Suresafe Electrical Services Ltd TERMS AND CONDITIONS
(Combined T&Cs for Domestic & Commercial customers)
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Suresafe Electrical Services Ltd of 23 Victoria Street, Irthlingborough, Northamptonshire, NN9 5RG (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. For domestic customers, where a section is specified ‘Commercial customers only’, these do not apply to you. These sections will also be highlighted Red for your convenience.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
Services
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law, BS7671, Building Regulations or safety requirements, and we will notify you if this is necessary.
8. We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as services unless we specify otherwise.
Your obligations
10. You must obtain any permissions, consents, licenses, or otherwise that we need and must give us access to any and all relevant information, materials, properties, access equipment and any other matters which we need to provide the Services agreed. You must arrange/use a licensed waste removal company for any and all waste produced by our services. You agree to permit access to us at all reasonable times in order for us to carry out the agreed work. You will provide the free use of a reasonable amount of water and electricity. You must remove all items in the work area and keep walkways clear at all times. We are cannot accept liability for accidental damage of property if the above is not carried out.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees and Deposit
13. The fees for the Services are set out in the quotation and are on a combined time and materials basis. We do not provide a breakdown of individual material costs.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. You will be notified before any additional cost is incurred. The provisions of clause 14 also apply to these additional services.
16. All quotations/estimates are inclusive of VAT at 20%.
17. If applicable, you must pay a deposit ("Deposit") as detailed in the quotation at the time of accepting the quotation or when specified.
18. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
19. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
20. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 7 days from the date of the quotation, (unless the quotation has been withdrawn).
21. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
22. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavors to make any required changes and additional costs may be included in the Fees and invoiced to you.
23. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavors to keep any such changes to a minimum.
Payment
24. We will invoice you for payment of the Fees either:
a. when we have completed the Services; or
b. on the invoice dates set out in the quotation.
25. You must pay the fees due within the number of days stated on our invoice or in accordance with any credit terms agreed between us. Certification will be issued once payment has been fully received.
26. Time for payment shall be of the essence of the Contract.
27. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. We will also charge a £35+VAT late payment fee.
28. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
29. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with you. We also have the right to recover any materials that have not been paid for or disable equipment. In the event of non-payment, we reserve the right to instruct an independent debt recovery agent to recover the debt and their additional costs will be payable by the you. This includes any costs, fees, disbursements and charges including legal fees and costs incurred by the you in the recovery of any unpaid invoices regardless of the value of the claim.
30. Receipts for payment will be issued by us only at your request.
31. All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
32. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party. All of our subcontractors are vetted, hold relevant qualifications and are DBS checked.
33. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
34. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to pay any amount due under the Contract on the due date for payment; or
c. are or become, in our reasonable opinion, about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual property
35. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
36. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
37. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract – Commercial customers only.
38. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
39. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees – Commercial customers only.
40. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
41. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
42. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
43. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
44. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
45. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
46. The Service Provider shall implement and maintain technical and organizational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
47. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: info@suresafeelectrical.com.
Circumstances beyond a party's control
48. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: 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 question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Late Cancellation/no access Fees
49. If you have arranged for work to be carried out by us and either cancel at short notice or we cannot access a property for any reason that is outside of our control, a fee will be charged. Below are our fees.
50. Small Jobs (1-8 hours) - £45+VAT if cancelled within 48 hours of our arrange date/time.
51. Medium/Large Jobs (2+ Days) - £65+VAT if cancelled withing 72 hours of our arrange date/time.
52. No Access - £65+VAT. Please note that we will wait for up to 10 minutes of our scheduled arrival time.
No waiver
52. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
53. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
54. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Materials
55. All materials we provide come with manufacturers warrantee. If a product fails before the end of the warrantee, we will replace free of charge unless user error and/or malicious damage has occurred.
56. Any materials you provide are not covered by our warrantee mentioned in clause 55. Repairs and / or replacements will be chargeable.
57. We reserve the right to refuse using/installing materials that you may provide if we deem them unsuitable and/or not to British Standards. If additional time, labour or materials are required to carry out the work, additional costs may be incurred.
58. All electrical accessories such as sockets, switches and pendants are assumed to be white plastic unless the specification states otherwise.
59. We reserve the right to charge a markup/handling fee on all materials that we provide.
60. All materials are owned by us until full payment is received. This includes materials that have been delivered to site and/or installed. Once materials are delivered, the risk shall pass to the Client.
Methods of Payment
61. We Accept Cash, Debit/Credit Cards and BACS.
62. We no longer accept cheques.
Surge Protection
63. We recommend that all circuits are protected by Surge Protective Devices (SPDs). If you do not want an SPD fitted, we accept no liability for any equipment that is damaged in the event of a surge/fault.
Access Equipment
64. If you supply access equipment, you must ensure that it is suitable for the work to be carried out. We will advise you on what equipment is required. We reserve the right to refuse to use any access equipment if we deem it unsafe or not fit for purpose.
Damage, Cleaning & Making Good
65. Although we aim to undertake installation work to a clean standard, some additional vacuuming and cleaning down of surfaces may be required afterwards. Any equipment susceptible to damage from dust (e.g. video or computer equipment) must be removed from the work area prior to our arrival. If you would like us to arrange a professional clean, please let us know.
66. Where carpets or floor coverings require lifting, best endeavors will be made to avoid damage and to refit to an acceptable standard. However, employing a specialist fitter may be prudent, to affect a fully satisfactory reinstatement.
67. At times we may need to caused damage to the fabric of the property to carry out the work required. Unless agreed before, all chases/holes to walls and ceilings etc. will be left unfilled. Making good and painting/decorating are not included.
Pets
68. We love Animals and are happy to meet friendly Pets, however we ask you to keep all Pets away from the work area and keep them secure.
Vulnerable People
69. We will always do our best to keep our clients safe and at ease when we are carrying out any work or attending a quotation. If you, a tenant or resident has any special requirements, please let us know before we attend.