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Terms & Conditions

Overview:

Definitions: The below is based on ‘WFP’ being attributed to Wire-Free Protection Limited (trading as WFP Fire & Security), and the ‘Buyer’ being attributed to the person, site or organisation to whom the goods and services are sold. ‘Contract’ refers to the agreement of service (i.e. the Service Level Agreement) between WFP and the Buyer.

These Terms and Conditions were revised in July 2020.

General:

1. Wire-Free Protection Limited, trading as WFP Fire & Security, is registered in England. The Company Registration Number is 4974160. The registered office is: Unit 8, Oaklands Farm Estate, Goatsmoor Lane, Stock, Essex, CM4 9RS.

2. WFP’s primary goal is to offer excellent customer service and long-term progressive support to our customers. These terms and conditions supersede any former terms and conditions, are subject to review and may change at any time during an existing contract with WFP. You will be notified in writing if any changes occur along with the date they will come into effect.

3. English Law shall govern this contract and the parties hereto shall submit to the sole jurisdiction of the English Courts.

4. These terms and conditions are applicable to all agreements, arrangements, and contracts entered into with WFP, whether express or implied, for the provision of services and/or goods.

5. Failure or delay by WFP to enforce any provision of these terms and conditions will not be deemed as a waiver of WFP’s rights under these terms.

6. Each provision of these terms and conditions is separate and independent. If any provision, or part forming a provision, is found in a court of law to be void, unenforceable or illegal, it shall to that extent no longer form part of these terms and conditions, but the remaining part of that provision and all other terms will still stand.

7. A Buyer’s signed acceptance of the contract or placing of a purchase order constitutes an agreement to these terms and conditions. Putting into operation the products or services implies the full acceptance of these terms and conditions thereof. The acceptance of these terms and conditions between the Buyer and WFP shall not be construed as the start or creation of a partnership, joint venture, agency or otherwise between the parties in question.

8. If a Buyer does not fulfil one or more of its obligations in these terms, does not fulfil them adequately, requests moratorium, is insolvent or unable to pay debts, or if the Buyer demonstrates any event or circumstance which is analogous to any of the aforementioned in any jurisdiction, WFP has the right to suspend the implementation of the agreement/contract, or to rescind the agreement/contract, either in part or in whole, and without prior notice; always reserving any rights to which it is entitled with respect to amounts due to WFP, compensation for costs, damage and interest.

9. From the date of supply of these terms and conditions all instructions given, or actions taken by the Buyer in relation to the proposed contract agreed, will confirm the Buyer’s acceptance and agreement to these terms and conditions.

10. The Buyer’s instructions throughout the course of the agreement will constitute continued acceptance and agreement to these terms and conditions.

11. WFP is entitled to rely upon all and any representations, warranties, undertakings, confirmations or information provided by the Buyer at any time either before or during the term of the contract without undertaking any further investigation or enquiry. If the Buyer finds that any information provided is untrue or inaccurate, they must confirm this to WFP as soon as possible for WFP’s consideration as to the continued viability of the contract.

Agreement to Proceed & Purchase Orders:

12. Unless expressly agreed in writing by WFP, no goods or services shall be supplied by WFP to the Buyer.

13. WFP will require in writing both the quote number, including the revision number, and quote value from the Buyer, along with expressed approval or agreement to proceed before goods or services are to be supplied by WFP to the Buyer. Any such contract, or supply of goods or services, found not to have written evidence of an agreement with a specified quote number and quote value relating to the goods or services in question, is at WFP’s discretion to deem null and void.

Pricing & Quotes:

14. Prices quoted by WFP to the Buyer will be valid for 60 days from the date of the initial quote. If a quote has been revised or reissued, the quote will be valid for 60 days following the new reissued date.

15. WFP reserves the right to increase prices at any time.

16. In the event that the Buyer would like to proceed with a quote that has passed the validity period of 60 days, the Buyer must accept that the cost may not be the same as on the original quote. In this case, a new or revised quote may be issued for acceptance by the Buyer before proceeding.

17. All quotes issued by WFP are subject to a credit check of the Buyer, and WFP reserves the right to demand full or partial payment up front for goods or services if, in WFP’s sole opinion, the Buyer’s credit rating deems them as being medium or high risk. WFP also reserves the right to claim payment in part or in full in advance where there is doubt surrounding their ability to pay, such as but not limited to bankruptcy, a low credit score or a previous inability to have paid former debts to WFP.

18. Quantities listed within our quotation form the basis of the offer and if differences come to light during the period of a contract or works carried out by WFP, WFP reserves the right to alter the contract price and reissue it to the Buyer at the point of discovering the discrepancy before continuing to fulfil the specifications of the contract or works.

19. If the Buyer does not accept the adjusted price issued by WFP as a result of clause 18, WFP may, at their discretion, terminate the contract and issue an invoice for all work undertaken to the point of cancellation.

20. All quotation costs are based on the assumption that works are to be carried out during normal working hours (08:00–17:00, Monday to Friday and excluding Bank Holidays) unless explicitly detailed otherwise within the quotation and agreed between Buyer and WFP.

21. All quotation costs do not include any discount, liquidated damages, performance bonds or retentions, unless expressly stated.

22. Quotations will be priced on a ‘No Survey’, ‘Visual Survey’ or ‘Technical Survey’ basis, depending on the complexity of the service being quoted, whether or not a design is needed, and the amount of information WFP has prior to the quotation request.

22.1 ‘No Survey’ stipulates that the quote and proposal are based on the information provided by the customer, and assumes it is both accurate and up-to-date with requirements. WFP is entitled to rely solely upon the representations made by the Buyer on a ‘No Survey’ contract and shall not be obligated to undertake any investigation, enquiry or assessment. As a result, the price is subject to change should additional time or materials be required.

22.2 ‘Visual Survey’ indicates a quote or proposal is based upon a visual survey carried out in person by a surveyor or WFP appointed operative, who has assumed that the system is in good working order and has capacity to facilitate any additional parts or changes to the system, if necessary. As a consequence, the quoted price is fixed based on the information that a non-invasive/non-technical survey has obtained. Specifically, but not intended as an exhaustive list, this will not include disassembling parts of the systems, ceilings or floors in order to ascertain cable routes or specific types of cables; and, in addition to this, the system’s ability to cope with any additional equipment, if applicable. Should any additional time or materials be required an additional or revised cost will be submitted.

22.2.1 Visual Surveys may be chargeable, depending on the nature of the work or service required, or the location of the work or service required.

22.3 ‘Technical Survey’ dictates that a proposal is based, or to be based upon, a technical survey carried out by an engineer, surveyor or WFP appointed operative. This is a chargeable visit, which covers the cost of an on-site attendance for the relevant period of time and assumes that the system(s) will be available for full testing during the period of time that the quotation covers. If WFP’s operative is prevented from carrying out the parts of the survey that will be required for providing an accurate costing of the job, then another technical survey will need to be arranged and the cost of the original visit will still apply, in addition to the cost of the secondary technical survey.

22.3.1 All Technical Surveys (whether or not they include a system design by WFP) are chargeable at WFP’s current rate. The cost of these surveys covers WFP’s costs for travel, time and expertise in surveying and any subsequent research, third-party communications, administration and drawings/designs.

23. In the event a WFP operative has had an aborted visit for a Visual or Technical Survey, the cost of that aborted visit will not be refunded or deducted from the cost of the final price of the installation.

24. A WFP Engineer’s visit which is part of the customer’s routine maintenance or testing cannot be counted as a Visual or Technical Survey. Furthermore, any visits which are called ‘Investigations’, such as to investigate a fault, and are not referred to in writing or otherwise as a ‘survey’, do not fall within the remit or definition of a survey.

Maintenance Contracts:

25. Maintenance service contracts will operate on a rolling annual basis, with these terms and conditions applying for each and every annual agreement.

26. If the Buyer has opted for a 3- or 5-year fixed contract, these terms and conditions may be updated, amended, adjusted, or replaced from time to time. The 3- or 5-year fixed contract option is normally only available after the purchaser has had a contract with WFP for at least 12 consecutive months.

27. WFP will review the contract value annually to take into account cost increases and other inflationary costs incurred. Price reviews will be sent to the Buyer prior to the renewal date and the contract will be automatically renewed on the anniversary date of the contract date for a further period of 12 months.

28. If the Buyer does not wish to renew their contract, they must express this in writing at least 3 months prior to the date of renewal with the period of any such notice ending on the date of renewal in any year of the contract.

29. Buyers holding a monitoring contract with WFP (keyholder and/or emergency response upon an alarm’s activation) must also have an existing maintenance contract in place with WFP for the monitored system, unless otherwise agreed with WFP.

29.1 Should a maintenance contract expire with monitoring still in place, WFP reserves the right to cease monitoring for the system immediately and without notice.

29.2 If the Buyer expresses they wish to cancel or not renew their monitoring with WFP, they must express this in writing. WFP’s notice period will be as per the Alarm Receiving Centre’s (ARC) policy and at least 3 months prior to the date of renewal with the period of any such notice ending on the date of renewal in any year of the contract, as per the terms of the buyer’s maintenance contract. Where maintenance and monitoring renewal dates differ and do not run in conjunction with one another, notice in writing must be provided for the cancellation of monitoring alone at least 3 months prior to the monitoring renewal date.

30. If the Buyer expresses the desire not to renew their contract, the cancellation process will ensue, but any outstanding payments due to WFP under, or arising out of, the contract will still be due and payable.

30.1 It will be at WFP’s discretion whether to demand payment for the year in which the contract ends only, or for the full cost and duration of the 3- or 5-year contract where the Buyer wished to cancel their contract during the fixed term.

31. If the building relating to the contract is sold, decommissioned, demolished, abandoned or deemed uninhabitable, the contract between the Buyer and WFP will be immediately terminated and will not renew, however any outstanding payments still owed to WFP by the Buyer will remain payable in full and shall not pass to any subsequent owner or occupier of the building or site, unless expressly agreed in writing by WFP.

32. When taking over a system for maintenance, WFP’s proposal is based upon the customer providing all system codes for the equipment – most importantly, the engineer’s code. Should this not be provided, WFP reserves the right to charge for any additional time taken, equipment, or resources used, as a result of this lack of information.

33. Acts of nature, power spikes, water leaks, damage, theft, vandalism, wilful misuse of the product(s) or system(s), and the effects thereof, are excluded from any contract cover; any replacements required as a result of such consequences, including the replacement of consumables, will be subject to a Visual or Technical Survey and will be quoted for separately.

34. This contract does not count as insurance cover and is designed as a service level agreement accounting for the potential of replacement parts and inclusive call-outs depending on the chosen level of service. The Buyer should maintain their insurance in addition to this contract. WFP’s levels of service include:

34.1 Basic: Statutory maintenance carried out over the minimum number of legally required visits to be booked with WFP. All additional visits and call-outs will be charged at WFP’s standard rate, and parts or labour required for any remedial, replacement, upgrade or new installation work will be quoted for separately and are not incorporated within your maintenance contract costs.

34.2 Basic+: In addition to Basic cover, this level includes the cost of the labour element of call-outs, providing they take place during standard working hours (08:00–17:00, Monday to Friday and excluding Bank Holidays), and also includes the option of a pre-booked 15-minute training session for each maintenance visit. The training option is only available when pre-booked with WFP prior to the maintenance visit and it is the Buyer’s responsibility to redeem the training upon each maintenance visit. WFP does not accept responsibility if the Buyer fails to redeem the optional training, and this cannot be exchanged or reimbursed for any monetary value.

34.2.1 If the Buyer has not agreed the date of their scheduled maintenance visits with WFP within 30 days of the scheduled month, the Buyer will still be charged for the visit(s), and all subsequent call-outs will be charged at WFP’s standard rates, including labour, until the scheduled maintenance visit has been completed. If the delay in scheduling a visit is due to WFP’s lack of availability, the Buyer will not be charged.

34.2.2 If the Buyer’s system is found to be obsolete by WFP during a scheduled maintenance visit, all call-outs will be charged at WFP’s standard rates, including labour, until the system is replaced or repaired to WFP’s discretionary standards.

34.3 Premium: As well as Basic and Basic+ cover, this includes the cost of all parts from the existing system which are used (excluding consumable parts, such as batteries).

34.4 Premium+: In addition to all of the above levels of cover, Premium+ includes out-of-hours call-outs plus all parts, including consumables, such as batteries.

34.4.1 For Premium+ level contracts, a Dilapidation Report will be provided to the Buyer following the first maintenance visit; should this identify equipment that is not functional, obsolete or beyond economical repair, then this part will be excluded from any level of service and inclusive costs of upkeep, as specified within the Premium+ service level contract, until such time that it has been replaced or repaired. Similarly, any part that is outside of its manufacturer’s replace-by date will be excluded from the contract, unless specifically included within our proposal.

34.4.2 Extinguisher replacements are excluded from all Premium+ service level contracts.

34.4.3 Premium+ level contracts do not include the replacement of parts believed to have been intentionally damaged or by reason of negligence by the user, their agent or a third-party, with the intention of obtaining a new like-for-like replacement at no extra cost. If such intent is suspected, WFP retains the right to charge for the replacement of this part, refuse to attend and provide a replacement, or terminate the contract immediately.

34.4.4 Premium+ level contracts do not include the replacements of systems in their entirety, only parts comprising the system, excluding all cabling. This level of cover also excludes software or hardware upgrades.

34.4.5 Premium+ level contracts only include the replacement of equipment or parts where the original product is available at market prices from more than one source, and not obsolete or available on a repair-only basis.

35. For the avoidance of doubt, all conditions of the lower level services will apply in full to any upgraded or higher-level service which incorporates the lower level service package.

36. Maintenance customers may upgrade or downgrade to any of the aforementioned packages upon or before the yearly anniversary of their contract, but any such change must be agreed in writing by the Buyer and WFP. Any upgrades will be subject to an additional quote and cost due to the reasonable increase in service and/or equipment provided. Any downgrades resulting in a lower price than the existing package will not result in a cash exchange or free exchange of parts/services but will be applied to the customer’s WFP account for deduction following future maintenance visits only.

37. For maintenance packages where call-outs are included within the cost on any basis, WFP reserves the right to enact their ‘Reasonable Use’ policy. WFP reviews call-outs on an ongoing basis for quality control and to ensure that any existing issues for customers are being resolved. During and/or following visits, engineers or WFP appointed operatives are likely to make recommendations (either verbally or written) for system functionality, efficiency and/or compliance. Where WFP considers there to be an excessive number of call-outs within any given period to fix a pre-existing issue, where a solution has been provided in recommendations following previous visits (a call-out, maintenance service, investigative visit or otherwise), and reasonable action has not been taken on WFP’s advice, WFP reserves the right to commence charging for call-out attendance and/or backdate any charges for previous call-out attendances following the aforementioned recommendation, revoking the Buyer’s right to inclusive call-outs as per their maintenance package, until the reasonable action has been carried out. The events detailed are not intended as an exhaustive list and WFP reserves the right to consider what usage practices fall outside the scope of the Reasonable Use policy.

38. Existing maintenance customers can apply for a portable contract if they move premises. This is subject to a Visual Survey of the new premises, whereby the cost for that year will be compared to the existing contract cost of the old premises, and any cost deductions or additions will be issued in a new quote. Any deductions will be added to a maintenance customer’s account with WFP and not refunded or exchanged for parts or services.

39. If, after a maintenance visit, WFP fails to receive payment from the Buyer within the agreed timeframe (typically 30 days from receipt of invoice) then WFP will place the maintenance contract on hold until such payment is received, and no further maintenance visits or call-outs, or works of any nature, will be carried out for any sites under the same Buyer until such time payment is received.

40. All maintenance contracts are applicable to the site in question in its condition at which the maintenance contract was issued or the start date of the maintenance contract. If any building modifications have taken place since the maintenance contract start date, and the maintenance contract includes an alarm maintenance service (either fire or security or both), then the Buyer will be subject to a Visual or Technical Survey. It is the Buyer’s responsibility to inform WFP of any building changes, which could affect the functionality and/or compliance of the system in question.

41. Following a Visual or Technical Survey, WFP will be entitled to request the Buyer obtain a Fire Risk Assessment in relation to a fire alarm to establish if the level of fire detection and any other related services are adequate for the building in its new state following any addition or alteration. WFP accepts no responsibility for accuracy, adequacy, or validity of any Fire Risk Assessment prepared and will be entitled to rely upon the advice contained within any Fire Risk Assessment without question or further investigation.

42. In relation to a security alarm, following the Visual or Technical Survey, WFP will be entitled to request the Buyer obtain a formal risk assessment to establish the correct level of detection required and whether the system will be adequate for the building in its new state following any addition or alteration. WFP accepts no responsibility for accuracy, adequacy, or validity of any risk assessment and will be entitled to rely upon the advice contained within any such risk assessment without question or further investigation. WFP may conduct a risk assessment upon instruction by the Buyer and this will be charged for accordingly.

43. The additional Visual or Technical Survey in relation to clauses 41 and 42 will be charged for at WFP’s standard rates.

44. Failure to inform WFP of any building changes with a fire or security alarm maintenance contract in place can result in immediate contract termination by WFP. Furthermore, failure to adjust your current system(s) in line with your building’s new specifications (for example but not limited to, leaving an area without detection where it is warranted) may leave your building non-compliant with British Standards. WFP is not liable for any such changes which leave the Buyer’s premises non-compliant with legislative or insurance requirements.

45. If building modifications have occurred, WFP has been notified, and a Visual or Technical Survey and any risk assessment has taken place, which determines further products or systems are required, those additional products and systems will be subject to a separate quotation, which will not form part of the maintenance service contract. The existing maintenance contract may need to be revised by WFP and reissued to the Buyer to account for the additional costs of additional parts, products or systems requiring maintenance.

46. If WFP does not receive notice of any building changes or alterations, they are entitled to presume that the building remains in its state and condition as at the start date of the maintenance contract, and any liability on the part of WFP will be strictly limited to works required or undertaken relating to the premises in its original condition.

47. WFP will not be liable for any breach in the premises’ compliance with British Standards in its current state, or following a building change or alteration, and the Buyer will indemnify WFP in full and on demand against any and all costs, claims, proceedings, damages and expenses arising from any such breach. Therefore, you cannot rely upon our work if you make material changes to your building or procedures.

48. WFP’s maintenance service of systems does not include cause and effect testing, system design advice, fire risk assessments or fire safety training. If these services are undertaken by a third party, WFP accepts no liability for the accuracy, validity or reliability of any report produced or recommendation made, and WFP is entitled to rely on any third party’s confirmation or report without further investigation or enquiry.

49. Additions, alterations or extensions needed to any products or systems already being maintained by WFP must be carried out by WFP for these to remain within the existing cover; should the Buyer use another company to fit these parts then those parts will be excluded from the contract and service level agreement, and WFP will accept no liability or responsibility for the suitability and operation of any system or part they do not fit or install nor for the adequacy, efficacy or suitability of the system.

50. Alarm systems which are monitored by WFP must also have a maintenance contract with WFP. If the alarm system is causing false alerts resulting in the calling of emergency services in a non-emergency situation, this may be as a result of faults within the alarm which will need to be examined by the maintenance provider, i.e. WFP. Please note that WFP will not accept liability or responsibility for any systems of existing maintenance customers causing erroneous alerts to key holders and/or the emergency services due to a fault or any other underlying reason. WFP may only undertake this examination and/or investigation if they hold the alarm maintenance contract with the Buyer and have been notified. If there is a fault as set out above and WFP does not hold a maintenance contract with the Buyer, WFP will be unable to assist and will accept no liability for any false alerts or calls made, and the Buyer will indemnify WFP in full and on demand against any and all costs, claims, proceedings, damages and expenses arising out of any false alert.

51. WFP operates on an ‘Open Protocol’ (any service provider may work on the system) basis, as opposed to a ‘Closed Protocol’ basis (only the manufacturer’s choice of engineer may work on the system).

51.1 In the instance of a WFP operative attending a site where the system is found to be Closed Protocol, WFP will be unable to fulfil the requirements of the visit, and the visit will be deemed an aborted visit and will still be chargeable.

51.2 Where a Buyer would like WFP to take over a Closed Protocol system, their instruction for the same to occur will be deemed acceptance that this will entail the removal of the current alarm system and the installation of a new Open Protocol alarm system. WFP aims to always make this clear to the Buyer as soon as possible after discovery of the Closed Protocol.

51.3 Where an aborted visit has taken place to investigate or resolve a fault, a separate visit will need to be scheduled to survey and quote for the installation of the new Open Protocol system.

52. Any repairs to products or systems already being maintained by WFP which are not carried out by WFP will henceforth be excluded from the contract and service level agreement, and may result in additional charges applied to the contract if the systems or products installed or used are not sufficient to meet WFP’s discretionary standards or requirements.

53. Any maintenance visits which result in an aborted visit where WFP has not been able to fulfil the tasks of a standard maintenance visit will still be charged to the customer at the standard rate. Aborted visits include, but are not limited to: cancellation with less than 24 hours’ notice, where no access is provided for a WFP Engineer upon arrival, where obstructions prohibit appropriate access to the area necessary, or where WFP is unable to carry out appropriate works for reasons not relating to WFP’s own abilities or limitations. Please refer to clause 68 for information regarding notice periods and the correspondence procedures required between the Buyer and WFP for all visits.

54. It is the Buyer’s responsibility to ensure appropriate and clear access to areas where work or tests will be taking place by a WFP Engineer. Any obstructions may result in an aborted visit.

55. Unless otherwise stated, WFP has made no allowances to remove or re-fix any specialist surfaces, such as floors, doors, covering or ceilings. If necessary, we require the Buyer to remove and replace these to gain access to field devices and works will not be able to take place until the aforementioned removal or reinstatement has taken place. WFP has also made no allowances for high-level working, unless otherwise specified in their proposal.

56. WFP does not accept responsibility for non-compliance with UK Fire Safety Law and British Standards due to negligence and/or failing to meeting the requirements of the ‘Responsible Person’ as stipulated in the Regulatory Reform (Fire Safety) Order 2005, and any law which supersedes or runs concurrently. This includes, for example but not limited to, missing a fire alarm maintenance visit due to a contract not being renewed or failing to arrange a maintenance visit. It is the Buyer’s sole obligation to ensure that they comply with UK Fire Safety Law and British Standards when instructing WFP, and WFP will accept no liability for any failure or part failure of the Buyer’s instructions or negligible acts.

57. It is WFP’s duty to report anything which affects health and safety as required under English Law, such as but not limited to the any refusal to or negligence in carrying out WFP’s recommended remedial works of a system which may have an impact on the safety and legal compliance of that system and the building in which it sits. WFP reserves the right to demand and keep written rejections of a quotation for remedial works as evidence of non-compliance and WFP’s actions of notifying the Buyer of the consequences of this non-compliance should the Buyer ever be investigated. WFP are under no obligation to first notify the Buyer that they are making any such report, and the Buyer acknowledges that they will have no recourse or claim to be made against WFP if such a report is made.

58. All maintenance contracts are based on works being carried out during standard working hours (08:00–17:00, Monday to Friday and excluding Bank Holidays). Any work required outside of our standard working hours, such as evenings and weekends (unless otherwise stated or agreed), will be charged at the current rates set by WFP.

Maintenance Customer Benefits & Rewards:

59. All maintenance customers are entitled to free, unlimited 24/7 telephone support. The relevant contact details for the administration of your service will be provided at the commencement of your contract.

60. All new and existing customers will receive a WFP fire and security log book as part of their new or renewed contract with WFP. This log book is designed to last one year and should be kept in a safe, easily accessible place (preferably near the fire alarm panel) for reference and logging following weekly testing. This is a legal document, which demonstrates your legal compliance.

60.1 WFP will not be held responsible for the customer’s non-compliance identified by a third party, as a result of not filling in their log book, filling it in inaccurately or falsifying information. WFP supplies this log book to customers in good faith that it will be used to accurately and consistently log maintenance and testing by both themselves/responsible persons as well as competent specialists, where applicable. It is also the Buyer’s responsibility to ensure the log book is readily available for WFP engineers during all scheduled visits, such as maintenance services and call-outs. WFP shall not be responsible for the use or completion of the log book, and the obligation for the same lies solely with the Buyer.

60.2 In the event that the log book is lost, stolen or damaged, and a new one is needed to supply to an existing maintenance customer as a result, each log book will be issued at a cost of £19.99.

60.3 In the event that the log book is filled and the customer requires a new log book before the start of the new contract, they may receive this without incurring any costs.

60.4 Once issued, all title, ownership and risk in the log book will pass to the Buyer and WFP will retain no continuing interest in the log book.

61. Where the Buyer has purchased a spares pack from WFP, it is the Buyer’s obligation to ensure the spares pack is stored in an easily accessible location, as any visit by a WFP operative which becomes abortive due to inaccessibility of the spares pack will still be chargeable.

61.1 If items are used from your WFP spares pack during a call-out, you must notify WFP in writing by emailing ServiceDesk@w-fp.co.uk in order for WFP to ensure that correct and adequate replacements are provided for potential future use if needed. In line with the spares pack quotation, replenishments of used parts will be subject to an additional cost.

61.2 WFP operatives will not be able to fit or install any item from a spares pack which has not been sourced or supplied by WFP, and any visit resulting in WFP being unable to complete a repair or installation due to the Buyer replacing items without WFP’s input will be abortive and still chargeable.

Call-Outs & Booked Visits:

62. Call-outs are defined as being required in an emergency where you require our technical assistance to solve a problem with your product or system, which cannot be solved over the phone, and is subject to a ‘Reasonable Use’ policy; specifically:

62.1 Call-outs due to user or third-party misuse of a product or system are not included within any of WFP’s maintenance service packages; this could be failure to follow basic user instructions (as dictated within the manufacturer and WFP’s operations manual, which is the Buyer’s responsibility to obtain and hold within their possession) and/or undertaking unsolicited actions which are reserved for those with specialist knowledge/experience/certifications/ insurances. Therefore, WFP reserves the right to decline attending a call-out if such misuse is suspected; and similarly, if a WFP operative attends site and suspects misuse during his or her attendance, WFP reserves the right to withdraw the operative from the premises, albeit any costs incurred as a result of the call-out will still be payable by the Buyer to WFP.

63. As standard, all of our maintenance customers are entitled to 24/7 call-out assistance 365 days a year, subject to WFP’s ‘Reasonable Use’ policy. WFP will endeavour to respond to call-outs promptly and within the requirements stipulated in the standards particular to the system in question.

64. All call-outs must be arranged by telephone and agreed by WFP. Call-out requests received by email may not be processed until a telephone call is made by the Buyer to WFP.

65. Call-out charges are:

65.1 Hourly based and the first hour on-site includes the attendance charge.

65.2 Reviewed annually and any new rate will come into force immediately following the review.

66. WFP reserves the right to claim payment in part or in full in advance for a call-out for non-maintenance customers and for maintenance customers where there is doubt surrounding their ability to pay, such as but not limited to bankruptcy, a low credit score or a previous inability to have paid former debts to WFP.

67. WFP reserves the right to cancel a booked visit or reschedule dates when necessary. WFP will not be held liable for any direct or indirect expenses incurred by the Buyer, such as but not limited to, loss of time or earnings, should the decision be made to cancel or postpone any booking.

68. Any amendments to call-outs or booked visits are to be emailed to ServiceDesk@w-fp.co.uk. This inbox is monitored on a daily basis between 08:00 and 17:00, Monday to Friday and excluding Bank Holidays, and our Service Desk aims to respond by phone or email no later than 12 hours from receipt of your query. As email is not a guaranteed service, WFP requires all email correspondence relating to a call-out or booked visits to be followed up with telephone correspondence. Any email correspondence sent to another email address other than ServiceDesk@w-fp.co.uk, such as to a WFP operative’s individual email address, may not be monitored and WFP does not accept responsibility for any aborted visits which are still chargeable and occur as a result of cancelling or postponing in writing to the incorrect email address.

68.1 Where amendments to call-outs or booked visits are emailed to ServiceDesk@w-fp.co.uk outside of the usual monitored hours, the amendment request will be deemed as received at 08:00 on the next working day, subject to the same terms as detailed above regarding email not being a guaranteed service, and so a follow-up telephone call is still required.

69. The Buyer must ensure that the site or area in which WFP must operate complies with all applicable Health and Safety regulations and WFP may refuse to start, continue or complete work required if they suspect, in their sole discretion, that WFP operative’s health and safety may be compromised. WFP reserves the right to terminate a contract immediately should their operatives be placed in any dangerous situation or persistently exposed to improper Health and Safety practices, and the balance of the contract will remain payable by the Buyer.

70. WFP does not tolerate any abusive behaviour to staff and reserves the right to remove operatives from site if WFP deems it appropriate, and the cost of the visit will still apply, regardless of whether the agreed specifications of the visit were fulfilled. WFP further reserves the right to terminate a contract immediately should their operatives be subjected to aggressive or abusive behaviour, and the balance of the contract will remain payable by the Buyer.

71. Any specific site rules or induction requirement must be provided to WFP prior to agreed visitation – be it for a survey, maintenance visit or call-out. WFP will not accept responsibility to any deviation from your site’s specific protocol or disturbance which was not made clear prior to visitation. WFP also renounces responsibility for physical building security or control, as well as actions or conduct of non-WFP operatives, on the agreed site of attendance.

72. Where call-outs are included as part of a maintenance contract and service level agreement (i.e. Basic+, Premium or Premium+), and a call-out has resulted in an aborted visit for reasons such as, but not limited to, faults arising in systems WFP does not current maintain, then the cost of the call-out will not be included within the service level agreement and will still be chargeable.

Asbestos:

73. Upon instruction of WFP to undertake any works, the Buyer agrees and acknowledges that the works may disturb the material and fabric of their premises.

74. When accepting the quote provided by WFP, the Buyer will provide copies of or unobstructed access to the Asbestos Records for the property, and the Buyer warrants to WFP that the Asbestos Records are a true and accurate reflection of the property’s current state and condition.

75. The Buyer will provide copies of their Asbestos Records to WFP at any time there is an update, where any changes or alterations to the property have taken place on demand and in any event at least once in every year.

76. If WFP believes a full Refurbishment and Demolition (R and D) Asbestos Survey will be required before the commencement of any works, they will confirm this in writing to the Buyer and explain the reason for their requirement. This requirement may arise at any time during an inspection, survey or assessment, but WFP confirm they will advise you as soon as practicable of the requirement for a R and D Asbestos Survey. WFP will not be liable, or accept responsibility, for obtaining a R and D Asbestos Survey; this obligation is the sole responsibility of the Buyer.

76.1 Any requirement for an asbestos survey by WFP will be for a full R and D Asbestos Survey and not an Asbestos Management Survey. WFP will not start or recommence work on the basis of an Asbestos Management Survey only.

77. If, at any time in the performance of the works required under the terms of the contract, WFP or a WFP operative believes or suspects the presence of Asbestos in the material or fabric of a premises, they will immediately cease all work and request the instruction of a full R and D Asbestos Survey.

77.1 All works will cease until a full R and D Asbestos Survey has been conducted, WFP has been provided with the results, and WFP and the Buyer have agreed the proper course of action resulting from the R and D Asbestos Survey results. If works are required to remove Asbestos, WFP’s works will not commence until such works have been completed and signed off by the surveyor who conducted the R and D Asbestos Survey.

78. If an R and D Asbestos Survey details specific measures to be put in place for future works, the Buyer must notify WFP of all such requirements and WFP will consider whether any additional costs will be involved in completing the works.

79. WFP reserves the right to demand a new R and D Asbestos Survey to be conducted by an independent surveyor if they have any reason to question the validity or legitimacy of any report provided by the Buyer. If the Buyer refuses a new R and D Asbestos Survey by an independent surveyor, WFP may terminate the contract immediately.

80. If the Buyer refuses to disclose their Asbestos Records, obtain a full R and D Asbestos Survey, share the results of the survey with WFP, or implement any of the recommended actions from the R and D Asbestos Survey, WFP reserves the right to terminate the contract immediately and all sums due for the works completed to the point of termination will immediately become due and payable by the Buyer to WFP.

81. If the contract is terminated in accordance with clause 79 the rights of WFP will not be liable to the Buyer for the state and condition in which the property is left, and the Buyer will indemnify WFP in full and on demand against any and all costs, claims, expenses, damages or proceedings relating to the state and condition of the property.

Delivery of Goods & Services:

82. Any time or date named by WFP for delivery of any goods or services is given as an estimate only in the light of prevailing. If, notwithstanding WFP’s best endeavours, WFP fails to despatch or deliver the goods or services by the anticipated time or date, such failure shall not constitute a breach of the contract and WFP shall not be liable to the Buyer to make good any damage or loss whatsoever, whether arising directly or indirectly as a result of any delay in delivery. In the event that, for any reason, WFP is unable to supply the agreed goods and services on or at the time or date named for delivery, such time or date shall be postponed for a reasonable time.

83. The Buyer shall inspect the goods immediately upon delivery thereof to him and shall:

83.1 On goods delivered outside of England and Wales within 14 days or, on goods delivered within England and Wales within 7 days, carry out such an inspection and give notice in writing to WFP of any matter, defect or shortage identified. WFP reserves the right to not provide a replacement of defected goods if adequate proof and aforementioned written notice has not been given within the set time period upon delivery. Any such replacement will be on a like-for-like basis, unless circumstances outside of the control of WFP prevents this replacement.

83.2 Insure the goods in their possession to their retail value.

83.3 Not return goods to WFP without prior written agreement. Any such goods must be unopened, undamaged and within the original packaging with all components, and returned accompanied by a return note stating WFP’s invoice and/or quote numbers on which the goods were originally agreed and supplied. Where a handling charge applies, this will be notified by WFP to the Buyer in writing prior to return of the goods.

84. Goods cannot be returned after the periods specified within clause 82.1 other than under any warranty claim in accordance with these terms and conditions.

85. The Buyer accepts that the person acknowledging receipt of goods from WFP is a customer, employee or agent, and the signature on the appointed carriage delivery note is legal proof of delivery of the goods and authorised acceptance of the delivery.

86. In the event that the Buyer fails for any reason to accept delivery of the goods, WFP shall be entitled to store the goods until the actual delivery, and the Buyer shall be liable to WFP for the reasonable costs of storage, insurance and attempts of redelivery. WFP reserves the right to invoice for equipment held in storage on behalf of the customer.

87. The risk in respect of all goods or services sold under this contract shall pass to the Buyer upon despatch of the goods or services by WFP or an approved WFP supplier, notwithstanding agreement by WFP to bear the cost of delivery or to deliver the goods or services itself.

88. Title to all goods and services will only pass upon receipt in full by WFP of all sums due and payable by the Buyer in respect of those goods and services.

89. WFP reserves the right to access any premises where their products or services are stored to inspect or recover such products if the Buyer is in breach of any terms of their contract.

90. From time to time, WFP may need to send correspondence by post, such as log books, letters, etc. It is the customer’s responsibility to ensure WFP is provided with the correct address and does not accept responsibility for lost or irretrievable goods posted to the customer.

91. For posted products, the chosen postage service or courier will differ depending on the product requirements and/or destination. WFP is currently able to offer delivery to most of the UK; however, WFP is based in Essex and generally next day delivery is only available in and around Essex. Information about postage and online purchases can be viewed at www.w-fp.co.uk/delivery-policy/.

92. Any works which the Buyer employs WFP to carry out on a life safety system, including but not limited to fire alarms, assumes that the Buyer has a valid risk assessment, supporting any changes and alterations. WFP reserves the right to demand sight of a risk assessment before commencing any work. The responsibility of obtaining this is the Buyer’s and WFP accepts no liability for carrying out instructed works which affects the integrity of the life safety system.

Payment:

93. All new customers are subject to a credit check and WFP reserves the right to demand full or partial payment up front where there are doubts regarding the solvency of the Buyer.

94. All accounts are payable on demand. In the absence of demand, the Buyer shall make payment in full for the goods or services supplied to WFP on or before 30 days from the date of invoice, unless otherwise agreed in writing. WFP understands and will exercise their statutory right to apply interest (Base Rate plus 8%) under the Late Payment of Commercial Debts (Interest) Act 1998 if they are not paid according to agreed credit terms.

94.1 Any invoice queries relating to the Buyer’s inability to pay their invoice in full on or before 30 days from the date of invoice must be submitted in writing to Accounts@w-fp.co.uk within 14 days of the invoice date. Failure to do so will deem the invoice payable within the agreed payment terms.

95. The time within which the Buyer is to pay for the goods or services shall be of the essence of this contract, and in the event that the Buyer shall fail to make payment by the due date, all sums due to WFP from the Buyer under this, or any other contact for the supply of goods or services, shall forthwith become due and payable to WFP.

96. WFP does not accept retentions and the whole amount will be payable on demand, unless otherwise agreed in writing with WFP.

97. WFP retains a general lien on any of WFP’s equipment or other goods in the Buyer’s possession for any unpaid balance the Buyer may owe to WFP. Title and risk in the equipment or goods supplied will only pass upon payment being received in full by WFP.

98. WFP reserves the right to demand immediate payment up front if the Buyer has previously neglected payment within the agreed timeframe.

99. Continuous avoidance to pay within the agreed timeframe may result in a contract termination at WFP’s discretion. WFP reserves the right to define what period of time constitutes “continuous avoidance”.

100. Payments are accepted via BACS, bank transfer, cheque and using a debit or credit card over the phone. WFP does not accept cash as a form of payment. Part-exchange of any existing parts, products or systems is not accepted under any circumstances.

101. Prices quoted are in UK pounds sterling and exclude VAT, which will be charged at the prevailing rate at the point of invoice.

102. The Buyer is not entitled to make any deduction from payments due to WFP on account of any alleged set-off or counterclaim.

103. Any discounts may only be explicitly agreed in writing by a WFP director or manager before being processed or applied to any transaction.

104. Any deductions made during the course of a contract will not result in a cash reimbursement, but a credit to the customer’s WFP account, which may be used for future maintenance visits only.

Warranties & Guarantees:

105. WFP shall not be liable in respect of conditions or warranties, whether expressed or implied, that have not been confirmed by them in writing.

106. Any warranty from a manufacturer for your part, product or system will vary depending on who the manufacturer is, and WFP will not be a party to, have any interest in, or be liable under any such manufacturer’s warranty. WFP may offer assistance to the Buyer in a warranty claim to the manufacturer, at WFP’s sole discretion, where appropriate, but is not and will not act as agent for either Buyer or manufacturer. Any procedure for the return of parts under a manufacturer’s warranty will co-inside with the specific manufacturer’s returns policy, which is subject to change at any time without notice.

107. All parts supplied and fitted by WFP will be fit for WFP’s recommended purpose and will remain under warranty by WFP for 12 months from the date of commissioning following installation, unless otherwise detailed in the quotation and agreed explicitly between the Buyer and WFP. This 12-month warranty from WFP will be in conjunction with the manufacturer’s own product warranty.

108. If the system is installed but not maintained by WFP, the 12-month warranty will cover the cost of repairing or replacing the parts with the benefit of the warranty only and will not include the cost of labour to complete the works.

109. If the system is installed by WFP and a maintenance contract is entered into following commissioning of the system, the warranty will be upgraded from a standard 12-month, parts-only warranty, to a 5-year parts and labour-inclusive warranty for fire alarms and a 3-year parts and labour-inclusive warranty for security systems, unless otherwise detailed in the quotation and agreed explicitly between the Buyer and WFP.

110. If the Buyer has the benefit of a 3- or 5-year parts and labour inclusive warranty as they hold a maintenance contract with WFP, this warranty will be voided if the Buyer does not arrange a scheduled maintenance visit within 30 days of the date proposed by WFP, and shall only be reinstated once the maintenance visit has taken place. The voiding and reinstating of warranties due to missed, postponed or cancelled maintenance visits remains entirely at WFP’s discretion.

111. All 3- or 5-year parts and labour inclusive warranties will only be valid for as long as a continuous maintenance contract is held with WFP and all accounts are up-to-date within the agreed payment terms with WFP, otherwise the warranty will be deemed null and void.

112. Any warranty provided by WFP will be deemed null and void should any other fire and security provider, or any other third-party individual, are believed or found to have worked on the system in any way.

113. Warranty claims are automatically registered. Customers of WFP can process a claim by requesting a call-out by phone (we will require confirmation of the request in writing following any call, to include confirmation of it being a warranty claim) and WFP will send an engineer/operative out to the site to investigate. If your claim falls within the terms of WFP’s warranty, you will not be charged for parts, or parts and labour depending upon the warranty cover to which you are entitled. If your claim does not fall within the terms of the warranty but you would still like the issue resolved, you will be accountable for the cost of both parts and labour (unless call-outs have been included within your agreed maintenance package and service level agreement).

114. If your claim falls within the terms of the manufacturer’s warranty and not within WFP’s warranty, you will need to register a warranty claim with the manufacturer before WFP is able to undertake any work.

115. The following are excluded from warranty or guarantee claims:

115.1 Repairs or replacements needed due to any wilful act of neglect or damage.

115.2 Repairs or replacements due to accidental damage.

115.3 Repairs or replacements due to a failure to comply with manufacturer’s operating instructions and WFP’s technical instructions; the responsibility for retaining or retrieving such instructions from WFP lies solely with the Buyer if the same are not in their possession.

115.4 Cosmetic damage (to non-functional parts) or discolouration which do not affect the functional use of the appliance, such as paintwork damage and scratches.

115.5 Routine maintenance services, testing and cleaning of equipment.

115.6 Costs arising from either natural disasters or structural accidents, resulting in the system losing some or complete functionality.

116. All warranties and guarantees are subject to proper use of the system(s) in accordance with the operations manual and have not been modified or repaired by anyone other than WFP’s own engineers or operatives. WFP reserves the right to refuse repair, under warranty or guarantee, if the usage is deemed abnormal. WFP, similarly, reserves the right to charge for parts and/or labour during the warranty or guarantee period if an engineer attends and there is no manufacturing fault found.

117. Warranties do not cover an overlooked aspect of a system’s design, and any additions required following an upgrade or installation will be subject to further costs.

118. For Supply and Commissioning only quotations, a one year’s product warranty applies, even for existing maintenance customers; however, any labour will be charged at WFP’s normal, standard rates.

119. WFP may offer customers an extended warranty or guarantee following the end of the manufacturer’s and/or WFP’s 3- or 5-Year Warranty, but this offer will remain strictly at the discretion of WFP. More information about extended warranties is available upon request.

120. Warranties and guarantees are only applicable for use by the original purchaser and do not extend to any subsequent purchaser. The original purchaser is not entitled to extend, transfer, or assign any warranty or guarantee to any party without WFP’s prior written consent.

Parts:

121. WFP will not leave any redundant parts removed from any existing systems on the site at which an upgrade or replacement has taken place.

121.1 The Buyer acknowledges that they will have no right to claim ownership of any removed parts, nor reimbursement or any monetary claim for the redundant parts removed, as part of the system/product upgrade or installation.

121.2 The removal of redundant parts relates to all system or product model types, whether or not the part type has been made obsolete or not, and whether or not WFP was the installer of the part, product or system being removed.

122. If any redundant part is subject to a policy stipulating a return to the original manufacturer, supplier or installer, the Buyer must notify WFP at the commencement of the works and the Buyer will be responsible for arranging for these parts to be returned.

123. The Buyer will indemnify WFP in full and on demand against any claims, proceedings, costs, damages or expenses arising out of the replacement or disposal of existing parts, systems or products.

Faults & Investigations:

124. Please note that when panels are replaced, this may uncover wiring faults not previously monitored or identified, such as earth faults. The repair of additional faults discovered only during investigation is not covered within quotes and works for panel replacements and will be quoted for separately.

125. If a separate visit and/or investigation into the faults is required, you will be advised by WFP as promptly as possible.

Accident or Injury:

126. WFP shall not be liable for any claim(s) for direct or indirect consequential or incidental injury, loss or damage, made by the Buyer against WFP, whether in contract or tort (including negligence on the part of WFP, its servants or agents) arising out of, or in connection with, any defects in the goods or services; or any act, omission, neglect or default (whether or not the same constitutes a fundamental breach of contract, or breach of a fundamental term thereof) of WFP, its servants or agents, in the performance of this contract.

127. WFP’s liability in any claim or proceedings will be strictly limited to the value of the invoice to which the claim relates.

Offers & Promotions:

128. All offer prices issued by WFP are subject to change if, upon investigation, the works require more time or equipment than originally stipulated within the original offer. WFP reserves the right to increase prices but will only do so for reasonable and legitimate purposes stipulated to the customer before quoting or within the official quote itself.

129. All offers assume work is to take place during normal working hours (08:00–17:00, Monday to Friday and excluding Bank Holidays) and any deviation from this may require additional costing.

Contacting WFP & Marketing:

130. WFP has a variety of email addresses which may be used as a method of contact from prospective and existing customers, as well as from WFP to prospective and existing customers. All email addresses end with ‘@w-fp.co.uk’ and are to the best of WFP’s knowledge a secure method of communication, however this cannot be guaranteed. WFP accepts no liability or responsibility for any loss you may suffer as a result of interception.

Personal Information, Privacy & Confidentiality:

131. The products or services provided by WFP to the Buyer require the necessary collection of personal information to function as intended. Both parties will comply with applicable Data Privacy Laws and will take all reasonable commercial and legal steps to protect personal information against undue disclosure.

132. WFP has a privacy policy for websites and e-communications, which is accessible at www.w-fp.co.uk/privacy-policy/, and details how we use and retain information. WFP also has a separate cookie policy, which can be viewed at www.w-fp.co.uk/cookie-policy/.

133. By submitting an enquiry in any format to WFP, you are agreeing to pass on your contact details for both you and/or the company you represent and are enquiring on behalf of. You are also opting in to receive marketing communications from WFP. If you do not wish to receive marketing or e-communications, you must specify this in writing to marketing@w-fp.co.uk, by replying to one of the e-communications with this intent, or by unsubscribing on the e-communication, and you will be removed from our list accordingly.

Copyright & Intellectual Property

134. All patents, design rights, registered designs, trademarks, trade names (whether registered or not) are owned by or licensed to WFP, are subject to UK Copyright Laws and may not be reproduced, copied or redistributed without the express consent in writing by WFP.

135. The contents of www.w-fp.co.uk, www.w-fp.com and www.fireandsecuritytraining.co.uk are © Wire-Free Protection Limited t/a WFP Fire & Security. The reproduction of any material present on this site is prohibited, except in the case of downloadable content designed for educational and/or marketing purposes, and where express permission has been given with adequate credits given to WFP.

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