PRESTIGE GUARDING LIMITED
1. The Company agrees to indemnify the customer for all tangible loss or damage to goods or property belonging to or held in trust by the Customer arising out of or by reason of the negligence or wilful default of the Company, it’s servants, or agents in the performance of the said service up to a limit of £250,000. However, loss or damage to the Subcontractor’s goods or property arising out of the infidelity of the Company, it’s servants or agents shall be limited to £100,000 including all costs, fees and expenses for any one occurrence or series of occurrences arising out of one event.
2. The Company undertakes to insure for liabilities assumed under Paragraph 1 above and the Customer agrees to indemnify the Company for any loss, damage, claim or expense in excess of the amounts specified.
3. The Company will at the Customers written request increase the limit of insurance referred to in Paragraph 2 to such sum as the Customer shall specify.
4. The Company is also insured in respect of Employers Liability Insurance and Public Liability Insurance. The limit of indemnity under the Public Liability Insurance is £5,000,000 any one accident and unlimited during the period of Insurance.
5. If, at the express wish of the Customer the Company undertake to perform duties extraneous to this Agreement then the Company shall not be liable for any loss or damage arising from the performance of these extraneous duties, irrespective of the fact that such loss or damage may be due to negligence of the Company, it’s servants or agents, unless the Company has agreed in writing to carry out such extraneous duties.
6. The Company shall not be liable for loss or damage of whatsoever nature Suffered by the Customer for failure to carry out the services contracted by reason of;
a) Strike, lock-out or other labour dispute affecting the employees of the Company or the Customer where in the latter case the effect is to prevent or hinder the Company’s servants or agents from performing the Services. However, the Company will not in any circumstances perform any Services which could be construed to be of a Strike-breaking nature.
b) Any event beyond the Company’s control preventing or hindering the Company’s servants or agents travelling to the Customer’s premises inclusive of but not exhaustively comprising mechanical breakdown, impedance by any road traffic congestion and adverse weather conditions.
c) War, act of hostile forces, civil disturbance or extensive disruption of public services, in the event of such occurrence the Services may be suspended until circumstances permit their reinstatement.
d) The presence of hazards due to defective structure or means of access, presence of noxious, toxic, combustible, explosive or radioactive substances or any other state of the Customer’s premises rendering them dangerous in the Company’s opinion to any servant, agent or animal owned, used or employed by the Company.
Notice of all claims being made against the Company in respect of any loss, damage or injury shall be given in writing to the Company and it’s registered address immediately upon discovery of any loss, damage or injury, or within 7 days of incident occurring.
Should any loss or damage as is referred in Paragraph 1 occur any liability arise as a result wholly or in part of the fault of the Customer, it’s employees or agents, the sum payable by the Company shall be reduced by such an amount as is just and equitable, with regard to the degree to which such an amount as is just and equitable, with regard to which such fault is responsible for the loss, damage or liability in question.