When is a rental not a rental

vistaman_2

Ive had a contract for 13 years with a well known alarm company.
Their invoice states they are providing a service of alarm monitoring equipment rental and maintenance.
The contract states it is "joint ownership agreement"

I am in disagreement with them about liability for a replacement alarm.
It appears that they cant find the original contract so they are quoting a from a blank 2005 contract, our original contract is archived and we will get it in a few days.

About 8 years ago they replaced the alarm panel fitted five years earlier with a new one without charge.

But the new one has always been troublesome to the engineers. Five years ago it was suggested that I buy the system to eliminate the rental portion charges of the agreement and so save me some money.
I declined as I didn't want to be responsible for replacing the system if it broke, it protects a large house and has lots of detectors and sensors.

Six months ago the master panel developed faults.
They said the panel was discontinued and so they would have to install an entirely new alarm system.
(nothing was said as to who would pay for it) However they searched and found another identical panel so drama over.
This replacement panel has now developed faults and they cant find another.

The company are saying that as they cant find a replacement panel I have to pay for an entirely new system under a clause in the contract that states;
"we will charge you for:
equipment to replace parts that are no longer manufactured or readily available"

Is this clause legal in a rental agreement?
Is the panel "a part"?
Should I have to pay for the entire system if it is only the panel that is not made anymore?

If I pay for the new equipment then surely I would own it so how does that work into the existing rental contract with 8 months to run?
What should the warranty be on the replacement panel they installed six months ago that has failed? Can I claim that it should be replaced under a one year warranty?

Immediately following the clause above is another clause that states:
"we will make a callout charge if we provide emergency service and we will charge you for materials used and work carried out unless we need to do the work because of a fault in your system or fault caused by fair wear and tear."

Given the replacement panel was installed less than a year ago and when they came out to fix it it was an emergency surely I shouldn't have to pay for it under this clause as it is fair wear and tear? Does this clause contradict the previous clause?


This particular panel according to the service guys is "difficult to program and work on" and I get the feeling that they want to get rid of it to make their life easy.

Some other thoughts...In the UK how long must a product be supported (with supply of spare parts).
Is the date form time of purchase or date of first or date of last manufacture?


So for 13 years we have been paying ongoing rental and maintenance to the highest possible standard to find our system is defunct?


Vistaman

pinkshoes

Could you not just terminate the agreement and go with another company?

If the panel and equiment is faulty, and the equipment belongs to them, then surely they are the ones that need to be replacing this so that they can continue with the service that you're paying for?

I would feel rather suspicious if they wanted me to buy my own equipment, and be questioning why...

Out of interest, does this company actually respond to the system? Has it been tested? I was feeding some very rare birds for someone (years ago!) whilst they were on holiday, and they had one of these rented alarm systems. Somehow during the week I set the alarm off, so phoned the company with the pincode to let them know I was supposed to be there and it was a false alarm, but no one answered the (24 hour) phone line, and then 10 minutes later the police showed up!!

vistaman_2

If I go with another company I would have to pay installation charge and buy the kit and so be out of pocket.

I've been renting my kit and paying hefty sum for maintenance but when it breaks they will not honor the spirit of the agreement.

Like most alarm companies 24/7 monitoring is contracted to another company

It has worked in the past. Note that SOP is they will not call the house if they think the alarm has been triggered, they will call police and key holders.


Vistaman