ElectriciansOnCall. Terms of Business
1. 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)
2. These terms and conditions are subject to change entirely at our discretion, and shall be notified either verbally or in writing. 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.
3. These terms and conditions set out our liability in respect of the 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 the 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.
4. If any provision of this agreement is declared by any judicial or other competent 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 months written notice
5. We are a repair company not a make good company, all making good shall be at this company’s discretion
6. All our engineers are professionally qualified, and carry all relevant qualifications.
7. Jobs on an 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 rates quoted are subject to VAT at current VAT rates.
a. 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.
b. It is your responsibility to enquire into our rates for the specific service you require. We incur no liability or obligation to present this information to you, except upon request.
c. Where labour charges apply, unless otherwise confirmed, all services shall be charged with a minimum labour charge of 30 minutes, for the initial visit, and rounded up to the nearest half hour thereafter. Subsequent visits shall be charged on merit rounded up to the nearest half hour.
d. 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.
8. Fixed price work. Quotes will include labour and materials. The price will be fixed but manifest errors shall be exempted. Quotes 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.
a. 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 since the date of our quotation save if this would increase the cost by more than 10%, where we will give you an amended quotation. If you decline the quote you may be liable to a charge, for time and work undertaken to this point.
b. All prices quoted are subject to VAT at current VAT rates.
c. We reserve the right to withdraw any quotation without notice before we receive your acceptance.
d. Dates specified for the commencement and completion of works are estimates only and shall not form the essence of the contract.
9. 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 rates.
10a. Invoices are payable within the agreed payment terms. Invoices unpaid (in total or part) will be subject to late payment charges, charged at 5% above the Bank of Englands current base rate per month of the total monies outstanding plus VAT.
10b. Reversed or refused payments will be subject to an administration charge of £50.00, this charge is subject to VAT at the prevailing rate.
10c. We reserve the right to charge a further £35.00 per refused/reversed payment, this charge is subject to VAT at the prevailing rate, if a payment remains outstanding subsequent charges may be made for correspondance relating to the outstanding debt.
10d. Payments that remain outstanding for a period of 14 days after the initial penalty letter is sent may be subject to immediate court action without further notification.
10e. All expenses incurred in relation to collecting the outstanding debt will be added to the outstanding amount including court fees, collection agent services etc.
11. The person giving instructions 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 instructions or order has the right to instruct us on the customer’s behalf.
12. If you instruct us to do the works or buy materials and then cancel that instruction, we reserve the right to charge you for the cost of any time spent and material loss incurred by us.
13. 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.
14. Payment shall be due upon completion of the works, unless specifically requested and agreed otherwise by us.
a. 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 upon completion of works, or when invoices are unpaid by the agreed credit limits, or at a time when, at our discretion, the security needs to be processed.
b. Debit/Credit card details shall be required as security for any works undertaken regardless of desired payment method, unless otherwise agreed.
c. Credit card transactions may incur a surcharge and, this charge shall be VAT exempt. d. Overdue invoices (where security has been waived) shall incur a late payment charge; this charge shall be subject to VAT.
d. Account clients that have unpaid invoices for a period of 7 days after the due date will be subject to a late payment charge equal to £3.00 per day, this charge wikll be made from the due date on the issued invoice, this charge is subject to VAT at the prevailing rate. We will deem the account to be deliberately unpaid after a period of 28 days and reserve the right to commence legal action to recover any outstandfing amount without any furtyher notification.Charges in relation to the collection of all unpaid monies will be borne by the client.
15. Guarantee. 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 of the work in writing, so that we can inspect the work and if required carry out any remedial work at our expense. You agree if you do not contact us in a suitable time frame/within 30 days we shall have no liability.
16. We will use our reasonable endeavours to carry our the works on the agreed dates and times but shall not be under any liability to the client if it should be either impossible or impracticable to carry out the work on the agreed date or dates or by reason of strike, lock out, industrial disputes, acts of god or any other event, or occurrence beyond our control.
17. Things we cannot cover.
a. We are unable to guarantee our work, parts and equipment supplied to you if they are misused, treated negligently or if our work is repaired, modified or tampered with by anyone other than us. Where we carry out works for you using your materials we can take no responsibility for the quality, fitness for purpose or otherwise of these materials and the terms of our guarantee will not apply.
b. Damage to carpets, floor coverings, expensive items and furniture during works carried out. (Although care is taken to ensure there is minimal damage.)
18. We cannot guarantee work where you order us to carry out work against our advice. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out.
19. We cannot guarantee work on existing installations that are over 10 years old. Nor can we guarantee the effectiveness or otherwise of our work in these cases.
20. 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.
21. 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.
22. 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.
23. We shall be entitled to recover from you any costs or damages we may have to pay 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.
24. Our liability (if any) whether in contract or otherwise in respect of any defects in the work, 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.
25. 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.
26. 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 the factory inspectors or similar regulatory authorities.
27. Electrics. It is your responsibility to protect any 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.
28. Title of Goods. Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you 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.
29. If you have the need to make a complaint, then please telephone in the first instance on 01843 491105, otherwise please write to our Customer Service Department at the following address:
Customer Service Department
8 Nursery Gardens, Broadstairs,
Kent CT10 3EW
30. 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.
31. By entering into a contract (either in writing or verbally) with us, you agree to these terms and conditions.
32. This agreement and all matters arising from it shall be governed and construed in accordance with English law
Although we do not provide a guarantee for our emergency reactive work, refunds may be provided once a full investigation has been completed as to why a refund is required. Please ensure that you notify us within 14 working days that you require a refund.
Our Prices are graduated and are based on the level of service / time of day and day of call that is required by the Customer. They range from £55.00 per half hour to £175.00 per half hour and any materials used will be charged on top.
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 kept and are destroyed after each transaction.
Please direct all complaints to: Electricians On Call. 8 Nursery Gardens, Broadstairs. Kent CT10 3EW