Sales Terms & Conditions
These Terms and Conditions are applicable to all transactions between parties 1 and 2 as detailed below.
1. EPIC INTEGRATION LTD a Company incorporated in England and Wales under Company Registration number 08187486 and whose registered office is at 9-11 Gunnery Terrace, The Royal Arsenal, London, SE18 6SW, UK ("the Company") and
2. The Customer
These Terms and Conditions apply to the use of this website and our services. By accessing this website, agreeing to our Services and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website or use our Services. Before you place an order, if you have any questions relating to these Terms and Conditions please contact us on 0208 301 8387 or by e-mail at info@epicintegration.com.
These terms and conditions set out the terms on which we will sell and supply you with services and equipment including installation, maintenance, monitoring, but not limited to.
Please read this document carefully to ensure you understand the contents fully.
Please pay particular attention to clause 14 as it contains limitations on our liability if you make a claim.
RECITALS
The Customer wishes to purchase the equipment listed in the Sales Order (to be complete), and on its purchase the Customer wishes to have it installed at the Customer's Premises or such other location as specified by the Customer.
The Company has the skills and resources to supply and install the equipment.
The Company is willing to supply and install the equipment and the Customer is willing to purchase the equipment and pay for the installation of the same all subject to the provisions of these Terms and Conditions.
IT IS AGREED:
1. DEFINITIONS
In this Agreement the following words shall have the following meanings:
1.1. ‘COMPLETION DATE’ means TBA
1.2. ‘SURVEY REPORT’ means the report which defines the level afforded by the services;
1.3. ‘SYSTEM’ the audio visual or security system together with any optional extras as set out in the Survey Report, Quote or Invoice;
1.4. ‘EQUIPMENT’ means the equipment listed in the Sales Order, (to be completed)
1.5. ‘EVENT OUTSIDE OUT CONTROL’ is defined in clause 16
1.6. ‘PERSONAL INFORMATION’ means the details provided by you on registration;
1.7. ‘INSTALLATION’ is the installed System as defined in the Survey Report, Quotation or Invoice.
1.8. ‘INSTALLATION DATE’ is the date on which the System is installed in accordance with clause 4
1.9. ‘INSTALLATION STANDARD’ is the standard according to which the equipment is to be installed and/or maintained, together with any other formal requirements stipulated as a condition of the regulatory body by which the Company is approved.
1.10. ‘ORDER’ your order for the System as set out in your Survey Report, Quote or Invoice;
1.11. ‘CUSTOMER’ the person of or organisation being a signatory to this Contract/user of this Website, sometimes referred to as “user”, “you” or “your” in these Terms and Conditions;
1.12. ‘CONTRACT’ means the Survey Report, Quotation or Invoice, and/or maintenance and acceptance together with these Terms and Conditions.
1.13. ‘PREMISES’ the Premises set out in the Survey Report, Quotation or Invoice where the System is installed;
1.14. ‘SERVICES’ includes installation, maintenance, monitoring and system servicing;
1.15. ‘EPIC INTEGRATION’ the “Company” is the organisation responsible for providing the services which is the subject of this Contract, sometimes referred to as “our”, “us” or “we” in these Terms and Conditions;
1.16. ‘NORMAL WORKING HOURS’ means 0900-1700, Monday to Friday, except Public Holidays.
1.17. ‘ALARM RECEIVING CENTRE’ the place to which signals are transmitted from the System and are monitored;
1.18. ‘KEYHOLDER’ means a person or third party you have chosen to hold the keys to your Premises
1.19. ‘TERMS AND CONDITIONS’ the terms and conditions set out in this document. Where the words “writing” or “written” are used in these Terms, this includes e-mail unless otherwise stated.
1.20. ‘WEBSITE’ means the website located at www.epicintegration.com or any subsequent URL which may replace it;
1.21. ‘COOKIES’ means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer;
1.22. ‘CONSUMER’ means an individual acting for the purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
1.23. ‘TRADER’ means and person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
1.24. ‘DISTANCE CONTRACT’ means a contract concluded between a trader and a consumer under an organised distance sale or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
1.25. ‘DURABLE MEDIUM’ means paper or email or any other medium that allows information to be addressed personally to the recipient; enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information; and allows the unchanged reproduction of the information stored.
2. YOUR CONTRACT
2.1. These are the terms and conditions on which Epic Integration (“we”, “us”, “our”) will supply you with our Services.
2.2. You can accept these Terms and Conditions either by:
i. Accepting a Quote or Invoice via email or using the online link.
ii. Agreeing to an Installation/Service date
iii. Following a link provided through the e-mail sent by a Company representative and accepting the Terms and Conditions
iv. Making a deposit payment
2.3. These Terms & Conditions will become binding when you have submitted your order to us and we have accepted the Order, at which point a Contract will come into existence between you and us. We will give you notice of our acceptance of the Order as soon as we can (in writing or otherwise).
2.4. Please ensure that you read these Terms & Conditions carefully, and check that the details on the Survey Report, Quote or Invoice and in these Terms & Conditions are complete and accurate, before you confirm that you are content to proceed. If you believe that there is an error or require any amendments, please contact us. We are happy to confirm any amendments in writing to avoid confusion.
2.5. By signing a Service Order, accepting a quote or invoice, or making a Deposit payment, you guarantee that we have full authority to allow the installation and no other consent is needed.
2.6. Nothing in these Terms and Conditions, stated or implied, shall detract from the Customer’s statutory rights, including those relating to the supply of goods and services.
2.7. The images of our Systems on our website and in our brochure or Specification Sheets are for illustrative purposes only. Your System may differ slightly from those images.
3. CHANGES TO THE ORDER OR TO THESE TERMS AND CONDITIONS
3.1. We may review these Terms & Conditions from time to time in the following circumstances:
i. variations in how we accept payment from you;
ii. variations in relevant laws and regulatory requirements; and
iii. a variation of our ownership.
3.2. Our Services are provided based on information made available to us immediately before the submission of the Quotation or Invoice. You may make an amendment to the Order within 7 days of when we inform you of our acceptance of an Order, providing Services have not been provided. Any modification to the information may make a variation necessary. Where this means a change in the total cost of the Services, we will give you written notice of the amended cost. In these circumstances you can cancel the Order in accordance with clause 17.
3.3. We shall not be deemed to have notice of any such alteration unless our attention is drawn to it in writing in which case we will be entitled to submit a revised Quotation.
3.4. If you wish to cancel an Order before installation, see your right in clause 17.
3.5. Any supplementary work or equipment required which is not part of an initial agreement will be charged. All additional costs will be agreed before work commences.
4. INSTALLATION SERVICES
4.1. A System will not be installed until we have received payment in accordance with clause 13.2.
4.2. We will contact you with an estimated date to supply our Services, however we do not accept any liability for delays in being able to provide Services. We will confirm the date and time of installation at least 24 hours before our attendance to install. Where Services are affected by an Event Outside Our Control see clause 16 for our responsibilities.
4.3. Please note that timescales for Services will vary depending on our availability and your address but we will use our reasonable efforts to provide services within a reasonable time and in any event within 30 days of our acceptance of the Order.
4.4. Before Services are provided, you must ensure that you have complied with all pre-service requirements that we give you notice of (whether written or otherwise), including but not limited to obtaining all permissions and consent needed, providing an appropriate electrical supply, telephone line, internet connection, lifting/replacing flooring/carpets and providing free, unobstructed access to the premises stated in the Survey Report, Quote or Invoice and area of work and provide all reasonable facilities and assistance necessary throughout the Services during our normal working hours.
4.5. We will install & provide services for the System at the premises stated in the Survey Report, Quote or Invoice in accordance with relevant European & British Standards.
4.6. We will require you to be present at the start of the installation to ensure that all equipment locations are correct.
4.7. You and all end users will need to be present at the end of the installation so that our engineer can hand over and demonstrate the system to you and collect any outstanding balances.
4.8. An additional charge will be applicable if we have to re-attend to handover or are required to demonstrate the system again.
4.9. Installation Services will be deemed to be complete on the date at which the system is handed over in a fully working order. Aspects and issues out of our control will incur additional costs. This includes: lack of telephone and/or broadband connections, full duration of installation not possible and training which cannot take place on the day of completion.
4.10. We will use our reasonable efforts to ensure that your installation is completed on continuous ongoing days until completion, however where this is not possible, we will ensure that the next available date is scheduled for completion.
4.11. If a System is part installed with a gap between installation dates, we will aim to leave the System in an operational state or powered down so as not to cause any inconvenience. Unless a specific completion date has been agreed, we cannot be held responsible for any extended duration that the installation may take and for any inconvenience caused from Systems which have not yet been fully installed.
4.12. In the case of Intruder Alarms: detectors, vibration detectors and some electronic devices require a test period of 14 days to establish that the environment is suitable. The Company reserves the right in the event of this test proving unsatisfactory to remove such units and provide a quotation for alternative protection. A test period of 14 days is required to the connection of remote signalling.
4.13. You understand that the Installation will necessitate drilling into various parts of the premises.
4.14. We will use our reasonable efforts to conceal any wiring and equipment installed however, there may be areas in which due to construction, decoration or furnishing of the premises, in our sole discretion that it would be impractical to conceal the wiring and in such cases, wires will be exposed except where leaving wiring exposed could pose as a safety hazard.
4.15. We limit out liability to the patching of holes made during our installation. We cannot be responsible for providing paint or wall coverings to match those colours or coverings existing within your premises.
4.16. Where a hazardous material, substance or environment is discovered whilst providing Services we reserve the right to suspend our Services immediately until such hazard has been remedied and we may charge you additional costs.
4.17. All Systems will be your responsibility from installation/handover provided you have paid the full required price as set out in the Invoice.
4.18. It will be your responsibility to ensure that all areas identified are clear of furniture, packaging, etc during the installation works. Additional costs will apply if a delay in clearing the area(s) results in our engineers having to spend additional time on site outside of what has already been agreed or having to come back at a later stage.
5. PROTECTION OF CONFIDENTIAL INFORMATION
5.1. Each of the parties agrees to keep confidential all information (written or oral) concerning the business and affairs of the other party which it has obtained or received as a result of the discussions leading up to or entering into this Agreement except that which is:
i. trivial or obvious;
ii. in its possession other than as a result of a breach of this clause; or
iii. in the public domain other than as a result of a breach of this clause.
5.2. Each of the parties agrees to take all such steps as may from time to time be necessary to ensure compliance with the provisions of Clause 5.1 above by its employees, agents and sub-contractors.
5.3. Some of our networking products have the ability to monitor the status of a devices connection to the network. This is purely used for maintenance purposes and enable us to provide service and support to the end user.
6. ACCESS TIMES
6.1. We will need full access to your premises to carry out surveys, measurements, installation, testing and servicing.
6.2. All amounts are based on the assumption that our Engineers are given uninterrupted access to your premises during the hours of 0800 and 1800 on consecutive working days (excluding Saturdays, Sundays and Public holidays) for the purpose of installing the system. In the event that additional attendance is required as a result of delay by the customer or his agents, additional charges may be incurred.
6.3. Where we attend the premises stated to provide Services on a date notified in advance and we are unable to obtain the access necessary to provide Services, we may charge you extra installation costs.
6.4. For the purpose of maintenance we may from time to time connect into a network or system remotely to diagnose current or potential issues.
7. PROPERTY AND EQUIPMENT
7.1. The property and equipment shall not pass to the Customer and remains the ownership of the Company until the Company has received the payment of the sums due in regard to the supply and installation of the equipment (and any other sums that are due or owing to the Company) in full, whether or not delivery has been made.
8. WARRANTY
8.1. We guarantee that, on the date of the Equipment and/or Services provided and for a period of 12 months after unless otherwise specified, the System shall be free from material defects and shall meet the specification as detailed in our Survey Report, Quote or Invoice. However, this guarantee does not apply in the circumstances described in clause 8.2.
8.2. This guarantee does not apply to any defect in the System arising from:
i. wilful damage, accident or negligence by you or by any third party, including in the course of any criminal acts by third parties;
ii. failure to comply with your obligations under clause 11;
any failing of the operation, performance or reliability of any wiring, systems, facilities, services or equipment provided or installed by a third party;
iii. any alteration or repair by you or by a third party; and
iv. an Event Outside Our Control.
9. ACKNOWLEDGEMENT OF EXAMINATION
9.1. The Company will give the Customer a reasonable opportunity to inspect the equipment and installation and the Customer will thoroughly inspect the equipment.
10. REPORTING DEFECTS WITH THE SYSTEM
10.1. In the event that there is any defect with the System during the first 12 months from the Installation Date:
i. please contact us and tell us as soon as reasonably possible;
ii. please give us a reasonable opportunity to repair or fix any problem; and
iii. we will use every effort to repair or fix the defect as soon as reasonably practicable.
10.2. Unless otherwise stated in these Terms & Conditions, you will not have to pay for us to repair or fix a defect with the System during the first 12 months from the Installation Date unless the terms show a different warranty period.
11. OUR OBLIGATIONS
11.1. For Systems at your Premises which have not been installed by us and which we have agreed to be responsible for, unless you tell us otherwise, we assume that the System, and the wiring and cabling associated with it, already comply with the relevant standards and are in full working order. Additional charges may apply where upon further investigation, we discover that this is not the case.
12. YOUR OBLIGATIONS
12.1. At all times following the installation of a System you must ensure that you:
i. operate the System in accordance with system literature and all other instructions given by us at any time;
ii. report any defects to us as soon as becoming aware of such defect;
iii. maintain all agreements with any third parties necessary and maintain all services necessary for the operations of the System including but not limited to electricity supply, internet connection and phone line; and
provide us with all necessary information requested for the operations of the System.
12.2. You will:
i. provide an adequate electricity supply installed by an approved electrician to the relevant regulations. This may include but is not limited to a dedicated 3 amp fused unswitched spur for the powering of any Intruder Alarm and/or Access Control systems, and up to a dedicated 30 amp feed for Audio Visual systems.
ii. fit any 240v supplies as requested
iii. ensure that any agents operating the equipment, do so in accordance with the instructions contained within any User Manuals provided.
iv. neither make nor permit others to make any alterations to the system without first consulting with us.
v. ensure that any users of the system comply with the fault reporting procedures agreed with us.
vi. use your best efforts to ensure that your Premises are safe and without risk for our employees and agents to do what we must do under this agreement.
vii. tell us the location of any concealed pipes and wires which may affect the System and the Services we are providing and about any known risks and any hazardous materials at the Premises and notify us as soon as possible if any risks arise or become known after you have placed your order.
viii. not tamper with, alter, interfere or permit any interference with any part of the installation, either personally or through a third party, without prior written permission from the Company. The Company will not be responsible for any equipment that does not form part of the System or that is manufactured or maintained by a third party.
ix. use and operate the System in a reasonable way and in accordance with any instructions (either written or oral) to ensure that the system is able to operate as efficiently as possible.
x. check exact recording periods of CCTV equipment installed as period specified by us is to be used as a guide only. – if applicable
xi. regularly check that there are consistent recordings for CCTV Systems installed. – if applicable
xii. inform us of any structural alteration that may affect coverage of the system as soon as it becomes apparent.
xiii. inform us if the premises on which the system is installed is to be sold. – if a Maintenance and/or Monitoring Package is included.
xiv. acknowledge and agree that for the Company to be able to provide the services the Customer shall:
a) give or procure to be given to the Company and its servants and agents at all reasonable times access to the premises in which the equipment is to be installed;
b) co-operate with the Company as reasonably required;
c) provide to the Company such information and documentation as the Company reasonably requires;
d) instruct the Customer's staff and agents to co-operate and assist the Company where necessary;
xv. The Company may charge the Customer for any additional reasonable costs and expenses incurred by the Company.
xvi. be responsible for the disposal of all packaging from the Equipment supplied by us.
xvii. comply in all material respects with any environmental laws or regulations applicable to the disposal of such packaging.
13. PRICE AND PAYMENT
The price for our Services are set out in the Quote and/or Invoice. These costs include VAT unless stated otherwise. However, if the rate of VAT changes we will adjust the price/charges that you pay accordingly.
13.1. Depending on the Service ordered you must make a deposit payment within 5 days of our acceptance of the Order and in any event before Services go ahead. The full balance is required on satisfactory completion of the Services agreed and hand-over of the system unless otherwise stated, until which time, the System remains our property. We accept payment via Bank Transfer, Cheque or Credit/Debit Card.
13.2. Costs may be revised if:
i. You require the work to be carried out more urgently than agreed
ii. You change the details for the Service to be provided.
iii. Your Premises are in some way unsuitable for the equipment and this was not apparent during the course of telephonic/e-mail conversation or there are circumstances which we should have been made aware or which could not be reasonably detected by us during a site survey.
iv. Any other special circumstances that arise and we were not aware of in writing when supplying our original Quotation arises.
v. You require re-visits of surveyors/installers/technician/engineers for re-configuration of the system unless it’s due to any fault or negligence on our behalf or our contractors.
vi. You require Services to be provided outside of our normal working hours.
vii. Our engineers/technicians/installers are not provided with access to doors, shutters, windows or any other areas where cables and equipment needs to be installed thereby incurring extra cable length.
viii. You require our engineers to work outside of standard practices of Service
13.3. This includes:
i. Underground cabling
ii. Redecoration
iii. Building work
iv. Removal of floor boards, Carpet lifting / laying
v. Erecting poles
vi. Steel trunking /capping
vii. Exceptionally high ceilings
viii. Drilling through walls thicker than 300mm
13.4. We require you to ensure that any outstanding payments can be made immediately on satisfactory completion of any installation. If payment remains outstanding on satisfactory completion of an installation, the system may be removed/powered down until full payment has been made. Once received, an appointment will be made to return the system to full working order. Additional charges may apply.
13.5. If the full payment due fails to clear by the due date for payment, we may charge interest on the overdue amount at 10% a year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after a court judgment.
13.6. Without limiting any other remedies or rights that we may have, if the funds are not paid on the due date and that payment is outstanding for ten Working Days from the due date, we may cancel or suspend our performance of the Services, until appropriate payment has been made.
13.7. Where the installation of the System continues for more than one month due to your delay, we reserve the right to submit progress or interim requests for payment of the Initial Charges based on the amount of work completed.
13.8. Where we have been unable to complete the next/final stage of installation within 3 months from our last physical time on site because of a delay, due to no fault of our own, 50% of the remaining balance will be due. This will continue until work is completed and all outstanding balances have been paid in full.
13.9. Where our Services and charges are prepared to comply with a tender or Specification prepared by you or by a third party, or to comply with a relevant standard, our Specification and charges will have been prepared in good faith, relying on our interpretation of the tender, Specification or standard. If you seek to impose a different interpretation, which affects our Specification, we reserve the right to increase our charges.
13.10.There may be charges for site attendance within 12 months from the date of Installation for any repairs and/or replacements. Charges may be refunded in full if repairs and/or replacements relate to faulty equipment or bad workmanship.
13.11.There will be additional charges for site attendance after 12 months from the date of Installation for any repairs and/or replacements unless you have signed up to our Maintenance Agreement.
13.12.You will be responsible for any subsequent Third Party Charges applied by either the manufacturer, supplier, Alarm Receiving Centre or authorities.
14. OUR LIABILITY
14.1. Please pay particular attention to this clause 14 as it contains restrictions on our liability if you make a claim.
14.2. Subject to the rest of this clause 14, if we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms & Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable or any loss or damage you suffer that is a result of your own or a third party’s actions.
14.3. Our maximum total liability for any loss or damage, including all costs and expenses, under or connection with the Order and these Terms & Conditions is limited to £20,000.
14.4. The installation of a security System does not guarantee that you will not be the victim of crime and will not suffer loss or damage to any property. We therefore do not guarantee that you will not suffer such losses or that the security System will prevent such loss or damage or that it will not be circumvented, bypassed or disabled. We therefore exclude all such loss suffered which is not as a direct result of our breach of these Terms & Conditions or negligence. It is your responsibility to operate the security System properly in accordance with the system literature and to ensure the security of your premises and property.
14.5. If work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge.
14.6. We do not accept liability for any loss or damage to property suffered as a result of your failure to comply with your obligations as set out in clause 12.
14.7. We do not accept any liability for the operation, performance or reliability of any wiring, systems, facilities, services or equipment provided or installed by a third party or the impact of such wiring, systems, facilities and services or equipment on the operation, performance or reliability of the System.
14.8. We do not accept liability for any delay, loss or damage to property as a result of an Event Outside Our Control.
14.9. We are unable to accept liability for any unexpected/unforeseen issues arising from system failures or faulty products. This includes Hard Drive failure, Power loss and faulty equipment.
14.10.Following any Services provided, we will make good any damage to your property caused by us in the course of providing Services beyond all reasonable damage necessary for the installation or which could reasonably be avoided. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation.
14.11.In the event that you are not fully happy with the Services provided by us, we must be given a reasonable amount of time to make right any problems with the installation or services provided.
14.12.If the Services provided cannot be made right, a full refund will be provided for any payments made. All equipment supplied will be returned to us.
14.13.We agree to sell the System to you and to install it at the address provided on the front page of the Survey Report, Quotation or Invoice, in accordance with these Terms and Conditions.
14.14.We agree to complete the installation and hand it over in satisfactory working order. We will always seek your agreement should changes to the Survey Report, quote or invoice be required during installation.
14.15.When we commission the installation and you are satisfied with the installation, a ‘Completion Certificate’ will be issued.
i. Nothing in this clause 14 shall exclude or limit in any way our liability for:
death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
ii. fraud or fraudulent misrepresentation;
iii. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
iv. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
14.16.While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether expressed or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
14.17.We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
14.18.To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
14.19.We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
i. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
ii. any loss of goodwill or reputation; or
iii. any special or indirect losses
iv. suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
14.20.Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
15. SYSTEM TAKEOVERS
15.1. For Systems at your Premises which have not been installed by us and which we have agreed to be responsible for, unless you tell us otherwise, we assume that the System, and the wiring and cabling associated with it, already comply with the relevant standards and are in full working order. Additional charges may apply based on time and material where upon further investigation, we discover that this is not the case and are required to provide work to bring any equipment, wiring and/or cabling up to an acceptable standard.
16. EVENTS OUTSIDE OUR CONTROL
16.1. We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms & Conditions that is caused by an Event Outside Our Control.
16.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, lightning, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or power supply.
16.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms & Conditions:
i. we will give you written notice; and
ii. our obligations under these Terms & Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our estimated date to provide Services, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16.4. You may cancel your contract if an Event Outside Our Control takes place and you no longer wish us to provide Services. Please see your cancellation rights under clause 16. We will only cancel your contract if the Event Outside Our Control continues for longer than 30 days in accordance with our cancellation rights in clause 17.
17. YOUR RIGHTS TO CANCEL BEFORE INSTALLATION
17.1. Before we provide any services, you have the following rights to cancel the Order:
i. you may cancel the Order within 14 days of when we notify you of our acceptance of the Order by contacting us provided that Services have not been supplied. We will confirm your cancellation in writing to you.
if you cancel the Order under clause 17.1i and you have made any payment in advance for Services we will refund these amounts to you.
You may cancel the Order for services after the expiry of 14 days from when we notify you of our acceptance of the Order by contacting us provided that Services have not been supplied.
ii. if you cancel the Order under clauses 17.1i and you have made any payment in advance for Services and/or Products we will refund these amounts to you minus any costs we have reasonably incurred in starting to fulfil the Order. If no refund is due to you, these costs will be invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled the Order because of our failure to comply with these Terms & Conditions (except where we have been affected by an Event Outside Our Control), you do not have to make any such payment to us.
17.2. If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the Company. The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is received.
17.3. In the event of any abortive site visits due to unreadiness, misinformation and/or instructions from the Customer or third parties working on behalf of the Customer, a charge of £425+VAT per day will be made and this will be due within 14 days of the date of that invoice. Additional charges will be levied for travelling costs and weekend callouts at an agreed rate.
18. OUR RIGHTS TO CANCEL
18.1. Before we provide any Services, we have the following rights to cancel the Order:
we may have to cancel the Order for Services at any time following our
i. acceptance of the Order and before Services have been supplied due to an Event Outside Our Control or the unavailability of stock. We will promptly contact you if this happens.
ii. if we cancel the Order under clause 18.1i and you have made any payment in advance for Services we will refund these amounts to you.
18.2. We may cancel your contract at any time with immediate effect by giving you written notice if you do not pay us when you are supposed to as set out in clause 13.2. This does not affect our right to charge you interest under clause 13.7.
18.3. We may cancel our Services if you are in breach of any significant provision (material breach) of this Agreement.
19. DISTANCE SELLING REGULATIONS
19.1. This section relates to you if you are purchasing as a “consumer” (as defined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) and your order is being placed exclusively by means of distance communication (i.e. not as a follow up to a face to face meeting, etc). The Regulations cover goods, services and digital content sold by means of internet, digital television, mail order (including catalogues) and phone communications.
19.2. By proceeding with your order, you confirm that you have received clear and legible information (prior information) in relation to the goods/services prior to the order being placed (this can be obtained on [our website] or manufacturers’ website). A full list of the prior information required can be found in Schedule 2 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
19.3. As soon as the contract has been entered into we will send you confirmation in writing or by some other durable medium (for example by email). The confirmation will reiterate the prior information agreed, including notice of the right to cancel and who is to bear the cost of doing so (if applicable), what guarantees or after sale services there are, and how an open-ended service contract may be terminated.
19.4. Under the terms of the above regulations, you have the right to cancel the contract within 14 days calendar days from the day after receipt of the goods, also known as the “cooling off period” (excluding certain items such as customised/modified/bespoke products and computer software which has been unsealed, etc).
19.5. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may also use the template cancellation form as out in part B of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. You must return the goods in perfect condition (including all packaging, instructions, etc.) and return them to us at your own risk and expense, or alternatively we will arrange collection and deduct the cost from any refund due.
19.6. If you cancel this contract, we will reimburse to you all payments received from you (excluding the costs of delivery). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:
19.6.1. 14 days after the date we receive back from you any goods supplied, or
19.6.2. (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
19.6.3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement.
20. REMOTE VIEWING & IT ISSUES
20.1. If we are unable to configure remote viewing/IT Connection on the day of the scheduled installation due to ISP unavailability, dynamic IP address, lack of details such as Router IP address, user name & password, unavailable devices or other issues related to your Internet or router then further charges will apply to revisit to complete the setup.
20.2. We cannot be held liable for issues such as change of router, failed connection, change of Internet service provider, re-set of router, loss of settings on the router (dynamic IP address) or a new operating system.
21. STOCK AND OBSTRUCTIONS
21.1. It is your responsibility to remove or to arrange for the removal of all stock and obstructions that may impede the engineers during installation work.
22. PREPARED FROM DRAWINGS
22.1. If Services are provided based on drawings or instructions, we reserve the right to amend and quote additional costs if site conditions prove to differ from those on which the quote or invoice is based.
23. BUILDERS’ ALTERATIONS
23.1. If Services are being provided before any fitters or builder’s alterations have taken place, any alterations involving extra work will be additionally charged for.
24. HEALTH AND SAFETY
24.1. We shall ensure the continuance of safety at any site at which work is being carried out by us. This shall include the provision and use of necessary signing and guarding and protection of the public. On the highway guarding and signing shall be in accordance with the Road and Street Works Act 1990. We shall comply with the Health and Safety at Work etc. (1974). In particular, undertake, and ensure that all employees and sub-contractors comply with this clause. Attention is particularly directed to the Electricity at Work Regulations 1989 which shall be strictly observed.
24.2. In order that our attending engineers may be pre-warned, you are required to state any site hazards which may exist together with details of your control measures. Examples include, chemicals, dangerous structure, dangerous machinery, toxic materials, asbestos etc. If site hazards and risk circumstances change, you must advise us immediately.
25. CONTACT DETAILS
25.1. We are a company registered in England and Wales. Our company registration number is 08187486 and our registered office is at 9-11 Gunnery Terrace, The Royal Arsenal, London, SE18 6SW, UK.
25.2. If you have any questions or if you have any complaints or wish to report a defect with the Services provide, please contact us quoting your customer ID number or project reference. You can contact us by telephoning our customer service team at 020 8301 8387 or by e-mailing us at service@epicintegration.com.
25.3. If you wish to contact us in writing, or if any clause in these Terms & Conditions requires you to give us written notice, you can send this to us by e-mail, by hand, or by post to our customer service team at info@epicintegration.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you written notice, we will do so by e-mail, by hand, or by pre-paid post to the address/email address you provide to us in the Order.
25.4. If you change any of your contact details, please let us know as soon as possible.
26. USE OF YOUR PERSONAL DATA
26.1. We will use the personal data you provide to us to:
i. provide our Services;
ii. process your payment for such Services; and
iii. inform you about similar products services that we provide, but you may stop receiving these at any time by contacting us.
26.2. You agree that we may pass your personal data to credit reference agencies and that they may keep a record of any search that they do.
27. PHOTOGRAPHY
27.1. You agree to allow us to take high quality photographs of the Services we have carried out and of the Equipment we have used in your Premises.
27.2. If necessary the photographs will be edited so as not to disclose the name or location of the Premises.
27.3. By agreeing to clause 26.1 you allow us to use, display and publish the photographs in any commercial, personal, non-profit or editorial projects involving advertising, print media, website publication or social media outlet as chosen by us.
27.4. Epic Integration remains the sole owner of the image’s copyright.
28. PROTECTION OF CONFIDENTIAL INFORMATION
28.1. Each of the parties agrees to keep confidential all information (written or oral) concerning the business and affairs of the other party which it has obtained or received as a result of the discussions leading up to or entering into this Agreement except that which is:
i. Trivial or obvious;
ii. in its possession other than as a result of a breach of this clause; or
iii. in the public domain other than as a result of a breach of this clause.
28.2. Each of the parties agrees to take all such steps as may from time to time be necessary to ensure compliance with the provisions of Clause 27.1 above by its employees, agents and sub-contractors.
29. TRANSFERRING RIGHTS AND OBLIGATIONS
29.1. We may transfer our rights and obligations under these Terms & Conditions to another organisation, and we will always give you written notice if this happens, but this will not affect your rights or our obligations under these Terms & Conditions.
29.2. You may only transfer your rights or your obligations under these Terms & Conditions to another person if we consent in writing. Should you wish to transfer your rights or obligations under these Terms & Conditions (for example if you are moving house) please contact us in accordance with clause 24.
30. DISCRIMINATION
30.1. We shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act, 1976, the Equal Pay Act, 1970 and the Sex Discrimination Act, 1975 and any statutory modifications and re-enactments thereof.
30.2. You should give consideration to your responsibilities relating to the Disability Discrimination Act. You need to advise us if you have any specific requirement relating to the act.
31. OTHER IMPORTANT TERMS AND CONDITIONS
31.1. Your contract is between you and us. No other person shall have any rights to enforce any of its terms.
31.2. Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
31.3. If we agree any changes to the terms of these Terms & Conditions, these changes must be in writing and signed by one of our authorised representatives.
31.4. If we fail to insist that you perform any of your obligations under these Terms & Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
31.5. These Terms & Conditions are governed by the law of England and Wales. You and we both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
32. COMPLAINTS
32.1. We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied. To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
32.2. In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call us on 020 8301 8387, email us at service@epicintegration.com.
32.3. We aim to respond within 2 working days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
33. FURTHER ADVICE
33.1. As a consumer, you have legal rights in relation to products that are faulty or services which are not carried out with reasonable skill and care or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
33.2. Please note that installation of a security System does not remove the need for you to insure your property.
33.3. The Terms and Conditions given in this Contract do not affect your rights under the Sale of Goods Act or Unfair Contract Terms Act.
34. ADDITIONAL GUIDANCE FOR CUSTOMERS
34.1. Epic Integration is enrolled as a CEDIA approved installer. A certificate of status and competence can be issued upon completion of the installation if requested. Additional charges will apply.
35. FORCE MAJEURE
35.1. Any failure by the EITHER PARTY to fulfil any of its obligations under the terms of this Contract due to reasons beyond its control shall not be considered a breach of this Contract.
For any queries regarding our service, please contact us via email, phone or post.
Our company details are: Epic Integration, | 0208 301 8387 | sales@epicintegration.com service@epicintegration.com
