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1. Definitions
In this Agreement the following definitions shall apply:
(a) ”the Customer” shall mean the person or organisation named as being
the Customer.
(b) the Company” shall mean Emergency Response Ltd having its
registered office at, Ryland Road, Bunclody, Enniscorthy, Co Wexford,
Y21 F5C3, Ireland.
(c) The Equipment” shall mean the Equipment as specified overleaf.
(d) The Minimum Period” shall mean the Minimum Period specified
overleaf.
(e) The Maintenance Service” shall mean the Maintenance Service as
specified ‘overleaf.
(f) The Monitoring Service” shall mean the Monitoring Service as
specified in Clause 4 hereof.
(g) The Services” shall mean both the Maintenance Service and the
Monitoring Service.
(h) The Installation Address” shall mean the Installation Address as
specified ‘overleaf.
2. The Agreement
(a) The Terms and conditions together with the completed application form
over leaf constitute a legally binding contract ( the agreement) between
the company and the customer. This agreement shall commence when
the customer signs the order form overleaf and when the company
connects the customer to the monitoring system. and installation test
are complete.
(b) The agreement constitutes the whole agreement between the Parties.
(c) The Company does not have any obligation whatsoever to any third
party under this agreement .
3. Payment
(a) The Customer will pay all Maintenance and Monitoring Fees without
prior demand on the due date as specified overleaf.
(b) The Customer will pay full Maintenance and Monitoring Fees
whenever the services are provided for part of the period to which that
Service Charge relates.
(c) The Company reserves the right to amend the amount of the
Monitoring Fees to ke account of changes in the rate of Value Added
Tax if applicable.
(d) If any payment under this Agreement is overdue the Customer shall
pay interest on the amount due at the rate of 6% per annum above
Central Bank of Ireland rate for the time being from the date the
payment fell due to the date a payment is made.
4. Maintenance Service
The company shall provide the following Maintenance service or such
other maintenance service as it considers appropriate in respect of the
equipment (“ The Maintenance service”) upon the terms and conditions
set out hereafter
(a) For the period of 12 months commencing on the date of this agreement
(“the warranty period”), the company will provide a service to the
customer to maintain the equipment in a satisfactory operational
condition including the replacement of all unserviceable parts or
components.
(b) Service response will be given as soon as possible usually within 48
Hours of receipt of a service call.
(c) Except as otherwise provided in these terms and conditions the
company will not require payment for the maintenance service in
respect of labour or parts supplied to replace parts which are defective,
faulty or otherwise unserviceable within the Warranty.
(d) The Warranty will not be provided on a cost free basis to the customer
where the damage to the equipment has resulted from negligence of
the customer or where the customer has breached any other of the
Terms and conditions of this agreement.
5. The Monitoring Service
The company shall provide the Customer with the following or such other
service and facilities as it considers appropriate from time to time to
monitor alarm calls made by customer (“the Monitoring Service”):
(a) The Company will provide a continuous service to receive alarm calls sent
by the customer by means of the alarm call facility on the Equipment.
(b) As soon as practicable after it has been received the Company shall
relay the alarm call at its discretion to such available person nominated
as the Customer’s emergency contact or to such available emergency
service as the Company considers appropriate.
(c) The Company may also, at its absolute discretion, supply any body or
person so flied with details of the Customer’s doctor and/or nominated
keyholder and/or personal circumstances and medical conditions of
the Customer.
(d) The Company shall base the exercise of its discretion on its
understanding of the degree of emergency in each case following
verbal contact with the Customer and on the details of the Customer’s
personal circumstances and medical condition currently supplied to
the Company. In exercising its discretion, the company shall also be
entitled to take into account all the relevant information known to it.
(e) If verbal contact cannot be established with the Customer the
Company will treat the alarm call as a request to notify the appropriate
emergency service/contacts.
(f) The Company will at all times be acting solely as the Agent of the
Customer in notifying any emergency service or emergency contact
and no liability will be accepted by the Company for any charges made
by an emergency service or emergency contact following a request for
assistance by the Company pursuant an alarm call.
(g) The Company’s obligations under the Monitoring Service shall under
no circumstances extend beyond the obligation to receive and relay
alarm calls as set out above and the Company shall not be liable
directly or indirectly for the failure of any third party (e.g. any
emergency service, emergency contact ,key holder or doctor) to
respond appropriately when notified of the alarm by the company.
(h) The Company will treat all information received by it in relation to the
customer’s key holder, emergency contacts or emergency service in
connection with the operation of the Monitoring Service as confidential.
6. Information and Data
5.1 Any information and data provided by the client to the Company and
used by the Company directly or indirectly in the performance of this
Agreement shall remain, at all times, the property of the client and shall
be identified, clearly marked and recorded as such by the Company
on all media and in all documentation.
5.2 The Company shall take all reasonable precautions to preserve the
integrity and prevent any corruption or loss, damage or destruction of
the data and information.
5.3 In the event of termination of this Agreement the Company shall, when
directed to do so by the client, and instruct all its agents and subcontractors
to erase all information and data provided by the client and
all copies of any part of the information and data provided from the
Company’s systems and magnetic data.
5.4 The Company agrees to comply with GDPR Act 2018 and any other
relevant legislation.
5.5 The Company reserves the right to contact the client occasionally to
inform them of new products and services. Should the client wish to
remove their details from such marketing activities they are obliged to
make the request in writing with the appropriate one months’ notice.
5.6 If RFID has been activated, it will allow access of personal / medical
information to Emergency Services & Family via an App.
5.7 App Access is only granted by the wearer / Authorised person.
7. Customer Responsibilities
(a) The customer shall ensure that the mobile unit is adequately charged.
(b) The customer shall not in any way interfere with or tamper with the
equipment or the Sim Card or any part of the equipment.
(c) The Customer shall request the Maintenance Service of the
Company as soon as practicable after any damage, defect, fault
or other failure in the Equipment has been noticed and shall not
allow any person other than an employee or agent of the Company
to adjust, alter, repair, or deface or interfere with the Equipment in
any way.
(d) The Customer shall not abuse or permit any person to abuse:-
(i) the Maintenance Service in any way and in particular shall not
make unnecessary service requests or cause a service visit to be
aborted by not providing access to the Equipment at the time the
Company calls pursuant to a request for Maintenance Service.
(ii) the Monitoring Service by making persistent calls without
reasonable cause.
(e) The Customer shall keep the Company fully informed as to any
new or continuing medical condition and/or treatment of the
Customer and to any changes therein.
(f) The Customer shall notify the Company of any details it requests
concerning the emergency contacts, keyholders and doctors who
may be contacted by the Company under the Monitoring Service
in an emergency and to any changes therein. The Customer shall
ensure that persons named as emergency contacts, keyholders
and doctors are aware that they have been so named and are in
agreement with their name being used for this purpose.
(g) The Customer shall notify the Company of any change to the
Installation Address of the Equipment.
(h) In the event of a customer selecting the option of completing the
installation they accept full liability for this and hereby accepts
that they are required to complete the work in accordance with the
instructions accompanying the device(s).
8. Breach by the Customer
Without prejudice to Clause 7 hereof, if the Company is unable to
obtain access to the Equipment or the relevant premises for any
purpose or if the Customer is in any other way in breach of any of the
terms and conditions of this Agreement the Company reserves the
right to withhold or terminate the Maintenance Service and Monitoring
Service provided under this Agreement or to levy such charge as is
currently in force from time to time for any Maintenance Service or
Monitoring Service provided thereafter, which charges shall be paid
by the Customer within 14 days of the date of the Company’s invoice.
9. Termination
The Company may terminate this Agreement forthwith if the
Customer.
(a) Has made any material misstatement in the particulars supplied
to the Company from time to time; or
(b) Fails to comply with any of the terms of this Agreement; or
(c) Has a receiving order in bankruptcy made against him or
otherwise agrees to a scheme or arrangement with his
creditors; or
(d) Abandons the Equipment; or
(e) Dies.
10. Consequence of Termination
In the event of the Company becoming entitled to terminate this
Agreement (under Clause 7 hereof) or in the event of the wrongful
termination by the Customer of this Agreement the Company shall
be entitled on demand to the payment of the following sums:
(a) All sums outstanding under the terms of the Agreement at the
date of termination;
(b) All sums payable for the remainder of the Minimum Period.
(c) All sums payable in respect of any breach by the Customer of
the terms of this Agreement.
11. Rights of Entry
The Customer will permit the Company’s employees and agents to
enter the premises where the Equipment is or may reasonably be
believed to be situate at all reasonable times on reasonable notice
to inspect, repair, adjust or service the Equipment.
12. Limitation of Liability
The Company shall not be liable for any failure or delay providing
the Monitoring Service or the Maintenance Service including parts
or components for the Equipment where such failure or delay is
caused by:
(a) The Customer’s failure to notify the Company of any changes
concerning the personal contacts or emergency contacts,
keyholders or doctors to be contacted in the event of an alarm;
(b) Any other breach of the terms and conditions of this Agreement
by the Customer;
(c) Act of God, war, civil disturbance, strike or other labour dispute,
storm, fire, flood, shortage of material, law, act or order of
government or agency thereof, or other cause or circumstance
beyond the Company’s control including, but not limited to, a
failure or delay attributable to any electricity or
telecommunications network.
(d) Except for any liability which it may incur for death or personal
injury resulting from the negligence of the Company, the
Company shall not be liable in any manner whatsoever whether
in contact tort misrepresentation or otherwise for any direct,
indirect or consequential loss, damage, injury or death
howsoever caused which may arise out of or in connection with
the Service to be provided under this Agreement.
(e) Any suspension or failure of the mobile network service for
whatever reason including lack of coverage in the local
geographical location of the equipment.
13. General
(a) This agreement shall be governed by the Laws of Ireland which
shall be deemed to be proper law and Govern all transaction or
proceedings concerning this agreement. The Courts of Ireland
shall have all Jurisdictions to hear any proceedings.
(b) If any provision of this agreement is held by any competent
authority or by Virtue of any change of legislation or for any other
reason whatsoever to be valid or unenforceable in whole or in
part, the validity of the other provisions of the contact and the
remainder of the provision(s) in question shall not affect or
invalidated thereby.
14. Notice
(1) Any notice required or permitted to be given by either party to
the other under this Agreement shall be in writing addressed to
that other party at its registered office or its home address as
may at the relevant time have been notified pursuant to this
Agreement to the party giving the notice.
Any such notice shall be deemed to be served when sent by
pre-paid ordinary post to the party to whom it is given on the 3rd
day after posting .
THE CUSTOMERS’S ATTENTION IS PARTICULARLY DRAWN TO
THIS CONDITION
12.1 Emergency Response Ltd. shall not be liable for any loss or damage
to the Customer arising by reason of the Services (or any goods)
being temporarily unavailable as a result of any cause whatsoever
or consequential loss or damage however arising (including but not
limited to loss of profits, loss of business depletion of goodwill and/or
similar losses, loss of use or loss or corruption of data or
information) which the Customer may sustain in connection with the
Goods and/or Services.
12.2 Nothing in these conditions excludes or limits the liability of
Emergency Response Ltd. for death or personal injury caused by
Emergency Response’s Ltd. negligence, or for fraud or any other
matter for which it would be unlawful for Emergency Response Ltd.
to exclude or attempt to exclude its liability.
12.3 All warranties conditions, and other terms implied by statute or
common law are, to the fullest extent permitted by law, excluded
from any Contract.
12.4 If Emergency Response’s Ltd. performance of its obligations under
a Contract is prevented or delayed by any act or omission of the
Customer or failure by the customer to perform any relevant
obligation, Emergency Response shall not be liable for any costs
charges or losses sustained or incurred by the Customer, that arise
directly or indirectly from such prevention, delay or failure and,
without limiting its other rights or remedies, Emergency Response
Ltd. shall have the right to suspend delivery of Goods or the
performance of the Services until the prevention delay or failure has
been remedied and to reply on such prevention, delay or failure to
relieve it from the performance of any of its obligations so affected.
12.5 Emergency Response Ltd. shall not be liable for any indirect or
consequential loss arising from the non-delivery of goods or the
non-performance of the Services including (for the avoidance of
doubt) loss of profits, loss of business, loss of anticipated savings,
loss of goods, loss of contract, loss of use or loss or corruption of
data or information.
10.6 Without prejudice to condition 10.2, Emergency Response’s Ltd.
total liability arising under or in connection with a Contract shall be
limited to one hundred and twenty five percent (125%) of the total
charges paid and/or payable by the Customer under such contract.
10.7 The Customer shall (and shall procure that any third party to whom
any Goods may subsequently be supplied shall) comply with all
instructions of Emergency Response Ltd. and any other
manufacturer in relation to the fitting, installation, service and use
of the Goods and, notwithstanding such compliance, the Customer
shall indemnify and keep indemnified Emergency Response Ltd.
fully and effectually against all costs, claims, demands, expenses
and liabilities of whatsoever nature and wheresoever arising,
including, without prejudice to the generality of the foregoing, claims
for damage to property and consequential loss (including loss of
profit) which may be made against Emergency Response Ltd. or
which Emergency Response Ltd. may sustain, pay or incur arising
out of or in connection with the supply, fitting, installation or use of
the Goods except to the extent that Emergency Response Ltd. is
prevented by law from avoiding such liability.
15. CONSUMER SALES
Nothing in these Conditions or in any Contract shall affect the
statutory rights of any person dealing with Emergency Response
Ltd. as a consumer.
16 SPECIAL CONDITIONS FOR SPECIFIC EQUIPMENT
16.1 Communication Costs
The supply of the Goods does not include connection to an
approved Telecommunications service. Where the Goods supplied
require Connection to such a service the Customer is wholly
responsible for arranging such connection and for payment of the
costs of such connection except where the service is provided by
Emergency Response.
16.2 Standards
Where any Goods are classified as a medical device (as defined in
Council Directive 93/42/EEC of 14 June 1993 concerning medical
devices) the Customer shall
(a) Comply with all statutory and regulatory requirements in
connection with the use of the goods;
(b) Keep adequate records of medical devices to ensure that each
item’s location is known at any point in time; and
(c) Maintain each such medical device in accordance with the
manufacturer’s recommendations and where equipment is
returned to Emergency Response Ltd. under the terms of
warranty or repair the Customer shall ensure that it has been
cleaned in accordance with the Medicines and Healthcare
Products Regulatory Agency requirements prior to return.
16.3 Calibration
The supply of Goods does not include the cost of any necessary
calibration required during or following expiration of the Warranty
Period.
17 LAW
All contracts, and any non-contractual disputes or claim arising out
of such a Contract, shall be governed by and construed in
accordance with the laws of Ireland and the parties submit to the
exclusive jurisdiction of the Irish courts.5
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