1. Lyme Bay Alarms is a trading name of Lyme Bay Fire and Security Ltd. Alarm system means the Lyme Bay Alarms’ Equipment in conjunction with the Subscribers Equipment. ‘Installation Date’ means the date when the installation of the installation of the Alarm System has been completed by Lyme Bay Alarms. For the purpose of payment the installation will be deemed complete by the handing of the control key/fob/code to the Subscriber notwithstanding any work remaining to be carried out by the Telephone Line Provider, and/or the Subscriber, and/or the Subscriber’s sub-contractors. Lyme Bay Alarms’ certificate as to the Installation Date shall be conclusive evidence thereof.
‘Contract Period’ means the period from the Installation Date until this agreement is terminated either hereunder, or by either party giving to the other at least 3 month’s notice in writing expiring either on the third Anniversary of the Installation Date or on any Anniversary thereof.
‘Lyme Bay Alarms’ Equipment’ means the signalling, control and electronic detection units supplied by Lyme Bay Alarms.
‘Subscribers Equipment’ means the tube and wiring circuits, battens, contacts, mats and all other detection devices and components other than the Lyme Bay Alarms’ Equipment.
‘Line Rental Charge’ means any charge levied by Lyme Bay Alarms, or by the Telephone Line Provider on Lyme Bay Alarms relating to the installation and or operation of the Alarm System.
‘Premises’ means the premises at which the Alarm System is installed.
2. Lyme Bay Alarms shall sell and the Subscriber shall buy the ‘Subscribers Equipment’, and Lyme Bay Alarms shall let, and the Subscriber shall hire the Company’s Equipment for the contract period.
3. (a) Lyme Bay Alarms shall install the Alarm system described in its specification. The Alarm System will be installed in accordance with the recommendations contained in the British Standard Institution’s Specification for Intruder Alarm Systems in buildings current from time to time.
(b) The Installation Charge is agreed on the basis that full and free access to the Premises during normal working hours is provided within 30 days from the date of despatch of this Agreement to the Subscriber. If access is not available within this period, or during these hours, Lyme Bay Alarms reserves the right to review the Installation Charge, or to make additional labour charges as the case may be.
Lyme Bay Alarms shall not be liable for any delay in installation howsoever caused.
(c) Lyme Bay Alarms shall not be liable for the cost of any redecoration, or reinstatement, or for damage to, or the cost of relaying floor coverings, or for the breakage or any other damage arising from the installation, alteration, maintenance or repair of the Alarm System or any part thereof unless it is established the same arose from negligence of Lyme Bay Alarms, its employees or agents and that the same was reasonably avoidable.
(d) The Subscriber shall obtain and pay for all necessary consents for the installation of the Alarm System and the transmission signals.
4. The ownership of Lyme Bay Alarms’ Equipment shall remain in the Company but forthwith upon payment of the Installation Charge and the first Rental Maintenance Charge the ownership of the Subscribers equipment shall pass to the Subscriber. The Subscribers Equipment shall be at the risk of the Subscriber when it is brought onto the Premises.
5. Lyme Bay Alarms shall inspect and test the Alarm System in accordance with the current British Standard Institution’s Intruder Alarm System recommendations for buildings, and shall issue an inspection certificate to the Subscriber detailing the state of the Alarm System.
6. The Subscriber shall pay to the Company:-
i. The Installation Charge and the first rental Maintenance Charge on the Installation Date save that of the aggregate of these charges exceeds £300, one half of the aggregate shall be paid forthwith upon the subscribers signing of this agreement, and one half on the installation date in exchange for the control keys/fobs/codes. Also;
ii. Subsequent Rental Maintenance Charges on each Anniversary of the Installation Date;
iii. Where applicable any Line Rental Charge with effect from the date the same is due on demand from Lyme Bay Alarms;
iv. Any charge made from time to time by the Police or Local Authority on Lyme Bay Alarms.
7. (a) At any time after the expiry of one year from the Installation Date, Lyme Bay Alarms can increase the Rental Maintenance and Monitoring Charge by giving the Subscriber at least one month’s written notice, stating the increase and the date from which the increase shall be effective and payable from the subscriber. If the Subscriber informs Lyme Bay Alarms in writing within one such month period of reasonable objection to such increase, Lyme Bay Alarms shall have the right to terminate this agreement on the next Anniversary of the Installation Date occurring after the date of receipt of the notice of objection from the subscriber, or to continue this Agreement on the terms in force before such notice including this condition.
(b)The Line rental Charge may from time to time be increased by Lyme Bay Alarms without notice in accordance with any increase in the charges made by the Telephone Line Provider for the provision of telephone lines. Such increases in the Line Rental Charge shall be effective and payable by the Subscriber from the date of increase by the Telephone Line Provider. No such increase shall give the Subscriber any right to determine this Agreement.
(c) If at any time any payment due from the Subscriber to Lyme Bay Alarms is overdue for a period of 21 days or more, Lyme Bay Alarms shall not be bound to perform any of its obligations hereunder. The Subscriber shall pay any funds due hereunder on the due date or on demand as the case may be.
8. (a) The Alarm System is intended, as set out in Lyme Bay Alarms’ specification, only to reduce the risks of loss and damage to property, and injury to persons in or on the premises to the extent that this is reasonably practicable by use of such equipment. Lyme Bay Alarms gives no undertaking to the Subscriber that the Alarm System may not be compromised or circumvented, or that the Alarm System will prevent any loss by burglar, theft or otherwise. Lyme Bay Alarms does not guarantee that particular loss, damage or injury can and will be prevented by such use.
(b) Lyme Bay Alarms is not an insurer of the Premises, the property or the persons therein which the Alarm System is installed to protect. Lyme Bay Alarms’ charges are not related to the value of the Premises, or the property in or on the Premises which the Subscriber alone is able to ascertain. The Subscriber accordingly undertakes to Lyme Bay Alarms to keep comprehensively insured against all risks such premises and property (and persons in or on the Premises).
(c) The Subscriber therefore agrees and confirms that Lyme Bay Alarms shall not, whether for negligence, breach of contract or otherwise, be liable for any loss or damage to the Premises or property therein or thereon caused by burglary, breaking and/or entering, theft, robbery, malicious damage, riot or commotion or any unauthorised entry by reason of the failure of the Alarm System to operate at all, or to operate correctly, by any reason of inadequacy in the design, installation or maintenance of the Alarm System, or by reason of any failure to transmit signal between the Premises and the Police however caused.
(d) If, notwithstanding the above, there should arise any liability on Lyme Bay Alarms whether for negligence, breach of contract or otherwise, such liability shall under no circumstances whatever exceed twice the Rental Maintenance Charge paid by the Subscriber in respect of the first year of the Contract Period (Except in the circumstances defined in the following sub-paragraph). Lyme Bay Alarms’ Installation and Rental Maintenance Charges are determined on the basis of the limit of liability.
(e)If the Subscriber wishes to increase the maximum amount of Lyme Bay Alarms’ limit of liability specified in the preceding paragraph, the Subscriber may as a matter of right, obtain from the Company a higher limit to be agreed with Lyme Bay Alarms upon payment of such additional amount as the company shall require to obtain appropriate insurance cover for such additional liability for the Contract Period. The Subscriber will, in such cases, disclose such information as the Company’s insurer will require.
(f) Lyme Bay Alarms shall not under any circumstances whatsoever (whether for negligence, breach of contract, or otherwise) be liable for any indirect or consequential loss, damage or injury.
(g) The subscriber undertakes:-
i. To give written notice forthwith to Lyme Bay Alarms of any occurrence which might give rise to a claim by the subscriber;
ii. To give to Lyme Bay Alarms in writing full details of such occurrence as soon as the same can be reasonably ascertained;
9. The Subscriber shall through the Contract Period:-
i. Afford to Lyme Bay Alarms, its employees and agents full and free access to the Premises on Weekdays during normal working hours, and at other times if the circumstances so require, to enable Lyme Bay Alarms to perform its responsibilities hereunder and for the removal of the Company’s Equipment upon termination;
ii. Not sell, charge, mortgage, pledge or otherwise deal with the Lyme Bay Alarms’ Equipment or purport to do so, nor part with the possession thereof, or remove or permit the same to be removed from the Premises, nor assign or deal with its rights hereunder;
iii. Notify the Lyme Bay Alarms forthwith in writing upon agreeing to dispose of the Premises or any part thereof, and at the same time inform the Company of the name and address of the person to whom such disposal is to be made;
iv. Not adjust, reset, repair or alter, or interfere in any way with the Alarm System or any part thereof;
v. Use and operate the Alarm System with reasonable care to ensure its proper and efficient operation;
vi. Notify Lyme Bay Alarms by telephone (confirming such notification in writing) of any defect appearing in the Alarm System or of any repairs which appear to be necessary and permit t Lyme Bay Alarms to take such steps as they think necessary to remedy such defect or make such repair;
vii. Forthwith notify Lyme Bay Alarms by telephone if the Alarm System is activated;
viii. Notify the Lyme Bay Alarms by telephone (confirming such by letter) if the Alarm System needs resetting;
ix. Pay for the cost of any work required to be carried out to the Alarm System due to damage by fire, storm, tempest, break in, attempted break in, accident, nuisance, mistreatment or neglect of the Alarm System;
x. Immediately notify Lyme Bay Alarms by telephone (confirming such notification by letter) of any proposed structural alteration to the Premises, or any modification in the telephone installation affecting the Alarm System or in the case of space alarms of any alteration to the layout or fittings of the Premises, or of major movement of contents;
xi. In the case of Alarm Signals designed to transmit signals to Lyme Bay Alarms’ Central Station, notify Lyme Bay Alarms in writing of the days and times during which the Premises are normally closed. Lyme Bay Alarms shall be entitled to assume that any interference with the Alarm System during such notified days and times is unauthorised and may notify the Police accordingly.
10. (a)Where the attendance of the Company’s engineer is requested and/or required for any reason whatsoever (apart from normal maintenance inspections) the Company reserves the right to make such charges as it considers reasonable for labour (including travelling time) and materials.
(b) Any alteration or extension or modification to the Alarm System shall be subject to the terms of this Agreement, and shall be carried out by Lyme Bay Alarms at the Subscribers expense. Each such matter is described overleaf as an additional protection item.
11. The Subscriber shall be liable to Lyme Bay Alarms for all costs, liabilities, loss, damage, charges and expenses suffered by Lyme Bay Alarms by reason of any breach by the Subscriber of its obligations hereunder, and shall also be liable for any loss or damage to Lyme Bay Alarms’ Equipment whatsoever and howsoever caused, including the circumstances specified in Condition 9 (IX) above.
12. Lyme Bay Alarms shall be entitled to assign all or any of its rights or obligations hereunder, and perform any of its obligations through sub-contractors. At any time during the Contract Period, Lyme Bay Alarms may substitute for their Equipment, or any part thereof for the time being installed, other equipment of a similar or greater efficiency, or where necessary to comply with any requirements, recommendations, bye-laws or regulations of the Police, public or local authority, or national regulations or laws for the time being in force, and the terms of this Agreement shall apply to any such substituted equipment.
13. (a) Upon the occurrence of any of the following events this Agreement shall automatically and without notice, determine;-
i. If the apparatus or equipment used for the transmission of alarm signals is destroyed, or so substantially damaged by fire or other catastrophe that Lyme Bay Alarms is reasonably unable to continue its services;
ii. The death of the Subscriber;
iii. If any process of execution, distress or seizure shall be levied on or due against the Alarm System or any of the Subscribers real or personal property;
iv. If the Subscriber shall commit an act of bankruptcy or having a receiving order made out/or against him, or enter into any agreement with his creditors;
or
v. If the Subscriber being a company shall pass a resolution for voluntary winding up, or shall have a petition for winding up presented against it, or if a receiver shall be appointed over its assets or undertaking or any part thereof, or if it stops its payment.
(b) Lyme Bay Alarms may terminate this Agreement forthwith upon giving written notice to the Subscriber at his last known address if any of the following events occur;-
i. The Subscribers non-observance or non-performance of any of its obligations hereunder; or
ii. If the Subscriber is in arrears with any payment due hereunder for a period of 21 days or more; or
iii. If Lyme Bay Alarms shall be unable to retain the connections or privileges necessary for the transmission of alarm signals, and in this case the Company shall not be under any liability to the Subscriber by reason of such termination.
(c) The termination of this Agreement howsoever caused shall be without prejudice to any antecedent rights and entitle Lyme Bay Alarms to forthwith repossess the Company’s Equipment and the Subscriber shall permit their repossession or return the same without any requirement for a formal demand. The Subscriber shall forthwith pay to the Company all rental Maintenance Charges and any other sums that accrued due hereunder, and subject to any antecedent rights and the following sub-paragraph, no other sums shall be payable or repayable by either party to the other on such occurrence.
(d) If this Agreement either terminates or is terminated upon the occurrence of any of the events specified in sub-paragraphs (ii) to (v), inclusive of Condition 13 (a) or Sub-paragraphs (i) and (ii) of Condition 13 (b), the Subscriber shall forthwith pay Lyme Bay Alarms the total of all future Rental Maintenance Charges which would have been payable had this Agreement continued to the earliest date of which the Subscriber could have terminated this Agreement by notice, less an allowance of one third of such sum. This allowance is calculated to cover the maintenance content of such charges, depreciation of the Company’s Equipment, and to reflect accelerated receipt; such final sum being payable as liquidated damages.
14. Any time or other indulgence granted by Lyme Bay Alarms to the Subscriber shall not prejudice the enforcement by Lyme Bay Alarms of any of its remedies hereunder. Any variation hereunder, any variation hereof shall be in writing and signed by a duly authorised manager of Lyme Bay Alarms.