Terms & Conditions
1. General
Acceptance of our quotation(s)/Estimate(s) and/or Hours/Materials Contract includes the acceptance of the following Terms & Conditions
2. Period of Quotation, Estimate and/or Hours and Materials Contract
The Quotation remains open for a period of one calendar month unless previously withdrawn. Thereafter, the Quotation is subject to re-confirmation or adjustment by the Contractor
3. Basis of Quotation, Estimate and/or Hours and Materials Contract
i All increases in labour and/or material cost arising after the date of quotation may be recovered from the Client unless the quotation expressly excludes this conditionii The quotation(s) are based on the work being affected during normal working hours, Monday-Friday
iii Variations or additional work shall be charged on time and material basis unless subject to a separate quotation accepted by the Client
iv The laying of cables and conduits runs is by shortest practicable routes
v Work by other Trades, any statutory fees, or charges for work done by Authority or Local Authority is not included
vi While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work
4. Terms of Payment
i Payment in full should be due of completion of the work and shall be made within 7days of the date of our invoice or written application submitted by the Contractor
ii Where the Contract Period is in excess of 4 weeks, writing applications/invoices may be submitted monthly for the total value of work executed – less previous payments – the net amount due to be paid by the Client within 7days
iii Failure by the Client to make any payment as aforesaid shall entitle the Contractor to suspend work and/or charge interest on the amount outstanding at 8% above the prevailing Bank of England’s base rate
iv Non account Clients may be required to make a 30% advance payment (fully refundable on cancellation) to secure contractual commitments between the Contractor and Client
v Concept Electrical Contractors (IW) Ltd withholds the right to not issue Certification until the Final Payment is Received and Cleared in Account
5. Completion
The Contractor shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to cause beyond the Contractors control, ie: delay caused by Third Parties, Failure of Wholesalers in delivering materials
6. Consequential Loss or Damage
Without prejudice to the Client’s Statutory Rights, the Contractor will pass to the Client the benefit of any guarantees the Contractor has received in respect of materials supplied by the Contractor and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the Contractor, his servants or agents and is brought to his attention within 12months of the completion of work, provided nevertheless that:
i The Contractor accepts no responsibility for any drawing, design or specification not prepared by him
ii The Contractors responsibility to the Client is limited to the fulfilment of the contract in a proper and workmanlike manner and the Contractor shall not be liable for any consequential loss or damage arising out of the execution of the Contract, unless due to the negligence of the Contractor, his servants or agents
iii The Contractor shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Client or by the Contractor, his servants, or agents at the Client’s request before it is handed over for beneficial use
iv The repair or replacement of any faulty work or materials shall only be carried out by the Contractor, his servants, or agents, otherwise the contractor’s warranties as to repair or replacement shall not apply
v The Contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fitting which have to be moved by the Contractor or his workmen in order to carry out the Contract works. Without prejudice to this the Contractor will maintain adequate Public liability Insurance cover for at least the duration of the Contract
7. Design
Any design information carried out or provided by ourselves, remains our copyright and is offered on the basis that the works shall be totally carried out by the Contractor. Any design alterations/variations by the Client must be agreed by Concept Electrical Contractors (IW) Ltd, in writing, or no responsibility will be taken by us
8. Risk and Retention of Title
i Risk of damage to or loss of the Goods shall pass to the Client at:
a In the case of Goods to be delivered at the Supplier’s premises, the time when the Supplier
b In the case of Goods to be delivered otherwise that at the Supplier’s premises, the time of
c In the case of Goods being installed by the Supplier, the time that the Supplier notifies the
d Notwithstanding delivery and the passing of risk of Goods, or any other provision of these
e Sub-Clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass the
f Until payment has been made to the Supplier in accordance with these Conditions and title
g In the event that the Client sells or transfers the Goods to a third party before legal and
h The Supplier may, in accordance with the provisions of the Companies Act 2006, register any
i The Client shall not be entitled to pledge or in any way charge by the way of security for any
j The Supplier reserves the repossess any Goods in which the Supplier retains title without notifies the Client that the Goods are available for collectionday delivery or, if the Client wrongfully fails to take delivery of Goods, the time when the Supplier has tendered delivery of the Goods;orClient that the installation is completeTerms and Condition, legal and beneficial title to the Goods shall not pass to the Client until the Supplier has received in cash or cleared funds payment in full of the price of the GoodsClient until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Client has repaid all moneys owed to the Supplier, regardless of how such indebtedness arosein the Goods separately and appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risksbeneficial title has passed to him under these conditions, the proceeds of the sub-sale or transfer (or such proportion as is due to the Supplier) shall be held by the Client on behalf for the Supplier. The Client shall ensure that such moneys are held separately from, and are in no way mixed with, any other moneys or funds, and that all moneys held on the Supplier’s behalf are identified as suchcharge created by these Terms and Conditions indebtedness any of the Goods which remain the property of the Supplier, but if the Client does so all money owing by the Client to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payablenotice. The Client is irrevocably authorises the Supplier to enter the Clients premises during normal business hours for the purpose of repossessing the goods in which the Supplier retains the title and inspecting the Goods to ensure compliance with the storage and identification requirements of sub-Clause 10.4
ii The Clients right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate, if;
a The Client enters into a voluntary arrangement under Parts 1 or VIII of the insolvency Act
b The Client is or becomes the subject of a bankruptcy order or takes advantage of any other
c The Client convenes any meeting of its creditors, enters into voluntary or compulsory 1986, the Insolvent Partnerships Order 1994 (as amended), or any other scheme or arrangement is made with his creditorsstatutory provision for the relief of insolvent debtorsliquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the Client, notice of intention to appoint an administrator is given by the Client or any of its directors or by a qualifying floating charge-holder (as defined in paragragh 14 of Schedule B1 of the Insolvency Act 1986) a resolution is passed or petition presented to any court for the winding up of the Client or for the granting of an administration order in respect of of the Client, or any proceedings are commenced relating to the insolvency or possible insolvency of the Client
9 Confidentiality
i Each party undertakes that, except as provided by sub-Clause 15.2 or as authorised in writing by the other Party, it shall, all times during the continuance of the Contract and (for<>) after its termination
a. Keep confidential all Confidential information;
b. Not disclose any Confidential Information to any other person
c. Not use any Confidential Information for any purpose other than as contemplated by an subject to these Terms and Conditions and the Contract;
d. Not make any copies of, record in anyway or part with possession of any Confidential Information; and ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 15.1.1 to 15.1.4 above
ii Either Party may:disclose any Confidential information to:
a. Any sub-contractor or supplier of that Party
b. Any governmental or other authority or regulatory body; or
c. Any Employee or Officer of that Party or of any of the aforementioned persons, parties or bodies
d. To such an extent only as is necessary for the purposes of contemplated by these Terms and Conditions and the Contract, or as required by Law, and in each case subject to that Party first informing the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 15.2.1.2 above or any employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicably in terms of this Clause 15, to keep for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Contract, or at any time after that date becomes public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge
e. The provisions of this Clause 15 shall continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason
10. Communications
i.
All notices under these Terms and Conditions and under the Contract shall be in writing and beii. Notices shall be deemed to have been duly given deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice
a. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
b. When sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or on the fifth business day following mailing, if mailed by airmail, postage prepaid
iii All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party
iv Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond reasonable control of the Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, Industrial action, Civil unrest, fire, flood, storms, earthquakes,. Acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in questionv Waiver
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waivervi Severance
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.vii Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.viii Law and Jurisdiction
a These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales
b Any dispute, controversy, proceedings or claim between the Parties relating these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales