- 1 Terms and Conditions
- 2 PERSONAL REGISTRATION INFORMATION
- 3 Customised Experience
- 4 E-mail
- 5 *”Price Match”
- 6 Proof of Original Quote
- 7 Like For Like
- 8 Offer Exclusions
- 9 Credit Payment Accounts
- 10 Expiry
- 11 Supply and Supply and Fitting
- 12 Retraction
- 13 K&D Systems Maintenance Service Plans & Curtain Installations
- 14 Installations
- 15 Replacement Parts
- 16 Liability
- 17 Recommended Maintenance Schedules
- 18 Attendance Charges
- 19 Emergency Call Out Period
- 20 Completion Certificates
- 21 Sign Off Sheet
- 22 Repeat Call Outs
- 23 Full Access Required
- 24 Parts Replacement Cover
- 25 Acts of “God”
- 26 Acts of War & Terrorism
- 27 Wilful Damage & Vandalism
- 28 Accidental Damage
- 29 Third Party Insurance Cover For Accidental Damage
- 30 Third Party Insurance Clause
- 31 CAD Drawings Supplied to K&D Systems
- 32 Legal Requirement
- 33 Corporate Credit Accounts and Applications
- 34 SUPPLY ONLY ORDERS
- 35 Single Barrel & Double Barrel Athentic Fire Test Certification
- 36 K&D Systems Decisions
- 37 MODIFICATION OF THESE TERMS AND CONDITIONS
Terms and Conditions
Copyright © K&D Systems All Rights Reserved.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS YOU MUST AGREE TO ABIDE BY THEM WHEN REGISTERING WITH AND USING K&D Systems. AND ITS FACILITIES OR SERVICES.
Software: Any software made available to you via download through this web site (or any of its directories), is copyrighted by K&D Systems. and/or our representatives.
K&D Systems 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 K&D Systems web site, including without limitation. K&D Systems logo which is a trade mark in the UK and Europe. 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 K&D Systems 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, K&D Systems and its representatives will take the necessary actions to pursue a relevant course of action. 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 K&D Systems. 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 K&D Systems. or any of its representatives.
PERSONAL REGISTRATION INFORMATION
K&D Systems gathers 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 K&D Systems, 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.
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 K&D Systems from the applicable aforesaid person(s) requesting his/her personal information shall cease to be available to third parties concerned. K&D Systems and 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 K&D Systems and its representatives. We may, however, keep personal information relating to registration, on record for possible future promotions relating to K&D Systems and its subsidiaries 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’.
Supply Only & Supply And Fitting
Proof of Original Quote
For K&D Systems to instigate its price match policy, the original independent quotation will be supplied to K&D Systems and/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 K&D Systems in conjunction with this offer.
We will only accept independent quotations from manufactures that:
- Are UK manufacturers of smoke and fire curtain systems.
- Have not already applied their own discount to said quotation.
We do not accept quotations from:
- A company that is not registered as a UK Limited company.
- A company that does not manufacture smoke and fire curtains within the UK.
K&D Systems and its representatives reserve the right to exclude any person(s) or company(ies) from any K&D Systems offer. No reason shall be given and K&D Systems decision is final. Once the person or company applying for any K&D Systems special or promotional offer has been excluded, no further correspondence shall be entered into with K&D Systems and/or its representatives relating to this matter.
Like For Like
K&D Systems will only apply the Price Match offer against a “like for like” quotation and build.
Credit Payment Accounts
If a credit payment plan has been taken out against against any K&D Systems product or service then the product or service will not be legible for any K&D Systems promotional discount offer.
Our “Price Match” offer is not available with any other K&D Systems offer.
Supply and Supply and Fitting
Once a “Price Match” quotation has been issued, it will only be valid for 30 days after the day of issue.
K&D Systems and its representatives reserve the right to withdraw or amend any or all special or promotional offers without notice.
K&D Systems Maintenance Service Plans & Curtain Installations
Fire and smoke curtains service plans offered by K&D Systems are additional services to all installations 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 K&D Systems maintenance package.
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 K&D Engineer has no other appointments for that day or he or she feels that they have sufficient enough time to make the requested changes.
If it is deemed by the allocated K&D Systems maintenance 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 K&D Systems maintenance engineer, will be replaced that day if the engineer has these parts available onsite. By taking out any K&D Systems maintenance plan, you automatically agree to these terms unless you state otherwise at the immediate point of taking out a K&D Systems maintenance 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 K&D Systems 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 K&D Systems maintenance 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 Fire Curtains maintenance 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 K&D Systems maintenance cover plan. If it is found by K&D Systems head office agents that there has not been reasonable effort made to contact the named representative upon the K&D Systems maintenance cover plan regarding authorisation for replacement defective parts then the named company/person upon the K&D Systems “Health Plan” cover plan will not be charged a call back fee to replace any or all defective parts once authorisation has been found.
If on inspection of a smoke or fire curtain, a part/s has been found faulty by a K&D Systems 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 K&D Systems retains no liability for any loss of assets whilst said fire or smoke curtain is inactive. Whilst in this period of vulnerability the policyholder 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 £200 will be added for each additional maintenance check performed above the single annual maintenance check included within each plan.
If there is a requirement for any of our K&D Systems 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 K&D Systems inspection center location, then a mileage charge of 28p 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 are limited to between the hours of 8.00 am and 5.30 pm (GMT) Monday to Friday. This does not include bank holidays and national holidays
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 K&D are only performed by our fully trained K&D Systems engineers.
**wiring pertaining to external third party devices are not tested and are not covered by any completion certificates issued by K&D Systems
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
K&D Systems 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 K&D Systems 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 K&D Systems 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
- Immediate and full access is required on all scheduled site inspections, maintenance, survey or installation visits by K&D Systems 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 K&D Systems plan/company representative. E.g. Scissor lifts.
- K&D Systems 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 K&D Systems 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 K&D Systems by the client/company named on the K&D Systems plan.
- On all scheduled site visits K&D Systems engineers will wait for no longer than 30 minutes there after the allotted prearranged time. If full access is not given to the K&D Systems 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 K&D Systems head office. This repeat visit will be charged against the name company/representative account.
Parts Replacement Cover
All K&D Systems maintenance 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 K&D Systems maintenance 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 K&D Systems 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 K&D Systems “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. K&D Systems 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 K&D Systems engineer, that wilful damage or vandalism has been caused to that said fire or smoke curtain.
K&D Systems will not be held responsible for the replacement of any parts on any K&D Systems smoke or fire curtain, due to accidental damage, that is covered by:
- Any K&D Systems installation guarantee.
- Any K&D Systems Health Check/Maintenance Plan
- Any K&D Systems 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 K&D Systems guarantee or a 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 Fire Curtains Engineer to replace any or all parts on a fire or smoke curtain due to accidental damage then K&D Systems will survey and compile a quotation for these replacement parts before any replacement or work takes place. On instruction from the client K&D Systems 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 K&D Systems Fire or Smoke curtain maintenance plan is in place, to which the applicable maintenance 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 K&D Systems reserve the right to revoke any or all K&D Systems maintenance plans in place on units residing within the said property covered by the aforesaid third party insurance company and K&D Systems 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 K&D Systems maintenance 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 K&D Systems maintenance plan in place and that properties insurance cover (where applicable) is found to be void. Then all K&D Systems maintenance plans will become void with immediate effect.
K&D Systems charge list is available on request.
CAD Drawings Supplied to K&D Systems
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 K&D Systems.
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.
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.
Corporate Credit Accounts and Applications
These terms and conditions apply to all the contracts entered into by K&D Systems hereafter called ‘the Company’. These terms and conditions shall override any terms and conditions sought to be imposed by the Customer.
K&D Systems reserve the right to use third party services to check you or your companies past credit history.
No variation of the contract or of these terms and conditions shall be effective unless agreed in writing by an authorised officer of the company.
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:
- The goods comprised in this contract remain the property of the company.
- 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.
- 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.
- 50% deposit with confirmation of order. Balance due on completion or on agreed terms.
- 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.
- Payment with order or against pro-forma invoice may be required at the discretion of the company.
- 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.
- 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.
- Supply only required full payments before manufacture.
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.
Any final payments need to be made to K&D Systems no later than 30 days thereafter the date of issue for this invoice. If final payment is not received by K&D Systems by this time, you will be charged 2% above the Bank of England’s base rate per day on any outstanding monies owed to K&D Systems as to cover administration costs and late payment fees.
It is in your interest to make sure you have made all final payments to K&D Systems in the allotted time
SUPPLY ONLY ORDERS
Full payment is required by K&D Systems on all “supply only” orders before that order can be processed.
Single Barrel & Double Barrel Athentic Fire Test Certification
Time Shield™ Single Barrel & Twin Skin™ Double Barrel Fire & Smoke Curtain Certification. Normal single barrel fire curtains are fire tested individually on single barrel systems and to which they are awarded a single barrel fire test certificate. This single barrel certificate DOES NOT cover overlapping, double barrel fire and smoke curtain systems. An additional fire test certificate is required by law, for double barrel systems. K&D Systems has both, that’s single AND double barrel certification.
K&D Systems Decisions
All decisions made by K&D Systems or its representatives, on any service or promotional offer, supplied by K&D Systems, are final and will not be intimidated by, encroached upon or over turned by any third party.
MODIFICATION OF THESE TERMS AND CONDITIONS
K&D Systems and or its representatives reserve the right to change, amend or remove any terms, conditions, special offers and notices under which the K&D Systems services are offered, including but not limited to the content contained within any/or all of the directories within K&D Systems developed web sites without giving prior notice. You are responsible for regularly reviewing these terms and conditions.
Other services that K&D Systems offer 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.