Terms and Conditions
Copyright © 1999-2008 Fire Curtains Ltds All Rights Reserved. These trading terms and conditions have been issued under license to OM Fire Curtains.
OM Fire Curtains (India) is a registered distributor for Fire Curtains Ltd.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS
YOU MUST AGREE TO ABIDE BY THEM WHEN REGISTERING WITH
AND USING OM Fire Curtains AND ITS FACILITIES OR SERVICES.
Software: Any software made available
to you via download through www.omfirecurtains.com (or
any of its directories), is © copyrighted by Fire Curtains Ltd. and/or our representatives.
Fire Curtains Ltd and OM Fire Curtains or any of its
representatives, will investigate notices of copyright
infringement and take appropriate actions.
Product names, logos, images, designs,
titles, words or phrases used on any OM Fire Curtains web sites or distribution outlets websites, including without limitation. OM Fire Curtains logo is a trade mark TM in the UK, Europe and India. The ZigZag™ and CoolZone™ logo's are a trade marks for Fire Curtains Ltd in the UK, Europe and India. Such other trademarks, service marks and trade
names may be registered in the United Kingdom and internationally.
Any person(s), company found
to have tampered, copied, infected or otherwise in anyway
shape or form interfered with any content, design or
any residing content contained within this site without
any prior written permission from Fire Curtains Ltd or
any of its representatives shall be in breach of Digital
Millennium Copyright Act ("DMCA") and other
applicable intellectual property laws. If any or all
of the aforesaid infringements are found to be true,
Fire Curtains Ltd and OM Fire Curtains and its representatives will take the
necessary actions to pursue a relevant course of action and will pursue to prosecute to the fullest amount of the law.
If any person(s) or company is found to be under the
suspicion of infringement upon these 'Terms and Conditions',
they will be immediately removed from having access
to any 'Privileged' areas contained within this site
and its directories until the point (if any) that Fire Curtains Ltd and OM Fire Curtains or its representatives feel that this suspicion
has been ill founded. No content, design or any other
residing material contained within this site shall be
copied or be used in any other way to undermine the
interests of Fire Curtains Ltd. and OM Fire Curtains or any of its representatives.
PERSONAL REGISTRATION INFORMATION.
Customised experience
Fire Curtains Ltd and OM Fire Curtains and or its registered licensed distributors, gather user
information to provide you with a customised experience
on our sites. Your user information helps us tailor
the content to your current and future needs. For this
reason, we may ask you to register or to provide personal
information when you visit certain areas of Fire Curtains Ltd and or OM Fire Curtains web sites, download free software, enter a contest, or subscribe
to a newsletter. If you choose not to register you may
not have access to areas that require personal identification.
E-mail
If you register with
our site , from time to time, we may e-mail you with
informative messages about other services or third party
interests and services we believe may be of interest
to you, such as new features and updated information.
If for any reason you require
your personal information not to be passed on to third
parties, then this request shall be given in writing
by the person(s) in question to Personal Information. The time of the aforesaid request shall
be the exact time in which the written request is received
by Fire Curtains Ltd and or OM Fire Curtains, from the applicable aforesaid person(s)
requesting his/her personal information shall cease
to be available to third parties concerned. Fire Curtains Ltd and OM Fire Curtains or any of its representatives do not accept any
responsibly for actions taken by third parties prior
to and after this exact time of the aforesaid request,
relating to personal information gathered and processed
by Fire Curtains Ltd and OM Fire Curtains or its representatives. We may,
however, keep personal information relating to registration etc,
on record for possible future promotions relating to
Fire Curtains Ltd or OM Fire Curtains and its distributors unless a request
has been received as not to.
By browsing this
site or registering for any service or access to any
content contained within this site or any of
its directories, you are agreeing with the aforesaid
'Terms and Conditions'.
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*"Price Match and 5% Discount"
Supply Only & Supply And Fitting
Proof of Original Quote
For Fire Curtains Ltd or OM Fire Curtains to instigate its price match policy, the original independent quotation will be supplied to Fire Curtains Ltd and/or OM Fire Curtains or its representatives by the customer seeking to take up this offer, so we can establish its authentication. We will not accept anything else as a replacement or as evidence of the original independent quotation. We will only accept the original independent quotation as proof for inclusion in our price match offer if it is supplied to us within 30 days of its original publication date. We do not return any original independent quotations given to Fire Curtains Ltd or OM Fire Curtains and or its representatives in conjunction with this offer.
We will only accept independent quotations from manufactures that:
(1) Do not already belong to the OM Fire Curtains Group and or its distributors.
(2) Are UK manufactures of smoke and fire curtain systems.
(3) Have not already applied their own discount to said quotation.
We do not accept quotations from:
(1) A company that is not registered as a UK Limited company.
(2) A company that does not manufacture smoke and fire curtains within the UK.
Fire Curtains Ltd or OM Fire Curtains, its representatives reserve the right to exclude any person(s) or company(ies) from any Fire Curtains Ltd or OM Fire Curtains offer. No reason shall be given and Fire Curtains Ltd decision is final. Once the person or company applying for any Fire Curtains Ltd or OM Fire Curtains special or promotional offer has been excluded, no further correspondence shall be entered into with Fire Curtains Ltd or OM Fire Curtains and/or its representatives relating to this matter.
Like For Like
Fire Curtains Ltd and OM Fire Curtains or its representatives will only apply the Price Match offer against a "like for like" quotation and build.
5% Discount
5% discount will taken off the final price matched quotation given through the Fire Curtains Ltd or OM Fire Curtains Price Match promise offer.
Offer Exclusions
Credit Payment Accounts
If a credit payment plan has been taken out against against any Fire Curtains Ltd or OM Fire Curtains product or service then this product or service will not be legible for any Fire Curtains Ltd or OM Fire Curtains promotional discount offer.
Our "Price Match"
& "5% Discount " offer is not available with any other Fire Curtains Ltd or OM Fire Curtains offer.
Expiry
Supply and Supply and Fitting
Once a "Price Match and 5% Discount " quotation has been issued, it will only be valid for 30 days after the day of issue.
Retraction
Fire Curtains Ltd or OM Fire Curtains representatives reserve the right to withdraw or amend any or all special or promotional offers without notice.
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OM Fire Curtains"Health Check" & Maintenance Service Plans & Curtain Installation's
Fire and smoke curtains service plans offered by OM Fire Curtains are additional services to all instillation's taken place. The lowest price plan covers an annual onsite attendance for inspection of one fire or smoke curtain and the once annually replacement of emergency back-up batteries per unit. Additional plans will need to be purchased for each and every smoke or fire curtain that needs to be covered by the OM Fire Curtains "Health Check" maintenance package.
Installations
All units manufacture to our exact site surveys are correct at dispatch on date. If there is a request on site to alter, move or enlarge any or all of the fire or smoke curtain equipment whist onsite then any additional time needed to make these changes will be charged at a sequential quarterly daily rate. This time allowance for changes to be made will only be initiated if that OM Fire Curtains Engineer has no other appointments for that day or he or she feels that they have sufficient enough time to make the requested changes.
Replacement Parts
If it is deemed by the allocated OM Fire Curtains "Health Check" engineer that there is a need for additional replacement parts to render that single smoke or fire curtain back to full working order, not including the emergency battery back up replacement already included in that single plan as standard, then these additional parts will encore additional charges to which you will be invoiced either by email or by post.
Please note: Any additional parts needed to render the fire or smoke curtain back to full working order as deemed by the allocated OM Fire Curtains "Health Check" engineer, will be replaced that day if the engineer has these parts available onsite. By taking out any OM Fire Curtains "Health Check" plan, you automatically agree to these terms unless you state otherwise at the immediate point of taking out a OM Fire Curtains "Health Check" plan. If you opt to be notified of any additional replacements parts before replacement is made, not including the standard replacement emergency batteries, and the engineer or OM Fire Curtains representative is not able to gain authorisation from the named representative on the "health Check" plan within 1 hour of notification being made, then replacement will not take place and the site engineer will have to return to the defective smoke or fire curtain at a later day. You will be notified about this fact either by telephone, email, post. If the OM Fire Curtains "Health Check" engineer is unable to replace defective parts within the smoke or fire curtain due down to authorisation not being gained from the named representative upon the OM Fire Curtains "Health Check" plan, within 1 hour of notification being made for the need of replacement parts, then a call back fee will be encored to the named company/person upon the OM Fire Curtains "Health Check" cover plan. If it is found by OM Fire Curtains head office agents that there has not been reasonable effort made to contact the named representative upon the OM Fire Curtains "Health Check" cover plan regarding authorisation for replacement defective parts then the named company/person upon the OM Fire Curtains "Health Plan" cover plan will not be charged a call back fee to replace any or all defective parts once authorisation has been found.
Liability
If on inspection of a smoke or fire curtain, a part/s has been found faulty by a OM Fire Curtains maintenance engineer and in accordance with the maintenance plan that is in place for said smoke or fire curtain, the faulty part needs to be replaced and if a need to activate said fire or smoke curtain at that instance in time arises while the faulty parts have been highlighted, then OM Fire Curtains retains no liability for any loss of assets whilst said fire or smoke curtain is inactive. Whilst in this period of vulnerability the policy holder or its representatives should have in place sufficient protection to compensate for the loss of the initial protection that said fire or smoke curtain would give.
Recommended Maintenance Schedules
For each fire and smoke curtain covered under
each maintenance schedule there are certain recommendations that need to be adhered to. For smoke and fire curtains that have a 2-5 meter drop annual (12 months) inspection is required. For smoke and fire curtains with drops of 6+ meters then a maintenance check after every 12 fire test activations is required or every 6 months which ever comes sooner. An additional charge on 17000 rupees will be added for each additional maintenance check performed above the single annual maintenance check included within each plan.
Attendance Charges
If there is a requirement for any of our OM Fire Curtains engineers to seek overnight stay whist at a scheduled, or in the process of inspecting a smoke or fire curtain, or in the process of installing a smoke or fire curtain, then these costs will be passed onto the client to whom the fire or smoke curtain scheduled/being inspected belongs too. If the fire or smoke curtain scheduled for inspection is more that 200 miles away from the designated OM Fire Curtains inspection centre location, then a mileage charge of 2380 rupees per mile above the initial 200 miles there after will be charged against the account to which the scheduled smoke or fire curtain belongs.
Emergency Call Out Period
Emergency call our times will vary from location to location. Please contact us for more information.
Completion Certificates
All completion certificates will only be issued once a curtain has been fully commissioned. If there is a need for a return visit to the installation site for this commissioning, then these return costs will be passed on to the client. There are no exceptions.
Completion certificate's indicate that all **wiring and installation of said curtain has been complete and said curtain has received satisfactory onsite testing as to establish that said curtain is in full working order on day of testing. All testing and installations are only performed by our fully trained OM Fire Curtains engineers.
**wiring pertaining to external third party devices are not tested and are not covered by any completion certificates issued by OM Fire Curtains.
Sign Off Sheet
If a fire or smoke curtain installation has not been completed and there is a need for a return visit, a sign off sheet will be supplied to establish what work has been completed on that said fire or smoke curtain.
Repeat Call Outs
OM Fire Curtains and its representatives reserve the right to refuse unnecessary repeat call out requests. If the Fire or Smoke curtain covered is deemed in working safe order by the OM Fire Curtains engineer on the last scheduled inspection and a repeat call out request is made within the period of 12 months thereafter the last scheduled inspection or maintenance call out, and a OM Fire Curtains engineer revisits that same fire or smoke curtain to find that smoke or fire curtain to be in safe working order, then a repeat call out charge will be applicable and charged against that persons/company account for each and every time it is found there has been an unnecessary repeat call out. All call out and repeat call out charges are made available on request.
Full Access Required
(1) Immediate and full access is required on all scheduled site inspections, maintenance, survey or installation visits by OM Fire Curtains engineers. If it is found there is a need for further equipment to gain access to that said smoke or fire curtain or site, then preparation is needed to have that equipment made available on that scheduled day and time by that site manager/named person on the OM Fire Curtains plan/company representative. E.g. Scissor lifts.
(2) OM Fire Curtains can arrange for the hire of any equipment needed to gain access to that said fire or smoke curtain, installation site prior to that scheduled site visit. This hire charge will be put against that clients/company account as “additional charges”. Please note if there is a need for OM Fire Curtains to secure the hire of any third party equipment to gain access to the said smoke or fire curtain or installation site, e.g. scissor lift, then at least 5 working days notice is required to be give to OM Fire Curtains by the client/company named on the OM Fire Curtains plan.
(3) On all scheduled site visits OM Fire Curtains engineers will wait for no longer than 30 minutes there after the allotted prearranged time. If full access is not given to the OM Fire Curtains engineers as to perform their task, within that time, to the said fire or smoke curtain or installation then a new repeat visit time will need to be arranged with OM Fire Curtains head office. This repeat visit will be charged against the name company/representative account.
Parts Replacement Cover
All OM Fire Curtains "Health Check" plans will become null and void where "Acts of God" and "Acts of War & Terrorism" are found to be applicable.
Acts of "God"
Violent and catastrophic event caused by forces of nature, which could not have been prevented or avoided by foresight or prudence. An act of God that makes performance of a contractual duty impossible may excuse performance of that duty.
Acts of War & Terrorism
One nation-state commits an act of war on another, with or without a formal declaration of war, thereby threatening a nation's "territorial integrity, political independence or security". Any unit covered under OM Fire Curtains "Health Check" plans is damaged or destroyed by the acts of war or terrorism, where the country in which the covered unit resides, declares war on any other country or the unit covered is damaged or destroyed by acts of war or terrorism by a third party country.
Wilful Damage & Vandalism
All OM Fire Curtains health check and maintenance plans are not covered by wilful damage or vandalism. If it is found that intentional and malicious destruction of or damage to any part or in whole of any or all fire or smoke curtains covered by a OM Fire Curtains “Health Check” or maintenance plan, then this damage or destruction will not be covered by any plan taken out for that said Fire or Smoke Curtain. OM Fire Curtains and its representatives reserve the right to withhold repair or replacement of any or all parts needed to get that smoke or fire curtain back to a safe working level, if it is found, by the OM Fire Curtains engineer, that wilful damage or vandalism has been caused to that said fire or smoke curtain.
Accidental Damage
OM Fire Curtains will not be held responsible for the replacement of any parts on any OM Fire Curtains smoke or fire curtain, due to accidental damage, that is covered by:
(a) Any OM Fire Curtains installation guarantee.
(b) Any OM Fire Curtains Health Check/Maintenance Plan
(c) Any OM Fire Curtains smoke of fire curtain that is not covered by points (a)&(b)
If there is a need to replace any or all parts on a smoke or fire curtain that is either covered by a OM Fire Curtains guarantee or a Health Check/Maintenance Plan, due to accidental damage then it is the responsibility of the client as to ensure there is sufficient third party insurance as to cover these replacement costs, if such an incident should occur.
Third Party Insurance Cover For Accidental Damage
If there is a need for a OM Fire Curtains Engineer to replace any or all parts on a fire or smoke curtain due to accidental damage then OM Fire Curtains will survey and compile a quotation for these replacement parts before any replacement or work takes place. On instruction from the client OM Fire Curtains will then contact the clients insurance brokers with this complied quote as to ascertain the clearance of payment of said quotation for this work to take place. No work shall commence until full clearance of payment has been made from the clients named insurance brokers, for the work and replacement of parts that have been accidentally damaged.
Third Party Insurance Clause
Where applicable If it is found that any third party insurance cover that covers fire or smoke damaged or worse to the property in which a OM Fire Curtains Fire or Smoke curtain "Health Check" plan is in place, to which the applicable "Health Check" plan covers free replacement parts, is found to be null or void,in the event of a fire or worse,for reasons given by that third party insurance company, then OM Fire Curtains reserve the right to revoke any or all OM Fire Curtains "Health Check" plans in place on units residing within the said property covered by the aforesaid third party insurance company and OM Fire Curtains also reserve the right to retract any contractual rights to replace any or all damaged equipment on any or all fire or smoke curtains covered by a OM Fire Curtains "Health Check" plan, that has been caused by that said fire. In short, if there is a fire in a property where there are fire or smoke curtains that have an active OM Fire Curtains "Health Check" plan in place and that properties insurance cover (where applicable) is found to be void. Then all OM Fire Curtains "Health Check" plans will become void with immediate effect.
OM Fire Curtains charge list is available on request.
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CAD Drawings Supplied to OM Fire Curtains
All supply and fit fire and smoke curtain projects require full isometric CAD drawings from the architect in charge of that project. These drawings need to contain a top, front and side elevation of each location where curtains are to be fitted. All masonry indicators, wood indicators, false ceilings indicators, partitioning indicators, sizes etc. need to be included in all drawings supplied to OM Fire Curtains.
If we do not receive this information then we cannot produce accurate CAD fire or smoke curtain installation drawings ourselves. This will delay and encore additional charges for each drawing required.
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Legal Requirement – It is a legal requirement to regularly maintain all fire rated equipment. Under the Regulatory Reform (Fire Safety) Order 2005, there is an obligation to ensure testing in accordance with BS5588-12. Guidance notes can be found here.
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Corporate Credit Accounts and Applications
1. APPLICATION
These terms and conditions apply to all the contracts entered into by OM Fire Curtains hereafter called ‘the Company’. These terms and conditions shall override any terms and conditions sought to be imposed by the Customer.
1.1 CREDIT CHECK
OM Fire Curtains reserve the right to use third party services to check you or your companies past credit history.
2. VARIATION
No variation of the contract or of these terms and conditions shall be effective unless agreed in writing by an authorized officer of the company.
3. PROPERTY IN GOODS
Until the company has been paid in full for the goods comprised in this or any other sale contract between the company and the customer:
(a) The goods comprised in this contract remain the property of the company.
(b) The company may recover those goods at any time from the customer of his successors
or from any liquidator or receiver if the Customer is in default of payment under the terms of his contract with the company, or conveys inability or unwillingness to pay, and for that purpose the company may by its servants or agents enter upon any land or premises where the goods are situated.
(c) If the customer incorporates goods into other goods or uses them as materials for other goods, the property in those other goods become that of the company.
4. PAYMENT
(a) 50% deposit with confirmation of order. Balance due on completion or on agreed terms.
(b) Where repeat business is anticipated credit terms may be granted subject to the customer credit worthiness being approved by the company. Under these circumstances invoices shall be payable on or before the 20th of the month following the month of delivery on completion.
(c) Payment with order or against pro-forma invoice may be required at the discretion of the company.
(d) In the event that the customer and/its agents are unable to accept delivery of any goods and/or completion of any works the company reserves the right to secure payment for such goods and services. The invoice sum under this clause 4(d) shall not exceed 90% of the total price.
(e) The Company reserves the right where the contract is for supply, delivery and installation, to invoice partly on supply and delivery, with the balance on installation. The invoiced sum on supply and delivery shall not exceed 90% of the total price.
(f) Supply only required full payments before manufacture.
5. WARRANTY
The company shall pass on the benefit of or grant to the customer the same warranties and/or guarantees as the company received from its own supplier. The company will replace free of charge any goods which were defective on deliver providing the company is notified in writing of the defect within 1 month of delivery and the goods are returned to the company carriage paid.
6. FINAL PAYMENTS
Any final payments need to be made to OM Fire Curtains no later than 30 days thereafter the date of issue for this invoice. If final payment is not received by OM Fire Curtains by this time, you will be charged 2% above the Bank of England’s base rate per day on any outstanding monies owed to OM Fire Curtains as to cover administration costs and late payment fees. It is in your interest to make sure you have made all final payments to OM Fire Curtains in the allotted time. OM Fire Curtains is a licensed distributor of Fire Curtains Ltd who are an accredited finance licence holder.
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SUPPLY ONLY ORDERS
Payment
Full payment is required by OM Fire Curtains on all "supply only" orders before that order can be processed.
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Fire Curtains Ltd Decisions
All decisions made by Fire Curtains Ltd or its representatives,
on any service or promotional offer, supplied by Fire Curtains Ltd, are final and will not be intimidated by,
encroached upon or over turned by any third party.
MODIFICATION OF THESE TERMS AND CONDITIONS
Fire Curtains Ltd and or its representatives reserve the
right to change, amend or remove any terms, conditions, special offers and
notices under which the Fire Curtains Ltd and OM Fire Curtains services are
offered, including but not limited to the content contained
within any/or all of the directories within Fire Curtains Ltd or OM Fire Curtains developed web sites without giving prior notice. You are responsible
for regularly reviewing these terms and conditions.
Other services that Fire Curtains Ltd and OM Fire Curtains offers are bound by individual terms and conditions. These can be supplied on request.
IF YOU DO NOT AGREE WITH IN ANY OR PART OF THE ABOVE AGREEMENT YOU MUST LEAVE THIS SITE IMMEDIATELY.