The installation of the Security Grid components into your Premises does not constitute the provision of insurance to you. Only you know the value of your Premises, its property and contents and the importance of your personal safety. DFS is not and cannot be an insurer of you, your Premises and its contents and DFS's charges are not related to their value. The fire and security industry is unique having regard to the relatively low cost of the Services and the high values which can be at risk. For this reason, we provide you with the details of liability that DFS will accept under its agreement with you, these are set out in condition 7 of the terms and conditions. You should also read Condition 6 on page 4.
If you would like to increase these levels of liability under this agreement, you will need to speak to your DFS representative to make the necessary arrangements. In such an instance we would need to obtain the necessary liability coverage with our own insurers and you will have to pay an extra charge so we can arrange the appropriate insurance to cover us for this extra liability. You may also be required to give us additional information that our insurers may need to put a higher liability level in place. Consumer Rental Agreement Terms and Conditions
1.1 For new Systems we will rent and install a System for you. We will be the owner of and retain title to the System at all times. While we own the System, upon reasonable notice to you, we may remove, disable and/or abandon the System installed in your premises, without any obligation to repair or redecorate any portion of your premises where parts of the System were installed, and the removal, disablement and/or abandonment of the System shall not be a waiver of our right to collect any charges owed by you under this agreement.
1.2 We will carry out the Routine Inspections to the System during Normal Working Hours.
1.3 We will repair the System during Normal Working Hours when you ask us to do so. We will not charge you for the repair if it is covered by our Comprehensive Service Level Package in condition 5. You must pay for all other work and visits. See conditions 9 and 10.
1.4 If you ask us to do so, we will visit your Premises outside Normal Working Hours. There will be an extra charge for this, unless this is covered by the Service Level you have chosen.
1.5 After the Start Date, there may be a delay while the telecommunication
links between the Premises and the Alarm Receiving Centre are set up and activated.
1.6 Once the telecommunication links are setup, we will monitor the signals received from the System at the Alarm Receiving Centre. On receipt of a leak signal we will endeavor to contact you and your Keyholders. On receipt of an intruder signal, we will endeavor to contact you and your Keyholders; on receipt of a smoke detection signal we will endeavor to contact you, your Keyholders and / or fire brigade as appropriate.
2.1 Give us access to your Premises so that we may provide the Services for the System and allow us to take apart or remove the System after this Agreement has ended. You shall remove any materials, ceiling tiles and other objects obstructing access to the System or any part of it.
2.2 Use your best efforts to make sure that your Premises and any equipment you provide are safe and without risk for our employees and agents to do what we must do under this agreement. When you place your order, you must also tell us the location of any concealed pipes and wires which may affect the System and the Services and about any known risks and any hazardous materials at your Premises.
2.3 Provide and maintain a dedicated 240 volt AC unswitched power supply and sound electrical earthling connection where it is required for us to carry out the Services. The power supply must be installed by an approved electrician to the relevant regulations and must be safe.
2.4 Provide information about you, your Premises, your Keyholders and any other relevant information so we can provide the Services. You must write to us to tell us of any changes to this information.
Notify your Keyholders that we will contact them and may need to write to them.
2.5 Operate the System according to the requirements and any instructions and user's handbooks we issue to you from time to time.
2.7 Be responsible for and compensate us against all liabilities, claims, losses or expenses we suffer if caused:
- because you or others have damaged or not used the System according to the specification or operating instructions;
- as a result of the connection of the System to any equipment or device not supplied by us;
2.8 Tell us at once:
- of any defect or fault in the System;
- if anyone tampers with the System;
- if any part of the System is damaged or stolen; or
- if the System has been subjected to any unusual operating or environmental conditions.
3.1 You must not move or tamper with or attempt to repair the System or allow others to do so.
3.2 You must not transfer or assign any of your rights or obligations under this Agreement
3.3 We own the System, therefore you must not part with possession of the System or try to sell it, or do anything which may affect our ownership of the System.
4.1 The System is designed to reduce the risks of loss or damage to your Premises and those persons occupying it by providing you with early warning of fire based on smoke concentration, but only in so far as this can be done by the use of this type of equipment. However we do not guarantee that the System cannot be removed, tampered with or made to stop working by you or by any unauthorized person or surrounding circumstances. If this happens, we are not responsible for any losses you may suffer directly or indirectly. 4.2 We do not guarantee to you that:
4.3 Our products are designed and manufactured to high standards. However, even our products, like all mechanical and electronic devices, can develop faults.
4.4 We do not know the value of your Premises or its contents and the purpose of this agreement is not to act as insurer of your Premises or your contents.
5.1 The Comprehensive Services Level Cover does not apply to faults caused by the following:
6.1 Unless we are prevented from doing so by an event which is beyond our reasonable control, we will ensure that we will install the System using reasonable care and skill in accordance with statutory and regulatory requirements if applicable, and we will try our best to install the System within a reasonable time.
6.2 We accept that we must make sure that the System is of satisfactory quality, that it is suitable for the purpose in conditions 4 and that the System will meet with the description provided before it was installed.
6.3 The commitment of services provided to you in condition 6.1 and 6.2 are in addition to your legal rights in relation to instances where the System does not conform with these terms and conditions or where the installation of the System is not carried out with reasonable skill and care or which otherwise do not conform with these terms and conditions.
6.4 These terms and conditions apply to any replacement System that we supply to you in the unlikely event that the original System does not conform with these terms and conditions and to any re-performed installation of the System where the original installation did not conform with these terms and conditions.
6.5 You must provide us, in sufficient time, with any information and instructions relating to the installation of the System that is or are necessary to enable us to provide to you the System, including the installation of the same, in accordance with these terms and conditions.
6.6 In the unlikely event that the System does not conform with these terms and conditions, please let us know as soon as possible after we have installed it. We will at our election either:
- provide you with a full or partial refund, depending on what is reasonable; or
- provide you with a replacement System
6.7 In the unlikely event that the installation of the System does not conform with these terms and conditions, please let us know as soon as possible after we have carried out the installation. We will at our election either:
- provide you with a full or partial refund, depending on what is reasonable; or
- re-perform the installation.
6.8 If you have any questions regarding the commitment of services set out in condition 6 please call us at our Customer Service Centre.
7.1 Our liability to you in the event that a defect in the System or our negligence directly causes you to suffer loss will be limited to the value of the damage caused to your Premises or its contents up to a maximum amount of 500,000 INR, subject to conditions 7.3 and 7.4 . For example, if any part of the System that we provide to you is faulty and causes a fire within your Premises which damages your Premises or any of its contents, any claim you may make will be limited under this condition. Another example would be where one of our engineers negligently installs part of the System by drilling through a water pipe which causes your Premises to flood. In each of these examples, we would be liable to you for up to 500,000 INR for any damage caused to your Premises and its contents.
7.2 Our liability to you in the event that a defect in the System or our negligence indirectly causes you to suffer loss will be limited to the value of the damage caused to your Premises or its contents up to a maximum amount of 50,000 INR, subject to conditions 7.3 and 7.4. For example, an indirect cause of loss could be an instance where
a defect in the System means that you are not warned (or where the emergency services are not warned) about a fire, an intruder, within the time period you had anticipated. In this case, the damage to your premises or the theft of any of your belongings will not have been directly caused by us.
However, we recognize that the fault in our System has meant that you were not able to take action to seek to minimize the damage caused by the fire, intruder which may have resulted in you incurring an increased level of damage and/or loss to your Premises and belongings. The reduced limit on our liability to you compared to condition 7.1 as set out in this condition 7.2 reflects the fact that we were not the direct cause of the losses that you suffer.
7.3 We will not be responsible to you for any of the following, which will include, without limitation, any death or personal injury that is not caused by our negligence:
(c) Delays, interruptions or suspensions in providing the services, which are due to any other person (including you), thing or event which we could not reasonably be expected to prevent.
(d) Loss due to the fact that equipment or cabling not supplied by us is incorrectly connected or installed to the System.
(e) Losses resulting directly from:
(i) police, fire or other authority failing to act in accordance with Emergency Response;
(ii) a signal transmitted to the Alarm Receiving Centre not being received by us for reasons beyond our control;
(iii) the failure of any cables or wiring installed within the fabric of the Premises or buried underground prior to the start date; or
(iv) the activation of a circuit breaker which affects the power supply to any part of the System; or
(v) any other cause beyond our reasonable control and not caused by our failure to exercise reasonable skill and care.
(f) Losses due to you failing to follow our recommendations in condition 8, or given at any time for additions, repairs or any work required to the System.
(g) Losses arising from usage of the System which falls outside of the intended purpose of the System in condition 4.
(h) Damage unavoidably caused to decorations, fittings and the like at the Premises as a result of the installation of the System or our providing the services.
For example, any damage which is caused but does not result from our breach of this agreement or our own negligence.
7.4 Please note that in respect of any liability that we may owe to you in accordance with the provisions of conditions 7.1 and 7.2 above, we will not be responsible for indirect losses which happen as a side effect of the main loss or damage and which are not reasonably foreseeable by you or us including, but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings; or
- waste of management or office time however arising .
7.5 Our responsibility to you will end if the agreement is brought to an end or the Services are suspended under condition 11.
8.1 Due to the purpose of the System in condition 4, the commitment of services offered to you in conditions 5 and 6, and the limits of our responsibility to you in conditions 6 and 7, you acknowledge that we are not an insurance provider. WE STRONGLY RECOMMEND THAT YOU SHOULD TAKE OUT SEPARATE INSURANCE TO COVER YOUR PREMISES AND THE PERSONS AT AND THE CONTENTS OF YOUR PREMISES. The limits of liability set out in condition 7 reflect the cost of the System to you.
8.2 We recommend that you insure the security system from the time it is delivered to your Premises as part of your existing insurance cover which you may have independently from an insurer.
8.4 We recommend that you carry out all appropriate maintenance and testing on your appliances in accordance with the relevant DFS recommendations to minimize the risk in the first instance.
9.1 You are responsible for the charges on the front of this agreement. The charges are excluding any taxes.
9.2 (a) After the first year from the Start Date and in the years following, we can increase the service charge to cover an increase in the cost of providing the Services. We will tell you in writing of the increased amount which will take effect from the anniversary of the Start Date.
(b) If you do not agree with the increase, you have one month from the date of receiving our request for payment to end the agreement by giving 3 months' notice in writing to us. Until the end of that notice period, you will still have to pay the service charge without the increase and we will continue to provide the Services.
9.3 The telecommunication charge may be changed to cover any increased cost to us of providing or changing the telecommunication services relating to the monitoring of the System. The telecommunication charge may also be changed to cover any increased cost imposed by the police, fire or other authority or by a telecommunications agency or any other organization.
9.4 You are also responsible for the following Extra Charges for work done by any other authorities, or by any telecommunications agency or other party.
9.5 You must also pay us extra charges at our rates for labour and materials current at the time where the following apply:
- you, your Keyholder or someone else has failed to follow operating instructions, has not locked door or other protected point, other equipment or components properly or has interfered with the System;
- you, or equipment or devices which we have not supplied have caused a false alarm or a failure of the System;
- your actions or failures, or those of anyone else other than us, mean we need to inspect or make repairs or replace any part of the System;
- rodents, other animals or insects cause damage to or activation of the System;
- there have been fluctuations or failure in the mains electricity supply or where there has been a corruption or failure of the transmission network;
- the activation of a circuit breaker affects the power supply to any part of the System;
- adverse weather conditions cause damage to or activation of the System;
- full insulation or continuity test of wiring is required.
(i) Where consumable items of all kinds fail (consumable are items with finite life, such as batteries).
9.6 Unless we agree to do so, the charges do not include any work involving carpet laying, concealing cables, redecorating, replastering, building or carpentry work.
9.7 There will be an additional charge if you do not provide full access to the areas where our engineers carry out the Services as a result of which we incur extra time or expense.
9.8 Whilst we will make every reasonable effort to work with you or others, any interruptions or delays caused by you or others may result in additional charges.
9.9 If this agreement is brought to an end under conditions 9.2(b) or 11, the following will apply:
10.1 You must pay the Installation and Administration fee referred to on the front of this agreement in advance of installation date by cheque, debit/credit card, payment gateways such as PayTM or cash.
10.2 You must pay the monitoring, maintenance, service, equipment rental and telecommunication charges on agreed frequency as set on the front of this agreement in advance by cheque, debit/credit card, payment gateways such as PayTM.
10.3 You must pay the upfront payment for monitoring, maintenance, service, equipment rental and telecommunication charges referred to on the front of this agreement within 10 working days of installation by cheque, debit/credit card, payment gateways such as PayTM or cash.
10.4 If applicable, You must pay the Extra Charges within 10 working days of the date of our invoice or our request for payment.
10.5 You must pay all other amounts within 10 working days of the date of our invoice or our request for payment.
10.6 We expect you to pay promptly. If payment is overdue, we may charge you interest, from the due date of payment or when we ask for payment until the date you pay, at 8% over the base rate set by Reserve Bank of India.
10.7 We own the System, even when it has been delivered to your Premises and installed there, the System remains our property at all times. You must take good care of the System for us.
10.8 If you cancel this agreement before the end of the Minimum Term you will owe us, as a reasonable estimate of our loss, an amount equal to the service charge which would be due for the remainder of the Minimum Term of the agreement, less 20%. This is because we do not have to monitor and inspect the System and because we are being paid earlier than expected.
11.1 We may end this agreement by giving you at least 3 months' notice in writing the notice must not expire before the second anniversary of the Start Date.
11.2 You may end this agreement by giving us at least 3 months notice in writing, the notice must not expire before the second anniversary of the Start Date.
At any time
11.3 You or we may end this agreement immediately:
11.4 We may either end this agreement or suspend the agreement for a period we consider appropriate if any of the following apply:
11.5 If we give you written notice of suspension, this suspends what we have to do under this agreement (see condition 1) and we have no responsibility until the suspension is lifted. We will tell you in writing if we lift the suspension.
11.6 If the agreement ends, we will stop providing our Services. We may remove the System, or any part of it, from your Premises. We may also disconnect the System to prevent signals being transmitted to the Alarm Receiving Centre.
12.1 We may hand over all our responsibilities under this agreement to another company or transfer any rights under it. We may also employ others to carry out our tasks. This will not reduce your rights under this agreement.
12.2 If you have made this agreement together with someone else, you are liable both jointly and individually to us. 12.3 This agreement is governed by the laws of Republic of India.
12.4 We intend that all conditions of this agreement are in this document.
12.5 All drawings, illustrations, literature, technical data sheets and the like and any weights and dimensions (all of which we reserve the right to alter without notice) that we may provide are intended to present a general idea of the products described and are approximate only and in no case constitute a condition.
12.6 If you or we want to change the conditions of this agreement, it must be done in writing and signed by you and by one of our authorised officers.
12.7 If we do not insist on the strict conditions of this agreement, we may still enforce all the conditions against you on other occasions. If you break a condition and we do not take any action against you, it does not mean that we will not take action against you if you break it again or continue with the same breach without putting it right, or if you break any other conditions.
12.8 Each condition and each separate sub-condition of these terms shall be treated as a separate provision. If any court or other authority finds that any of these conditions or any sub-condition is unenforceable, illegal or invalid, that condition or sub-condition will be deleted from these terms. For the avoidance of doubt, the deletion of any such condition or sub- condition included in condition 7, will not affect the remainder of these terms and conditions.
13 Data Protection
13.1 By signing this agreement you agree to disclose your information to DFS.
13.2 Information Technology Act 2000. We may pass on the information you have given to us under this agreement to any other authority and, except for security details, to any credit agency, debt collection or public telecommunications agency.
14 Arbitration Clause
14.1 All disputes in relation to any matter whatsoever touching the terms and conditions of this agreement shall be referred to single arbitrator which shall be appointed with consent of parties to this agreement.
14.2 All disputes which may arise shall be subject to Bhopal jurisdiction only