Our Terms and Conditions of Trade.
For the purpose of these terms and conditions, the following words shall have the following meanings: a. “Us/We/Our” Shall mean ElectriciansOnCall or its Representatives. b. “You/client/your” shall mean the customer (being the person or organisation for whom we agree to carry out works and/or supply materials)
These terms and conditions are subject to change entirely at our discretion, and shall be notified either verbally or in writing if works are ongoing when these changes are made. These terms and conditions prevail over all others including your own, and together with any quotation or tender given to you by us constitute the entire agreement between us, and supersede and cancel any previous agreement or understanding. You acknowledge that in entering the agreement between us you have not relied on any representation or understanding (whether oral or in writing) which is not included or referred to in this document.
These terms and conditions set out our liability in respect of all work, and our liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of any work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) except any which by law cannot be excluded. Save as provided in these terms and except as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of defects in the work or failure to correspond to specification or for any injury, damage or loss resulting from any such defects or failure or from carrying out of any work.
1. If any provision of this agreement is declared by any judicial or other competent legal authority to be void, voidable, illegal or otherwise unenforceable the provision shall be severed from this agreement to the extent required and the remaining provisions shall remain in full force and effect unless the parties decide that the effect of such declaration is to defeat the original intention of the parties in which case either party shall be entitled to terminate this agreement by one month’s written notice
2. We are a repair company, not a make good company, all making good shall be at this company’s discretion and where practical, new materials/parts will be always be used.
3. All our engineers are professionally qualified, and carry all relevant qualifications and insurance.
4. Jobs on a half hourly rate. The total charge to you will be the time spent doing the work. It will include all reasonable time spent in obtaining materials. Parts and materials are charged at retail price plus a handling charge. All costs quoted are subject to VAT at current VAT rates.
5. The price payable by you is the price stated as the invoice total or, where no price is stated, our current standard rates for the service provided.
6. Our Charge Rates.
It is your responsibility to enquire into our rates for the specific service you require. Although we will always attempt to inform you prior the work starting, we incur no liability or obligation to present this information to you, except upon request.
7. Where labour charges apply, unless otherwise confirmed, all services shall be charged with a minimum labour charge of 30 minutes, and rounded up to the nearest half hour thereafter. Subsequent visits shall be charged at the same rate unless otherwise quoted by us.
8. Unless explicitly agreed in writing, we cannot guarantee to work within ceiling limits, while we will undertake all reasonable care to ensure compliance, you accept any additional costs.
9. Fixed price work. Quotes will include labour and materials. The price will be fixed but manifest errors shall be exempted.
Quotations may need to be revised if you change the scope of work or, if there is an increase in the price of materials or, if further works are required.
The price payable by you is specified in our quotation. We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials or alteration of the job specification since the date of our quotation, save if this would increase the cost by more than 25%, where we will give you an amended quotation. If you decline the amended quotation, you may be liable to be charged for any time and work undertaken to this point.
All prices quoted are subject to VAT at the prevailing
rate.
10. We reserve the right to withdraw any quotation without notice before we receive your acceptance.
11. Dates specified for the commencement and completion of works are estimates only and shall not form the essence of the contract.
12. Where all consideration is given to the evaluation or work duration, all reasonable precaution will be taken to avoid additional costs. It is however agreed, and a condition of these terms that should further work be necessary to complete the contract, and where you or your site representative is not available for whatever reason, to sanction the necessary extension we have your authority (without reference to you), to extend the working day or re-attend to complete the works. Additional hours will be charged in accordance with our current standard rates.
13. Invoices are payable within the agreed payment terms. Invoices unpaid (in total or part) will be subject to late payment charges, these charges are 10% per annum of the total monies outstanding plus VAT and will be calculated on a daily basis.
14. The person giving instruction to us or, ordering work or materials will personally be deemed to be the customer, unless it is made clear to us who the customer is and we have confirmation that the person providing the instruction or order has the right to instruct us on the customer’s behalf.
15. Our Cancellation Policy
If you instruct us to carry out works that require materials to be ordered, and then cancel that instruction, we reserve the right to charge you for the cost of any time spent, material loss or charges incurred by us. This does not affect your statutory rights under the Consumer Contracts Regulations 2013.
16. Quotations issued are subject to a term of 28 days. This takes into account fluctuating costs of materials. If you are offered a quotation in your home or, place of business, you legally have the right of cancellation within 14 days however, if you accept an issued quotation, and work has been agreed to start prior to the end of this 14-day period, you agree to waive your rights of cancellation under Consumer Contracts (Information, cancellation and additional charges) Regulations 2013. Please be aware, should you cancel the work without giving 7 days’ notice prior to the agreed start of works, you will be held liable for costs incurred during preparation for the works. These costs can include, but are not limited to the following:
1. Restocking charges from suppliers if applicable.
2. The entire cost of any materials specially ordered for your work or any personalised or engraved items.
3. Bank or transaction charges incurred by us if an initial stage payment had been requested.
4. Reasonable administration time when carrying out duties specific to the works cancelled.
17. You may not assign or sub-contract any of your rights. We may perform any or all of our obligations under this agreement through agents or sub-contractors, provided that we shall remain liable for such performance and shall indemnify you against any loss or damage suffered by you arising from any act or omission of such agents or sub-contractors.
18. Any outstanding final amount due shall be paid upon completion of the works, unless specifically agreed otherwise by us.
19. You agree that by providing debit/credit card details as the preferred payment method or security for our charges, you have provided authorisation for funds to be taken from that card. This can be at any time when invoices are unpaid, by the agreed credit limits or, at a time when, at our discretion, the security needs to be processed.
19a. Debit/Credit card details or, an initial stage payment can be requested as security for any works agreed, regardless of desired final payment method, unless otherwise agreed by us.
19b. Credit card transactions may incur a 5% surcharge, this charge is waived at our discretion and can be reinstated, this charge shall be VAT exempt.
19c. Overdue invoices shall incur a late payment penalty charge; this charge will be made on a daily basis and will total the sum of 10% of the outstanding debt. This charge will be subject to VAT and will be fully receipted when paid in full.
20. Guarantees and warranties.
All works and materials are guaranteed for a reasonable time frame as governed by us, on an individual basis. If you are not satisfied with our work, you must contact us within 30 days of completion in writing, you also give permission so we may inspect the work and, if required, carry out remedial work at our expense. You agree that you do not contact us in a 30-day period, the standard terms of any issued warranty will apply.
21. We will use all reasonable endeavours to carry out works within the agreed dates and times but shall not be under any liability if it should be either impossible or impracticable to carry out work on the agreed date or dates or by reason of strike, lock out, industrial disputes, acts of God or other event, or occurrence beyond our control.
22. Things we cannot cover.
We are unable to guarantee our work, parts or equipment supplied to you if they are misused, treated negligently or if our work is altered, modified or tampered with by anyone other than us. Where we carry out works for you using materials supplied by you, we take no responsibility for the quality, fitness for purpose or otherwise of these materials and the terms of any guarantee or warranty will not apply.
We will not be held liable for any damage to carpets, floor coverings, expensive items or furniture during works carried out. (Although great care is taken to ensure there is minimal damage and we will always request you move expensive items away from the site of works).
We cannot guarantee either workmanship or materials where you order us to carry out work against our professional advice. Professional advice will be offered to you either orally, or in writing. Any guarantee or warranty will also be void should we advise further works are required in order that the completed work is completed to a safe and satisfactory standard, and you fail to have this work carried out.
We cannot guarantee work on existing installations that are over 20 years old. Nor can we guarantee the effectiveness or otherwise of our work in these cases. In this situation you will always be advised prior to any works commencing.
23. We will only be liable for rectifying our own work and shall not be held responsible for any consequential loss, damages or claims resulting from this or, from other works overlooked or subsequently requested or undertaken.
24. You shall indemnify us against all actions, suits, claims, demands, losses, charges, costs and expenses which we suffer or incur resulting from a claim by any third party arising out of a breach of your obligation, undertakings, representations and warranties under this agreement.
25. A person who is not a party to this agreement has no rights or duties under the Contracts (Rights) of Third Parties) Act 1999 to enforce any terms of this agreement.
26. We shall be entitled to recover from you any costs or damages however incurred where the negligence or faulty workmanship of any person or contractor employed or engaged by you makes us liable to pay for those damages or rectification of work.
27. Our liability (if any) whether in contract or otherwise in respect of any defects in the work carried out, or in breach of this agreement, of any duty of care or otherwise owed to you in connection herewith shall be limited to the invoice value of the work.
28. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) resulting in the failure or delay in the performance of your obligations under these terms.
29. Your Responsibilities. You must let us know of any dangerous gases, liquids or other materials, which you believe, may present a hazard or danger to any person carrying out work before such work is started. You must provide us with all the necessary details in respect of any relevant requirements specified by any inspectors or similar regulatory authorities.
30. Electrical outages. It is your responsibility to protect any live data, equipment, software or stored data information, which may become damaged or deemed lost due to power loss. Whilst every care shall be taken, we accept no liability and it should be assumed that accidental power loss might occur during the course of the works.
31. Goods supplied and delivered by us to you, or your premises shall remain our property until paid for in full. Whilst goods remain our property (we shall continue to have title over them), we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. We shall be entitled to seek a court injunction to prevent you from selling, transferring, or otherwise disposing of such goods. However, once goods have been delivered, it will be your responsibility to keep them safe and secure. Goods damaged through your negligence will be charged for.
32. Complaints Procedure.
If you have the need to make a complaint, then please email or write in the first instance. Our Customer Service Department is at the following address:
Customer Service Department
ElectriciansOnCall
8 Nursery Gardens
Broadstairs
Kent CT10 3EW
Please allow up to two weeks for your concern to be investigated, you shall be informed of the outcome verbally and in writing. In the event of a refund, this shall be sent in the form of a cheque.
33. By entering into a contract (either in writing or verbally) with us, you agree to these terms and conditions.
34. This agreement and all matters arising from it shall be governed and construed in accordance with English law
35. Although we never guarantee to either identify or rectify any electrical faults as part of our emergency reactive work, in the unlikely event that you are not satisfied with the standard of work, refunds will be provided totally at our discretion once a full investigation. Please ensure that you notify us within 7 working days by post
(To the customer Service address given above) or email to info@electriciansoncall.com that you are not satisfied and are requesting a refund.
36. Our Prices. Our prices are graduated and are based on the level of service/time of day and day of call and the type of work undertaken. These range from £75.00 per half an hour to £210.00 per half hour and any materials used will be charged in addition to this timed charge.
37. Your Privacy. We take your privacy very seriously,
at no time will we pass on any client details to a third
party, no credit card or debit card details are retained
and are destroyed after each transaction.