Terms & Conditions
DEFINATIONS: “Contractor” shall mean Anderton Electrics Ltd. “Customer” shall mean the person, company or firm responsible for instructing the works. “Works” shall mean those works described in the quotation or day work. “Contract” shall mean a written formal contract or a contract based upon acceptance of a quotation or a day of work instruction.
PERIOD OF ACCEPTANCE: Unless otherwise expressly agreed in writing by both parties, a quotation remains open for 60 days unless previously withdrawn. Thereafter it is subject to confirmation or adjustment by the contractor.
BASIS OF QUOTATION & DAY WORK. GENERAL:
- All increases or decreases in labour and/or material costs arising after the date of quotation may be recovered from or allowed to the customer unless the quotation expressly excludes the condition.
- Prices are based on the work being undertaken during normal working hours 8am to 5pm Monday to Friday and exclude Bank or Statutory National holiday working. Where overtime is worked at the request of the customer, the contractor is to be reimbursed for all extra costs involved as a result thereof.
- Where the customer requires additional works and/or variation from the works described in the quotation, such works shall be the subject of a separate agreement between the customer and the contractor. The contractor shall submit a quotation for such works upon written request by the customer and the customer shall confirm his agreement in writing before the work is carried out. Where additional works and variations cannot be accurately assessed by the contractor, are urgently required or where no written request for a quotation is made by the customer to the contractor before the works proceed then variations or additional works shall be charged at day work on a time and material basis.
- Allowance has been made for laying of cable and conduit runs by the shortest practicable routes parallel to building lines wherever possible.
- Whilst reasonable care will be taken, quotations do not include for the cost of the following: Incidental redecoration or other works consequent upon the proper execution of the work and specifically exclude laying or relaying of floor coverings. Works by other trades, any statutory fees, or charges for work done by supply authority or local authority. Formation of structural holes or chases into walls. Electrical supply for temporary lighting, power or testing. Replacement of failed lamps. Cleaning of diffusers or louvers to light fittings after having been cleaned to a fit state. TEST & INSPECTION REPORTS: There are five distinct and separate reports (i) Completion Certificates to BS7671. (ii) Electrical Installation Condition Report (EICR). (iii) Fire Alarm to BS5839. (iv) Emergency Lighting to BS5266. (v) Portable Appliance to IEE Code of Practice. The following criteria apply and are included. EICR INSPECTION REPORT. Quotation assumes that power is available for testing and includes a visual inspection confined to random checks of those parts of the installation which are readily accessible. It includes disconnection or dismantling of a representative sample (approximately 10%) of accessories and switchgear to facilitate testing. It includes testing representative marked and identified circuits of the installation but excludes circuits where the presence of electronic equipment may be damaged by such tests and/or where testing would cause disturbance of the installation or inconvenience to the user and/or where there is an absence of a schedule indicating original design criteria and test results where this would prove to be restrictive and/or would make a comparison to indicate deterioration impossible. It does NOT include identifying or testing physical defects or problems in concealed or hidden parts of the wiring installation, identifying or testing unidentified or unmarked circuits. A schedule of recommended remedial items, generally prices, will be provided with the report if appropriate. FIRE ALARM AND EMERGENCY LIGHTING TESTING. These systems are assumed to be fully operational, zones and test positions fully marked, log book and layout drawings available, regularly serviced and maintained and comply with the relevant British Standards and the requirements of the local fire officer. Unless specifically included, the work does NOT include identifying or testing physical defects or problems hidden in parts of the wiring installation, identifying or testing unidentified or unmarked circuits, replacement parts or the costs of call-outs, emergency or otherwise, other than set test visits. A schedule of recommended remedial items, generally priced, will be provided with the report if appropriate. PORTABLE APPLIANCE TESTING. Includes testing of portable appliances in readily accessible positions without the need to move the appliance or furniture. Any remedial works required to enable an appliance to pass the test are chargeable at day work rates unless otherwise agreed by both parties in writing.
INSURANCES: The existing structures, together with the contents thereof, the works and all unfixed materials, goods and plant on site, shall be the sole risk of the customer and the customer shall maintain insurance cover thereon to the full value of such property. The above items shall remain the property of the contactor until paid for in full by the customer. The contractor shall maintain employers liability and public liability insurance and shall indemnify the customer against any claim in respect of accidental death or bodily injury and accidental loss of or damage to property caused by or through the fault or negligence of the contractor, his servants or agents, for which the contractor could be held legally liable in the absence of this condition within the period of guarantee.
COMPLETION & EXTENSION OF TIME: The contractor shall endeavour to carry out 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 any cause beyond the contractors control. If the progress of the works is delayed and/or disrupted due to any cause beyond the contractors control then the contractor shall be granted an extension of time, providing that the contractor uses his best endeavours to minimise such delay.
WARRANTIES – CONSEQUENTIAL LOSS OR DAMAGE: The contractor shall not be liable for any damage caused by the works after completion of the works, which is due to normal operation of the equipment or materials, save where the damage is caused by negligence of the contractor. Without prejudice to the customer’s statutory rights the contractor will pass to the customer 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 bought to the attention of the contractor within 12 months of the completion of the work, provided nevertheless that (i) The contractor accepts no responsibility for any drawing, design or specification not prepared by him. (ii) The contractor’s responsibility to the customer 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, not from any extra work entailed due to the apparatus being put into operation by the customer or by the contractor, his servants or agents at the customer’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 contractors 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 or fittings which have been 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 the duration of this contract.
CONTRACTOR’S LOSS, DAMAGE AND EXPENSE: If the contractor is involved in loss, damage or expense due to any of the following reasons, then he shall be reimbursed for same, providing that the contractor shall use his best endeavours to minimise such loss, damage or expense:- (i) by reasons of customers instructions and/or delayed instructions regarding extra work or variations; (ii) by delay on the part of the companies engaged by the customer in executing work not forming part of this contract; (iii) by the customer failing to afford free and uninterrupted access to the contractor to the property for the proper execution of the works; (iv) The contract shall not be liable for any damage caused by the works after completion of the works, which is due to normal operation of equipment or materials, save where the damage is caused by the negligence of the contractor.
COMPLAINTS: Complaints should be address in writing to S J Anderton General Manager and can be forwarded by email to email@example.com or by post to Anderton Electrics Ltd, 91 Rosebery Way, Tring, Hertfordshire, HP23 5DX. We will respond to a complaint as soon as possible but within two days of receipt of written communication. We will record all complaints on a log sheet along with everything we do to resolve the complaint and we will keep records about every complaint for 12 months to allow our registered bodies to inspect these records. If we cannot deal with a complaint within four weeks, we will write to the person who made the complaint and tell them what we have done and what we intend to do about it. With the permission of the person making the complaint we will send a copy to our registered bodies If we cannot deal with a complaint we may also refer the complaint to a trade association or to arbitration, if we decide this is appropriate.
DISPUTES AND ARBITRATION: Without prejudice to the legal rights of either party, any dispute between the contractor and customer, arising out of or relevant to the contract, may be referred to arbitration and final decision of a person to be agreed between the parties or, failing agreement within seven days after each party has given written request to the other to concur in the appointment of an arbitrator, a person to be appointed on the request of either party, by the Electrical Contractors Association. In the unlikely event of court action being implemented, action will be limited to the jurisdiction on the Courts of England and Wales.
TERMS OF PAYMENT: (i) Payment in full shall be on presentation of invoice. Customers with an account shall pay within the agreed day terms of the date of the written application/invoice submitted by the contractor. (ii) Where the contract period is in excess of two weeks, written applications/invoices may be submitted monthly, for the total of the work executed – less previous payments – the net amount due to be paid by the customer within the agreed day terms of the account from invoice date or payment application. (iii) Failure by the customer to make payment shall also entitle the contractor free access to the property wherein the works have been carried out and to remove at the customers cost all materials and goods installed or provided during the works. (iv) Where payment remains outstanding Anderton Electrics Ltd will issue a written notice of intent to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 specifying the debt owed, the amount of interest on the debt at the date of notice, the current daily rate at which interest is accruing, the work undertaken referencing the outstanding invoice or invoices, and how and when to pay. Interest will be claimed at the Bank of England base rate plus 8%. (v) Receipts, certificates, test sheets and reports will be issued and the contents thereof released within three working days of receipt of full payment of invoiced sum or sums.