Terms & Conditions

These Terms and Conditions apply to commercial Customers only.  If you are a Consumer (as defined in the Consumer Rights Act 2015), please refer to our alternative terms and conditions.  

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      “Contract” means the contract formed in accordance with clause 2 which will incorporate, and be subject to, these Terms and Conditions;
     “Customer/you/your” means the commercial business entering into the Contract with us.  Where an individual is entering into the Contract on behalf of a business, the individual confirms they have the authority to enter into this Contract on behalf of that business and the business will be our Customer in the context of this Contract;
     “Materials” means the materials required for the provision of the Services which we will supply, where applicable, as specified in the Quotation;
     “Quotation” means our written quotation to provide the Services and Materials, which remains open for acceptance for a period of 30 days unless otherwise specified and sets out our entire scope of works;
     “Services” means the electrical works and/or any other services to be provided by us to you; and
     “Site” means the premises at which our Services are to be provided.  

• Unless the context otherwise requires, each reference in these Terms and Conditions to:
  1. “writing” and “written” includes emails;
  2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
  3. “Terms and Conditions” refers to these Terms and Conditions as may be amended or supplemented at the relevant time;
  4. a clause refers to a clause of these Terms and Conditions; and
  5. a “party” or the “parties” refer to the parties to these Terms and Conditions, and any reference to a party includes its employees, agents and sub-contractors.
• The headings used in these Terms and Conditions are for convenience only and will have no effect on their interpretation.
• Words imparting the singular number include the plural and vice versa. References to persons include corporations.

2. The Contract
   • We will send a written Quotation, setting out the Services to be provided and our fees. A legally binding Contract will be formed as soon as you accept our Quotation, electronically or otherwise, or place an order with us.  The Contract will include the acceptance of these Terms and Conditions, which will apply between you and us.
   • You are responsible for the accuracy of any information submitted to us and for ensuring that the Quotation reflects your requirements. Our Quotation is based on the information provided to us at the time of its preparation.  Should any errors or discrepancies become evident which affect the order value, we reserve the right to adjust it.
   • No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless we agree otherwise in writing.
   • If we agree to quote from measurements, drawings and/or other information you provide, we will charge if additional works are required due to changes or factors, we were unaware of at the time of providing the Quotation, or in the event of unforeseen circumstances that affect the price quoted.

3. The Services
   • We will ensure that our Services are carried out with reasonable care and skill in accordance with our accepted Quotation.
   • We may provide samples, sketches or similar documents before commencing our Services, but these are intended for illustrative purposes only and are not intended to provide an exact specification of the works, or to guarantee specific results.
   • Any design work we carry out will be to specifications provided by you, your architect or other third party.
   • It will be your responsibility to dispose of all waste that results from our performance of the Services, unless otherwise agreed.
   • Unless otherwise specified in our Quotation, we have not included for scaffolding or other access equipment if needed. This must be supplied by you, exactly as we have specified, and be in place before our agreed start date.  Any wasted time we incur due to incorrect scaffolding will be chargeable. 
   • Additionally, you are responsible for ensuring that:
     1. if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, these have been obtained by you before we begin the Services. If we require access to neighbouring land, it is your responsibility to ensure that access is granted;
     2. we can access the Site on the agreed dates and times;
     3. if you are aware of any underground services, pipes, ducts or anything similar in the vicinity of the installation, you have notified us prior to the work being carried out;
     4. welfare facilities and where necessary, Wi-Fi, gas and water, are provided at no cost to us, to enable us to carry out our Services.
   • If you fail to comply with any of your responsibilities in these Terms and Conditions, we will not be held liable for any delays as a result and we reserve the right to recover any costs we may incur, such as for storage of equipment or non-productive visits to the Site.
   • The responsibility (sometimes referred to as the “risk”) for the Materials remains with us until they have been delivered to you, at which point it will pass to you. If any Materials or any of our other equipment, tools and plant are delivered to the Site, they will be placed into storage on Site and you will be responsible for their protection and insurance. We will charge if any such items become damaged or go missing.  You will own the Materials only once we have received payment in full for them.
   • We reserve the right to charge for storage of the Materials if the delivery date is delayed through no fault of our own.
   • We will provide a guarantee for any Materials, which will be limited to the extent of the guarantee provided to us by the manufacturer’s guarantee or warranty (if any).
   • Where goods or materials have been supplied by you, we accept no responsibility for them or for any faults in them. If we are delayed in carrying out our Services because of such goods or materials (if, for example, their delivery is delayed), we reserve the right to charge for costs incurred by us as a result.  Any return visits required due to faults in any goods or materials supplied by you will be chargeable.

4. Programme, Access and Site Visits
   • Our normal working hours are Monday – Friday, 8am to 5pm, excluding public holidays, unless stated otherwise in our Quotation. Services or deliveries required outside of these times will incur additional costs.
   • Any programme dates we may provide are an estimate only. We will use all reasonable endeavours to meet any agreed programme dates, but we may be delayed by factors outside of our control, such as adverse weather, therefore time will not be of the essence in the performance of our Services. 
   • Any Site visits included in our Quotation will be carried out at a time agreed between you and us in advance. We require a minimum of 2 working days’ notice to cancel or rearrange an agreed Site visit.  If we do not receive the required notice, or if our engineer(s) or delivery vehicle(s) are unable to gain access to the Site on the agreed dates and times to carry out the works, we reserve the right to charge for the aborted visit.
   • Our Quotation is based on being able to complete our works in one continuous visit, or where we are carrying out the works in phases, each phased visit is to be continuous. If the Site is not available or ready for our works to commence, and/or if we are prevented from continuous working through to completion and/or if we are required to complete out of sequence works, we reserve the right to recover any costs incurred by way of delay or abortive visits, such as for storage of Materials or non-productive visits to the Site.
   • If we have to reschedule or cancel a scheduled Site visit, we will contact you as soon as possible to minimise disruption.

5. Fees and Payment
   • You agree to pay the fees as set out in our Quotation in accordance with these terms of payment.
   • All invoices are payable in full and strictly within 30 days of the date of invoice unless otherwise agreed, in pounds sterling, without set-off, withholding, deduction or retention.
   • We reserve the right to request a deposit, staged payments and/or payment in full, up front, and we will specify this in the Quotation where applicable,
   • All prices quoted are in pounds sterling, inclusive of any Main Contractor’s Discount (MCD) and subject to Value Added Tax at the current rate.
   • You will also be required to pay for any additional Services or Materials we may provide at your request, together with mileage and travel expenses.
   • Time for payment is of the essence of the Contract. If you fail to make any payment to us in full by the due date then, without prejudice to any other rights which we may have, we will have the right to suspend the Services, suspend all further delivery of Materials, recover any Materials owned by us in accordance with clause 3.8, and charge interest from the due date until payment is made in full, both before and after judgment, at the rate of 8% per annum over the Bank of England base rate from time to time in force, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.  We will also charge for any costs we may incur in attempting to recover any outstanding debt.

6. Variations and Amendments
   • If you wish to vary the Contract, you must notify us in writing as soon as possible. We will endeavour to make any required changes and will invoice you for any additional costs incurred as a result.
   • If we have to make any change in the arrangements relating to the Contract, we will notify you immediately. We will endeavour to keep such changes to a minimum and will seek to offer you arrangements as close to the original as reasonably possible in the circumstances.
   • Any agreed variation or amendment will be carried out in accordance with these Terms and Conditions and any price increase necessitated as a result will be payable in accordance with clause 5 above.

7. Cancellation and Termination
   • Once the Contract is formed, you are not entitled to cancel it, except with our prior written agreement. We reserve the right to levy reasonable cancellation charges against you including, but not limited to, the cost of goods and Materials purchased, any restocking costs, administration costs, procurement costs and loss of profit, and these will fall due for payment immediately.  No refunds will be issued for payments made in advance.
   • We may terminate the Contract for any reason at any time, by giving you 7 days’ written notice.
   • Either party has the right to terminate the Contract immediately if the other party commits a material breach of the Contract and fails to remedy that breach within 14 days of receiving notice of the breach, or if the other goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation), if a receiver is appointed in respect of the whole or any part of its assets, or if anything similar occurs in relation to either party.
   • In the event of termination:
     1. all payments due under the Contract will become due and immediately payable. In respect of goods, Materials or Services provided but for which no invoice has been submitted, we will be entitled to submit an invoice, which will become immediately due and payable;
     2. any and all obligations of the parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Contract will survive termination on a pro-rata basis.
   • The rights to terminate the Contract given by this clause 7 will not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

8. Confidentiality: Both parties agree that they will not use any confidential information provided by the other, except to perform their obligations under the Contract. Each party will maintain the information’s confidentiality and will not share it with any third party, unless so authorised by the other party in writing or unless required to do so by law. 

9. Literature and Representations: Any marketing literature is presented in good faith as a guide to represent the Services offered and does not form a part of the Contract.  None of our employees or agents are authorised to make any representation concerning the Services unless confirmed by us in writing. In entering into the Contract, you acknowledge that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed.

10. Intellectual Property
    • Subject to a written agreement to the contrary, we retain ownership in all intellectual property which may subsist in the provision of the Services. Nothing in the Contract will vest any ownership rights in you.  We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights.   
    • You warrant that any document or instruction furnished or given by you will not cause us to infringe the intellectual property rights of any third party and will indemnify us against all loss, damages, costs and expenses awarded against or incurred by us resulting from our use of such information.
    • Any documentation we may provide will be submitted in our normal standard format only. If additional copies or specific requirements are requested, we reserve the right to apply additional charges.

11. Data Protection: Each party agrees to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation and any subsequent amendments to them.
12. Liability and Indemnity
    • Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
    • Except as provided in clause 12.1 above, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, sub-contractors or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are hereby expressly excluded to the maximum extent permitted by law.
    • In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, will not exceed the fees and expenses paid by you under the Contract in the preceding 6-month period.
    • You must not use or permit to be used the whole or any part of the works the subject of the Contract before they have been completed, commissioned and handed over by us and in the event of any such unauthorised use, we will not be liable for any loss or damage arising as a result.
    • You agree to indemnify us against all damages, costs, claims and expenses suffered by us as a result of your actions or inactions, including those of your agents or employees.

13. Extension of Time: If our completion date is delayed as a result of a relevant sub-contract event, such as a variation, an impediment, direction, prevention or default of the main contractor, lack of equipment availability, adverse weather or any event beyond our control, and we give notice to the main contractor of such delay, the main contractor will grant an extension of time as estimated to be fair and reasonable in the circumstances.

15. Force Majeure: Neither party will be liable for any failure or delay in performing their obligations under the Contract where such failure or delay results from any cause beyond the reasonable control of that party.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, acts of terrorism or war, pandemic, epidemic, governmental action or any other event beyond the control of the party in question.
16. Other Important Terms
    • Nothing in the Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
    • You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.
    • We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Contract, without obtaining your consent.
    • No failure or delay by either party in exercising any of its rights under the Contract will be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the Contract will be deemed to be a waiver of any subsequent breach of the same or any other provision.
    • In the event that one or more of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions (and the Contract, as appropriate). The remainder of these Terms and Conditions will be valid and enforceable.
    • No part of the Contract is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 will not apply.
    • All notices are to be in writing, addressed to the most recent address or email address notified to the other party and will be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice. Notices will be deemed to have been duly given: when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; when sent, if transmitted by email and a successful return receipt is generated; or on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid.

16. Law and Jurisdiction
    • These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) will be governed by, and construed in accordance with, the laws of England and Wales.
    • Any dispute, controversy, proceedings or claim between the parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising from them or associated with them) will fall within the exclusive jurisdiction of the courts of England and Wales.