Company Policies

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Last updated: 19/05/19

General Terms and Conditions

  1. Words and Phrases

In these conditions:

“Services” means the engineering and associated services relating to the Customer’s Equipment as set out in the proposal specified in our quotation or other agreed documents or discussions between us.

“We”, “us” and “our” mean the Company providing Services or goods to you. “You” and “your” mean the person or company to which we are providing Services or goods. “Customer’s Equipment” means the equipment or material belonging to you, or for which you request us to provide services.

  1. Incorporation of Conditions
  • Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not
  • All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract
  • No amendment or change shall be made to these conditions
  1. Quotations/Prices

Our quotation provides an indication to you of the items on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by

  • A quotation is made on the assumption that the work requested is reasonably capable of being carried If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable and may offer you a reconditioned or new substitute on terms to be agreed. If you give a general instruction for repairs without specifying the particular service or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put the Customer’s Equipment in good working order, and to make an appropriate charge for the work and parts provided.

Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we must pay or incur for the performance of the Contract, then you will pay the resultant

If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses, we

We will charge for all work carried out at your request, whether exploratory or otherwise and we reserve the right to instruct our employees or agents to work overtime to comply with your delivery requirements in which case we may charge you the cost of such

  1. Work on Site

If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer’s Equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as electricity. You will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.

  1. Payment

Unless otherwise agreed with you by us, we will issue an invoice for the full amount due on completion of the Services. Invoices will be due for payment 7 days from the day on which we dispatch the invoice to you. All payments will be in pounds Sterling.

  1. Designs Drawings and Specifications

You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.

  1. Warranty

We will take reasonable care of the Customer’s Equipment whilst it is in our custody and make good any loss damage caused by our failure to exercise reasonable care, our liability being limited to the replacement value of the

  • We also undertake to use reasonable skill and care in carrying out the work and to use materials, which are suitable quality and free from
  • Unless otherwise agreed, we will rectify defective work and /or defective materials notified to us in writing within six months of the completion of the work and liability for defective work and/ or defective materials is limited to the invoice value We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.
  • Unless we have agreed to do so, you will accept full responsibility for re-installing, examining and testing the Equipment on which we have worked as soon as it is completed and we shall not be responsible for any damage, cost or loss incurred by you due to your failure to properly re-install or delay in testing the equipment or in notifying us of any defect in the
  • If we are instructed to purchase and install products as specified by you or your employees or client, we reserve the right to waiver labour warranty for return visits if the specified equipment is faulty and will charge additional costs for
  • No warranty shall be issued for products supplied by you, your employees, client or agent. I.e. only warranty shall be valid for products and services provided by
  1. Transportation

If we have agreed to transport the Equipment, in the event of loss or damage to Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts.

  • We shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is your responsibility to examine the goods immediately on
  • Unless otherwise agreed, the loading or offloading of the goods on collection or return to you shall be arranged by you and performed at your sole expense and
  1. Termination of this Contract

We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within seven days of having been notified by us of the relevant failure. We may also bring this Contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter into any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring this Contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring this Contract to an end immediately if the partnership is dissolved. We may also terminate this Contract if any proceedings relating to your insolvency are commenced in any country. If this Agreement ends for any reason, we will be entitled to remove all our equipment from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to date of termination and for any other breaches of this Contract.

  1. Limitation of Liability

We accept that we are liable for any death or personal injury resulting from our negligence or the negligence of our employees or agents acting in the course of their employment. In relation to defects in goods sold to you by us, we may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded. Apart from our agreement to rectify any defects or errors in the Services as set out in paragraph 7 above and to replace or repair the Customer’s Equipment where there is loss or damage to goods in transit as set out in paragraph 8 above:

  • Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £100,000; and
  • We will not be liable to you under any circumstances for any indirect or consequential losses (including for example, loss of Contracts or loss of profits of production).

The limitations and exclusions in this paragraph apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above. The limitations and exclusions in these conditions reflect the value of this Contract to us and are reasonable. If you require us to accept greater liability, we may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to us.

  1. Force Majeure

We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.

  1. Disputes

Any disputes which we cannot settle amicably relating to the nature or quality of the Services will be referred to an expert to be agreed or (if we and you cannot agree the choice of expert within 14 days of an expert being proposed by you or us) appointed at the request of you or us by the President for the time being of the institute of Electrical Engineers. The written report of the expert will as between you and us be conclusive evidence of all matters of fact and all matters opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.

  1. A.T

Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.

  1. Assignment/Third Parties

You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion. No third party shall acquire any rights under this Contract except as specifically stated in these conditions.

  1. Notices

Any notice to be given by you or us must be in writing and may be delivered by facsimile or electronic mail. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order. You and we are free to provide an alternative address for notices at any time. Facsimile notices will be assumed to have been delivered on the next working day after transmission, and notices sent by first class post will be assumed to have been delivered two working days after they are sent.

  1. Waiver

Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.

  1. Whole Agreement

This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).

  1. Validity

If any provision of this Agreement is ruled to be valid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.

  1. Law

This is Agreement is governed by English Law.

Doc Ref: MSS-T101 R3 2019-04-25

Last updated: 19/05/19

Terms & Conditions of Product Sale

These are the Conditions on which we shall supply Products to you. Please read these terms carefully before you place an Order with us.

We reserve the right to make changes to these Conditions which shall take effect when posted on our Website or printed in our Catalogue or made available to you by email or in writing. You are responsible for regularly checking these Conditions and the date of last update. Unless you have notified us in writing that you do not accept the changes, by continuing to place an Order you will be deemed to have accepted any changes to the Conditions.

  1. Interpretation

1.1         In these Conditions the following words shall have the meanings set out below:

“Branded Products” means Products with the Midland Fire Security Services Ltd brand or any other brand Midland Fire Security Services Ltd own and use from time to time.

“Catalogue” means the latest issue of the Midland Fire Security Services Ltd Product Catalogue.

“Conditions” means the standard terms and conditions of supply of Products set out in this page.

“Contract” means a legally binding contract for the sale and supply of Products and made in accordance with these Conditions.

“Order” means an order placed by you either via our Website, by telephone, fax or email for the purchase of Products.

“Price” means the price of the Products as displayed on our Website, advised to you or as displayed in our Catalogue.

“Products” means the products described in the Order.

“Website” means the website operated by Midland Fire Security Services Ltd or such other website address operated by Midland Fire Security Services Ltd from time to time.

“Working Day” means any day other than a Saturday and Sunday but excluding bank and public holidays in England.

1.2         When we use the words “writing” or “written” in these terms, this includes emails but excludes live chat and any social media content.

1.3         In some areas you will have different rights under these Conditions depending on whether you are a business or consumer. You are a consumer if:

(a) you are an individual; and

(b) you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1         Midland Fire Security Services Ltd and the expressions, “MFSS”, “Midland Fire” “we” and “us” and “our” and “the Company” means Midland Fire Security Services Ltd. We are a company registered in England and Wales with registered number 03846886 and have our registered office at Chartwell House, 4 St Pauls Square, Burton Upon Trent, Staffordshire. DE14 2EF. Our registered VAT number is 737982383.

2.2         You can contact us by telephoning our customer service team at 01283 741000 or by writing to us at admin@midlandfire.com

2.3         If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us with your Order.

  1. OUR CONTRACT WITH YOU

3.1         All Orders for Products supplied by us are subject to these Conditions and the placing of an Order by you will constitute acceptance of these Conditions. Our acceptance of your Order will take place either: (i) when we email you to confirm delivery of your Order; or (ii) by providing you with the Products for purchases made; or (iii) in the case of bespoke Products, when we confirm acceptance of your Order (whether verbally or in writing), at which point a Contract will come into existence between you and us.

3.2         If we are unable to accept your Order for any reason, we will inform you of this and will not charge you for the Products.

3.3         We only accept orders via our Website from addresses in the UK and specified countries within the EU.

3.4         We only supply Products for purchase by adults and we do not sell to children. By continuing to place an Order you confirm you are an adult.

  1. TRADE CREDIT ACCOUNTS

4.1         If you wish to open a trade credit account, we will ask you to complete and sign an application for trade credit account form (“Account Application Form”). Until an Account Application Form has been received and a trade credit account approved (in writing) by us, Orders will not be accepted onto the trade credit account until cleared funds have been received. We will treat having received payment by credit card as us having received cleared funds. We reserve the right, in our absolute discretion, to grant, refuse, or discontinue any credit facilities or reduce or suspend any credit limit at any time and demand immediate payment of all monies outstanding.

4.2         Unless otherwise agreed by us in writing, sums due on a trade credit account are payable by the last Working Day of the month following the month in which delivery of the Products takes place. If you exceed any agreed credit limit, we may demand immediate payment of all amounts outstanding from you to us on any account.

  1. OUR PRODUCTS

5.1         All images are for illustrative purposes only. Although we have made every effort to display the colours of Products accurately on our Website and in our Catalogue, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

5.2         The packaging of the Product may vary from that shown in images on our Website or Catalogue.

5.3         If we are supplying any Product to specifications you have given us, you are responsible for ensuring that these specifications are correct.

  1. SAMPLES

6.1         Any samples provided to you at your request must be returned to us in good condition within ninety (90) days of receipt or such shorter period as we may specify. We may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.

6.2         Samples provided by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions.

6.3         Goods are not sold by sample or description.

  1. YOUR RIGHTS TO MAKE CHANGES

7.1         If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. OUR RIGHTS TO MAKE CHANGES

8.1         We reserve the right in our absolute discretion to make any changes to the Products which do not materially affect the quality or nature of the Products. We may also change the Product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

  1. SELLING OUR PRODUCTS

9.1         You may resell any of our Products in the ordinary course of your business. However, you may not resell any Branded Products on Amazon, eBay or any other online trading platform.

  1. DELIVERY

10.1       The costs of delivery will be as displayed on our Website or Catalogue or as advised to you via telephone or email.

10.2       During the Order process we will let you know when we will deliver the Products to you. Any delivery dates are estimates only but we will reasonably endeavour to deliver the Products to you as soon as reasonably possible, unless we agree with you another delivery date.

10.3       If you have asked to collect the Products from us, you can collect them from us at any time during the opening hours of our premises, once we have confirmed the Products are available to collect.

  1. RISK AND OWNERSHIP

11.1       Ownership of the Products will not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Products and all other sums which are, or which become due to us from you on any account.

11.2       Until ownership of the Products has passed to you, you must:

(a)         hold the Products on trust for us;

(b)         store the Products (at your own cost) separately from all other goods owned by you or any third party so that they are identifiable as our property and clearly labelled as such;

(c)          not destroy, deface or obscure any identifying mark or packaging on or relating to the Products;

(d)         maintain the Products in satisfactory condition insured on our behalf for their full Price against all risks;

(e)         hold any proceeds of such insurance on trust for us separately from any other money, and not pay the proceeds into an overdrawn bank account or allow any such bank account to become overdrawn; and

(f)          allow us access to any premises where the Products are held at any reasonable time to enable us to inspect the Products and verify that you have complied with your obligations under this Condition 9.3.

11.3       You may resell the Products before ownership has passed to you provided such sale is:

(a)         in the ordinary course of your business at full market value and you will account to us accordingly; and

(b)         on your own behalf and you deal as principal when making such sale.

11.4       If we cannot determine which goods are the Products, you will be deemed to have sold all Products sold by us to you in the order in which they were invoiced to you.

11.5       We will be entitled to recover payment for the Products notwithstanding that ownership of any Products has not passed from us.

11.6       In the event you fail to pay for the Products when due (and without prejudice to any other rights we may have under these Conditions) we may demand the immediate return of the Products at any time and you will forthwith comply with such demand and bear the expenses for such return.

11.7       If you fail to return the Products in accordance with Condition 9.7, you will be deemed to grant to us (or our successors in title for the Products) and our respective employees and agents an irrevocable licence to enter onto any premises where the Products are or may be situated for the purpose of removing the Products (the cost of doing so shall be borne by you) and to sell or otherwise deal with such Products.

  1. CANCELLATION

12.1       You may cancel the Contract and return any unused Products for any reason and at any time within 30 days of the date you receive your Order, providing the goods are in “as new” condition. Where an Order is to be delivered in installments and you are a consumer, the 30 day cancellation period will commence on the day you receive the last delivery.

12.2       There will be no right to cancel the Contract if you have ordered non-returnable Products or Products made or modified to your specification or once the Products have been manufactured, installed or become mixed inseparably with other items.

12.3       You can cancel the Contract by:

(a)         Calling us on 01283 741000 or in writing at admin@midlandfire.com. Please provide your name, address, details of the order, your phone number and email address.

(b)         Writing to us, including details of what you bought, when you ordered or received it and your name and address.

12.4       If you cancel the Contract, you must return the Products (including all packaging and manuals) to us within 14 days of telling us you wish to cancel. You must either return the Products in person or by post to us or (if they are not suitable for posting) allow us to collect them from you. We reserve the right to charge a handling fee/restocking fee if we receive the Products after the 14 day period.

12.5       We will only pay the costs of return if the Products are faulty or mis-described. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

12.6       If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

12.7       Refunds will be made as soon as possible and by the same method you used for payment. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Products back to us.

12.8       Products must be returned in a re-saleable condition. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

  1. OUR RIGHTS TO CANCEL THE CONTRACT

13.1       We reserve our right to cancel the Contract if:

(a)         you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

(b)         you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, where you have Products ordered to specification;

(c)          you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;

(d)         you enter into any compromise or arrangement with your creditors, or if an order is made or an effective resolution is passed for your winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of your undertaking or assets;

(e)         you cease or threaten to cease to carry on your business;

(f)          you are made bankrupt; or

(g)          you breach these Conditions or any other agreement we may have with you.

13.2       If we end the Contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.

13.3       We may write to you to let you know that we are going to stop providing the Products. We will let you know before dispatch of the Products if we stop the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.

  1. DAMAGED PRODUCTS / INCORRECT ORDER

14.1       If you receive any Products that are damaged or receive an Order that is incorrect you must notify us within 14 days of receiving your Order by calling us on 01283 741000 or emailing us at admin@midlandfire.com.

14.2       Without prejudice to your rights under clauses 12, 15 or 16, if you receive any Products that are damaged, we shall (at our option) repair, replace or refund any such Products and refund or make good any Orders that are incorrect.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

15.1       We are under a legal duty to supply Products that are in conformity with this Contract. If you are a consumer, nothing in these terms will affect your statutory legal rights.

15.2       If you wish to exercise your legal rights to reject defective Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Before returning any goods, you must call on 01283 741000 or email us at admin@midlandfire.com for a Return Materials Authorisation (RMA) number and include this RMA number on your returns documentation.

15.3       If we find a Product to be defective, we will either repair, replace or refund the Product in accordance with your statutory rights.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

16.1       If you are a business customer (and not acting as a consumer) we will use our reasonable endeavors to transfer to you the benefit of any standard manufacturer warranty or guarantee for the Products.

16.2       Subject to clause 16.3, if:

(a)         you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 16.1;

(b)         we are given a reasonable opportunity of examining such Product; and

(c)          you return such Product to us at your cost,

we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.

16.3       We will not be liable for a Product’s failure to comply with the warranty in clause 16.1 if:

(a)         you make any further use of such Product after giving a notice in accordance with clause 16.2(a);

(b)         the defect arises because you failed to follow our (or the manufacturer’s) oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(c)          the Product is not used for its intended purpose;

(d)         the defect arises as a result of not following any drawing, design or specification supplied by you;

(e)         you alter or repair the Product without our written consent; or

(f)          the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.

16.4       Except as provided in this clause 16, we shall have no other liability to you in respect of a Product’s failure to comply with the warranty set out in clause 16.1.

  1. DESIGN

If we provide you with a service to a design a fire alarm system or other scheme, such service will be provided at an additional cost and always on the condition that full payment is made in respect of all Products purchased and subject to clause 19.1 our liability for any defect in the design, (including without limitation any fire alarm system design) whether in contract, tort, (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid by you for the design service. Any drawings, plans, reports, specifications, or other material arising from the development of the fire alarm system design shall remain our absolute property.

  1. PRICE AND PAYMENT

18.1       The price of the Product will be the price indicated on our Website or Catalogue or as advised to you via telephone or email when you placed your Order. VAT shall be charged as applicable.

18.2       If the rate of VAT changes between your Order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the VAT change takes effect.

18.3       We use our best efforts to ensure that the Price of the Products displayed on our Website or Catalogue or advised to you is correct. However, despite our best efforts, there may be instances where there has been an error in the pricing. Where the correct Price is less than our stated Price, we will charge the lower amount. If the Product’s correct Price is higher than the Price stated on our Website or Catalogue or advised to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products delivered to you in respect of such Order.

18.4       Payment for the Products must be made before we dispatch them, unless we have agreed otherwise in writing. We accept payment by most major credit or debit cards as indicated on our Website or advised to you via telephone.

18.5       If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

18.6       We reserve the right to suspend the Contract if you fail to make payment for the Products when due.

  1. LIABILITY

19.1       Nothing in these terms shall limit or exclude our liability for:

(a)         death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)         fraud or fraudulent misrepresentation;

(c)          breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)         defective products under the Consumer Protection Act 1987;

(e)         those matters that may not be excluded by virtue of the operation of the Consumer Rights Act 2015; or

(f)          any other matter that cannot be excluded or limited by law.

19.2       Subject to clause 19.1 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Products under such contract.

If you are a consumer

19.3       If you purchase Products as a consumer, our liability for failure to comply with these terms, will be limited to loss or damage you suffer that is a foreseeable result of us breaching this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or for any business loss.

If you are a business

19.4       If you purchase Products as a business customer, except to the extent expressly stated in these Conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

19.5       If you purchase Products as a business customer, subject to clause 19.1:

(a)         we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

(i)           loss of profit, business, revenue, capital, anticipated savings and/or goodwill; or

(ii)          any indirect or consequential loss; arising under or in connection with any Contract between us.

  1. YOUR LIABILITY

20.1       Whether you are a business or a consumer, you shall indemnify and keep us indemnified from and against any liability, penalty, costs, claims, damages, loss and/or expense incurred or suffered, whether or not foreseeable and howsoever arising:

(a)         as a result of incorporating property in the Products; or applying any patent, registered or unregistered design, copyright, trademark, trade name or design to the Products; in each case on your instructions, suggestions or specifications, or complying with any other instruction of yours relative to the Products; and/or

(b)         in relation to any third-party claims arising from the use, installation, or dealings by you in the Products (irrespective of whether or not they involve our negligence), except as a result of our fraud or willful default; and/or

(c)          as a result of your negligence, default or breach in respect of this or any other contract you may have with us.

20.2       You shall notify us forthwith of any claim made or action brought or threatened alleging infringement of the rights of any third party. We shall have sole conduct of any proceedings or claim. You shall provide us with all assistance in connection therewith as we shall request.

  1. FORCE MAJEURE

21.1       We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract if the delay or failure was due to any events outside of our reasonable control including without limitation a technical failure of the Website, act of God, explosion, flood, fire, epidemic, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party), inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

22.1       To find out how we collect, use and share your personal information please read our Privacy Policy available on our Website or by requesting a copy from admin@midlandfire.com.

  1. OTHER IMPORTANT TERMS

23.1       We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and will ensure that the transfer does not affect your rights under the contract.

23.2       You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

23.3       This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

23.4       If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions and the Contract shall continue in full force and effect.

23.5       No failure or delay by us to exercise any right or remedy we may have provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy we may have. No single or partial exercise of such right or remedy by us shall prevent or restrict the further exercise of that or any other right or remedy.

23.6       These Conditions are governed by English law and you can bring legal proceedings in respect of the Products in the courts of England and Wales. If you are a consumer and you live in Scotland or Northern Ireland, you can bring legal proceedings in respect of the Products in the courts of the region you are located.

23.7       If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. A list of certified ADR providers, and the sectors they cover, can be found at: http://www.tradingstandards.uk/ADRbodies. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

23.8       If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

These are the Conditions on which we shall supply Products to you. Please read these terms carefully before you place an Order with us.

We reserve the right to make changes to these Conditions which shall take effect when posted on our Website or printed in our Catalogue or made available to you by email or in writing. You are responsible for regularly checking these Conditions and the date of last update. Unless you have notified us in writing that you do not accept the changes, by continuing to place an Order you will be deemed to have accepted any changes to the Conditions.

  1. Interpretation

1.1         In these Conditions the following words shall have the meanings set out below:

“Branded Products” means Products with the Midland Fire Security Services Ltd brand or any other brand Midland Fire Security Services Ltd own and use from time to time.

“Catalogue” means the latest issue of the Midland Fire Security Services Ltd Product Catalogue.

“Conditions” means the standard terms and conditions of supply of Products set out in this page.

“Contract” means a legally binding contract for the sale and supply of Products and made in accordance with these Conditions.

“Order” means an order placed by you either via our Website, by telephone, fax or email for the purchase of Products.

“Price” means the price of the Products as displayed on our Website, advised to you or as displayed in our Catalogue.

“Products” means the products described in the Order.

“Website” means the website operated by Midland Fire Security Services Ltd or such other website address operated by Midland Fire Security Services Ltd from time to time.

“Working Day” means any day other than a Saturday and Sunday but excluding bank and public holidays in England.

1.2         When we use the words “writing” or “written” in these terms, this includes emails but excludes live chat and any social media content.

1.3         In some areas you will have different rights under these Conditions depending on whether you are a business or consumer. You are a consumer if:

(a) you are an individual; and

(b) you are buying Products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1         Midland Fire Security Services Ltd and the expressions, “MFSS”, “Midland Fire” “we” and “us” and “our” and “the Company” means Midland Fire Security Services Ltd. We are a company registered in England and Wales with registered number 03846886 and have our registered office at Chartwell House, 4 St Pauls Square, Burton Upon Trent, Staffordshire. DE14 2EF. Our registered VAT number is 737982383.

2.2         You can contact us by telephoning our customer service team at 01283 741000 or by writing to us at admin@midlandfire.com

2.3         If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us with your Order.

  1. OUR CONTRACT WITH YOU

3.1         All Orders for Products supplied by us are subject to these Conditions and the placing of an Order by you will constitute acceptance of these Conditions. Our acceptance of your Order will take place either: (i) when we email you to confirm delivery of your Order; or (ii) by providing you with the Products for purchases made; or (iii) in the case of bespoke Products, when we confirm acceptance of your Order (whether verbally or in writing), at which point a Contract will come into existence between you and us.

3.2         If we are unable to accept your Order for any reason, we will inform you of this and will not charge you for the Products.

3.3         We only accept orders via our Website from addresses in the UK and specified countries within the EU.

3.4         We only supply Products for purchase by adults and we do not sell to children. By continuing to place an Order you confirm you are an adult.

  1. TRADE CREDIT ACCOUNTS

4.1         If you wish to open a trade credit account, we will ask you to complete and sign an application for trade credit account form (“Account Application Form”). Until an Account Application Form has been received and a trade credit account approved (in writing) by us, Orders will not be accepted onto the trade credit account until cleared funds have been received. We will treat having received payment by credit card as us having received cleared funds. We reserve the right, in our absolute discretion, to grant, refuse, or discontinue any credit facilities or reduce or suspend any credit limit at any time and demand immediate payment of all monies outstanding.

4.2         Unless otherwise agreed by us in writing, sums due on a trade credit account are payable by the last Working Day of the month following the month in which delivery of the Products takes place. If you exceed any agreed credit limit, we may demand immediate payment of all amounts outstanding from you to us on any account.

  1. OUR PRODUCTS

5.1         All images are for illustrative purposes only. Although we have made every effort to display the colours of Products accurately on our Website and in our Catalogue, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

5.2         The packaging of the Product may vary from that shown in images on our Website or Catalogue.

5.3         If we are supplying any Product to specifications you have given us, you are responsible for ensuring that these specifications are correct.

  1. SAMPLES

6.1         Any samples provided to you at your request must be returned to us in good condition within ninety (90) days of receipt or such shorter period as we may specify. We may charge the market value of all samples not so returned. Such market value will be the market value on the date when the sample was due to be returned.

6.2         Samples provided by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions.

6.3         Goods are not sold by sample or description.

  1. YOUR RIGHTS TO MAKE CHANGES

7.1         If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the Price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. OUR RIGHTS TO MAKE CHANGES

8.1         We reserve the right in our absolute discretion to make any changes to the Products which do not materially affect the quality or nature of the Products. We may also change the Product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the Product.

  1. SELLING OUR PRODUCTS

9.1         You may resell any of our Products in the ordinary course of your business. However, you may not resell any Branded Products on Amazon, eBay or any other online trading platform.

  1. DELIVERY

10.1       The costs of delivery will be as displayed on our Website or Catalogue or as advised to you via telephone or email.

10.2       During the Order process we will let you know when we will deliver the Products to you. Any delivery dates are estimates only but we will reasonably endeavour to deliver the Products to you as soon as reasonably possible, unless we agree with you another delivery date.

10.3       If you have asked to collect the Products from us, you can collect them from us at any time during the opening hours of our premises, once we have confirmed the Products are available to collect.

  1. RISK AND OWNERSHIP

11.1       Ownership of the Products will not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of the Products and all other sums which are, or which become due to us from you on any account.

11.2       Until ownership of the Products has passed to you, you must:

(a)         hold the Products on trust for us;

(b)         store the Products (at your own cost) separately from all other goods owned by you or any third party so that they are identifiable as our property and clearly labelled as such;

(c)          not destroy, deface or obscure any identifying mark or packaging on or relating to the Products;

(d)         maintain the Products in satisfactory condition insured on our behalf for their full Price against all risks;

(e)         hold any proceeds of such insurance on trust for us separately from any other money, and not pay the proceeds into an overdrawn bank account or allow any such bank account to become overdrawn; and

(f)          allow us access to any premises where the Products are held at any reasonable time to enable us to inspect the Products and verify that you have complied with your obligations under this Condition 9.3.

11.3       You may resell the Products before ownership has passed to you provided such sale is:

(a)         in the ordinary course of your business at full market value and you will account to us accordingly; and

(b)         on your own behalf and you deal as principal when making such sale.

11.4       If we cannot determine which goods are the Products, you will be deemed to have sold all Products sold by us to you in the order in which they were invoiced to you.

11.5       We will be entitled to recover payment for the Products notwithstanding that ownership of any Products has not passed from us.

11.6       In the event you fail to pay for the Products when due (and without prejudice to any other rights we may have under these Conditions) we may demand the immediate return of the Products at any time and you will forthwith comply with such demand and bear the expenses for such return.

11.7       If you fail to return the Products in accordance with Condition 9.7, you will be deemed to grant to us (or our successors in title for the Products) and our respective employees and agents an irrevocable licence to enter onto any premises where the Products are or may be situated for the purpose of removing the Products (the cost of doing so shall be borne by you) and to sell or otherwise deal with such Products.

  1. CANCELLATION

12.1       You may cancel the Contract and return any unused Products for any reason and at any time within 30 days of the date you receive your Order, providing the goods are in “as new” condition. Where an Order is to be delivered in installments and you are a consumer, the 30 day cancellation period will commence on the day you receive the last delivery.

12.2       There will be no right to cancel the Contract if you have ordered non-returnable Products or Products made or modified to your specification or once the Products have been manufactured, installed or become mixed inseparably with other items.

12.3       You can cancel the Contract by:

(a)         Calling us on 01283 741000 or in writing at admin@midlandfire.com. Please provide your name, address, details of the order, your phone number and email address.

(b)         Writing to us, including details of what you bought, when you ordered or received it and your name and address.

12.4       If you cancel the Contract, you must return the Products (including all packaging and manuals) to us within 14 days of telling us you wish to cancel. You must either return the Products in person or by post to us or (if they are not suitable for posting) allow us to collect them from you. We reserve the right to charge a handling fee/restocking fee if we receive the Products after the 14 day period.

12.5       We will only pay the costs of return if the Products are faulty or mis-described. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

12.6       If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

12.7       Refunds will be made as soon as possible and by the same method you used for payment. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with satisfactory evidence that you have sent the Products back to us.

12.8       Products must be returned in a re-saleable condition. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

  1. OUR RIGHTS TO CANCEL THE CONTRACT

13.1       We reserve our right to cancel the Contract if:

(a)         you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

(b)         you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, where you have Products ordered to specification;

(c)          you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;

(d)         you enter into any compromise or arrangement with your creditors, or if an order is made or an effective resolution is passed for your winding up (except for the purposes of amalgamation or reconstruction as a solvent company) or if a petition is presented to court, or if a receiver, manager, administrative receiver or administrator is appointed in respect of the whole or any part of your undertaking or assets;

(e)         you cease or threaten to cease to carry on your business;

(f)          you are made bankrupt; or

(g)          you breach these Conditions or any other agreement we may have with you.

13.2       If we end the Contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the Contract.

13.3       We may write to you to let you know that we are going to stop providing the Products. We will let you know before despatch of the Products if we stop the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.

  1. DAMAGED PRODUCTS / INCORRECT ORDER

14.1       If you receive any Products that are damaged or receive an Order that is incorrect you must notify us within 14 days of receiving your Order by calling us on 01283 741000 or emailing us at admin@midlandfire.com.

14.2       Without prejudice to your rights under clauses 12, 15 or 16, if you receive any Products that are damaged, we shall (at our option) repair, replace or refund any such Products and refund or make good any Orders that are incorrect.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER

15.1       We are under a legal duty to supply Products that are in conformity with this Contract. If you are a consumer, nothing in these terms will affect your statutory legal rights.

15.2       If you wish to exercise your legal rights to reject defective Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Before returning any goods, you must call on 01283 741000 or email us at admin@midlandfire.com for a Return Materials Authorisation (RMA) number and include this RMA number on your returns documentation.

15.3       If we find a Product to be defective, we will either repair, replace or refund the Product in accordance with your statutory rights.

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS

16.1       If you are a business customer (and not acting as a consumer) we will use our reasonable endeavors to transfer to you the benefit of any standard manufacturer warranty or guarantee for the Products.

16.2       Subject to clause 16.3, if:

(a)         you give us notice in writing within a reasonable time of discovery that a Product does not comply with the warranty set out in clause 16.1;

(b)         we are given a reasonable opportunity of examining such Product; and

(c)          you return such Product to us at your cost,

we shall, at our option, repair or replace the defective Product, or refund the price of the defective Product in full.

16.3       We will not be liable for a Product’s failure to comply with the warranty in clause 16.1 if:

(a)         you make any further use of such Product after giving a notice in accordance with clause 16.2(a);

(b)         the defect arises because you failed to follow our (or the manufacturer’s) oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

(c)          the Product is not used for its intended purpose;

(d)         the defect arises as a result of not following any drawing, design or specification supplied by you;

(e)         you alter or repair the Product without our written consent; or

(f)          the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.

16.4       Except as provided in this clause 16, we shall have no other liability to you in respect of a Product’s failure to comply with the warranty set out in clause 16.1.

  1. DESIGN

If we provide you with a service to a design a fire alarm system or other scheme, such service will be provided at an additional cost and always on the condition that full payment is made in respect of all Products purchased and subject to clause 19.1 our liability for any defect in the design, (including without limitation any fire alarm system design) whether in contract, tort, (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid by you for the design service. Any drawings, plans, reports, specifications, or other material arising from the development of the fire alarm system design shall remain our absolute property.

  1. PRICE AND PAYMENT

18.1       The price of the Product will be the price indicated on our Website or Catalogue or as advised to you via telephone or email when you placed your Order. VAT shall be charged as applicable.

18.2       If the rate of VAT changes between your Order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the VAT change takes effect.

18.3       We use our best efforts to ensure that the Price of the Products displayed on our Website or Catalogue or advised to you is correct. However, despite our best efforts, there may be instances where there has been an error in the pricing. Where the correct Price is less than our stated Price, we will charge the lower amount. If the Product’s correct Price is higher than the Price stated on our Website or Catalogue or advised to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products delivered to you in respect of such Order.

18.4       Payment for the Products must be made before we dispatch them, unless we have agreed otherwise in writing. We accept payment by most major credit or debit cards as indicated on our Website or advised to you via telephone.

18.5       If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

18.6       We reserve the right to suspend the Contract if you fail to make payment for the Products when due.

  1. LIABILITY

19.1       Nothing in these terms shall limit or exclude our liability for:

(a)         death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)         fraud or fraudulent misrepresentation;

(c)          breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)         defective products under the Consumer Protection Act 1987;

(e)         those matters that may not be excluded by virtue of the operation of the Consumer Rights Act 2015; or

(f)          any other matter that cannot be excluded or limited by law.

19.2       Subject to clause 19.1 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Products under such contract.

If you are a consumer

19.3       If you purchase Products as a consumer, our liability for failure to comply with these terms, will be limited to loss or damage you suffer that is a foreseeable result of us breaching this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or for any business loss.

If you are a business

19.4       If you purchase Products as a business customer, except to the extent expressly stated in these Conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

19.5       If you purchase Products as a business customer, subject to clause 19.1:

(a)         we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

(i)           loss of profit, business, revenue, capital, anticipated savings and/or goodwill; or

(ii)          any indirect or consequential loss; arising under or in connection with any Contract between us.

  1. YOUR LIABILITY

20.1       Whether you are a business or a consumer, you shall indemnify and keep us indemnified from and against any liability, penalty, costs, claims, damages, loss and/or expense incurred or suffered, whether or not foreseeable and howsoever arising:

(a)         as a result of incorporating property in the Products; or applying any patent, registered or unregistered design, copyright, trademark, trade name or design to the Products; in each case on your instructions, suggestions or specifications, or complying with any other instruction of yours relative to the Products; and/or

(b)         in relation to any third-party claims arising from the use, installation, or dealings by you in the Products (irrespective of whether or not they involve our negligence), except as a result of our fraud or willful default; and/or

(c)          as a result of your negligence, default or breach in respect of this or any other contract you may have with us.

20.2       You shall notify us forthwith of any claim made or action brought or threatened alleging infringement of the rights of any third party. We shall have sole conduct of any proceedings or claim. You shall provide us with all assistance in connection therewith as we shall request.

  1. FORCE MAJEURE

21.1       We shall not be liable to you or be deemed to be in breach of any Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract if the delay or failure was due to any events outside of our reasonable control including without limitation a technical failure of the Website, act of God, explosion, flood, fire, epidemic, accident, war, terrorism, sabotage, insurrection, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, industrial actions or trade disputes (whether involving our employees or those of a third party), inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

22.1       To find out how we collect, use and share your personal information please read our Privacy Policy available on our Website or by requesting a copy from admin@midlandfire.com.

  1. OTHER IMPORTANT TERMS

23.1       We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this and will ensure that the transfer does not affect your rights under the contract.

23.2       You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

23.3       This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

23.4       If any provision of these Conditions or the Contract is found by any competent authority or a court of law to be invalid or unenforceable for any reason, the remainder of these Conditions and the Contract shall continue in full force and effect.

23.5       No failure or delay by us to exercise any right or remedy we may have provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy we may have. No single or partial exercise of such right or remedy by us shall prevent or restrict the further exercise of that or any other right or remedy.

23.6       These Conditions are governed by English law and you can bring legal proceedings in respect of the Products in the courts of England and Wales. If you are a consumer and you live in Scotland or Northern Ireland, you can bring legal proceedings in respect of the Products in the courts of the region you are located.

23.7       If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. A list of certified ADR providers, and the sectors they cover, can be found at: http://www.tradingstandards.uk/ADRbodies. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

23.8       If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Last updated 19/05/19

Service Contract Terms and Conditions

This Fire alarm System Service Agreement is entered between Midland Fire Security Service Limited (MFSS) herein referred to as the Company or Contractor and the Client.

1. General
Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.

2. Prices
The price for the supply of good and services are set out in our quote. We shall invoice you on delivery and in counterpart to this agreement. The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.

3. Performance
We will maintain your fire alarm service system items within a reasonable time. If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable. If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost materials and/or labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.

4. Payment
Unless the Agreement/Confirmation or Quote provides otherwise, the price for the goods and/or services shall be payable no later than 7 days from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days’ notice, to charge you for costs and expenses incurred in recovering late payments.

5. Warranty
We warrant that as from the date of delivery for a period of 12 months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials. Any additional warranties described in the specification document are manufacturer’s warranty only. We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

6. Duration of Contracts
Contractor shall provide fire alarm system maintenance/repair/testing services as described to the Clients. Fire alarm system maintenance/repair/testing services shall be provided for the Client. The term of this Agreement shall be 3years from date of handover. However, the total duration of this Agreement, including the exercise of any option(s) under this clause, shall not exceed three (3) years. This contract can be renewed after its duration. Contract shall be effective upon approval of the Client.

7. Restriction
Client are not allowed to use any other company not related to MFSS as long as this agreement is in full force as using any other company for the same task to be done by MFSS is considered a breach of this agreement by client.

8. Right to Cancel
We will permit you to cancel this Agreement by sending written notice no later than 7 days after the date on which this Agreement has been signed. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse [or] retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.

9. Liability
Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement. At no stage is Company responsible for consequential loss.

10. Governing Law and Jurisdiction
Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.

11. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This agreement and any other business documents such as quotation or Invoice are exhibit to this deal and are accepted has one.

12. Existing Equipment
Contractor does not accept responsibility or any liability for the performance or reliability of equipment or wiring that has not been approved, supplied and/or installed by Company or their appointed Contractors. Company has not made provision within the proposed quote to remove previous fire protection systems or equipment and as such is outside scope of the quoted work. However Company can conduct these services at additional cost.

By Accepting our quotation and issuing an instruction to proceed, the Company and Client hereby certify that this bid is true and accurate for the services to be provided.

Last updated: 18/07/19

CSR Statement

CSR is a voluntary, ethical and strategic approach to action (including action beyond legal requirements) and stakeholder engagement, in support of improved environmental and societal impacts. The aim is to produce value for both the organisation and the wider society in which it operates.

The Directors believe that the long-term future of the Company is best served by acknowledging the interests of all stakeholders, our customers, and members of staff, shareholders and the wider community. The company is committed to its corporate social responsibility activities and will continue to report on them. The company continues to develop a range of policy statements which are available upon request and posted on the company notice board.

Ethics

The company insists that its business activities are conducted in accordance with continuously high standards, and all policy statements provide a framework for achievement of those standards and our sub-contractor code of ethics requires the same high standards.

Apprentices

The company currently employs five apprentices, this in relation to the total number of staff is a far greater percentage than all larger companies, apprentices are taken from the local community thereby helping the local area, many are related to existing staff members, the Directors believe this provides a stronger work ethic and commitment to the company. The Directors are committed to continuing to provide apprenticeships within the company, providing for the future workforce and staff who can help the company grow

Supply chain

All suppliers are based within a five-mile radius of the head office, this keeps business within the local community and reduces the environmental impact of deliveries from long distances, keeping CO2 emissions down. The company maintains a stock of materials within the head office, reducing the need for deliveries of small amounts of materials, or emergency deliveries. Likewise, all company vehicles contain a stock of regularly used spares, so repairs can be carried out whilst we are on site, removing the need for deliveries to site, or a revisit to site to carry out the work.

Vehicles

All vehicles purchased are Euro 6 meaning they have been designed to tackle the issue of air pollution, the Euro vehicle emission standards have become slowly more stringent, pushing manufacturers to produce ever more efficient and environmentally friendly cars.

They cap the levels of harmful exhaust emissions that a vehicle produces on the road.

The Directors intend to purchase a multi-seat vehicle, so several staff can travel to one site in one vehicle, the Directors strongly promote car sharing for meetings etc.

Health & Safety

The company fully complies with all current regulations, both H&S and environmental, employing external consultants to ensure all staff are kept safe, the company is accredited to SSIP, with audits carried out regularly to ensure all staff understand these requirements

Charitable donations

The Directors support a number of local charities, either through sporting events, as detailed on the website, or by making donations, more recently to the local charity Scropton RDA, this also includes providing staff to carry out work free of charge to support the charity”

The following email disclaimer applies to all emails sent by Midland Fire Security Services Ltd.

The email you have received together with any attachments is for the exclusive and confidential use of the addressee(s) and may contain legally privileged information. Any other distribution, use of reproduction without the sender’s prior consent is unauthorised and strictly prohibited.

If you have received a message in error, please notify the sender by email immediately and remove the message from your computer without making any copies.

While attachments are virus checked, the recipient should check this email and any attachments for the presence of viruses.

We accept no liability for any damage caused by any virus transmitted by this email.

Email transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses

Last updated: 19/05/19

Privacy and Cookie Policy

Who we are

Midland Fire and Security Services Ltd is an Electrical Contractor based near Tutbury, Staffordshire. We specialise in Fire Detection, Fire Alarm Systems and Life Safety Systems.

Our website address is: https://www.midlandfiresecurity.co.uk

What personal data we collect and why we collect it

We do not actively collect personal data for marketing purposes. The only data we store is covered by the key lawful basis for data processing set out by ICO in the General Data Protection Regulation (GDPR).

Your name and contact information will be stored with your consent (or implied consent such as making an enquiry on our website) so that we may contact you in relation to your enquiry.

We may contact you in relation to an ongoing contract.

We may contact you in relation to legitimate business interest.

Your data will be kept on record for financial accounting purposes which we are legally required to maintain records of.

Our website uses cookies to help us to monitor traffic through our website. We use Google Analytics. All data is anonymous and no personal data is collected.

Comments

When visitors leave comments on our website we collect the data shown in the comments form, the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to this website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Contact form submissions to this website are collected and processed by us. By completing the contact form you are giving us permission to contact you under the lawful basis defined as ‘legitimate business interest’. Your personal data is not used for marketing purposes. The details of your enquiry will be kept until the query has been resolved and then retained for statistical purposes. Your data will only be used by Midland Fire for the purpose of answering your query unless you have opted in to receive marketing communications.

Akismet Anti-Spam Service

We collect information about visitors who comment on websites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the website, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).

About Cookies

Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.

Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.

Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies on this Website

Google Analytics

Google Analytics Cookies on this website use the following names:

_utma
_utmb
_utmc
_utmz

The cookies named __utma through __utmz come from websites that use Google Analytics, which primarily uses it to track visits.

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.

We may use the information we obtain from your use of our cookies for the following purposes:

(1) to track you as you navigate our website;
(2) to analyse the use of our website;

__utmz stores where a visitor came from (search engine, search keyword, link)
__utma stores each user’s amount of visits, and the time of the first visit, the previous visit, and the current visit (presumably partly for double checking of this information).
__utmb and __utmc are used to check approximately how long you stay on a site: when a visit starts, and approximately ends (c expires quickly). If you look at cookie state changes (e.g. using firecookie), you will see these change regularly.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Third Party Cookies

This website does not send third-party cookies.

Embedded content from other websites

Articles on this website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

third party websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Blocking Cookies

On your first visit to our website, a privacy notice will appear at the bottom of the window. Click on learn more. You will be given the option to turn off/on marketing related cookies.

Most browsers allow you to refuse to accept cookies.

In Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector;

In Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.

In Safari you can block cookies by selecting Private browsing.

Blocking all cookies will, however, have a negative impact upon the usability of many websites.

Deleting Cookies

You can also delete cookies already stored on your computer:

In Internet Explorer, you must manually delete cookie files;

In Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you “clear private data” (this setting can be changed by clicking “Tools”, “Options” and “Settings” in the “Private Data” box) and then clicking “Clear private data” in the “Tools” menu.

In Safari you can delete cookies by selecting preferences, then privacy, then details and then remove all.

Obviously, doing this may have a negative impact on the usability of many websites.

Who we share your data with

This website is based on WordPress (a content management system) and by default, it does not share your personal data with anyone.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this website, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service. Any messages sent to us via a contact form on this website are sent by email directly to us for processing.

Contacting Us

If you have any questions about this privacy notice, or if you wish to exercise your rights or contact the DPO (Data Protection Officer), please use the contact details on the contact us page.

Changes to this Policy

From time to time we may update this Privacy Policy in line with website changes that may affect the personal information we gather about you. It is assumed that you accept such changes if you continue to use this website and services. If you do not accept such changes then you should stop using the Midland Fire website and services, and contact us if you would like any information removed.

Contact us today to discuss your next project or request a site assessment.

01283 741000
Monday-Friday: 08:30-16:30
info@midlandfire.com



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