Terms and conditions of installation, repair and services.
Unless otherwise agreed in writing, all installations, repairs and services shall be subject to the following terms and conditions.
• "Services" means the engineering and associated services relating to the Customer's Equipment as set out in the proposal specified in our quotation or other agreed documents or discussions between us.
• "We", "us", "our" and "ourselves" mean the company, Addisons Electrical and security contracting limited.
• "You" and "your" mean the person or company to which we are providing Services.
• "Customer's Equipment" means the equipment or material belonging to you, or to whom for which you request us to provide services
• "Contracts, Contract" means any agreement made between Addisons Electrical and security contracting limited and the person or company to which we are providing Services
• a) Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not apply.
• b) All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract.
• c) No amendment or change shall be made to these conditions
• All work undertaken by us will have a minimum charge of one hours labour. This hour is priced at a slightly higher amount than our usual hourly rate in order to cover travel and other expenses. After this, any remaining time needed on site will be charged out at our lower (there after) rate.
• Our quotation provides an indication of cost to you of the items and labour on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us in writing.
• A quotation is made on the assumption that the work requested is reasonably capable of being carried out and that the current installation if of sound performance and complies with current electrical standards regulations. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable, and may offer you an alternative or new quotation on terms to be agreed. If you give a general instruction for repairs (verbally or written) without specifying the particular service, quotation number or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put yours or the Customer's Equipment in good working order, and to make an appropriate charge for the work and parts provided
• Quotations or estimations do not cover any issues with Wi-Fi signal or any other form of wireless signal interference.
• Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise or if there are other works required in order to meet the current edition and amendment of the IET wiring regulations of BS7671. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will pay the resultant price.
• If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur.
• We will charge for all work carried out at your request, whether exploratory or otherwise and, in particular, we reserve the right to instruct our employees or agents to work overtime to comply with your delivery requirements in which case we may charge you the cost of such overtime. It is your responsibility to enquire as to the current overtime rates.
• No excavation or hand digging of any trenches or cable routes will be undertaken by us unless specifically stated in writing before a quote is accepted and the works begin. It is to be expected that if any cable runs are to be located in the ground, then any routes will be pre dug before we arrive on site, with a suitable ducting and draw wire pre installed for us to utilise. If you require any help or advice with measurements, locations etc of cable ducting before hand, please contact us and we will be happy to help. If the quotation has been accepted without any prior agreement in place for the digging of trenches, and we need to undertake any digging whilst on site, then this will be undertaken at our standard (there after) hourly rate and listed as an extra. If you would not like this to happen, please make this clear to us as soon as possible by emailing us, or calling the office and we can ensure there is no digging undertaken and we can reschedule the works to suit.
• Our hourly charge for labour will be invoiced at a minimum of 1 hours labour. If the attendance is less than one hour, then you will still be charged for the full hour. This is to cover our attendance expenses. Following the initial hour, You will then be charged every half hour there after.
• No plastering, decorating or any other making good will be undertaken by us unless specifically stated in writing before works begin. It is to be expected that disruption and/or damage is sometimes unavoidable in order to achieve the works quoted for and there is a very real possibility that this may occur, if this is going to be a problem, please express your concerns before any works begin.
• No coring of fan holes will be included or undertaken unless specifically stated in writing before works begin.
• When accepting a quotation, estimation or otherwise requesting work to be undertaken by us, you are therefore entering into a contract of work and will be bound by these terms and conditions, so please read carefully in full, and if you have any questions or concerns please don’t hesitate to contact us only via email before we move forward. In doing this via email, both parties have a written document as a backup. We only accept written documents for any formal job related correspondence. For information relating to the termination of contracts please see the ‘Termination of any Contracts’ section below
If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer's Equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as electricity. You will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.
The removal of our waste from your premises or at your request from another location is down to our discretion, The cost of waste removal has not been considered in any quotation given ether verbal or written unless otherwise stated and if any waste removal is requested, an additional charge may be added to any other costs already incurred.
Unless otherwise agreed with you by us in writing, for example, an upfront payment to cover the cost of materials, we will issue an invoice for the full amount due on completion of the services we have undertaken. Unless otherwise stated on your invoice, invoices will be due for payment 14 days from the day on which we despatch the invoice to you. If the invoiced amount has not been paid in full by the due date on the original invoice into the relevant bank account of Addisons Electrical and security contracting limited, Then a reminder will be issued to the recipient of the original invoice for the original invoice amount. If after 28 days from the date of the original invoice, the balance requested has not been settled in full then an amount of 8% plus the current Bank of England base rate of the original balance will be added to the outstanding balance every additional day from the 28th day of the original invoice date. By agreeing to any work being undertaken by Addisons Electrical and security contracting limited, either verbally or in writing, you are therefore agreeing and accepting all of these terms and conditions. Any costs incurred by ourselves due to late payments will also be added to the total outstanding balance due.
All payments invoiced are required to be paid in pounds Sterling.
Admin fees may apply for any late payments. The initial amount for a late payment recovery starts at £45.00 +vat and any further charges will be advised during the recovery process.
You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.
• We will take reasonable care of the Customer's Equipment whilst it is in our custody and make good any loss or damage caused by our failure to exercise reasonable care, our liability being limited to the replacement value of the Equipment.
• We also undertake to use reasonable skill and care in carrying out the work and to use materials, which are suitable quality and free from defects.
• Unless otherwise agreed, we will rectify defective work and /or defective materials notified to us in writing within six months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value thereof. We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.
• Unless we have agreed to do so, you will accept full responsibility for re-installing, examining and testing the Equipment on which we have worked as soon as it is completed and we shall not be responsible for any damage, cost or loss incurred by you due to your failure to properly re-install or delay in testing the equipment or in notifying us of any defect in the work.
• Unless the materials are supplied by Addisons Electrical And Security Contracting LTD, we will not provide any form of warranty(s) for defecticve materials and any time (including that of admin) or materials required to rectify any problems will be chargable.
• If any evidence of interference or tampering with an installation if found then we reserve the right to revoke any warranty(s) or implied warranty(s) with imediate effect.
• If we have agreed to transport the Equipment, in the event of loss or damage to Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of insurance. In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts.
• We shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is your responsibility to examine the goods immediately on receipt.
• Unless otherwise agreed, the loading or off loading of the goods on collection or return to you shall be arranged by you and performed at your sole expense and risk.
We may bring a contract to an end if you fail to comply with your obligations under the agreed contract, within seven days of having been notified by us of the relevant failure. We may also bring a contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter into any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring a contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring a contract to an end immediately if the partnership is dissolved. We may also terminate a contract if any proceedings relating to your insolvency are commenced in any country.
We reserve the right bring a contract to an end immediately no matter of what stage of progression and for what ever reason with 7 days prior notice made in writing.
If this Agreement ends for any reason, we will be entitled to remove all of our equipment from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to date of termination and for any other breaches of this Contract.
Once a contract has been agreed between you and Addisons Electrical and security contracting limited, you cannot terminate the contact without charges being incurred. There will be a minimum cancelation fee of which ever is the greater amount of the following [A] or [B] options.
[A] A fixed amount of £30 +vat
[B] A 30% charge to you, of the sum cost of any materials ordered in relation to your contract with ourselves, plus any other costs incurred by Addisons Electrical and security contracting limited for example, admin, travel and/or labour.
In relation to defects in goods sold to you by us, we may be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded.
Apart from our agreement to rectify any defects or errors in the Services as set out according to our Warranty terms and to replace or repair the Customer's Equipment where there is loss or damage to goods in transit as set out according to our Transportation terms:
• Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £100,000; and
• We will not be liable to you under any circumstances for any indirect or consequential losses (including for example, loss of Contracts or loss of profits of production).
The limitations and exclusions in this paragraph apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above.
The limitations and exclusions in these conditions reflect the value of this Contract to us and are considered to be reasonable. If you require us to accept greater liability we may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to us.
We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.
Any disputes which we cannot settle amicably relating to the nature or quality of the Services will be referred to an expert to be agreed or (if we and you cannot agree the choice of expert within 14 days of an expert being proposed by you or us) appointed at the request of you or us by the President for the time being of the institute of Electrical Engineers. The written report of the expert will as between you and us be conclusive evidence of all matters of fact and all matters opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.
Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.
You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion. No third party shall acquire any rights under this Contract except as specifically stated in these conditions.
Any notice to be given by you or us must be in writing and may be delivered by the postal service or electronic mail. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order. You and we are free to provide an alternative address for notices at any time. Notices sent by first class post will be assumed to have been delivered two working days after they are sent.
Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.
This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).
If any provision of this Agreement is ruled to be invalid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.
This Agreement is governed by English Law.
COVERING: HG1, HG2, HG3, HG4, HG5, YO7, YO51, YO61, DL6, DL7, DL8
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VAT Number - 344 9257 78 Company Number -12510210