Terms of Business

Terms & Conditions of Business

These terms and conditions govern your relationship with Black Swan Security Systems South West. Please read them carefully before you buy any goods and or services from us.

Definitions

The “Buyer” “Customer” “Client” means the person who places the order and offers to buy or agrees to buy goods and or services from the supplier.

The “Supplier” “Seller” “Company” “We” “Us” means Black Swan Security Systems South West.

The “System” Services means goods the buyer agrees to buy.

The “Specification” means the document setting out details of the security system which the buyer has ordered or agrees to buy.

The “Conditions” means the conditions of sale set out in this document and any special conditions agreed in writing by the supplier.

Conditions

These “Terms and Conditions” do not affect your statutory rights as a consumer. Any changes to this terms and conditions must be confirmed in writing and signed by you the Client and a director of our company.

Placing an order

We will provide you the Client with a written quotation and where applicable a system specification. We require you to put your acceptance of our quotation in writing either by post or by e-mail. Your order is subject to acceptance by us and we may or may not accept your order. We will not accept orders from any persons under 18 years old.

If we do accept your order, we will send you an email to confirm the acceptance of your offer and a contract will be created at the time we send you an email confirming your order. If we do not accept your order, we are not obliged to inform you of the reasons for not accepting your order.

Prices and Payment Terms

The prices for the goods and services shall be the current prices that are agreed by us at the time of placing the order.

The prices agreed shall only be valid 30 days from the date of acceptance. Any delay in supplying the agreed goods and services beyond 30 days may render the agreed goods and services to an increase in price.

In all cases payment is due in full on the payment terms agreed which shall not be more than 30 days from the date of invoice. We do not accept post-dated cheques.

We expect you to pay promptly. If payment to us is overdue, we will charge you interest at 8.5% over base rate of Barclays Bank, from the date of our invoice until the date you pay. If you refused to pay the money plus any interest due to us, we will transfer the payment collection to a debt recovery agency or solicitors. We will charge you the additional cost of the debt collection service and any legal and court fees as may apply

Unless we agree in writing to do so, the prices do not include any work involving carpet laying, concealing cables, redecorating, plastering, building or carpentry work.

Delivery and Installation

In the case of consumer order for security systems, we will endeavour to deliver and install the goods within 30 days from acceptance of the order.

In the case of business to business order, we will endeavour to deliver and carry out necessary installation of the goods within 60 days from acceptance of the order and agreeing payment terms with the buyer. We can only install the goods at the delivery address given by you at the time of placing the order and accepted by us in writing.

Whilst we would take every reasonable steps to meet the delivery and installation date, the date or the time of our engineer’s arrival cannot be guaranteed and we shall not be liable for any losses, costs, damages or expenses incurred by you or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery and installation date. You will be required to sign a satisfactory completion document after the delivery and installation of the goods ordered.

Warranty and Liability

Unless we confirm a different warranty period in writing to you, we guarantee the goods and the installation for a period of one year from the delivery and installation date. During the guarantee period, we will repair faults at our own expense and in accordance with your service plan; except faults resulting from equipment misuse or negligence by you or others and natural acts such as lightning strikes, bulbs, IR LED’s, monitor tubes & CCD sensors damaged by normal wear & tear, consumable items of all kinds failing

such as batteries, damage from electrical equipment or other sources of electricity in the property and telecommunication connections.

Except as may be implied by law where the customer is a consumer, in the event of any breach of these Conditions by us the remedies of the customer shall be limited to damages which shall in no circumstances exceed the price paid for the goods and or services. Black Swan Security Systems South West shall under no circumstances be liable for any indirect, incidental or consequential losses or damage.

Existing systems ‘adopted’ by Black Swan Security Systems will be accepted, subject to confirmation in writing. Any warranties or guarantees that might be in place for any part or parts of the equipment installed shall not be recognised or accepted by Black Swan Security Systems.

Cancellation and Refund Policy

If you are a consumer, you have the right to cancel your goods ordered within 7 days of receiving a written acceptance from us and receive a full refund of any monies paid. You have the right to cancel your service contract by writing to us within 7 days of receiving a written acceptance of your order for service from us or the date of the contract, whichever is later. In these cases, we will refund any payments in full.

You should be aware that the goods we are dealing with are by their nature special order, and that the specifications of the goods may vary according to the installation premises. As such, you cannot cancel the goods ordered after they have been installed in your property and you have given written consent to us before the start of the installation.

Force Majeure

In the event that we are prevented from carrying out our obligations under a contract for sale as a result of any cause beyond our control such as but not limited to Acts of God, war, strikes, flood and failure of third parties to deliver goods, we shall be relieved of our obligations and liabilities under the terms and conditions for sale for as long as such fulfilment is prevented.

No Waiver

The failure to exercise or delay in exercising a right or remedy under these terms and conditions does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.

If we do not strictly insist on the performance of any part of these terms and conditions, we may still enforce all the conditions against you on other occasions. Failure to take any action against you if you break a condition does not mean that we will not take action against you if you break the same condition or other conditions again.

Complaints

If you have any complaint about our goods and or services, please contact us immediately. We will respond to your complaint within 48 hours of receiving the complaint and will do our best to find a speedy resolution to your complaint. We will deal with all complaints fairly and confidentially.

General

These terms and conditions shall be governed by and interpreted in accordance with English law and any disputes shall be referred to the English courts. You may not assign, license or transfer any of your rights under these terms and conditions.

A person who is not party to these terms and conditions shall have no rights under the Contract (Rights of Third Parties) Act 1999.

Black Swan Security Systems South West is not responsible for any breach of these terms and conditions caused by circumstances beyond its control. If any provision of these terms and conditions is found to be unenforceable or invalid, such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.