a) The Customer shall be always responsible and at its own cost for the insurance against all risks of all the Customers’ property and goods on the premises where the Services are to be provided including all risks relating to those premises themselves, notwithstanding the provision of the Services by the Company.
b) The Company shall not be liable to the customer nor to any third party for loss of or damage to property or goods in which the Customer does not have a proprietary interest or in relation to which the Customer is nothing more than a gratuitous bailee.
c) Any liability of the Company shall be limited to claims of which the Company is notified in Writing and any claims of the Customer shall be limited to the replacement value of any goods of the Customer provided that if the Customer is Insured against any of the loss or damage alleged the Company shall not be required to make any payment to the Customer.
d) The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations under the Contract if the delay or failure was due to any cause beyondnd the Company’s reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control: act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or rrequisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority strikes, lock-outs (whether involving employees of the Company or a third party); adverse weather conditions, mechanical breakdown, obstruction of any public or private roads.
e) The Company shall not be liable for any loss or damage caused by the failure of the Customer to fulfil the security recommendations, which have been made to it in Writing by the Company in connection with the operation of the Services.
f) Insofar as the Company accepts that any loss or damage is caused by an act of theft committed by one or more employees of the Company, it shall, subject to the Customer having maintained insurance cover in respect of such acts of theft and having reported such acts of theft to the police within 48 hours of the Customer having discovered the same, indemnify the Customer against such loss or damage up to a maximum amount of £1,000 in any period of twelve months provided that the Customer has made a valid insurance claim in respect of such acts of theft and that the liability of the Company shall be reduced by the amount of any insurance payment received by the Customer.
5. CUSTOMER UNDERTAKING
a) The Customer Undertakes that it will not, during the term of the contract and within three months after the termination of the contract, either on its own account or for any other person directly or indirectly employ, solicit, interfere with or endeavor to entice away from the Company any person who to its knowledge is now or has during the three-month period preceding the termination of the contract been an employee of the Company.
b) If the Customer shall be in breach of clause 5(a) above in respect of any one servant or former servant of the Company then the Customer shall pay the Company the sum of £500 (five hundred pounds) liquidated damages and the Customer agrees that the said sum
of five hundred pounds (£500) is a reasonable estimate of the Company’s investment in the recruitment and training of such a servant.
c) The Customer shall notify the Company of any dishonest, wrongful, or negligent acts or omissions of the Company’s employees or agents in connection with the services as soon as possible after the client becomes aware of them.
Either party may terminate the contract by providing three month’s written notice to the other if.
a) The other party is in material breach of its obligations under the contract and in the case of such breach capable of being remedied, fails to remedy that breach within 28 days of receiving written notice of such breach.
b) If any payment due to the Company from the Customer shall remain unpaid for a period of four weeks after the same shall become due, the Company may give to the Customer seven days’ notice to terminate the Contract and unless such sum has been paid before the expiry of such notice, the contract shall upon such expiration terminate and the Company’s obligations under it shall cease without prejudice to the liability of the Customer in respect of such or any other breach of the contract.
c) The Company shall be entitled to terminate the Contract forthwith if:
i) The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being in individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or ii) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the customer, or
iii) The Customer ceases, or threatens to cease, to carry on business; or
iv) The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and
notifies the Customer accordingly.
The benefit of the contract may not be assigned by the Customer
8. MODIFICATION OF CONDITIONS
The Customer and the Company agree that all clauses and sub-clauses of these conditions are separate and severable and enforceable accordingly and whilst any restrictions or exclusions on the Company’s liability are considered by the Customer and the Company to be reasonable in all circumstances it is acknowledged that restrictions and exclusions of such a nature may be invalid because of changing circumstances or other unforeseen reasons and accordingly if any of the restrictions or exclusions shall be adjudged to be valid and effective if part of the wording thereof were deleted they shall apply with such modifications as may be necessary to make them valid and effective.
a) If any provision of the conditions is held by any competent authority to be invalid or unenforceable in whole or in part of the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
b) The contract shall be governed by the laws of England.