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Terms and Conditions

1.1 In this Agreement the following expressions shall have the meanings set opposite them:
“the company” Britannic Security Systems Ltd, and shall include its officers, employees and agents:
“the commencement date” the date specified on the order form for the commencements of the service:
“the customer” the person whose name is specified on the order form and shall include any person whom service has been provided for by the company on the application of the customer:
“the Equipment” the Equipment as described in the specification:
“the minimum Period of Service” unless otherwise specified, a period of 12 consecutive months from the Commencement Date:
“the Service” the routine maintenance and/or fault repair of the Equipment.

1.2 In this agreement any reference to:
“a clause” is reference to a clause hereof:
The word “including” is to be construed without limitation:
1.3 Any reference in this Agreement to the masculine shall include the feminine and any reference to the singular shall include the plural and vice versa in each case.
1.4 Clause headings are for ease of reference only.
2.1 Subject to the Conditions contained herein the Customer agrees to purchase and the Company agrees to deliver and install the Equipment at the Customer’s Premises in accordance with any written quotation
and or specification of the Company which is accepted by the Customer.
2.2 No order shall be deemed to be accepted by the Company unless and until confirmed in writing by the company.
2.3 The Company’s employees and or agents are not authorised to make any representations concerning the Equipment unless confirmed by the Company in writing.
2.4 Except where the Customer relies on the Company’s written advice it is the Customer’s responsibility to satisfy himself as to the suitability of the Equipment for its needs, the System Quotation and specification do not constitute written advice.
2.5 This agreement includes first year maintenance to BS4737, BS6799 and EN5031 for Intruder Alarms and BS5839 Part 1 for Fire Alarms when so applicable. Maintenance will commence after the first year as applicable upon payment of the company’s invoices for service.
  The customer shall at its own expense:
3.1.1 obtain all necessary consents for the installation and the use of the Equipment:
3.1.2 Provide suitable accommodation and operating environment for the Equipment:
3.1.3 Provide electrical power needed by the Company for the purposes of installing, testing and maintaining the Equipment.
3.1.4 Provide a suitable and safe working environment for the Company’s personnel, including the provision of access equipment for working at height if required by  the site health and safety officer.
3.1.5 Take up or remove in time to allow the Company to carry out installation , any fitted or fixed floor coverings, ceiling tiles, suspended ceiling tiles and partition  covers, and carry out afterwards any making good or decorators work required.
3.1.6 When the equipment is to be connected to a telecommunications network to arrange for such connection to be made and to pay any connection charge and comply with any conditions relating with connection.
3.2 The company will carry out work during its normal working hours but may be on reasonable notice require the Customer to provide access at other times. The Company may at the Customer’s request comply with the Customer’s reasonable site security and safety regulations previously advised to the Company in writing by the Customer.
3.3 The Company shall comply with the Customer’s reasonable site and regulations previously advised to the Company in writing by the Customer.
4.1 If the Equipment is to be delivered, installed and or made ready for service by a date specified by the Customer, such date is to be treated as an estimate only. The Company does not guarantee that the Equipment will be delivered, installed and or ready for service by such date, or accept liability for failure to meet the date.
4.2 Upon installation, the Company will carry out any tests necessary to ensure the Equipment is in working order. The Equipment shall be deemed to be ready for service by the Customer at either:
4.2.1 the date when the Company notifies the Customer that the Equipment is in working order, or
4.2.2 the date when the Customer begins to use the Equipment, whichever is earlier.
5.1 Unless the Company notifies the Customer otherwise, an invoice will be submitted upon handing over of the Equipment in accordance with the sub-clause 4.2 Payment is due upon completion of the installation of the equipment being supplied by the Company. The Company may charge a daily interest rate equal to 2% per month above the base lending rate of the HSBC Bank Plc. If payment is not received by the seventh working day after the installation.
5.2 Unless otherwise stated charges:
5.2.1 include delivery of the Equipment to the Customer’s Premises and installation by the Company:
5.2.2 do not include Value Added Tax which will be added to invoice appropriately:
5.3 The Company may vary the charges payable by the Customer to include any change in those charges occurring and notified to the Customer before delivery of the Equipment. In respect of those items whose price is not increased the Customer may cancel this Agreement at any time before delivery of the Equipment.
5.4 Notwithstanding sub-clause 6.3 the Company shall be entitled to maintain an action for the price of the Equipment at any time before payment becomes due.
6.1 Any part of the Equipment delivered to the Customer’s Premises ( or the premises to which the Equipment is delivered at the Customer’s request ) shall be from the time of delivery be at the Customer’s risk whether or not installed except as regards loss or damage caused by the negligence of the Company.
6.2 If the Company is delayed in or prevented from delivering or installing the Equipment by any date specified under sub-clause 4.1 due to any delay or default on the part of the Customer the Company may (in addition to any other remedies) on written notice to the Customer add to the charges a reasonable sum in respect of any additional costs thereby incurred.
6.3 Notwithstanding that the Equipment has been handed over and stands at the Customer’s risk. Ownership of the Equipment shall not pass to the Customer until payment of the Company charges in full.
6.4 In the event of threatened seizure of the Equipment or of appointment of a receiver or liquidator or any other event entitling the Company to terminate this Agreement under clause 10 the Customer shall immediately notify the Company and the Company shall be entitled to enter the Premises and repossess the Equipment.
7.1 Except as provided for under sub-clause 7.3 and 7.4 the company has no obligation, duty or liability in contract (including negligence, nuisance or breach statutory duty) or otherwise arising out or by reason or in connection with this Agreement.
7.2 In no circumstances shall the Company be liable in contract tort (including negligence, nuisance or breach or statutory duty) or otherwise for loss (whether direct or indirect) of profits business or anticipated savings or for any economic or consequential loss whatsoever.
7.3 The Company does not exclude liability for death or personal injury attributable to its own negligence.
7.4 The Company does not exclude liability for loss or damage to property directly resulting from the Company’s breach of this Agreement, but the Company’s liability for such loss or damage shall be limited to an amount equal to 20 times the first years maintenance charges in respect of any one incident or a series of incidents whether related or unrelated in any period of 12 months. Should you wish you may increase this limit to a higher level to be agreed in writing. The Company may require a payment of an additional amount in order to obtain the appropriate insurance cover for the additional liability arranged.
7.5 Where the Customer does not buy the Equipment in the course of a business ( or hold itself out as doing so ) this clause 7 does not exclude the undertakings implied by sections 13, 14 and 15 of the sale of goods act 1979 and does not affect the Customer’s statutory rights.
7.6 The Company shall not be liable for any failure to comply with obligations of this Agreement where failure is due to circumstances beyond the Company’s reasonable control, including without limitation Act of God, war, civil disturbance, flood, lighting, fire, industrial action or lockouts, the act of omission of Government or any agency thereof, a failure or delay attributable to any electricity or telecommunications network, the act or omission of any party for whom the Company is not responsible.
8.1 The Company will make good by rectification repair or replacement or at its option by the supply of replacement parts, faults or defects which, under proper use, appear in the equipment within the period of 12 months after the equipment has been accepted or deemed to have been accepted and arise solely from faulty material or workmanship or faulty design (other than a design made furnished or specified by the Customer) provided that:
8.1.1 the equipment has been properly kept used and maintained in strict accordance with the manufacturers or the Company’s prior consent:
8.1.2 the fault is not due to accidental or wilful damage (including lightning and electrical damage) fair wear and tear, interference with or maintenance of the Equipment by a third party.
8.2 The Company may make a reasonable charge in respect of any visit at the Customer’s request to repair the equipment where either no fault is found to exist, or the fault is not covered by this guarantee.
9.1 Intellectual property rights in all software supplied to the Customer remain the property of the Company or its licensor. The Company grants the Customer a non-exclusive non-transferable licence to use the software for the purpose of using the Equipment and for no other purpose.
9.2 The copyright in all documents, drawings and information supplied to the customer in connection with this Agreement shall remain vested in the Company. Such documents, drawings and information shall not be copied, disclosed or used (except for the purpose for which they were supplied) without the written consent of the Company.
9.3 The Customer shall indemnify the company fully against all losses, liabilities, costs and expenses which the Company may incur as a result of work done in accordance with the Customer’s specification involving any infringement of intellectual property rights.
10.1 Without prejudice to other rights the Company shall forthwith have the right to terminate this Agreement at any time and to claim for any resulting losses or expenses if the Customer is in breach of any obligation under this Agreement and fails to remedy the breach within 21 days of notice requiring him to do so: or
10.1.2 In the event of the Company becoming entitled to terminate this Agreement the Company will be entitled (in addition to the payment of charges otherwise outstanding under the terms of this Agreement) to the payment of all sums payable in respect of any breach by the Customer of the terms of this Agreement and all legal fees incurred in enforcing the Company’s rights under this Agreement.
10.1.3 The Customer must give at least 30 days notice in writing to the company of their intention to terminate Monitoring and Maintenance services for the ensuing year. Confirmation and acknowledgement of termination will on all occasions be confirmed by the company in writing to the customer. The Customer must not assume termination without the company’s express acknowledgement and confirmation.
Failure to comply with there terms will result in Monitoring charges becoming payable in advance for the ensuing year.
11.1 This Agreement is personal to the Customer and the Customer shall not at any time assign, pledge, mortgage, transfer or otherwise dispose in whole or in part of any rights under the Agreement except as expressly allowed by the terms of this Agreement. The Company may at any time assign, pledge, mortgage, transfer or otherwise dispose in whole or in part all rights under this Agreement and shall have the right to sub-contract or delegate the performance of its obligations arising under this Agreement without the prior consent of the Customer:
11.2 If the Customer comprises more than one person the liability of such persons shall be joint and several.
  The Customer acknowledges that this document contains the entire terms of the Agreement and supersedes all prior oral or written communications. No variations of these terms shall have effect unless agreed in writing by the Company and the Customer. These terms shall not be replaced by any terms proposed by the customer.
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Security Company Solihull
tel. 0121 314 8667
e. sales@britannicsecurity.com
Coverdale House, 261 Lyndon Road, Olton, Solihull, West Midlands, B92 7QP
Company Number: 02920595
Solihull Security Company
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