Terms, Conditions and Indemnity
1. DEFINITIONS
Unless stated otherwise, the following terms and words will have the meaning given to them below:
Act means the Private Security Industry Regulation Act Number 56 of 2001 and the Regulations in
respect thereof.
Agreement means the agreement and quotation once it has been accepted by the customer.
Guarantee means the guarantee explained in paragraph 2 below.
Normal Working Hours means 8am to 5pm, Monday to Friday, excluding public holidays.
Instructions mean any instructions FORTE issues to the Client from time to time, including any verbal
instructions and any manual relating to the system.
Premises mean the building where the system is installed or any other premises where you may
install the system from time to time.
Warden means Security Officer or Guard.
We, Our, Us, Forte means Forte Risk Management cc, Registration number 2010/073413/23,
including where appropriate our employees, agents and/or sub-contractors and our successors-in-title.
You, Your, the Client means the person who enters into the agreement with Forte Risk Management.
2. FORTE RISK MANAGEMENT GUARANTEE
2.1 In accepting this quotation, you agree to accept Forte’s Terms and Conditions found on its
website www.forterisk.co.za
2.2 Forte Risk Management guarantees that Forte will repair faults (workmanship) in the system
installed by Forte free of charge for 12 months from date of installation.
2.3 This guarantee does not apply to equipment installed at the premises prior to the Forte installation
or installation of equipment at any time by a third party.
2.4 This guarantee does not apply to faults caused by:
a) Work carried out out by any authority, including police, fire etc., or by any telecommunications
agency/company or by another party.
b) Lightning or any other Acts of God.
c) A third party or by the client.
3. FORTE RISK MANAGEMENT CONDITIONS OF SALE
3.1 Payment in respect of the services or goods shall fall due 30 days from date of statement.
3.2 In the event of any delay in payment, the Purchaser shall pay to Forte Risk Management a late
payment charge of 2% per month or part thereof, or alternatively at the maximum rate of interest
permissible at law, calculated from the date of due payment to the date of actual payment.
3.3 Forte’s liability for defective equipment is limited to the replacement of the piece of equipment
found to be defective.
4. PURPOSE OF SECURITY INSTALLATION/SERVICE
5.
4.1
The system is designed to reduce the risks of loss or damage at the Premises so far as this
can be done by the use of this type of equipment or service. Forte does not, however,
guarantee that the system cannot be removed, tampered or interfered with, or that there will
be no miscommunication problems, or prevented from working by you or by any other person.
We are accordingly not liable to you for any loss or damage you or any other party may suffer
however arising from any such removal, tampering and interference or from the System being
prevented from working in any manner.
4.2
Furthermore, Forte Risk Management does not undertake or guarantee to the client that:
4.2.1
particular losses or injuries will be prevented by using the system; or that
4.2.2
the system will work continuously and without error; or
4.2.3
that radio signals or any other communication cannot be disrupted
4.3
The system, like all mechanical and electrical devices, can develop faults
4.4
Forte does not know the value of the premises or its contents and the purpose of the
installation or service to you is not to act as insurer of the client, the client’s invitees, the
premises or the contents thereof.
INDEMNITY
5.1.
The sole object and function of the Security Service and Security Personnel provided by
FORTE is to prevent or minimise the risk of loss or damage to property and injury to persons by
fire, theft, burglary or vandalism and FORTE gives no warranty or guarantee that its Security
Personnel will be able to prevent or minimise such loss, damage or injury.
5.2.
FORTE and its Security Personnel shall not be liable to the Client or any Third Party for
death of or injury to or illness sustained by any person (hereinafter referred to as "Injury") or
loss of or damage to property (hereinafter referred to as "Damage") whether direct or
consequential and howsoever caused and the Client will indemnify and hold harmless FORTE
and its Security Personnel in respect of all claims arising out of any such Injury or Damage
unless and only to the extent that it can be proven that such Injury or Damage shall have been
caused by the gross negligence of or wilful disregard of duties by FORTE or its Security
Personnel.
5.3.
(a)
The Client shall be deemed to have furnished FORTE and its Security Personnel
with authority to search any person, property or premises of any person or concern.
(b)
The Client shall be deemed to have furnished FORTE and its Security Personnel
with authority in terms of Section 42 (3) of Act 51 of 1977 to arrest any person found
committing any offence on or in respect of its premises or any part thereof.
(c)
The Client irrevocably indemnifies FORTE and its Security Personnel against any
claim or claims which may be instituted against any one or more of them, which claim or
claims arise out of or in connection with any search or arrest.
5.4
To ensure proper functioning of the security personnel and the security of the client’s vehicles,
it is agreed:
5.4.1 that the Security Site shall provide the Security Personnel with all reasonable facilities
relating to accommodation, warmth and communications to enable such personnel to carry out
their duties in the manner expected of them.
5.4.2 that all keys to all vehicles on the Security Site are locked away and not accessible to
Security Personnel.
5.4.3 that where the Security Site constitutes a vehicle showroom, lot or yard to which the
public have access after normal working hours, all access to and egress from such showroom,
lot or yard shall, after normal working hours, be protected in such a manner as to prevent
removal of the vehicles without damage thereto.
6.
IMPORTANT INFORMATION
6.1.
THE TARGET
The target will always be the Client or his property and no amount of security protection, whether in the
form of Wardens or Detection Equipment, will change this.
6.2.
THE CRIMINAL INTENT
It is the basic intention of the criminal to gain entry into and exit from the premises or otherwise attack
the Target without being detected and the more sophisticated the protection, the more sophisticated are
the methods used by the criminal. Therefore, the Contract is not to include any guarantees or warranties
that the Security Contractor will be able to prevent loss, etc.
6.3.
THE RISKS
In view of 1 and 2 above, any risk to the assets or personnel of the Client or his customers, etc., is to
remain with the Client.
The Client can only employ the services of a Security Contractor as a deterrent against loss and the
client will expect the Security Personnel to use their specialised training to do just this. Consequently, if
loss occurs and it can be proved that such loss could have been avoided or reduced had the Security
Personnel acted as would have been expected of them in the circumstances prevailing, then the Client
will expect the Contractor to make good the loss - this is the risk carried by the Contractor.
There are many risks which can be deemed to apply in general to the carrying out of security duties,
whether such duties are carried out by the Client or the Contractor, e.g. the arrest of a suspected
shoplifter often leads to a claim for defamation or injuria notwithstanding that the arrest was carried out
in an orderly manner. Consequently, those risks which apply where the Security Personnel have acted
as can be expected of them must continue to be carried by the Client as the same risk would have
applied if the Client had used his own staff to carry out the same duties. One cannot, on the one hand,
expect the Security Personnel to act as expected and, on the other hand, expect to pass the risk of a
claim to them when they do.
7.
RECOMMENDATION
In the light of the purpose of the security system, the security service rendered, the limits of the Guarantee
and the exemptions from and limitation of FORTE’s liability to the client described above, Forte strongly
recommends that the client take out separate insurance to cover you, your invitees, the Premises and the
contents thereof.