The “Company” means Alan J S Electrics
The “Client” means the person, firm or company requesting a quotation or placing an order with the Company Herein referred to together as “The Parties”
“Works” means any Goods and/or services provided by the Company as ordered by the Client
“Goods” means any materials or products supplied by the Company in order to carry out the Works.
“Site” refers to the agreed place at which the Works are to be carried out
"Completion" means when final payment has been made.
2.1 These terms and conditions apply to any Works and/or Goods supplied by the Company to the Client.
3) FORMATION OF CONTRACT
3.1 All Works sold by the Company to the Client are subject to the Company’s terms and conditions and these shall take precedence over any terms and conditions referred to on any Client documentation.
3.2 Agreement to the quote will enter the Client in to a contract with the company and the client agrees to the terms and conditions or the company.
3.3 Depending on size of job a contract:
(A) Small jobs will be subject to T&C’s.
(B) Large jobs will have a contract made for special requirements
4.1 The prices, quantities and lead-time stated in any quotation by the Company are given as a best commercial estimate based on the information available at the time of quotation, unless otherwise agreed between the Parties.
4.2 All quotations are valid for a period of 30 days from date of quotation unless otherwise stated.
4.3 Quotations will be deemed to have been accepted and orders confirmed when one or more of the below have been received by the Company:
- Written confirmation from the Client by way of Text, Email or Post
5.1 The Company shall make best endeavours to complete the Works within the quoted time. If this is not achievable, the Client will be informed as soon as is practically possible and a revised lead-time will be given.
6) RIGHT TO SUB CONTRACT
6.1 The Company shall be entitled to sub-contract all or any part of the Works, unless otherwise agreed between The Parties.
7) RISK OF LOSS, DAMAGE AND RETENTION OF TITLE
7.1 The risk of loss and damage to the Goods shall pass to the Client immediately upon delivery to the Client or location at which the Works are to be carried out.
7.2 The Company will take all reasonable steps to ensure the protection from loss, damage or destruction during Works carried out for the Client.
7.3 Whilst the Company carries out the Works, it may be necessary to leave tools or equipment on Site. In such instances the Client will be informed and should therefore ensure all equipment is covered under the relevant insurance held by the Client.
7.4 All Goods and certificates shall remain the property of the Company until full payment has been received, when full title will pass to the Client.
8.1 For Works carried out by the Company with a lead-time longer than 30 days, the Company shall be entitled to instalment invoices on a weekly basis unless otherwise agreed between The Parties. A final invoice shall be issued by the Company to the Client when final work has been done.
8.2 All invoices issued by the Company shall be paid by the Client within seven (7) days of the date of invoice for interim invoices.
8.3 Invoices must be paid 14 days (Domestic) of the date of invoice for invoice unless otherwise agreed in writing.
30 Days (commercial) or agreed payment plan
8.4 If any amount of an invoice is disputed, the Client shall inform the Company of the grounds for dispute in writing within five (5) working days from date of invoice. During this period of resolution the Client shall pay to the Company the value of the invoice, less the disputed amount, in accordance with these payment terms. Upon settlement of the dispute, any outstanding sum shall be payable in accordance with these payment terms.
8.5 In the event of late payment, where the Client has not issued a dispute in accordance with Clause 8.3, the Company may charge a £25 fee for each and every reminder document issued.
8.6 In the event of late payment, where the Client has not issued a dispute in accordance with Clause 8.3, the Company may charge interest on the amount outstanding at a rate of 8% above the Bank of England base rate for each full working day overdue, until the date of payment.
8.7 Any Certificates shall be issued to the Client on completion and full payment have been received.
8.8 In the event of non-payment, the Client shall be liable for all costs related to collection of payment up to and including costs and fees incurred and time wasted.
9) ADDITIONAL WORK
9.1 Any issues found that may incur extra costs shall be notified to the Client as soon as possible and options shall be discussed.
9.2 Any additional work incurred due to request or matter arising shall be chargeable at our normal hourly rate unless agreed otherwise in writing.
9.3 If the Company highlights a danger the Company reserves the right to isolate this danger until further action can be taken.
10.1 A call out charge of £50 within our normal working hours of 9am to 5pm Monday to Friday and £75 outside of these normal working hours is charged to the Client for each requested visit. This covers the first hour of Labour and is still chargeable if the electrician is not needed on arrival.
10.2 An hourly rate of £30 per hour is chargeable and is billed in hourly units.
10.3 Any trips to the suppliers to get parts is chargeable at the relevant rate and the Client may also be charged travel costs, not including arrival and departure to and from site per each working day unless previously agreed in writing.
10.4 Goods supplied shall be sourced from the Company's trusted suppliers, if the Client wishes to source goods themselves to meet the Clients budget, the Company shall fit them providing they meet current regulations. The company take no responsibility for any goods sourced in this manner.
10.5 Duplicate certificates can be provided at a cost of £15 per A4 sheet of paper.
11.1 In the event the Client wishes to cancel an order, they must notify the Company in writing as soon as is practically possible. In such instances the Company is entitled to invoice the Client for any losses, including, but not limited to materials, labour, sub-contractor charges and expenses already incurred by the company
11.2 Any materials that have been ordered for the job may be liable to a 10% restocking fee.
11.3 After a quote, the Client shall have a 14 day cooling off period. If the Client wants the work doing before the end of this period, then the Client must sign a waiver to allow this.
11.4 Emergency call-outs are exempt from the 14 day cooling off period.
12.1 The Parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business unless prior written agreement has been given.
12.2 Emails between the Client and the Company shall be confidential
13.1 If, after the Company shall have carried out works, the Client is not wholly satisfied with the works, then the Client shall give written notice in writing within 12 months to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate. The Client accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
13.2 The guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force.
The guarantee will become null and void if the work carried out is:
(a) Subject to misuse or negligence
(b) Repaired, modified or tampered with by anyone other than the Company.
The Company will accept no liability for, or guarantee, suitability, materials supplied by the Client and will accept no liability for any consequential damage or fault.
14) LIMITATION OF LIABILITY
14.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods, including but not limited to, any consequential loss (Including loss of profit and/or revenue) or damage arising from or in connection with the Works or Goods supplied. Any liability of the Company shall in any event be limited to the total price of the Works carried out.
14.2 Nothing herein shall limit The Parties liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
14.3 The Client shall fully indemnify The Company against any liability to third parties arising out of the Client’s use of the Goods.
15) FORCE MAJEURE
15.1 The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Acts of God, war, employee strikes, flood and fire.
16) GOVERNING LAW
16.1 These Terms of Trading shall be subject to and construed in accordance with the laws of England and the Parties hereby submit to the exclusive jurisdiction of the English courts