WISTONIA GROUP LTD

TERMS AND CONDITIONS

163 Nantwich Road, Crewe, Cheshire CW2 6DF
01270 666245 | info@wistonia.uk | admin@wistonia.uk | www.wistonia.uk

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1. Definitions

1.1 “Company” means Wistonia Group Ltd.

1.2 “Customer” means the person, company or organisation purchasing Goods or Services from the Company.

1.3 “System” means the intruder alarm, detection, signalling, CCTV, access control or associated equipment installed, maintained, inspected, repaired or otherwise serviced by the Company.

1.4 “Services” means installation, maintenance, inspection, repair, call-out, monitoring, signalling or other services provided by the Company.

1.5 “Goods” means equipment, components, materials and other articles supplied by the Company in connection with the Services.

1.6 “Agreement” means these Terms and Conditions together with the quotation, order acknowledgement, maintenance agreement and any other written document expressly incorporated into the contract.

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2. Application and Contract Formation

2.1 These Terms and Conditions apply to contracts for the supply of Goods and Services by the Company unless expressly agreed otherwise in writing.

2.2 The Customer’s acceptance of a quotation, signing of an order, payment of a deposit, commencement of works or continued use of the Services constitutes acceptance of these Terms and Conditions where legally permitted.

2.3 A quotation does not constitute acceptance of an order until the Company confirms the order or otherwise commences performance.

2.4 Any variation to these Terms and Conditions must be agreed in writing by the Company.

2.5 If there is any inconsistency between documents forming the Agreement, the specific written terms agreed for the relevant installation or maintenance service will take precedence over these general Terms and Conditions to the extent of the inconsistency.

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3. Quotations and Additional Works

3.1 Quotations are based on information available to the Company at the time of quotation and are valid for 30 days unless otherwise stated.

3.2 The Company may amend a quotation where previously unidentified site conditions, additional equipment, access requirements, remedial works or other circumstances are discovered.

3.3 Unless specifically stated, quotations do not include electrical works, building works, decorating, making good, network infrastructure or other third-party works.

3.4 Additional works requested by the Customer or reasonably required because of site conditions will be charged at the Company’s prevailing labour and material rates unless otherwise agreed in writing.

3.5 Where additional works are identified, the Company will, where practicable, advise the Customer of the expected additional cost before proceeding.

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4. Installation

4.1 The Company will carry out installation with reasonable skill and care and, where applicable, in accordance with the agreed specification, manufacturer recommendations and relevant industry standards.

4.2 The Customer must provide reasonable access to the premises and suitable power supplies, internet/network connections and other facilities reasonably required for the installation.

4.3 The Company is not responsible for delay caused by the Customer, third parties, lack of access, unsuitable infrastructure or circumstances outside the Company’s reasonable control.

4.4 Where equipment is installed onto existing wiring, equipment or infrastructure, the Company cannot guarantee the condition, compatibility or reliability of that existing infrastructure.

4.5 The Customer is responsible for obtaining any landlord, planning, leaseholder or other permissions required for the installation unless expressly agreed otherwise.

4.6 The Customer must provide a safe working environment. The Company may refuse or suspend work where it reasonably considers the working conditions unsafe.

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5. System Performance and Limitations

5.1 The Company will install and configure the System in accordance with the agreed specification.

5.2 No intruder alarm, CCTV, access control or other security system can guarantee the prevention of burglary, theft, damage, fire or other loss.

5.3 The System is intended to provide detection, recording, access control and/or notification of specified events and should not be regarded as a substitute for appropriate physical security measures.

5.4 Where the System relies upon telephone, broadband, mobile networks, Wi-Fi, cloud services, monitoring services or other third-party services, the Company cannot guarantee uninterrupted availability of those services.

5.5 The Customer acknowledges that changes to the premises, environment, lighting, network, power supply, building layout or use may affect System performance.

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6. Customer Responsibilities

6.1 The Customer shall operate the System in accordance with the manufacturer’s and Company’s instructions.

6.2 The Customer shall notify the Company of faults or changes affecting the System and provide reasonable access for servicing and maintenance.

6.3 The Customer shall keep user codes, passwords, keys and other security information secure and notify the Company of changes to authorised users where relevant.

6.4 The Customer shall not interfere with, alter or permit unauthorised persons to alter the System.

6.5 The Customer shall notify the Company of building alterations, changes to room layouts or changes in use that may affect the System.

6.6 The Customer shall maintain suitable electricity, telephone, broadband or mobile services where required for operation.

 

 

7. Existing Systems

7.1 Where the Company services or modifies an existing System, it is not responsible for defects or faults in equipment, wiring or infrastructure that was not installed or supplied by the Company.

7.2 If existing equipment is defective, obsolete, unsupported or incompatible, additional charges may apply for remedial work or replacement.

7.3 The Company may recommend replacement rather than repair where equipment is obsolete or no longer supported by the manufacturer.

 

 

8. Maintenance Agreements

8.1 Where the Customer has entered into a maintenance agreement, the Company will provide the agreed number of preventative maintenance visits during the contract period.

8.2 Maintenance visits normally include inspection, testing and basic adjustment of the System and associated equipment as appropriate to the agreed service.

8.3 Replacement batteries, components, equipment and remedial works are not included unless specifically stated in the maintenance agreement.

8.4 Maintenance does not cover damage caused by misuse, vandalism, water ingress, pests, building works, power surges, unauthorised alterations or other circumstances outside normal operation.

8.5 The Company may recommend remedial works where equipment is defective, obsolete or no longer supported.

 

 

9. Call-outs and Repairs

9.1 Call-outs outside scheduled maintenance visits will be charged at the Company’s applicable rates unless covered by the maintenance agreement.

9.2 Emergency or out-of-hours attendance may be subject to additional charges.

9.3 Where a fault is caused by equipment or infrastructure not supplied or maintained by the Company, the Customer may be charged for attendance and remedial work.

9.4 The Company will make reasonable efforts to attend reported faults within the response period applicable to the Customer’s maintenance agreement. Response times are targets and are not guaranteed unless expressly agreed otherwise in writing.

 

 

10. Monitoring and Signalling

10.1 Where monitoring or signalling services are provided, they may be subject to separate service terms and conditions.

10.2 The Company does not guarantee uninterrupted monitoring or signalling where the service relies upon third-party telecommunications, broadband, mobile networks or cloud services.

10.3 The Customer must notify the Company of changes to telephone numbers, keyholders, contact details or other information required for monitoring.

10.4 Where the monitoring arrangement requires notice to a third-party monitoring provider, the Customer must give the Company the notice specified in the relevant monitoring agreement; where no other period is stated, three months’ written notice will apply.

 

 

11. False Alarms

11.1 The Customer is responsible for ensuring authorised users understand how to operate the System correctly.

11.2 Repeated false alarms caused by user error, misuse or environmental conditions may result in additional charges where not covered by the maintenance agreement.

11.3 The Company may recommend remedial work where repeated false alarms indicate an underlying System fault or environmental issue.

 

 

12. Goods, Replacement Parts and Equipment

12.1 Replacement parts will normally be charged separately unless covered by a specific warranty or maintenance agreement.

12.2 Manufacturer warranties will be passed to the Customer where applicable.

12.3 Equipment specifications may change as manufacturers update or replace products. Where a specified product is unavailable, the Company may propose an equivalent or suitable alternative for the Customer’s approval.

12.4 Risk in Goods passes to the Customer on delivery or, where installed by the Company, on completion of installation, subject to applicable law.

12.5 Ownership of Goods supplied by the Company remains with the Company until payment has been received in full, where legally permitted.

 

 

13. Warranty

13.1 Installation workmanship is warranted for 12 months from the date of completion unless otherwise stated in writing.

13.2 Equipment is covered by the manufacturer’s warranty for the period specified by the manufacturer.

13.3 Warranty does not cover damage caused by misuse, accidental damage, vandalism, water ingress, electrical faults, lightning, power surges, unauthorised modification or circumstances outside the Company’s reasonable control.

13.4 Warranty claims may require inspection before repair or replacement is authorised.

13.5 A warranty does not replace or extend any separate maintenance agreement unless expressly stated in writing.

 

 

14. Price and Payment

14.1 All prices are in pounds sterling and are exclusive of VAT unless expressly stated otherwise.

14.2 Invoices are payable immediately of the invoice date unless otherwise agreed in writing.

14.3 Installation deposits, staged payments or advance payments may be required as specified in the quotation.

14.4 The Company may suspend non-emergency Services where invoices remain unpaid, subject to applicable law.

14.5 The Company may charge interest on overdue payments where permitted by law.

14.6 Where the Customer cancels an installation after equipment has been ordered or works have commenced, the Customer may be responsible for reasonable costs already incurred by the Company.

 

 

15. Cancellation and Termination

15.1 Maintenance agreements may only be cancelled in accordance with the cancellation provisions stated in the relevant agreement.

15.2 Where monitoring is provided through a third-party monitoring provider, the Customer remains responsible for any notice period expressly stated in the monitoring agreement.

15.3 Consumer Customers may have additional cancellation rights under applicable UK consumer legislation.

15.4 The Company may terminate or suspend Services where the Customer materially breaches the Agreement, subject to any applicable legal requirements and any opportunity to remedy the breach.

 

 

16. Limitation of Liability

16.1 The Company will carry out the Services with reasonable skill and care.

16.2 Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.

16.3 Subject to applicable law, the Company shall not be liable for indirect or consequential loss, loss of profit, loss of business, loss of revenue, loss of opportunity or loss arising from failure of third-party telecommunications, internet, monitoring or cloud services.

16.4 The Customer acknowledges that no security system can guarantee prevention of loss, theft or damage.

16.5 Subject to applicable law, the Company’s total liability arising from an Agreement shall not exceed the price paid or payable under the relevant Agreement, except where a different limit is expressly agreed in writing.

16.6 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability which cannot lawfully be excluded or limited.

 

 

17. Data Protection and CCTV

17.1 The Company will process personal information in accordance with applicable UK data protection legislation.

17.2 Customer information may be used for providing Services, administering accounts, arranging appointments, maintenance and communicating with the Customer.

17.3 Where CCTV, remote monitoring, cloud services or third-party software are used, relevant third-party terms and privacy policies may also apply.

17.4 Unless otherwise agreed, the Customer is responsible for ensuring that its use of CCTV and recorded images is lawful and that appropriate notices, policies, retention arrangements and access controls are in place.

17.5 The Customer is responsible for maintaining the confidentiality of passwords and user credentials issued for remote access.

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18. Intellectual Property

18.1 The Company retains ownership of its intellectual property, designs, drawings, specifications, software, documentation and other materials unless expressly agreed otherwise in writing.

18.2 The Customer shall not reproduce or use the Company’s proprietary materials for purposes outside the Agreement without the Company’s written consent.

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19. Complaints

19.1 Any complaint should initially be made to the Company in writing.

19.2 The Company will investigate complaints and aim to provide a response within a reasonable period.

 

 

20. Force Majeure

20.1 The Company shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including severe weather, flooding, fire, industrial disputes, shortages of equipment, telecommunications failures, power failures, government action or other unforeseen circumstances.

21. General

21.1 If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in force.

21.2 Failure by either party to enforce a provision shall not constitute a waiver of that provision or any other right.

21.3 The Customer may not assign the Agreement without the Company’s prior written consent. The Company may assign the Agreement to another company within its group or to a successor to the relevant business.

21.4 No person who is not a party to the Agreement shall have rights to enforce its terms under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise.

22. Governing Law

22.1 These Terms and the Agreement shall be governed by and construed in accordance with the law of England and Wales.

22.2 The courts of England and Wales shall have non-exclusive jurisdiction over disputes arising in connection with the Agreement, subject to any applicable consumer rights.

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23. Acceptance

23.1 Acceptance of a quotation, signing of an order, payment of a deposit, commencement of works or continued use of the Services constitutes acceptance of these Terms and Conditions where legally permitted.