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Terms & Conditions - Last updated 29/07/15
IMPORTANT: Your attention is drawn in particular to clauses 9 & 10, which set out CCTV Empire’s liability under these terms and conditions.
In these terms and conditions
"CCTV Empire/We/Us” means CCTV Empire Limited whose registered office is situated at 786 Manchester Road, Castleton, Rochdale, Lancashire, England, OL11 3AW
"Buyer/You” shall mean the person, organisation, firm or company who has signed these terms and conditions and from, or on behalf of whom, Orders are received.
"Product(s)' shall mean the range of CCTV equipment, other product(s) accessories and components supplied by CCTV Empire from time to time.
1.1 "Order” shall mean an Order placed with CCTV Empire at its premises or online at www.cctvempire.co.uk.
2.1 Quotes issued by CCTV Empire shall not constitute a formal offer and any purported acceptance of such quotes shall not constitute a binding contract.
3.0 Orders, Acceptances and Cancellation
3.1 Any Order placed by the Buyer represents a formal offer to purchase the Product(s), which is only accepted by CCTV Empire when we despatch the goods to You.
3.2 Any Order accepted by CCTV Empire shall be strictly subject to, these terms and conditions of sale (or any updated version thereof as notified to the Buyer from time to time). The Buyer understands and agrees that all future Orders accepted by CCTV Empire are subject to these Terms and Conditions regardless of any reference to, or any purported attempt to incorporate, alternative terms by the Buyer when placing any Order.
3.3 These Terms and Conditions represent the entire contract and no variations or other terms (written or oral) shall be incorporated unless confirmed in writing by a director of CCTV Empire.
3.4 No cancellation or amendment of any Order will be accepted unless received by CCTV Empire in writing at least three days before the delivery date notified by CCTV Empire to the Buyer.
3.5 No cancellation or amendment of an Order will be accepted where Product(s) have been manufactured ordered or purchased by CCTV Empire, to meet the Buyer’s requirements or where a special price has been negotiated with the Buyer.
3.6 Subject to clause 10, nothing in this clause 3 affects the Buyer’s statutory rights.
3.7 All prices quoted to the Buyer are on the basis of full quantities ordered by the Buyer. CCTV Empire reserves the right to revise prices in the event of alteration of the quantity of Product(s) ordered.
3.8 CCTV Empire Reserve the right to deny a sale with no reason given
4.0 Price of Product(s)
4.1 Any Order is accepted only on the condition that the price(s) of the Product(s) shall be those in force at the date We despatch the Product(s).
4.2 All prices and other sums payable by virtue of these terms and conditions are subject to the addition of Value Added Tax or such other tax required to be paid by law at the rate for the time being in force. Prices are also exclusive of installation charges and carriage fare.
5.0 Product(s) Specification
5.1 The Buyer shall, within 14 days from and including the date of the delivery of the Product(s), carry out, at its own expense tests to ensure that the Product(s) satisfies the Buyer reference specification as set out in the delivery note, and shall notify CCTV Empire in writing within such 14 day period of any failure of the Product(s) to meet the referenced Product(s) specification. If no such written notice is received by CCTV Empire within such 14 days, the Buyer shall be deemed to have accepted the Product(s) as satisfying the Product(s) specification.
5.2 CCTV Empire reserves the right to alter the specification of any Product(s) by providing alternative Product(s) with similar specification without prior notice to the Buyer and without liability on the part of CCTV Empire.
6.1 CCTV Empire shall use its best endeavours to supply and deliver the Product(s) in accordance with any dates, addresses and any general instructions specified by the Buyer as to delivery, but CCTV Empire shall not be liable for any losses suffered by the Buyer by not complying with such instructions. For the avoidance of doubt, time will not be of the essence in respect of any Order or delivery date unless agreed in writing by a director of CCTV Empire.
6.2 The Buyer shall pay reasonable delivery charges to CCTV Empire in addition to the product price.
6.3 The Buyer shall be responsible for checking the contents of any order on delivery, any discrepancies should be reported within 48 hours of delivery
7.0 Risk & Title
7.1 Risk in the Product(s) shall pass from CCTV Empire to the Buyer on delivery of the Product(s) to the Buyer or the specified delivery address advised by the Buyer.
7.2 The title of the Product(s) shall remain the property of CCTV Empire until payments of all sums owing to CCTV Empire on any Product(s) have been discharged in full.
7.3 The Buyer shall not interfere with any of CCTV Empire’s distinguishing marks or labels attached to the Product(s) before the Product(s) have been paid for in full.
7.4 The Buyer shall store the Product(s) separately from any other Product(s) until they become the Buyer's property or they are attached to or incorporated in other Product(s) or they are delivered to a purchaser by the Buyer.
7.5 If the Buyer sells the Product(s) to a purchaser, ownership of the Product(s) will pass to the Buyer immediately before the Product(s) are delivered to the Buyer's purchaser and the Buyer shall hold the proceeds of the sale on trust for CCTV Empire in a separate bank account. CCTV Empire shall be entitled to trace the proceeds of the sale that the Buyer receives into any bank or any other account that the Buyer maintains.
7.6 In consideration of CCTV Empire agreeing to supply Product(s) to the Buyer and entering into this agreement with the Buyer the Buyer hereby agrees absolutely to assign to CCTV Empire the Buyer's right to recover from the purchaser the price of the Product(s) supplied (by way of purported sale or otherwise) by the Buyer to the purchaser in respect of which Product(s) the Buyer has not paid CCTV Empire in full at the time of the said supply to the purchaser.
7.7 By virtue of the Buyer accepting these terms and conditions, no further action will be necessary by either CCTV Empire or the Buyer to convert this agreement to assign into an absolute assignment, which assignment will be deemed to come into affect simultaneously with the supply of any Product(s) by the Buyer to the purchaser.
7.8 Nothing in this clause 7 shall prevent CCTV Empire from recovering the price of Product(s) supplied to the Buyer directly from the Buyer at any time, save that where CCTV Empire recovers the price from the purchaser by reason of the above assignment credit will be given to the Buyer for any part of the price so recovered.
7.9 Nothing in these provisions shall be taken by way of implication or otherwise as conferring on the Buyer the right to sell or otherwise transfer possession of Product(s) supplied by CCTV Empire to the Buyer.
8.1 Unless terms of credit have been agreed, all Product(s) supplied by CCTV Empire must be paid for by the Buyer before they are despatched.
8.2 Any Buyer requiring a credit facility must complete a credit application form which CCTV Empire will submit to various credit risk agencies for credit worthy assessment. A credit line will only be offered on favourable responses to these credit worthy checks and, in any event, at CCTV Empire’s absolute discretion.
8.3 In respect of any Product(s) supplied by CCTV Empire pursuant to any agreed credit facility, CCTV Empire shall render an invoice to the Buyer on delivery of the Product(s). Payment for the Product(s), delivery charges, any taxes and other sum(s) invoiced shall be due and payable by the Buyer no later than 30 days from and including the date of invoice unless specifically agreed otherwise, and without the right of deduction or set off.
8.4 If a Buyer pays outstanding invoice(s) issued pursuant to an agreed credit facility by way of credit/debit card a 3% surcharge will be added to the invoice(s), which will be payable immediately with the said payment.
8.5 In respect of any Buyer for whom a credit facility is provided, the Buyer shall immediately notify CCTV Empire in writing in the event of any of the following:
a) Change or alteration in registered company or trading name.
b) Change of banker.
c) Any change of Directors, Principals and Partners.
d) Change of your registered or trading address or that of any Director, Principals or Partners.
8.6 CCTV Empire shall be at liberty at any time to vary or suspend any terms of credit or credit limit given to the Buyer.
8.7 Interest and compensation shall be payable by the Buyer in respect of any overdue invoices from the date they became overdue, at the rate prescribed pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 until paid in full. In the event any judgment is obtained by CCTV Empire in respect of any overdue invoices, interest will continue to accrue after judgment at the same rate until paid in full. The amounts are as follows;
(a)for a debt less than £1000, the sum of £40; + 2% interest above the current BOE Rate per calender month.
(b)for a debt of £1000 or more, but less than £10,000, the sum of £70; + 2% interest above the current BOE Rate per calender month.
(c)for a debt of £10,000 or more, the sum of £100; + 2% interest above the current BOE Rate per calender month.
9.1 CCTV Empire warrants that the Product(s) shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979; be reasonably fit for purpose, and; free from defects in materials or workmanship. The period of such warranties shall be as set in the price list that is current at the date of despatch of the Product(s) and the warranty period shall commence on the date of despatch of the Product(s).
9.2 Any alleged defects in the Product(s) must be notified within 30 days of receipt of the Product(s) for a full refund after which only a repair or replacement will be offered.
9.3 In the event of any established breach of warranty, CCTV Empire shall repair or replace in its absolute discretion any defective Product(s). The Buyer shall be liable for the delivery charges incurred in returning the defective Product(s) to CCTV Empire, but shall not be liable for the cost of repair or replacement, or the delivery charge for returning the repaired or replaced Product(s) to the Buyer. If CCTV Empire complies with this clause then it shall have no further liability for breach of the warranty.
9.3b After 3 months from shipment date CCTV Empire as a way of speeding up the repair process, reserve the right to replace your faulty unit with a refurbished or reconditioned product which will carry the remainder of the warranty period. This replacement will be of same or better specification.
9.4 Repairs undertaken by CCTV Empire under the terms of its warranty are guaranteed for the remainder of the products warranty.
9.5 Where CCTV Empire in its absolute discretion replaces any defective Product(s), the warranty on such replacement Product(s) shall continue in effect for the remainder of the unexpired term of the warranty commencing from the original date of despatch of the defective Product(s). Any replaced Product(s) become the property of CCTV Empire.
9.6 The warranty shall not cover any defect caused:
a) by fair wear and tear.
b) in whole or in part by the negligence of the Buyer or a User.
c) by improper or unauthorised use of the Product(s) including any attempt to carry out repairs or modifications to the Product(s).
d) by causes external to the Product(s).
9.7 Failure by the Buyer to settle accounts rendered for Product(s) supplied will render the warranty null & void.
9.8 If the Buyer adds labels to any of the Product(s) the warranty will be invalidated.
10 Limitation of Liability
10.1The following provisions set out CCTV Empire’s entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Products, or of any goods incorporating the Products;
(c) any representation, statement or tortious act or omission including negligence arising under in connection with any Product(s) supplied under this contract.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
10.3 Nothing in these terms and conditions excludes or limits CCTV Empire’s liability:
(a) for death or personal injury caused by CCTV Empire’s negligence, or;
(b) under section 2(3) Consumer Protection Act 1987, or;
(c) for any matter which it would be illegal for CCTV Empire to exclude or attempt to exclude its liability, or;
(d) for fraud or fraudulent misrepresentation.
10.4 Subject to clauses 10.2 and 10.3:
(a) CCTV Empire’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the contract price for the Product(s) in question, and;
(b)CCTV Empire shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this contract.
11 Returns Procedure - please also note these terms for returns here
11.1 The buyer shall be responsible for the cost of return carriage for the products warranty period - CCTV Empire will refund costs of return postage (upto a maximum of £10) of found faulty hardware *for the first 12 months of the warranty* if no faults are found then carriage will be charged to the customer plus a £30 testing fee per product returned, in respect of all Product(s) returned by the Buyer to CCTV Empire for repair, replacement or credit. Products to be returned are at the risk of the Buyer until actual receipt by CCTV Empire.*Please ensure all returned items are packed in a box with padding around the faulty device to protect it during transit*
11.2 CCTV Empire will not accept returned Product(s) for repair, replacement or credit unless such a return has been agreed in advance and the Product(s) are received in stock condition, original packaging and clearly marked with the appropriate "Returns Materials Authorisation' number issued by CCTV Empire at the time of the intent to return the Product(s) is notified to us together with a full description of any alleged defect.
11.3 Any notification of return dead on arrival (DOA) Product(s) must be made no later than 7 days from the date of invoice.
11.4 CCTV Empire reserves the right to determine whether returned Product(s) will be repaired, replaced or credited at its absolute discretion.
11.5 CCTV Empire reserves the right to levy a surcharge of 20% of the value of the Product(s) to the Buyer in the event of returned Product(s) being found to be in working order in accordance with the specifications of the Order
11.6 CCTV Empire reserves the right to replace Product(s) with Product(s) considered by CCTV Empire to be of similar or equal specification to the Product(s) being replaced.
11.7 Notwithstanding, CCTV Empire will not be liable to any claim of value greater than the Product(s) as set out in clause 10.
In the event that written dates, addresses and general instructions for delivery of the Product(s) are not notified to CCTV Empire at the time of placing the Order, CCTV Empire shall be entitled to store the Product(s) and the Buyer shall be liable for the reasonable cost of such storage.
13. Design Changes
CCTV Empire reserves the right to supply Product(s) with design and specification changes as technological development may require without prior notice.
14. Intellectual Property
The Buyer shall promptly notify CCTV Empire of any claim received by the Buyer alleging an infringement of patent or other intellectual property rights of a third party. CCTV Empire will refer such matters forthwith to the manufacturer of the Product(s). The Buyer shall co-operate with CCTV Empire in defending any patent or other right claimed in respect of the Product(s) and the Buyer shall execute all such documents and do all things as CCTV Empire may require pursuant thereto. CCTV Empire shall not be liable to the Buyer in respect of any patent infringement or claim based upon the Use of Product(s) or a part thereof modified for Use in connection with equipment or devices not supplied by CCTV Empire or in a manner for which the Product(s) were not designed. Liability is further limited to Use of the Product(s) in countries for which patent protection has been obtained.
15. Force Majeure
CCTV Empire shall not be liable for any failure to supply and/or deliver Product(s) for any incomplete supply or delivery or for any damage to or defect in the Product(s) caused by strikes, lockouts, labour disturbances, Acts of God or any reason beyond CCTV Empire's control including any act or default of CCTV Empire's own suppliers, the Buyer or third parties.
CCTV Empire's rights under this agreement will not be affected by any forbearance or concession made by CCTV Empire.
No agent of CCTV Empire has authority to make oral representations prior to or after placing an Order. Nor, subject to Clause 3.3 has any agent of CCTV Empire authority to vary or modify the terms and conditions herein.
18.1 CCTV Empire may terminate this contract at any time upon giving written notice to the Buyer.
18.2 CCTV Empire may immediately terminate this contract and claim damages from the Buyer if the Buyer:
(a) does not or not in time or not properly fulfil any of its obligations under this contract.
(b) suffers distress or execution to be levied against it, makes or proposes to make any arrangement with its creditors, becomes bankrupt or, being a company, goes into liquidation (other than voluntary liquidation for the purposes of re-organisation), or Receivership or have an administrative receiver appointed.
19. Health & Safety
The Buyer shall take all reasonable steps to ensure that Product(s) are used in accordance with any relevant information or advice which CCTV Empire may make available to the Buyer including without limitation any instructions and warnings relating to the safe and proper use of the Product(s).
All internal ladders used by our staff are Approved to EN131 safety standard & GS and TUV approved to EN131.
20. Assigned Invoices
Where an invoice has been assigned to a third party, any terms and conditions applied by the assignee shall be in addition to, and not supersede, the terms and conditions of CCTV Empire
Headings to clauses in the agreement are for ease of reference only and do not affect the interpretation of this agreement.
22. Governing Law & Jurisdiction
These terms and conditions and any matters arising from this contract shall in all respects be construed under the Law of England and the English courts shall have exclusive jurisdiction in respect of any proceedings relating to this contract.
CCTV Empire Ltd, “THE COMPANY” is the organisation responsible for the design, installation, and/or maintenance of the installation which is the subject of this CONTRACT, sometimes referred to as “our” or “we” in these Terms and Conditions.
“THE CUSTOMER” is the person or organisation being a signatory to this CONTRACT, sometimes referred to as “you” or “your” in these Terms and Conditions.
“THE PREMISES” are the PREMISES set out in the SPECIFICATION.
“THE INSTALLATION” is the installed CCTV system as defined in the SPECIFICATION.
“INSTALLATION STANDARD” is the standard according to which the equipment is to be installed and/or maintained, together with any other formal requirements stipulated as a condition of the regulatory body by which the COMPANY is approved.
“CONTRACT” means the QUOTATION, SPECIFICATION, and/or maintenance and acceptance together with these Terms and Conditions.
“SPECIFICATION” means the design SPECIFICATION which defines the level of CCTV surveillance afforded by the security Installation. It is an integral part of this CONTRACT.
“QUOTATION” means the proposed price for the equipment (the package cost), its installation and/or maintenance as itemised in this CONTRACT and on the official quotation provided by the company.
“SIGN-OFF FORM” means the date on which the agreed installation is completed and/or the SIGN-OFF FORM has been signed.
The CUSTOMER can accept these Terms and Conditions either by:
i) Replying via email accepting the Terms and Conditions along with other requirements defined in the QUOTATION and / or SPECIFICATION sheet.
ii) Following a link provided through the e-mail sent by a COMPANY representative and accepting the Terms and Conditions, along with other requirements defined in the QUOTATION and / or SPECIFICATION sheet.
However, the CUSTOMER’s acceptance will not be binding on the COMPANY until a confirmation e-mail from the COMPANY has been sent, detailing the installation schedule.
For the purpose of interpretation, where the requirements of the SPECIFICATION/QUOTATION conflict with any clauses of these Terms and Conditions, the SPECIFICATION/QUOTATION requirements shall take precedence. All other Terms and Conditions not contained in/or implied by the CONTRACT are excluded. Nothing in these Terms and Conditions, stated or implied, shall detract from the CUSTOMER’s statutory rights.
i) The quoted costs may be revised if:
a) You require the work to be carried out more urgently than agreed
b) You change the SPECIFICATION
c) Your PREMISES are in some way unsuitable for the equipment and this was not apparent during the course of telephonic/e-mail conversation or there are circumstances which we should have been made aware
d) any other special circumstances that arise and we were not aware of in writing when supplying our original QUOTATION arise. This includes:
1. Re-visits of the installer/technicians/engineers for re-configuration of the system.
2. Remote viewing, where the CUSTOMER is responsible for the availability of a broad-band internet service, a router that provides the ‘PORT-FORWARDING’ function and a public (static) IP address.
ii) Engineers are asked to work outside standard practices of installations. Unless stated on the Works Schedule or we were made aware in writing when supplying our original QUOTATION Installs should be carried out in easily accessible areas without the need of additional labour work. This includes:
1. Underground cabling
3. Building work
4. Removal of floor boards, Carpet lifting / laying
5. Erecting poles
6. Steel trunking /capping
7. Exceptionally high ceilings
8. Drilling through walls thicker than 900mm
The above will incur additional charges as agreed by the COMPANY representative(s) if required.
Note: Additional charges may be made if our engineers/technicians/installers are not provided with access to doors, shutters, windows or any other areas where cables and equipment needs to be installed thereby incurring extra cable length.
4. COMPANY’S OBLIGATIONS
i) We agree to complete the installation and hand it over in working order. We will always seek your agreement should changes to the SPECIFICATION be required during installation.
ii) When we commission the installation and you are satisfied with the installation, a ‘SIGN-OFF FORM’ will be issued for you to sign.
iii) We agree that, if any of our installation workmanship is found faulty within the first 12 months, it will be repaired or replaced at the company’s expense, including call-out, provided you let us know as soon as the fault occurs. Maintenance/repairs/trouble-shooting (On-PREMISES) after the expiration of first 12 month period will be charged.
5. CUSTOMER’S OBLIGATIONS
i) You agree to give us and our workers full access to your PREMISES to survey, measure, install, test and service the equipment. You also agree to provide an adequate electricity supply for the equipment to operate correctly, or we can arrange for this to be installed. If our work is interrupted or delayed because of a problem with access, or the electricity supply is inadequate, we may make an extra charge. We are not liable if completion is delayed due to the circumstances beyond our control. By signing the CONTRACT with us, you guarantee that you have full authority to allow the installation and no other consent is needed.
ii) The equipment does not belong to you until paid for in full. If you do not pay the balance, we have the right to remove the equipment from your PREMISES without notice. By signing this CONTRACT with us, you irrevocably authorise us to enter your PREMISES to remove the equipment if payment remains outstanding.
iii) If you cancel our CONTRACT less than 14 days before the scheduled installation date, we may charge you for any equipment we have bought for your PREMISES and make a reasonable charge for damages for breach of CONTRACT. A general cancellation fee 10% of the contracted amount shall be charged. Made to order hardware will incur this cancellation fee after we have ordered this in.
6. PRODUCT WARRANTY (Only for Quoted Products)
All products are sold as new. We guarantee all our products to be free of defects in workmanship and material for 1 year, unless otherwise specified, from the day CUSTOMERs receive their order. We will replace or refund items providing there is no evidence of CUSTOMER misuse or alteration.
Warranty is 1 year ‘return to base’ if faulty. You will need to provide as much information as possible regarding the fault, as well as the original invoice or delivery note number.
7. REMOTE VIEWING & IT ISSUES
If we are unable to configure the remote viewing on the day of the scheduled installation due to IT technical issues, ISP unavailability or lack of details such as Router IP address, user name & password then further charges will apply to remotely configure or revisit to complete the setup.
The COMPANY cannot be held liable for CLIENT IT issues such as change of router, failed connection, change of Internet service provider, re-set of router, mobile phone, loss of settings on the router or a new operating system.
i) The COMPANY shall not be liable for the costs of any work, repairs or replacement of equipment which results from fire, electrical power surge, storm, flood, accident, neglect, misuse or malicious damage.
ii) The COMPANY does not warrant or represent that the operation of the installation will be uninterrupted or error free. The COMPANY provides the system to assist in the security of the CUSTOMER’s PREMISES but does not thereby warrant the security of the property, the CUSTOMER, or the contents therein. The COMPANY does not act and shall not be deemed to act as an insurer of the CUSTOMER’s property or contents contained therein and give no warranty that by virtue of the installation of the system, the property or contents contained therein are completely secure or inviolable. The COMPANY shall have no liability in CONTRACT for any loss suffered and in particular the COMPANY does not accept any liability whatsoever for any consequential loss or damage (including loss of earnings or profits) which may arise from any malfunction or defect of the system.
iii) The Terms and Conditions given in this CONTRACT do not affect your rights under the Sale of Goods Act or Unfair CONTRACT Terms Act.
9. RIGHT OF ASSIGNMENT
The COMPANY shall be entitled to assign all or any of its rights under this agreement and to perform any of its obligations through sub-contractors. The CUSTOMER’s rights under this agreement are not assignable or transferable with the prior written consent of the company.
10. FORCE MAJEURE
Any failure by the COMPANY to fulfill any of its obligations under the terms of this CONTRACT due to reasons beyond its control shall not be considered a breach of this CONTRACT.
11. APPLICABLE LAW
This CONTRACT is governed by the laws of England and Wales, Scotland or Northern Ireland as the case may be and each party submits to the jurisdiction of the courts thereof.
Installation times can over run in which case the job could take more time than expected to complete, no additional charges will be brought up by either the installers or the customer.
All installers will be required to adhere to method statements on commercial installations per install job, one will be provided for the customer and one for CCTV Empire ltd, stating risks, tools to be used etc
Please note: Fire evacuation area’s in the working area must be shown to all the staff prior to any work commencing, also all staff will wear high visibility vests / safety boots at all times.
You will be emailed a copy of this along with the invoice after the installation is complete
25.ELECTRICIANS IF USED
All electrical outlets installed will be done by our subcontracted NICEIC electricians, and certificates will be provided after completion.