incur additional charges.
  • LIABILITY OF THE PARTIES
    • A party shall be compensated for damages caused by the other party.
    • No Party shall be held liable for any damages, where:

the damage has been occasioned by the other party, their representatives, employees, or agents; and

the damage has been caused by an event beyond the control of the party.

  • The Company will provide one year of workmanship warranty. The Company will only be liable to provide labor to make good defects that are not due to complete failure of an alarm installation/monitoring system and materials will only be provided if their defects were not covered under manufacturer’s warranty.
  • INDEPENDENT CONTRACTOR

The relationship between the Company and the Customer is that of an independent Contractor. Accordingly, the parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby.

  1. INTELLECTUAL PROPERTY

Any ideas, concepts, discoveries, techniques, patents, copyrights, or trademarks belonging to the Company during the subsistence of this agreement are the exclusive property of the Company.

  1. PROHIBITION ON TRANSFER

You cannot transfer or assign this Agreement without the Company’s consent. However, the Company can transfer or assign this Agreement or subcontract its obligations hereunder at any time without your consent. If the Company does so, anyone to whom the Company transfers, assigns or subcontracts any or all of its obligations will have all of the Company’s rights with respect to such obligations. The Company is not responsible, however, for any services, including monitoring, which are performed by any third party.

  1. DISPUTE RESOLUTION

If any dispute arises between the Parties related to this agreement, it shall be resolved by Negotiation. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the Court’s jurisdiction.

  1. TERMINATION
  2. The Company may terminate this agreement at any time upon breach of the contract by the Customer including but not limited to non-payment.
  3. Either party may terminate this agreement upon giving the other party no less than two months’ written notice except where a fixed term contract applies. If you wish to terminate the Contract with less than two months’ notice, the Company reserves the right to charge the next year’s costs of any monitoring charges if these have already been paid in advance by the Company on your behalf. Where the customer wishes to terminate a fixed term contract before its expiry period, any remaining duration must be paid for in full and early termination costs shall apply.
  4. The termination of this agreement shall not discharge the liabilities accumulated by either party.
  5. Any Clauses intended by the parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
  1. changes to the agreement

The Company may make changes to the agreement (e.g any increase in the annual maintenance charges) after giving the customer at least 30 days written notice.  

  1. Force Majeure
  2. The Company’s failure to fulfill its obligations due to Force Majeure or accidents, shall not be considered as a breach of this agreement.
  1. CONFIDENTIALITY

The CUSTOMER shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Company, whether such information or matter is stated to be confidential or not, without the express written permission of the Company.

  1. NO WAIVER

Except where this agreement provides otherwise, the rights and remedies contained in it are not exclusive to rights or remedies provided by law.  Failure by the Company to enforce any of the terms or conditions of this agreement shall not be a waiver of its right to enforce this agreement.

  1. SEVERABILITY

Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable; the Company may amend that provision or remove it from this agreement. The remaining provisions of this agreement shall remain in full force and effect.

  1. NOTICES
  2. All notices shall be in writing.
  3. Either party may provide changes to their addressees by reasonable notice to the other party.
  4. Parties shall be served through the following addresses (including email).

THE COMPANY: ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

THE CUSTOMER: ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

  • GOVERNING LAW

The construction, validity, and performance of this agreement shall be governed in all respects by the Georgia State Laws. 

SIGNED THIS_________ DAY OF __________________ 20______ BY:

______________________________________________________            ____________

 (REPRESENTAIVE OF QUEST CONTRACTING                                     SIGNATURE

    AND ENGINEERING LLC)

_______________________________________________________            ___________

(CUSTOMER)                                                                                               

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