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1. CGS Services - Woodgate House, 35 Clapgate Lane, Woodgate, Birmingham B32 3BU
( The Company)
2.(The Client) :
THE SERVICES FOR THE CLIENT
1.1 Subject to the Client complying fully with its obligations hereunder, the Company undertakes to use its best endeavours to provide the Services to the Client in respect of the Premises on the terms and conditions set out in this Agreement.
1.2 All security officers and personnel supplied hereunder will be supervised by a Controller or other senior officer of the Company who will make check visits from time to time as and when the Company considers it necessary.
The Client acknowledges:
It is hereby agreed and declared that under no circumstances whatsoever shall any security officer supplied hereunder be authorised (whether ancillary to his authorised duties or incidental to his employment or otherwise) by the Company or the Client to use, drive or move any motor vehicle belonging to, or in the custody, care or control of the Client, or howsoever on the Premises unless such vehicle shall be owned by the Company and the security guard is expressly authorised by the Company to use, drive or move that vehicle.
CONTRACT PERIOD . The contract period is fixed for 12.months with 3 months notice in writing, if you are not extending the contract.
However if the Company fail to provide the service required by the contract, and the defects are raised in writing detailing the problem area, the Company therefore are required to remedy the defect within 28 days of being given written notice, this will take the form of a written action plan detailing the procedures that the Company will employ to remedy any detailed defect, should the Company fail, then the customer can terminate the contract by giving the Company Security 1 months written notice of termination. Failure to give the written notice and any attempt to terminate the contract before the agreed fixed terms will result in a charge for the duration of the outstanding contract, or a minimum of £500.00 whichever is the greater.
PLEASE NOTE: We require 48 hours notice of any changes to our specified hours or we will endeavour to cover the clients request, this includes alterations, additional requirements etc. These must be marked for the attention of the Customer Service Department on Tel: 0121 777 5919 (Mon. – Fri 09.00 – 17.00).
PROVISION OF FACILITIES / HEALTH & SAFETY
In the interests of Health and Safety we request that the following be provided where appropriate in regard to the proper performance of our professional security duties.
The Client will at all times provide and maintain such facilities at the Premises as the Company may reasonably require to carry out the performance of the Services which facilities shall (without prejudice of the generality of this provision) include adequate heating, lighting, weatherproof guard bases, toilet facilities and the use of a telephone in connection with the provision of Services.
Please note: If any of the above cannot be met, please bring to the attention of our operations manager who will assess the situation and hopefully resolve it amicably. However, due to Health and Safety requirements the above are kindly requested. Should the above facilities not be provided we can, subject to your agreement and at additional cost, hire a portakabin / portaloo etc. We must emphasise that the responsibility for providing these basic facilities are the customers.
Liability is restricted to contract terms as detailed by our Insurance Certificate.
PROVISION AS TO NOTIFICATION OF CLAIMS.
The Company, its servants or agents, shall not be liable to the customer in any circumstances or to any extent whatever, in respect of any damage caused to the customer, unless written notice is received by the company at its Head Office ( stated hereon ) within one month of the occurrence of the act, or at the time of the omission of the company, its servants or agents alleged to give rise to any such liability.
Please note: Any vandalism, theft, damage or negligence etc, that is caused whilst we are providing our security service to you, will be passed on to our insurers, who will investigate the matter thoroughly, and if they find we were negligent on duty, payment for any occurrence will be made to the client THEREFORE, NO DEDUCTIONS WILL BE MADE FROM THE COMPANY INVOICES.
SPECIAL PROVISION ABOUT STRIKES / SUSPENSION OF SERVICES ETC.
In the event of any strike, lock out, enemy action, hostilities, riot, civil commotion, public demonstration, sit-in, terrorist act, adverse weather conditions or any other circumstance (whether or not of a similar nature to any of the foregoing) over which the Company has no control which causes or is likely to cause
the cessation or substantial interference with the performance of the Services or the ability of the Company to perform the same upon service of a notice of
suspension by the Company on the Client the obligation of the Company to perform the Services shall forthwith be suspended until the Company serves notice on the Client that such circumstances have ceased and the Client shall not be liable to make payments under this Agreement in respect of the period of such suspension. In circumstances where formal notice is impracticable the Company shall use its best endeavours to notify the Client of the suspension as soon as possible by whatever means.
The company and its servants, or agents, shall not in any circumstances whatever be liable for any failure by the company to carry out the service covered by this contract caused by a strike, lockout, labour dispute, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road, or highway, or any cause of any kind whatever beyond the company’s control.
The key holding service is for a period of 12 months minimum and the subsequent charge for this service is in advance of the commencement of the contract. Payment for this service is required prior to the issue of keys and the preparation of the assignment instructions.
No refund will be given, or part refund allowed if the customer decides to move to new premises or terminate the contract early, for whatever reason, this is due to the administration charges incurred by the Company in setting up the relevant procedures and administration, and the preparation of the service.
Return of keys will be only be granted up on a written request and must be collected from the Company premises, whereby an authorised signature will be required before keys are released.
Please note the service is a shared service and similar circumstances may be experienced as highlighted in SPECIAL PROVISION REGARDING THE PATROL SERVICE.
Payment terms are specified under the heading PAYMENT TERMS.
All equipment supplied is done through a third party and we accept no liability for break-downs or technical problems. Any power or telephone line failures that may result in the Company being unable to monitor the premises will not be a breach of contract as this is beyond our control. All call outs response times are calculated independently with the estimated response time printed on each quotation. This is a shared service and can be subject to delay.
SPECIAL PROVISION REGARDING THE PATROL SERVICE
The company and the customer agree that any such delay, interruption or omission shall not be a breach by the company, its servants or agents, of any duty under any express or implied item of contract.
Subject to the relevant price index, then an increase to our charges will occur, we endeavour to give one months written notice of our cost increases. 12 Months into the contract , the charge rate is reviewed and increased at the current retail price WITH THE CLIENT.
If at any time during the Agreement Period there is an increase in the direct labour cost to the Company in providing the Services resulting from an application of or variation in National Insurance contributions or other employment liabilities imposed on the Company by statute or other Government regulation then the Charges may be increased pro rata to such increase with effect from the date 28 days after the date on which notice of it is given to the Client by the Company.
If at any time during the Agreement Period there is an increase in the premiums payable by the Company for insurance effected by it for the purpose (inter alia) of providing the Services the Charges may be increased to cover that part of such increase attributable to the Services with effect from the date 28 days after the date on which notice of it is given to the Client by the Company.
The Company may increase the Charges by giving to the Client not less than 28 days written notice of such increase.
If any payment to be paid by the Client to the Company under this Agreement (in whole or in part) is unpaid for a period of 7-days after it has become due the Company may at any time thereafter give to the Client 7 days written notice to terminate this Agreement and unless such overdue sum has been paid before the expiration of such notice period this Agreement shall then terminate absolutely and the Company’s obligations shall cease but without prejudice to the liability of either party in respect of any such or any other breach of this Agreement.
The Company’s payment terms are strictly 30 days from the date of the invoice. Terms are strictly net and should payment not be made within the agreed 30 days or by the due date, an administration charge of 10% per month on the outstanding amount will apply.
The administration charge of 10% per month on overdue balances covers the necessary cost of chasing the payment and covers all other necessary administration on overdue balances.
The administration charge will run concurrently per month until full payment including the administration charge is paid.
Any account overdue and passed out for collection will be subject to the costs incurred by employing an agency or solicitor in recovering the overdue account.
The charge for all Bank Holidays is Double Time + VAT. (All major Bank Holidays Inclusive of Christmas Day, Boxing Day and New year Day
The Client shall not be entitled to withhold payment of monies due under this Agreement by reason of any claim, counter-claim or right of set off it may have or allege against the Company or otherwise.
PROTECTION OF THE COMPANY’S INTERESTSThe Client shall not without the consent of the Company during the Prohibited Period directly or indirectly solicit or entice away any person who was engaged in the provision of the Services or was known to the Client in connection with the provision of the Services within the period of three months before the commencement of any employment or other arrangement with the Client or a holding Company or Subsidiary of the Client (as defined in Section 736 of the Companies Act 1985) where such person is engaged by the Client in a capacity similar to such person’s capacity in relation to the Services.