Connection Code

NEW ZEALAND FIRE SERVICE

FIRE ALARM MONITORING SYSTEM AGREEMENT

Alarm System Owner's Name: .......................................................................................................................

Alarm System Owner's Address: ....................................................................................................................
.........................................................................................................................................................................
Alarm System Owner's Contact Nos: Tel................................................ Fax..................................................
Alarm System Owner's Email Address: .........................................................................................................
Protected Premises: .........................................................................................................................................
Premises Address: ...........................................................................................................................................
.........................................................................................................................................................................
Alarm System Manufacturer: ...........................................................................................................................
Alarm System Make/Model: .............................................................................................................................
Alarm System Connected to: ...........................................................................................................................
The Alarm System Owner agrees to comply with the terms and conditions set out in the Schedule to this
Agreement.
SIGNED for and on behalf
of the Alarm System Owner

...........................................................................

Name of Above: ................................................................ Position: ..............................................................

Dated: ............................................. day of ................................................................... 20..........
The signatory confirms he/she is authorised to sign this Agreement for and on behalf of the Alarm System
Owner
Approval
The New Zealand Fire Service Commission grants approval to connect the Alarm System.
SIGNED for and on behalf
of the Commission

...........................................................................

Name of Above: .................................................................................... (NZFS or its agent)

Dated .............................................. day of ................................................................... 20 .........
The signatory confirms he/she is authorised to sign this Agreement for and on behalf of the New Zealand Fire
Service Commission

SCHEDULE
TERMS AND CONDITIONS OF CONNECTION TO THE
NEW ZEALAND FIRE SERVICE ALARM MONITORING SERVICE
1.

DEFINITIONS
In this Agreement unless the context otherwise requires:

2.

3.

4.

1.1.

"Authority Having Jurisdiction" has the same meaning given to that expression in NZS 4541, or any other applicable New Zealand
Standards

1.2.

"ATS" means Alarm Transport Service.

1.3.

"Alarm System" includes Fire Alarm or Sprinkler System in the Protected Premises.

1.4.

"Contractor" means any person who carries out any work in connection with the design, supply, construction, maintenance or repair of the
Alarm System.

1.5.

"Customer" means the Alarm System Owner.

1.6.

"Fire Service" or "NZFS" means the New Zealand Fire Service.

1.7.

"Monitoring System" means the New Zealand Fire Service system for the monitoring of private fire alarm and sprinkler system signals.

1.8.

"NZS 4541" means the New Zealand Standard in respect of automatic fire sprinkler systems issued by Standards New Zealand and as
amended or substituted from time to time.

1.9.

"Protected Premises" means the Customer's premises at the address set out in this agreement in which the Alarm System is installed.

1.10.

"Service Provider" means the service provider of the Monitoring System or any part thereof .

GENERAL
2.1.

The NZFS hereby agrees to connect the Alarm System to the NZFS Monitoring System subject to the Customer's compliance with the
terms and conditions in this Agreement.

2.2.

The NZFS reserves the right to make changes to the NZFS Monitoring System and the administration of the NZFS Monitoring System. The
NZFS shall use its best endeavours to minimise these changes at the Customer end and keep any associated costs to a minimum.

2.3.

The NZFS may employ an agent to manage and administer the monitoring of the NZFS Monitoring System.

CONNECTION
3.1.

The Customer shall provide a suitable environment to install the LTX at the Service Provider demarcation point of site/building. This shall
include sufficient mains power outlets, adequate lighting and air temperature control. If the Customer requires an alternative location
elsewhere on the site/building then suitable data cabling shall be provided at the Customer's expense.

3.2.

NZFS must approve the proposed Alarm System in general, its site plan, panel layout and siting, panel index layout, sprinkler inlet location
and sprinkler inlet valve group, in accordance with the appropriate New Zealand Standards prior to connection to the NZFS Monitoring
System.

3.3.

NZFS does not guarantee that connection of the Alarm System to the NZFS Monitoring System will be continuous or fault free.
Circumstances beyond the control of NZFS may cause the connection to be interrupted. Interruption to the connection may be required to
comply with a legislative requirement or in order to repair or work on NZFS or Service Provider equipment.

3.4.

NZFS is not required to connect the Alarm System to the NZFS Monitoring System under this agreement where it is not reasonably practical
to do so because of force majeure. NZFS will reconnect the Alarm System or perform its other obligations as soon as reasonably
practicable after the event of force majeure ends.

3.5.

The Customer shall comply with all the statutory requirements which affect the Alarm System.

3.6.

The Customer shall provide a plan of the Protected Premises, to the NZFS for operational and alarm record purposes. This plan will show
the extent of the Alarm System coverage and shall be of a standard reasonably determined by the NZFS.

3.7.

Officers or agents of the NZFS, upon written request and giving 24 hours notice, shall be granted access to inspect the Alarm System and
the Protected Premises at reasonable times during normal working hours.

3.8.

The Customer shall introduce a procedure (to the reasonable satisfaction of the NZFS or its agent) that allows the NZFS or its agent a
means to advise by automatic communication the occupier or a Contractor in the event of any abnormal condition being signalled by the
Alarm System.

3.9.

Prior to connection the Customer shall provide names and telephone/fax numbers of the people responsible for the Protected Premises and
the Alarm System to allow contact to be made at any time by the NZFS or its agents.

ACCESS
4.1.

The Customer shall on request supply to the NZFS, or its agents, master keys or sets of keys (or equivalent, eg access cards or codes)
allowing access to all parts of the Protected Premises. The set of keys shall not exceed six.

4.2.

The Customer shall advise the NZFS, or its agent, of any changes to the security for which keys access cards or codes have been supplied
and supply any further keys access cards or codes as necessary.

4.3.
5.

6.

7.

Where access to the Protected Premises is through part of a larger complex which does not have alarm monitoring, keys for those outer
areas are required. Where keys are not issued, NZFS will effect entry as best it can.

MAINTENANCE
5.1.

The Customer is responsible for testing and maintaining the Alarm System, or making suitable arrangements for doing so, in good working
order to the appropriate NZ Standards at the Customer's expense.

5.2.

The Customer is responsible for ensuring that the Alarm System is maintained to such a standard that false calls are not generated from the
installation.

5.3.

Before work of any nature is carried out on the Alarm System the NZFS shall be given reasonable notice by the Customer of the nature of
the work and the name of the Contractor or the Contractor working on the Customer's behalf. All tests shall be at a time convenient to both
the NZFS and the Customer.

5.4.

Any testing and maintenance shall be carried out by a Contractor approved by the Authority having jurisdiction if such approval is required
by the relevant New Zealand Standards.

ALTERATIONS
6.1.

The Customer shall give prior notification to the NZFS of any intended alterations to the Alarm System or any material factor which would
affect in any way the operation of the Alarm System.

6.2.

Alterations shall comply with the relevant New Zealand Standards and any change to the siting or detail of an alarm panel, fire sprinkler inlet
or valve group shall be first approved by the NZFS, such approval not to be unreasonably or arbitrarily withheld.

6.3.

The NZFS or its agent reserves the right to inspect any alterations to an Alarm System.

6.4.

The Customer shall give fourteen days notice in writing to the NZFS or its agent prior to any change in ownership of the Alarm System, or
any change in protection afforded by the Alarm System.

6.5.

The Customer shall give the NZFS or its agent immediate notice in writing of any change to the Contractor.

DISCONNECTION
7.1.

The Customer shall give fourteen days notice in writing to the NZFS or its agent of the Customer's intention to disconnect.

7.2.

The NZFS or its agent, reserves the right to disconnect (or cause to be disconnected) the Alarm System from the Monitoring System
following at least fourteen days written notice of intention to do so:
7.2.1.

for non-payment of any fees or charges payable to the NZFS within one calendar month of the due date;

7.2.2.

for repeated false alarms which result in the attendance of NZFS personnel and vehicles;

7.2.3.

if testing is not carried out satisfactorily and if any abnormalities in the Alarm System are not remedied by the Customer promptly
to the satisfaction of the NZFS or its agent;

7.2.4.

for failure to take reasonable steps to comply with New Zealand Standards;

7.2.5.

if the provision of any part of the Monitoring System service by the Service Provider is withdrawn or terminated by the Service
Provider for any reason; or

7.2.6.

if the Customer is in breach of any terms or conditions of this Agreement.

7.3.

The Customer, upon disconnection or termination of this Agreement, shall permit the Service Provider access to the property at all
reasonable times for the sole purpose of disconnecting and retrieving the Service Provider equipment but at no cost or liability to the Service
Provider.

7.4.

If NZFS has disconnected the Alarm System, NZFS may, as a condition of reconnecting the Alarm System, require the Customer:7.4.1.

to pay NZFS all outstanding amounts (except for those genuinely in dispute); and/or a reasonable reconnection fee; and/or a
deposit as security for future payments; and

7.4.2.

to agree to such additional terms and conditions as are reasonable in the circumstances.

NZFS will reconnect as soon as practicable after the above conditions have been satisfied.
7.5.
8.

The Customer shall continue to be responsible for any charges incurred between the time of notice of disconnection or termination of this
Agreement is given and the actual disconnection of the Alarm System. This clause shall survive termination of this Agreement.

COSTS
8.1.

The Customer shall pay the NZFS or its agent the fees and costs for all services provided by the NZFS under this Agreement. The NZFS or
its agent will invoice the Customer or, in appropriate cases, the agent of the Customer responsible for payments of outgoings in respect of
the Protected Premises.

8.2.

The fees may be reviewed and adjusted from time to time according to a scale published by the NZFS.

8.3.

The NZFS is not responsible for the cost of any Alarm System equipment installed in the Protected Premises.

8.4.

An initial connection fee and quarterly service fee shall be paid to the NZFS or its agent for each Alarm System connected for which the
Customer is liable.

8.5.

The connection fee shall be paid within seven business days of receipt of an invoice by the Customer. If the connection fee is not received
the work involved in planning and making the connection may not start.

9.

10.

11.

8.7.

Subsequent quarterly fees shall be paid in advance as they fall due.

8.8.

False alarm fees may be imposed on the Customer by the NZFS through its agent for false alarms caused by repeatedly defective Alarm
Systems in accordance with a scale laid down by the NZFS. Notwithstanding section 47C(4) of the Fire Services Act 1975, where the
Customer is a body corporate in terms of the Unit Titles Act 1972 the Customer agrees and acknowledges that it is liable to pay any charge
levied by NZFS, for attending a false fire alarm at the Protected Premises, whether or not that false alarm occurred in the common property,
or any particular unit of the Protect Premises.

8.9.

Fees shall be paid in full for all periods including periods of temporary disconnection and subject to Clause 7.2.5 without right of refund
provided always that the current fee may at the discretion of the NZFS be apportioned between the Customer and any new Alarm System
owner who would be liable for fees.

8.10.

Notwithstanding clauses 8.1 to 8.9, at the Customer's request, the NZFS may agree to charge the tenants or occupiers of the Protected
Premises for any services provided by NZFS to those tenants or occupiers. In the event of non-payment by those tenants or occupiers the
NZFS reserves the right to recover payment including interest from the Customer.

8.11.

Where any amount due to the NZFS by the Customer or the tenants or occupiers of the Protected Premises remains unpaid for one month
or more following the date on which it is due then, without prejudice to the right of the NZFS to disconnect or terminate this Agreement, the
Customer shall be liable to pay to the NZFS interest on that amount at the rate, if any, specified in a scale published by NZFS.

8.12.

The Customer agrees to indemnify NZFS against all costs incurred by NZFS in recovering any money the Customer owes under this
agreement. This obligation will survive the termination of this Agreement.

LIMITATION OF LIABILITY
9.1.

While the NZFS uses its best endeavours to provide a full time Monitoring System, the NZFS is not liable for any claims arising from the
failure of any part of the Customer's Alarm System or the NZFS Monitoring System, however those failures may occur.

9.2.

The Customer agrees that it is acquiring the services under this Agreement for the purposes of a business as defined in the Consumer
Guarantees Act 1993. The provisions of that Act do not apply to any service NZFS or its agent agree to supply under this Agreement.

INDEMNITY
10.1.

The Customer hereby indemnifies and keeps indemnified and shall protect the NZFS, its employees, and agents, against all actions,
proceedings, claims, demands and damages (including vandalism and malicious damage), which may be made by the Service Provider or
any other person and which relates to the NZFS Monitoring System and which arises out of the acts or omissions of the Customer or is in
relation to any damage to the Service Provider equipment in the Customer's possession or care, but excludes any claim arising from the
default or negligence of the NZFS. This clause shall survive termination of this Agreement.

10.2.

In the event of the breach by either party to this agreement of its obligations under it, including failure to pay any fees or charges when due,
that party shall pay the costs and expenses reasonably incurred by the other party in the exercise of the rights available to that other party
under this agreement. This clause shall survive termination of this Agreement.

ARBITRATION
11.1.

12.

NOTICES
12.1.

12.2.

13.

14.

Any dispute or difference relating to the subject matter of this Agreement or concerning the interpretation of this Agreement shall, in the
absence of agreement between the parties, be referred to arbitration in accordance with the Arbitration Act 1908 and any statutory reenactment or modification of that Act.

Any notice or invoice sent by either party to the other must be in writing and:
12.1.1.

delivered to NZFS or the Customer; or

12.1.2.

mailed to the postal address set out in this Agreement; or

12.1.3.

sent by facsimile or email.

Any notice or invoice sent in accordance with this Agreement shall be deemed to be received by the other party:
12.2.1.

on the date of delivery, if delivered to the physical address; or

12.2.2.

on the second business day after posting, if mailed; or

12.2.3.

on the date of transmission, if sent by facsimile or email.

PROTECTION OF EQUIPMENT ON PROPERTY

13.1.

The Customer agrees to allow the Service Provider or NZFS to install certain equipment on the Protected Premises in order to connect the
Alarm System to the NZFS Monitoring System. The Customer shall provide a safe, secure and accessible location for the equipment on the
Protective Premises, to the applicable standards specified by the NZFS.

13.2.

The Customer will not attempt, or allow any person other than the Service Provider or NZFS, to work on or interfere with the equipment
owned by the Service Provider or NZFS. The Customer must give at least five business days prior notice of any work on the Protected
Premises which could affect the equipment.

13.3.

The Customer shall immediately notify NZFS if there is a problem with the equipment owned by the Service Provider or NZFS on the
Protected Premises.

ASSIGNMENT
14.1.

Neither this Agreement nor the rights and obligations of the Customer under this Agreement may be assigned or transferred to a third party
without the prior written consent of NZFS.

15.

AMORTISED ALARM TRANSPORT SERVICE (ATS) CONNECTION CHARGES

15.1.

This clause applies only to Alarm Systems converted from direct line connections to the Telecom ATS system and expires two years after
conversion. Telecom installation fees for sites included in the NZFS conversion of existing LI circuits to ATS, will be amortised and included
in the NZFS three monthly monitoring charge for the 24 months period from the date of installation. On disconnection, termination of this
Agreement, or change of ownership of the Alarm System, all outstanding amortisation fees shall be paid in full by the Customer on demand.