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Schedule of Services – Keyholding & Alarm Response
For the duration of the Agreement the Company w ill provide the following Services in accordance with the recommendations outlined in BS 7984 and BS 7858 in respect of the Premises:
RMR 6101 CONTROLLED DOCUMENT Issue 8 (11/20)
Terms and Conditions
1.1. ‘Customer’ means the person w ho buys or agrees to buy the Goods from the Company
1.2. ‘Conditions’ means the terms and conditions of Service set out in this document and any special terms and conditions agreed in w riting by the Company
1.3. ‘Goods’ means the service and/or attendance visit w hich the Customer agrees to buy from the Company 1.4. ‘Price’ means the price of the Goods excluding VAT or the cost of the Attendance Visit
1.5. ‘The Company’ means the person w hose name appears as ‘The Company’ overleaf or as the Letter heading 1.6. ‘The Premises’ means the Site Address as defined overleaf
2.1. These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer and any Service carried out by the Company for the Customer to the exclusion of all other terms and conditions including any terms and conditions w hich the Customer may purport to apply under any purchase order, confirmation of order, or similar document
2.2. All orders for Goods or Service shall be deemed to be an offer by the Customer to purchase Goods or Service pursuant to these Conditions 2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions
2.4. Any variation to these Conditions (including any special terms and conditions agreed betw een the parties) shall be inapplicable unless confirmed in w riting by the Company
2.5. We reserve the right to use a SIA Approved service partner should the service address not fall w ithin a reasonable radius of our existing operating area
2.6. The annual retainer applies for each individual alarm that can be set, unset and activated independently of any other alarms 3. The Price and Payment
3.1 The Price shall be the Company’s quoted price or the price set out overleaf w hich will be held for 30 days from the date of quotation. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Company’s invoice
3.2 Interest on overdue invoices shall accrue from the date w hen payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank plc base rate from time to time in force and shall accrue at such a rate after as w ell as before any judgement
3.3 After the first twelve calendar months the Company w ill be entitled to increase its charges by 3% and at every anniversary date thereafter. Any increase above 3% w ould be subject to thirty days’ notice and agreement by both the Customer and the Company
3.4 The Keyholding Retainer w ill be paid annually in advance, and all subsequent call-out and attendance charges w ill be payable on receipt of the relevant invoice
3.5 Cancellation charges: if the service is cancelled with less than 48 hours’ notice of the commencement date a charge of 50% of the total charge for the period w ill be made
4.1. The description of the Goods shall be as set out in the Company’s Schedule of Services or Agreement
5.1. The Goods shall be supplied in accordance w ith the description contained in the Company’s Schedule of Services in accordance w ith all applicable British Standards w hich relate specifically to the Goods
5.2. The Company may from time to time make changes in the Schedule of Services which are required to comply w ith any applicable safety or statutory requirements or w hich do not materially affect the quality or fitness for purpose of the Goods
6.1. The Company w arrants that the Goods w ill at the time of delivery correspond to the description given by the Company. Except w here the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other w arranties, conditions or terms relating to fitness for purpose, satisfactory quality or condition of the Goods and w hether implied by statute or common law or otherwise are excluded
6.2. In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed £1,000,000 (one million pounds)
RMR 6101 CONTROLLED DOCUMENT Issue 8 (11/20)
6.3. The Customer is advised that the Keyholding and Mobile Patrol Services provided by the Company are shared w ith other Customers and as such may be subject to delays if employees of the Company are engaged in dealing w ith incidents at other Customer’s premis es
The Customer:
7.1. shall give the Company access to the Customer’s premises at all reasonable times in order to carry out the Service;
7.2. shall ensure that the Premises constitute a safe working environment and, without prejudice to the generality of that description, the premises are free from hazards due to defective structure or means of access, or the presence of obnoxious, toxic, combustible, explosive, or radioactive substances;
7.3. shall identify and consult w ith the Company on any specific health and safety issues that are likely to arise during the period of the contract; 7.4. shall ensure that the Company holds at all times a current telephone number for the Customer or nominated representative; 7.5. shall ensure that valid liability insurance is in force in respect of the Premises
8.1. This Agreement shall commence on the date specified overleaf and shall continue for the minimum period and thereafter until terminated as set out in Paragraph 9 below
8.2. The minimum periodshall be one year from the commencement date
9.1. the customer commits a material breach of its obligations under these Conditions; or
9.2. fails to make payments due to the Company w ithin agreed credit terms; and
9.3. in any such case fails to remedy that breach or make payment w ithin seven days of posting by recorded delivery of a w ritten notice by the Company, the Company may, at its discretion, suspend all Services to the Customer
9.4. If the Customer fails to remedy the breach or make payment w ithin 30 days of the date of notice served under Condition 9.5. the Company may terminate all services to the Customer under these Conditions on such terms as it may think fit
9.6. The services shall remain in force for a minimum period of tw elve months and thereafter from year to year unless or until either party terminates the services by one month’s previous notice in w riting to the other expiring on the first anniversary of the date of commencement recorded in the contract or any succeeding anniversary date thereafter
10.1.This contract is subject to the law s of England & Wales
10.2.All disputes arising out of this contract shall be subject to the jurisdiction of the courts of England & Wales 11. Headings
11.1.All headings are for ease of reference only and shall not affect the construction of this contract
12.1.Any provision of this contract w hich is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provisions of this contract
13.1.Waiver or forbearance by the Company (w hether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in future
14.1.Neither party shall be liable for any default due to any act of God, w ar, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party
14.2.Where the Company deems it necessary to telephone one of the emergency contacts provided by the customer no more than one call w ill be made to each. Where the emergency contact/s is / are not available in person and there is a message recording facility on their telephone line, it shall be sufficient to relay information to that persons answering machine. An email w ill also be sent to the w e have as the main point of contact.
RMR 6101 CONTROLLED DOCUMENT Issue 8 (11/20)