These terms and conditions apply to all aspects of business carried out by Newmax Security Ltd.
Please read this document carefully as it will tell you everything you need to know about the terms and conditions on which we will deal with each other.
1. Any variation from these terms and conditions must be confirmed in writing by a director of Newmax Security Ltd.
2. If you do not own the property, you will need to obtain the property owners permission before you can authorise us to start work on the property. By instructing us to act for you, you are indemnifying us against any action against us, should you not have this permission.
3. We will carry out all work during our normal working hours (8am to 5pm Monday to Friday), unless we say otherwise. Works outside these hours are subject to extra charges.
4. We will agree with you what work we will carry out. We will then carry it out as soon as possible, depending on when an engineer is available.
5. One of our engineers will usually carry out the work. In some cases, we may authorise a suitably qualified contractor to carry out the work.
6. Materials used for the work are guaranteed for one year from the date of fitting them. Within this period, if the materials are defective then we will repair or replace the defective materials free of charge.
Service exchange items carry a three-month warranty. If our work is defective, then we will re-perform our work free of charge. Our work is guaranteed for one year from the date that the work is completed. These guarantees do not affect your statutory rights in relation to the quality and description of the materials and services.
Manufacture warranty items that are faulty will be sent back for testing at our expense, however, should you require the devices to be dismantled or removed you will be charged at a hourly rate of £125.00 + VAT.
7. Our initial repair charge does not include the following:
• Repairs or modifications identified or needed owing to design faults in your current system at the time of the agreed work being carried out.
• Any improvements which are needed to your system, or any work needed to bring your system or installation up to current Health & Safety standards;
• Accessing your system (materials and labour) – for example, motors or wiring buried underground or in piers. We will agree any extra costs with you beforehand.
8. The charge for the work includes the labour and parts for fixing the first fault we identify, and faults directly related to that fault. We may charge you separately for repairs to further unrelated faults.
8.1 We cannot be held responsible for late supply of goods from our suppliers, which may cause a delay in the repair or installation of said parts. Our lead times are estimates and cannot be guaranteed. If parts are unavailable from our usual suppliers, we may seek to purchase the required parts elsewhere. If there is a cost increase associated with this, we will advise you accordingly.
9. Following our work, you may need to do some making good. You will be responsible for this (and we will not pay for it) unless we have been negligent. If access must be made, we will fill in any holes and leave the surface level, but we will not necessarily replace the original surface or construction.
10. If the safety arrangements of your system do not meet the current Health & Safety standards, we will tell you what work is needed. The engineer on site will decide whether work can go ahead. Any work recommended to put things rights is at an extra cost. We will agree with you how much this will cost beforehand.
11. Where we replace existing parts, we will use our best endeavours to get your system working where it is possible. If necessary, we will agree any extra costs with you beforehand.
12. We will not carry out the repair if:
• Parts are unavailable; or
• Your system would become unsafe.
13. Notice of your right to cancel
You are entitled to cancel our agreement. If you wish to cancel, you MUST DO SO IN WRITING, within seven days. Please note that you will be required to pay for any goods or services we provide to you if you have asked us to start work before the end of your cancellation period.
Using personal information
14. Using your personal information.
14.1. We may use your information to do the following:
a) Provide you with the services you have requested.
b) Offer you services and products in the future.
c) Contact you about improving the services and products we have provided before, now or in the future.
d) Contact you in any way, including by email, phone, text or multimedia message or other forms of electronic communications, about products and services we may offer.
14.2. We may also monitor and record any communications we have with you, including phone conversations and emails, to make sure we are providing a good service and meeting our regulatory and legal responsibilities.
14.3. To provide services you have asked for, which may include providing information to members of your family or household, anyone acting on your behalf or other people who may be interested (such as landlords or letting agents).
14.4. If you give us information on behalf of someone else, you confirm you have given them the information set out in these terms and conditions, and that they have given permission for us to use their personal information in the way we have described in clause 14.0
15.1. Failure by us to enforce any rights under these terms and conditions is not to be deemed a waiver of those rights, unless a director of Newmax Security Ltd has confirmed a waiver in writing.
15.2. Any waiver or variation of any of these terms and conditions by us at any time, will constitute a waiver or variation for the purpose of that particular transaction only.
16. Each of the above terms shall be read and construed independently of each other. If any part of these terms and conditions is found to be invalid, unlawful or unenforceable by the court or an institution with jurisdiction, then any such term shall be struck out, but the remaining terms and conditions shall remain in force.
17. These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts in England and Wales without reference to rules governing choice of laws.
18.1. Our invoices shall be paid upon completion of the works, unless otherwise agreed in writing by a director.
18.2. Invoices unpaid for more than 30 days after the invoice date will incur a surcharge of 7% of the outstanding amount every 7 days until payment is received.
18.3. In the event of any dispute with invoices, we expect you to advise us within 10 working days dated from invoice sent date of any issues and allow us the opportunity to resolve. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
18.4. The Company reserves the right to increase an estimated fee if the client requests a variation to the work agreed. Failure to keep to our credit terms may result in loss of credit facilities, regardless of any prior approval of credit we may have made, we shall be entitled to full or partial payment in advance, if we so require.