TERMS AND CONDITIONS SERVICE AGREEMENT
The Client acknowledges that the Company shall incur no liability or responsibility for any loss which the Client may suffer by virtue of malfunctioning of the alarm system or any failure of any equipment or vehicle whether supplied by the Company or otherwise for any reason which shall include negligence on the part of the Company, Franchisee or Contractors, should the signal be received by the Company as a result of the activation of the alarm system, howsoever such activation shall have been caused. The Company shall take such appropriate action or steps pursuant to the receipt of such signal as it shall determine in its sole discretion. But the Company shall under no circumstances be liable to the Client for damage or otherwise nor shall the Client be entitled to defer the payment of rentals or other amounts owing hereunder by reason of such action or steps taken by the Company, failing of taking suitable action or steps upon receipt of such signal/telephone call.
The Client undertakes to make payments to the Company to the sum equal to the replacement value of the radio transmitter and or telecommunicator in the event of the said items being damaged by vermin, fire, burglary, force majeure or caused by any person or workman not in the employ of the Company or the tampering with any part or installation or any Act of God.
3. RETENTION OF OWNERSHIP
The radio transmitter communicator and/or signboards shall at all times remain the property of the Company and shall not by virtue of its attachment to any immovable property became or deemed to have become adjunct to such immovable property. Where the premises are leased by the Client, he undertakes to notify his Landlord that the alarm has been installed and that the radio transmitter/telecom and signboards remain the property of the Company. The Client hereby indemnifies the Company against the radio transmitter/telecom and signboards being attached and sold in execution of any creditor of the Client and undertakes in such event to pay the Company on demand the value of the radio transmitter/telecommunicator specified above.
The Client shall be deemed to have made a default under this agreement, if his estate is placed under sequestration or if he gives notice of the surrender of his estate or if he is in default with any monthly fee, installation or service charge herein provided for and fails to make such payment within (7) seven days of receipt of written notice from the Company calling upon him to make such payment, or if he abandons the alarm or vacates the premises where the alarm is located, or if his interest in the premises be extinguished or transferred, or if being a limited Company which is placed under compulsory liquidation, or places itself in voluntary liquidation, or the Client fails to carry out any of the terms or conditions hereof. If in any event the Company shall be entitled upon written notification to the Client, which notice shall conclusively be deemed sufficient if signed by an employee, solicitor or agent of the Seller or mailed or delivered to the premises where the Alarm was or is located.
- To continue to enforce the contract or
- To claim from the Client immediately on such default, payment of the full balance or rental for the remainder of the unexpired term of this lease in which latter event the Client shall on payment of such full balance be entitled to the use of the Unit for the remainder of such unexpired term, subject to the terms and provisions hereof, or
- To cancel the agreement and to take possession of the Unit and to claim from the Client all arrears of Rental to the date of such possession, and in addition to claim from the Client as liquidated damages the total rentals for the unexpired period of the lease which the parties hereby agree is a genuine pre-estimate of the damages which the Company will sustain by reason of the breach of the agreement by the Client.
Failure to effect payment of any amount owing on due date entitles the Company summarily and without notice to suspend operation of the service and monitoring of the alarm and such service shall only be reconnected upon payment of all arrears plus a reconnection fee.
No waiver by either party hereto of the non-performance of any terms or conditions shall be a waiver of any such subsequent breach or failure to honour the same term or condition. The rental is based upon the costs ruling at the date hereof and the Company reserves the right to increase the rental charge at any time after the commencement date on certifying that such increase is due to an increase in labour and/or material costs and it is agreed that such increase will be paid by the Client and shall not give rise to any right to cancel this agreement. The Company shall notify the Client of any increase of the fee by written notice not less than one calendar month to the implementation of such increase.
7. DEBIT AUTHORITY
It is recorded that the Client duly authorizes the Company to draw against his bank account the amount of the monthly service fee as par schedule of monthly services and to automatically apply any increase in terms of paragraph 6.
This agreement shall be for a period not less than 12 months with a (30) thirty days written notification of the intend to cancel by pre-paid registered post.
This agreement shall not be binding on the Company until same shall have been signed by a member of the Company or a person duly authorized thereto.
The Company shall be entitled to cancel this agreement if written notice of such cancellation is given by the Purchaser to the Company within 24 hours in writing after the date of signing this agreement or at a later stage, but before installation of the goods has commenced provided that the Purchaser pays to the Company twenty percent of the total purchase price of the goods, being the agreed pre-estimate damages which the Company will suffer for its loss of profits which the purchaser regards as fair and reasonable. The Client shall be entitled to cancel this agreement if any alleged default or breach of contract on the part of the Company shall be recorded in writing and delivered by pre-paid registered post or delivered by hand to the Company at its address on the face hereof. Should the Company fail to remedy the breach within (7) seven days after receipt of the said notice, the Client shall be entitled to cancel the contract and to a refund of any fee paid by the Client in respect of any period after the date of cancellation. The Client consents to the jurisdiction of the Magistrates Court in respect of any proceedings instituted by the Company, not withstanding that the amount in dispute exceeds the jurisdiction of the Magistrates Court. The rights and obligations of the Client shall not be transferred to any other person without the consent in writing of the Company first hand and obtained which consent shall not unreasonably be withheld . The terms and conditions of this agreement shall be binding on the Heirs Administrators. Assigns or successors of the parties hereto. The Company agrees to cancel this contract should the Client sell or becomes obliged to vacate the property, provided he has met with all his obligations under paragraph 6 and 7 of this agreement.
11. SERVICE CONTRACT
Nobody other than the Company shall be engaged by the Client to perform any maintenance/additions/repairs to the system during the currency of this agreement.
The Company guarantees the materials used in respect of the goods installed for a period of (12) twelve months from the date of installation thereof, but the workmanship for (30) thirty days only. The Company gives no further guarantee and shall not be liable to the purchaser or any other person for any other claims or damages whether consequential or otherwise arising from the installation and/or use of the goods or any other cause whatsoever and in particular shall the Purchaser have no claim against the Company or its agents for any damages resulting from damages or injury to property or any person howsoever cause and/or any delay in the completion in the installation of the goods. The guarantee excludes the lifespan of the batteries, damages caused by power surges and/or any Act of God. The alarm system has a warrantee of (12) twelve months against defective materials. Such defective materials will be replaced during office hours 08:00 to 17:00 from Mondays to Fridays. It excludes Saturdays & public holidays. A call out fee will be for the account of the Client.
The Purchaser hereby grants the Company irrevocable right at all reasonable times to enter the place where the goods are to be installed for the purpose of installation and/or removal thereof.
The Customer authorizes any employee of the Company to enter the premises of the Customer for the purpose of conducting security surveillance and furthermore authorizes the Company and any employee of the Company to take such steps as would be reasonable be required for the protection of the life, property or goods of the Customer. Furthermore the Customer authorizes any employee of the Company to arrest without warrant as contemplated in Section 42(3) of the Criminal Procedure Act 51 of 1977, any person found committing an offence on/or in respect of the said property.
15. RADIO RENTAL AGREEMENTS
Such agreements will be in force for a period of (36) thirty six months where after it will automatically be renewed for a further (12) calendar months. A (90) ninety days written notice applies to terminate such agreements.