Terms and Conditions

Beecham Security Ltd – General Terms and Conditions of Business

 

Last Updated: [18/03/2024]

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1. In addition to Ss 13, 14 and 15 of Part 11 of the Supply of Goods and Services Act 1982 the under mentioned Terms and Conditions shall constitute the Terms and Conditions for the supply of Security Services by Beecham Security Ltd Unit 15a, Vole House, Fenttiman Road, Thames View Business Park, Canvey Island, Essex, SS8 0EQ to any person, persons, firm or company (the Client) who shall instruct it to undertake such work, either verbally or in writing and, save as provided herein, no other terms or conditions amendments or variations whether written oral or otherwise shall apply whether expressly given or implied.  These Terms and Conditions are as follows:

 

2.     Definitions

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In these Terms and Conditions, the following expressions shall have the following meanings:

2.1 ‘Business Hours’ and ‘Working Days’ shall mean the usual business hours operated by Beecham Security Ltd that is to say a continuous twenty-four-hour working pattern Monday to Sunday inclusive or such shift hour pattern as Beecham Security Ltd may prescribe in writing from time to time.

2.2 ‘Client’ shall mean any person, persons, firm or company requiring/purchasing the services supplied by Beecham Security Ltd.

2.3 ‘the Contract’ shall mean the work and/or services requested by the client and to be performed, carried out or undertaken by Beecham Security Ltd and which are essential or conducive to the contract, irrespective of whether or not such additional and/or ancillary work or services were envisaged at the commencement of the contract.

2.4 ‘the Charge’ shall mean the costs charges and expenses for work undertaken and services supplied by the employees or sub-contractors engaged by Beecham Security Ltd which, for the avoidance of doubt shall include any disbursements arising or incurred by Beecham Security Ltd for or on behalf of the client in carrying out the work or services required by the client during the subsistence of the Contract or which were necessarily incurred to complete the Contract.

2.5 ‘Invoice’ shall be deemed to include all invoices produced and submitted by Beecham Security Ltd whether produced as an interim, periodical or final invoice or otherwise more than one invoice.

2.6 ‘Negative Clearance’ shall mean any cheque offered to Beecham Security Ltd by a client which does not clear for payment or where such cheque has been dishonoured or which is subject to re-presentation or any indication Beecham Security Ltd may give to its client by telephone or other form of communication that payment is unsatisfactory

 

3.     Contractual Obligations

 

3.1 Contracts are made only upon and subject to these Terms and Conditions.

3.2 It is conditional upon the client to supply Beecham Security Ltd with all relevant, accurate, and comprehensive details and information concerning the proposed enquiry/ Contract/transaction such as to enable Beecham Security Ltd to undertake a proper evaluation of any action or work necessary in respect of the Contract/ enquiry/transaction and to offer best advice, recommendations, proposals and assistance to the Client in the carrying out of the Contract.

3.3 Beecham Security Ltd reserves the right to request the client’s confirmation in writing that all such information given is accurate and correct in all respects.  The responsibility for the prevention and detection of irregularities and fraud rests with the client.

3.4 No charge estimates quotation or tender given or made either orally or in writing by Beecham Security Ltd shall be taken to be a fixed quotation fee.     Upon request, Beecham Security Ltd will issue a written estimate of the contract charge but this shall not be taken to be a fixed quotation under any circumstances.

3.5 Any typographical clerical or other error or omission in any publicity literature, quotation, invoice or other documentation or information issued by Beecham Security Ltd shall be subject to correction without any liability on the part of Beecham Security Ltd

3.6 Unless expressly stated otherwise, in any communication issued by Beecham Security Ltd all estimates are valid for a period of one month only from the date of estimate. Beecham Security Ltd may in its absolute discretion accept or reject any contract to provide services placed by the client without being required to give reason therefore

3.7 Beecham Security Ltd reserves the right to review its charges and/or contract price during the subsistence of the Contract if the Contract involves additional or further work than originally envisaged, or if the client introduces other matters into the Contract which did not form part of the original Contract.

 

4.     Deposit

 

Beecham Security Ltd reserves the right to require the client to pay a deposit or retainer on account of the Contract up to an amount of up to fifty per cent of the estimated contract/ transaction charge or cost, such payment to be paid to Beecham Security Ltd in cash or in cleared funds at least seven days prior to the estimated or actual commencement date of the Contract.

 

5.     Cancellations, Termination, Suspension or Postponement of Contract by the Client

 

5.1 In the event of the client terminating or cancelling the contract the client shall remain liable for the discharge in full of all charges costs expenses and disbursements incurred by Beecham Security Ltd in respect of the contract up to and including the date of termination or cancellation by the client and the client shall incur a termination fee of fifty per cent of the fee quoted by Beecham Security Ltd (excluding disbursements) by way of damages for breach of contract.

5.2 In the event that the client postpones or suspends the completion of the contract, the client will be held liable to discharge in full all costs, expenses and disbursements incurred by Beecham Security Ltd up to and including the date of suspension or postponement of the Contract and shall incur a Suspension fee of £100.00 to be paid within 3 working days of notification of the Postponement or Suspension by the client.

5.3 In all other respects, Contracts may only be cancelled, terminated, postponed or suspended upon 30 days’ notice in writing and receipt of Beecham Security Ltd.’s written acceptance of such cancellation, termination, postponement or suspension.

 

6.   Termination of Contract by Beecham Security Ltd

 

Notwithstanding the provisions of Clause 10 hereof Beecham Security Ltd reserves the right to terminate its Contract with the client if:

6.1 the client fails to make any payment due under the Contract within seven days of the obligation arising or if the client continues for two weeks to be in breach of any of its obligations under the Contract after Beecham Security Ltd has given written notice of the breach complained of to the client; or

6.2 the client fails to produce or provide any relevant information necessary to complete the Contract within a reasonable period of time of a request to do so or if Beecham Security Ltd has reason to believe, or it becomes apparent that the client is (without cause or good reason) obstructive or displays acts of non-co-operation in the completion or fulfilment of the Contract.

6.3 Notwithstanding the termination of the Contract, all rights and liabilities of the client for monetary compensation or for any sum due at the date of termination shall continue to be a debt owed by the client to Beecham Security Ltd and enforceable by Beecham Security Ltd at the cost of the client.

 

7.     Terms of Payment

 

7.1 The client shall pay to Beecham Security Ltd the charges (including disbursements and Value Added Tax) invoiced by Beecham Security Ltd as shown on any invoice or invoices delivered to the client, such payment to be made within ten days of the date of such invoice.

7.2 Beecham Security Ltd shall be entitled to charge and recover interest from the client in respect of any invoice which remains outstanding for 14 days after the date of invoice in respect of unpaid fees, charges, costs and disbursements in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% over the base rate of HSBC Bank plc

7.3 Where it is a term of the contract that payment of Beecham Security Ltd.’s invoice is dependent upon the issue of a certificate from a third party, the due date for payment of Beecham Security Ltd.’s invoice shall be not later than three days after the issue of the relevant certificate.

7.4 Beecham Security Ltd will not, unless otherwise expressly agreed in writing, accept part payment, payment by instalments or payment on account of any invoice delivered to a client.

7.5 Any dispute by the client for any invoice or invoices regarding hours charged by Beecham Security Ltd or any inconsistency perceived must be made in writing to Beecham Security Ltd within 14 days of the date of invoice. Failure to adhere to this will terminate any dispute claim.

 

8.     Late Payment

 

In addition to Clause 7.1 hereof, when an invoice is overdue for payment Beecham Security Ltd may suspend its performance of the contract to which the invoice relates and/or suspend any other contract then subsisting between the client and Beecham Security Ltd.

 

9.     Retention of Title

 

9.1 Notwithstanding the completion of the contract or any other provision of these Terms and Conditions the property or title in the documents, papers or other material produced by Beecham Security Ltd for, or on behalf of the client, shall remain the property of Beecham Security Ltd until the client has paid to Beecham Security Ltd and Beecham Security Ltd has received the cash or cleared funds representing payment in full of its invoice and all other fees for contract and/or services agreed to be provided by Beecham Security Ltd for which payment is then due.

9.2 Beecham Security Ltd shall be under no obligation to release any papers, documents or other material until payment in full has been received by Beecham Security Ltd and cleared on presentation.

9.3 In the event of there being negative clearance of a cheque presented by the client, the provisions of this clause shall remain in full force and effect and until such time as the property or title in the documents papers or other material is released to the client Beecham Security Ltd shall continue to hold such documents papers and material as the client’s fiduciary agent and bailee.

9.4 Until full payment has been received by Beecham Security Ltd the client shall have no claim or entitlement to any documents papers or other material held by Beecham Security Ltd. The client shall not be entitled to require Beecham Security Ltd to deliver up any such papers documents or other material to any agent or third party acting for, or on behalf, or in the name of the client.

9.5 The client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the papers documents or other material which remain the property of Beecham Security Ltd but if the client does so, all monies owing by the client to Beecham Security Ltd shall (without prejudice to any other right or remedy of Beecham Security Ltd) forthwith become due and payable.

 

10. Insolvency and Bankruptcy

 

Beecham Security Ltd shall have the right to terminate the contract forthwith where the client becomes insolvent or bankrupt or makes an arrangement with its creditors or suffers a Receiver to be appointed or, being a body corporate, enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases Beecham Security Ltd shall have no further obligation hereunder and Beecham Security Ltd’s charges and fees for services undertaken and work done, including disbursements accrued, shall immediately become due and payable.

 

11. Recovery proceedings

 

Beecham Security Ltd reserves the right to instigate legal or other recovery proceedings for all and any fees due and payable by or from the client if payment of such fees (including disbursements and Value Added Tax) has not been discharged in full by the client within thirty days after the due date of payment.

11.1 Recovery proceedings will incur to the client in addition to the amount due:

(a) Administration charges; (b) a charge for interest in accordance with clause 7.1; and (c) together with any other costs/expenses howsoever incurred by Beecham Security Ltd or its Agents in the recovery of the debt.

 

12. Force Majeure

 

Beecham Security Ltd shall not be liable to the client, or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of its obligations in relation to the provision of services or work if the delay or failure was due to any cause beyond the reasonable control of Beecham Security Ltd. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Beecham Security Ltd.’s control:

1. Act of God, explosion, flood, tempest, fire or accident; War or threat of war, sabotage, insurrection, civil disturbance or requisition;

2. Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

3. Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Beecham Security Ltd the client or a third party); and Power failure or breakdown in electrical or electronic equipment.

 

13. General Provisions

 

Any Notice given shall be given in writing and sent either by hand, first class post or facsimile transmission. Notice shall be sent in the case of a client, to the address to which Beecham Security Ltd had last previously directed its communication, or to the private address of the proprietor, partner, director of the client and, in the case of a corporate client, to its Registered Office or trading address.  Notices sent by post shall be deemed (unless the contrary can be proved) to have been delivered on the first working day after posting.  Letters sent by facsimile transmission shall be deemed to have been received on the day of transmission.

 

14. Governing Law

 

These terms and conditions shall be governed and construed in accordance with English Law and all disputes arising

in connection therewith shall be submitted to the jurisdiction of the English Courts.