SCOPE OF SERVICES & LIMITS OF LIABILITY
- Fawcetts shall not be liable to The Hirer for any loss or damage sustained by The Hirer as a consequence of any act or omission of Fawcett’s employees, unless such act or omission was wilful or grossly negligent and was committed in the course or scope of the employment of the employee concerned.
- The duties of any Guard are limited to the performance of the Services provided in terms hereof or necessarily implied in such performance and, if The Hirer enlists the services of a Guard for any other activity, the risk will fall on The Hirer. Under no circumstances whatsoever shall Fawcetts be liable for any loss or damage attributable to any act or omission on the part of a Guard which falls outside the scope of the Guard’s employment in respect of the duties set out in the Standing Instructions, and it is specifically agreed by The Hirer that neither Fawcetts nor any Guard placed in terms of this Contract has been placed in custody of any goods or property that may be in or on the premises or location which is the subject of this Contract.
- It is recorded and agreed that, in undertaking to provide its services to The Hirer, Fawcetts does not warrant that it will succeed in preventing any loss, damage, injury or other event that The Hirer fears might occur.
- Fawcetts shall not be liable for any loss attributable to any delay or failure to carry out its services by reason of riots, strikes, lock-outs, labour disputes, weather conditions, traffic congestion, mechanical breakdown or the condition of any road, computer failure, electrical or telephone failure or from any cause which is beyond Fawcetts control, provided that, notwithstanding the foregoing, Fawcetts shall take all reasonable steps to overcome any delay or obstruction encountered by it, and Fawcetts reserves the right to raise additional charges to recover any additional costs that may necessarily result from such steps taken to overcome such delay or obstruction.
- Fawcetts will not be held liable for any loss that could have been prevented had recommendations made by Fawcetts been implemented by the Hirer. Similarly, Fawcetts will not be held liable where the loss is not as a result of gross negligence on the part of the Fawcett’s guards.
- Under no circumstances whatsoever shall Fawcetts be liable for any consequential or economic damages, including any loss in the value of money, caused wholly or contributorily or arising directly or indirectly out of any physical or direct loss of, or damage to property or injury to person.
- If, despite the foregoing disclaimers, Fawcetts is found by a competent tribunal to be legally liable to compensate The Hirer, its liability shall be confined to claims which are notified in writing at Fawcett’s domicilium citandi et executandi within 7 (seven) days of the happening of the event and, subject to the provisions of Paragraph 9, shall be limited in any one calendar month to a sum not exceeding USD250,000.00 or the equivalent in Zimbabwe Dollars at the official rate of the day, subject to a standard 10% excess. It is recorded that claims shall be settled in the currency of the account.
FAWCETTS NOT INSURER & MITIGATION OF DAMAGES
- Fawcetts is not the insurer of The Hirer and therefore The Hirer agrees to take out such insurance as it may deem necessary against any harm or loss as it may consider appropriate, whether despite or in consequence of the guard service provided by Fawcetts, and Fawcetts agrees that The Hirer may cede any right of action it may have against Fawcetts to any insurer with whom The Hirer may have insured any risk arising out of this Contract.
- The Hirer recognises that in times of inflation, costs increase rapidly and accordingly, The Hirer undertakes, in the event of any loss suffered by it, to mitigate its loss without delay and, in giving this undertaking, agrees that any damages it may be granted, notwithstanding the disclaimers contained in this Contract and without derogation from the limit set out in Paragraph 7, shall be limited to the value of such damages as at the date of the loss.
UNDERTAKINGS BY HIRER
- The Hirer undertakes that during the period of this Contract and for one year after the termination thereof, it will not offer or give employment in any security capacity to any person who is or has been an officer or servant of Fawcetts, nor employ any security company promoted or directed by such person.
- The Hirer irrevocably indemnifies Fawcetts, its Directors, employees and representatives against any claim that may be instituted against any one or more of them, and which arises out of or is in connection with any search conducted by any of Fawcett’s personnel, or any arrest made in good faith in the course of the duties provided by Fawcetts in terms of this Contract.
FINANCIAL AND ESCALATION OF COSTS
- The Hirer agrees to pay interest on any overdue or outstanding accounts at the rate charged from time to time by Fawcett’s bankers in respect of overdraft facilities.
- The Hirer undertakes that it will not withhold the payment of fees in consequence of any claim for any loss, or in terms of any claim for set-off unless agreed to in writing by Fawcetts.
- In the event of any increase in wages, other direct costs or any change in the Consumer Price Index which impacts adversely on Fawcett’s operations, Fawcetts shall have the right to increase its charges without notice, provided that Fawcetts shall use its best endeavours to give The Hirer as much notice of any pending increase as is possible. The Hirer, if it does not accept such increase in charges, shall have the right to cancel the services provided by giving one calendar month’s notice in writing during which notice period The Hirer will be invoiced at the rate existing prior to the increase.
RESOLUTIONS OF DISPUTES AND JURISDICTION
- Fawcetts will not enter into dispute over any matter arising from the Services provided in terms of this Contract with anyone other than The Hirer or its legally appointed representative.
- Should it be necessary, for any reason, for Fawcetts to engage Legal Practitioners to pursue any action, the costs of such Legal Practitioner shall be payable by The Hirer on the scale as between Legal Practitioner and Client, including any commission at Law Society Tariff Rates.
- The terms and conditions set out herein shall apply to any additional services provided to The Hirer from time to time, whether temporary or permanent and whether set out as an amendment or addition to the Schedule or not.
- Services in terms of this Contract will continue to be provided and charges raised until the services are terminated by The Hirer, whether or not the services are required by The Hirer, and the onus for termination rests entirely on The Hirer.
- It is recorded that, except by special arrangement in writing, Fawcetts does not provide supervision of guards outside city and suburban limits.