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#1 Posted : 31 October 2006 18:34:00(UTC)
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Posted By Martin Taylor I am currently trying to deal with a rental agreement on site fire extinguishers across site. The contract we have is for supply of and servicing of all extinguishers on site. The term of the contract is for ten years! The rental agency (in my opinion) have loaded too many extinguishers to the site (50% overstocked) and have got the mix of units incorrect. How common are these long term rental contracts? How do people manage changes to the contract e.g to deal with layout changes. Does anybody have experience of closing out these long term contracts? pleaseeeeee help Martin
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#2 Posted : 31 October 2006 20:49:00(UTC)
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Posted By Pete48 Martin, I leave aside any issue about fie risk assesment and focus on your question about rsloving difficulties with the hire contract. Ideally you need to review the details of the contract, preferably with your purchasing or contracts people who accepted the hire agreement, what is their take on what they agreed to buy.(that is if you have them.) If not get a copy of the contract/hire agreement and read it carefully. Contracts have to be reasonable. I would expect to find some form of cancellation terms at less than the ten year period. Often, long term contracts have annual reviews and other opt out clauses. Who has the right to determine the level of provision of kit, if it is them then I would expect that the determination would be limited by compliance to identified standards. If they are providing in excess of that standard and charging you, why?? Having said that, it is usually better to sit down with the company and try to find an amicable solution to the issue, it is in both parties interests to do so, is it not? I do not know how competent you are re fire protection, if you are not you need to remember that they may actually be correct and you may be wrong about the level of provision
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#3 Posted : 31 October 2006 21:04:00(UTC)
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Posted By Jan Moore Bearing in mind the provision of hundreds of fire extinguishers means mega bucks in maintenance contracts, it isn't surprising that such companies try to hoodwink their clients into having a foam/CO/dry powder and for good measure a wet foam just in case the piece of paper 10 yards from an electric socket catches fire. You might try calling in your local fire service for some advice on fire extinguisher 'over provision' by the rental company. Good luck to you. Jan
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#4 Posted : 31 October 2006 21:29:00(UTC)
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Posted By Ashley Wood Good idea about the fire service if you could turn the clocks back to last month. Unfortunately, as of October 1st the fire service no longer provide that level of assistance. They are only an enforcer. However, if your site is the subject of special interest to them i.e explosive factory, buncefield etc then they will still be approachable. My advice would be to check your small print on the contract, there should be a 'get out clause'. You could appoint a consultant to carry out a detailed fire audit of all your fire measures, this would high-lite problems. Alternatively, invite a couple of companies in to look at your site and give there opinions with a view to offering a contract up for tender. make sure that the companies are FETA approved. Alternatively, get the existing company to prepare a report advising you on what grounds they have supplied equipment and what standards they refer to. You could then give that to a consultant and ask them to comment as to its validity.
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#5 Posted : 31 October 2006 23:00:00(UTC)
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Posted By Barry Cooper With regard to the Fire and Rescue service being "just" an enforcer. On a recent course run by the F&R they informed us that they will willingly offer advice and will visit site if necessary. They feel that their enforcement powers are the last resort. Barry
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#6 Posted : 31 October 2006 23:04:00(UTC)
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Posted By Tomek Sladden Hi Martin, that sounds like good advice although the mention that the authority acts as an enforcer only is not true in all cases. As a fire service employee my authority will bend over backwards to help it's local business. Give them a call and ask for their advice. I am sure they will be more than happy to help.
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#7 Posted : 31 October 2006 23:06:00(UTC)
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Posted By Tomek Sladden PS If you like I can take a look at the provision report for you free of charge of course LOL just email me so we can discuss in more detail.
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#8 Posted : 01 November 2006 07:02:00(UTC)
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Posted By Martin Taylor Thanks for all of the responses everybody. Other than the fire brigade are there any other independent fire groups who could help me out if I need to gather evidence that the contract is unreasonable? Martin
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#9 Posted : 01 November 2006 07:44:00(UTC)
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Posted By Ashley Wood Regarding the fire services 'advisory capacity'. I think you will find that it depends on which fire service you talk to and whom. But yes, give them a try. If it solves your problems, why not! Other than paying an independent 3rd party, there is no other organisation I could think of who would do this for free. One thing you could do is speak to FETA, ask them for there advice. By the way, what makes you think that you have been over supplied by 50%?
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#10 Posted : 01 November 2006 08:25:00(UTC)
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Posted By Tommy Cooper You need to review the details of the contract, preferably with your purchasing or contracts people who accepted the hire agreement, what is their take on what they agreed to buy. If not get a copy of the contract/hire agreement and read it carefully. Contracts have to be reasonable. I would expect to find some form of cancellation terms at less than the ten year period. Often, long term contracts have annual reviews and other opt out clauses. Who has the right to determine the level of provision of kit, if it is them then I would expect that the determination would be limited by compliance to identified standards.
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#11 Posted : 01 November 2006 09:25:00(UTC)
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Posted By Geoff Ferneyhough Martin, This type of practice used to be quite common amongst the "big" companies. The other thing to watch is the annual service, which will creep under the year month by month over the 10 years and you will find yourself paying for 11 or 12 annual service checks over the 10 year period. They may also during the last year of the contract visit the site and get local management to sign for the last service which ends up becoming a rental agreement for 5 more years. I would recommend that you write to supplier stating that any work under the contract must be specifically authorised by you. I would also get a complete list of every extinguisher and its location and the expiry of its 10 service contract. What you then need to do is find a local "BAFE" approved supplier who will over time replace all the extinguishers with a suitable level of cover at a far more reasonable cost. If you are South West based I can recommend a couple of companies who would help out please e-mail me of Forum for details. My company had a simialr issue some years ago, it took my predecessor and I about 7 years to resolve the issue. Good luck Geoff
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#12 Posted : 01 November 2006 09:44:00(UTC)
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Posted By TBC That is one long contract - did you get special rates? I once had a problem with a supplier which I inherited. Luckily the contract had only a year to run. They tried to over prescribe, badly prescribe and when supposedly doing the checks spent more time at the coffee machine, I had a chat and nothing improved so they didn't get the business again. Some good advice given my the others. Good luck.
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#13 Posted : 01 November 2006 18:59:00(UTC)
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Posted By Martin Taylor Thanks again for the responses - the fact that others seem to have suffered similar experiences and nobody has anything positive to say. For Ashley's questions I have already had 2 alternative suppliers suggesting that their recommendations would be significantly less than those installed whilst complying with basic rules of coverage and distance to reach. As per earlier posts there are a number of locations populated with all options of extinguishers irrespective of the associated hazards. In answer to the suggestion that we got a good rate I could buy new for what we are charged every 2 years so that's a big no on that one! thanks again everybody Martin
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#14 Posted : 05 November 2006 00:33:00(UTC)
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Posted By JohnMc It would be interesting to know whether the rental contract customer is a Limited Company or not. If not, there are provisions within the Consumer Credit Act which allow early termination of such a contract without penalty. In relation to fire extinguisher companies being members of the BAFE club... oops did I say that out loud... oh well never mind... many independant fire protection companies have taken the option NOT to join the BAFE club, you will probably find that the company supplying the equipment on the rental contract in question is one of the founder members of the BAFE club. If you would like further information on the get out clause within the Consumer Credit Act, please email me for further details. info@redpointlimited.com Regards to all, JohnMc
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