This Guarantee is in addition to your¬†statutory and other legal rights¬†and is subject to the following¬†terms and conditions together with¬†the Company‚Äôs standard Terms¬†and Conditions enforced from¬†time to time and the Company‚Äôs¬†Consequential Loss.
In this Guarantee:
1.1 ‚ÄúThe Company‚ÄĚ means Alexandra¬†Security Limited (Registered Company¬†No: 08524615) of Perimeter Works,¬†Whetsted Road, Five Oak Green,¬†Tonbridge, Kent, TN12 6PZ.
1.2 ‚ÄúComplete Mesh System‚ÄĚ means¬†posts, panels and fixings procured¬†together. Individual components are¬†not covered by this guarantee but¬†are subject to the Company‚Äôs normal¬†obligations regarding quality.
1.3 ‚ÄúThe Customer‚ÄĚ means any¬†person, firm, company or other legal¬†entity requiring goods or services¬†from the Company and includes¬†the employees, servants, agents,¬†principals (whether disclosed or¬†undisclosed) or subcontractors of any¬†such person, firm, company or other¬†legal entity.
1.4 ‚ÄúGoods Specification‚ÄĚ means any¬†specification for the Goods, including¬†any relevant plans or drawings that¬†are agreed in writing by the Customer¬†and the Company.
1.5 ‚ÄúGuarantee‚ÄĚ has the meaning¬†given in clause 3.
1.6 ‚ÄúOrder‚ÄĚ means the Customer‚Äôs¬†order for the Products, as set out¬†in the Customer‚Äôs purchase order/¬†purchase invoice form and/or written¬†acceptance of the Company‚Äôs order¬†confirmation.
1.7 ‚ÄúProducts‚ÄĚ means any products in¬†the mesh product scheme (separate¬†list available on request) to be¬†supplied by the Company to the¬†Customer.
1.8 ‚ÄúTerms and Conditions‚ÄĚ means the¬†terms and conditions set out in this¬†document.
In this Guarantee, the following rules¬†apply:
2.1 A person includes a natural¬†person, corporate or unincorporated¬†body (whether or not having separate¬†legal personality).
2.2 A reference to a party includes its¬†personal representatives, successors¬†or permitted assigns.
2.3 A reference to a statute or¬†statutory provision is a reference to¬†such statute or provision as amended¬†or reenacted. A reference to a statute¬†or statutory provision includes any¬†subordinate legislation made under¬†that statute or statutory provision, as¬†amended or re-enacted.
2.4 Any phrase introduced by the¬†terms including, include, in particular¬†or any similar expression shall be¬†construed as illustrative and shall not¬†limit the sense of the words preceding¬†those terms.
2.5 A reference to writing or written¬†includes faxes and e-mails.
3.1 The Guarantee applies when a¬†Complete Mesh System is purchased¬†from the Company.
3.2 The Company guarantees that¬†on installation of a complete mesh¬†system and for a period of fifteen¬†years the Products shall be free from¬†material defects in design, material¬†and workmanship.
3.3 If you are a consumer, this¬†Guarantee is in addition to your legal¬†rights in relation to Products that are¬†faulty or not¬†as described. Advice about your legal¬†rights is available from your local¬†Citizens‚Äô Advice Bureau or Trading¬†Standards office.
4. CLAIM CONDITIONS
4.1 The Guarantee must be requested¬†at the time the Order is placed with¬†the Company.
4.2 The postcode of the site intended¬†for installation must be supplied at¬†the time of order.
4.3 A signed copy of the Guarantee¬†must be kept on site and be available¬†for presentation to the Company at¬†any time upon reasonable request.
4.4 All claims must be immediately¬†made in writing to the Company and¬†accompanied by evidence of the¬†Product failure/coating damage,¬†including an estimated repair costs.
4.5 If for any reason the substrate of¬†a Product is exposed, a good rich zinc¬†coating must be applied immediately.
4.6 Where required, the Company is¬†given a reasonable opportunity to¬†examine the defective Products.
4.7 The Customer will carry out and¬†permit any reasonable action required¬†by the Company in order to avoid a¬†claim or prevent further damage.¬†Alexandra Security Ltd, Perimeter¬†Works, Whetsted Lane, Five Oak¬†Green, Tonbridge, TN12 6PZ
4.8 Where applicable, damaged¬†Products must be returned to the¬†Company within 28 days.4.9 Replacement Products will be¬†collected from the Company or¬†transport arranged at the expense of¬†the Customer.¬†These Terms and Conditions shall¬†apply to any repaired or replacement¬†Products supplied by the Company.
5. GUARANTEE EXCLUSIONS
5.1 The Guarantee in clause 3 does not¬†apply to any defect in the Products¬†arising from:
5.1.1 transportation, loading or¬†unloading;
5.1.2 poor installation or¬†maintenance;
5.1.3 fair wear and tear;
5.1.4 wilful damage, negligence,¬†or abnormal working conditions,¬†accident, negligence by you or by¬†any third party;
5.1.5 use other than as what the¬†Products were originally designed¬†for or failure to use the Products¬†in accordance with the user¬†instructions;
5.1.6 defects arising as a result¬†of the Company following¬†any drawing, design or Goods¬†Specification supplied by the¬†Customer;
5.1.7 any written acceptance of¬†the Company‚Äôs order confirmation¬†supplied by the Customer in¬†relation to any drawing, design or¬†Goods Specification;
5.1.8 any external environmental¬†factors or influences including¬†but not limited to force majeure,¬†war, malicious damage, fire, flood,¬†storm, rise in water table, change¬†in humidity levels, earthquakes,¬†subsidence.
5.1.9 installation in an environment¬†that subjects the Products to¬†chemicals, steam, liquids, dust,¬†toxic materials, contamination, or¬†cleaning with any such products;
5.1.10 installation in an area that¬†is within less than 8,100 metres of¬†the sea;
5.1.11 any adjustments or¬†modifications whatsoever made by¬†the installer to the original system;
5.1.12 any alterations or repairs to¬†the Products without the written¬†consent of the Company;
5.1.13 any alteration or repair by¬†you or by a third party who is not¬†one of our authorised repairers;
5.1.14 Products consisting of¬†different heights of fencing and¬†posts than what was supplied with¬†the original Order;
5.1.15 any damage to Products, or¬†individual components which have¬†not been supplied by the Company;
5.1.16 the Products differing¬†from their description as a result¬†of changes made to ensure they¬†comply with applicable statutory or¬†regulatory standards
5.1.17 defects arising because¬†the Customer failed to follow¬†the Company‚Äôs oral or written¬†instructions (maintenance¬†procedure available on request)¬†as to the storage installation,¬†commissioning, use or maintenance¬†of the Products or (in the absence¬†of express instructions) good trade¬†practice.
5.2 Any claim in respect of injury,¬†death, disease, illness or loss damage¬†to any material property (other¬†than the product guarantee) or any¬†financial or consequential loss or¬†damage of any kind or description¬†arising from the carrying out of the¬†works or any subsequent repair work¬†arising from the client or any other¬†party.
6. AGREED CLAIMS
6.1 Any agreed claims between the¬†Company and the Customer will be¬†subject to the following contributions¬†by the Company in respect of¬†replacement costs:
6.1.1 Agreed claims within years¬†one to three: 100%
6.1.2 Agreed claims within years¬†four to six: 80%
6.1.3 Agreed claims during years¬†seven to ten: 60%
6.1.4 Agreed claims during years¬†eleven to fifteen: 30%
6.2 This Guarantee will be deemed to¬†have terminated after the fifteenth¬†year.
7. ADDITIONAL PROVISIONS
The Guarantee, and any dispute or¬†claim arising out of or in connection¬†with it or its subject matter or¬†formation (including non-contractual¬†disputes or claims), shall be governed¬†by, and construed in accordance¬†with, English law, and the parties¬†irrevocably submit to the exclusive¬†jurisdiction of the English Courts.