- FIXED PRICE WORK: Shall be given as a firm cost, (manifest errors exempted) including Labour & Materials, and shall be within 10% over and above the equivalent total hourly rate cost. All costs are plus VAT at the prevailing rate.
ESTIMATED WORK: Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 50% but may be revised in the following circumstances:
- If after Submission of the estimate the Customer Instructs the Company (Either Orally or in Writing) to carry out additional works not referred to in the estimate.
- If After Submission of the estimate there is an increase in the price of materials.
- If After Submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
- If After Submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
- Should a Detailed Insurance report be required in addition to the estimate and invoice then this will incur a nominal charge of £50+vat.
- The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
- Material Collection.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.
(c) Only one engineer is allowed to leave the job to collect parts.
- Invoices are due for payment immediately upon delivery to the Customer unless we have agreed set payment terms with you.. Please also see Late Payments and Debt Recovery Cost, Costs under Contract Clauses and Fixed fee’s further in these Terms and Conditions.
- Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.
- The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
- Cancellation: Please see Cancellation of Goods and/or Services further in this document.
- If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 3 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
- The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
- The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
- Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
- The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
- These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering in to a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
- Title to any goods and certificates, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such a time as title in the such goods has passed to the Customer:
18.1. The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company.
18.2. For the purpose specified in (18.1) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
18.3. The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
- The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
- The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
It is the responsibility of the customer to protect items of furniture (flooring included), furnishings, fixings, fixings, fixtures and fittings. We will make reasonable efforts not to cause any damage, it is suggested that the customer removes items that are to be considered a problem. If it remains within the working area, it is the responsibility of the customers to cover such items.
Wallpaper and paint can sometimes be damaged. It is the responsibility of the customer to take any protection actions felt necessary. We will try our best to put back bath panels, flooring, cupboards etc – areas we need to get access to. We cannot be held responsible for any damage caused to these items or to the way they have been put back. If damage to plaster, brickwork and ceilings etc is caused it is the customers responsibility to make good. We cannot except responsibility for damage caused to wallpaper, paintwork, tiles, laminate flooring, carpets, furniture etc. Any decorator’s caulk and silicon work does not carry a guarantee.
Data Protection Act 2018.
The Company will comply with all relevant Requirements of the Data Protection Act of 2018.
Data Protection Statement.
The information and data provided herein shall not be duplicated, disclosed or disseminated by the recipient in whole or in part for any purpose whatsoever without the prior written permission from London Electrical Solutions Ltd
In some case’s you will need to provide us with information such as your name, contact number, address and e-mail address.
Any personal data we collect during registration or otherwise is designed to allow us to:
- Give you access to, and to provide you with, the right kinds of information related to your enquiry
- Enable us to compile statistical information for regulatory or business purposes
- Send, or call you about our products and services that may be of interest to you. (We will only provide you with such marketing information with your prior agreement)
If you register, request further information or contact us we may keep a record of that correspondence and incorporate the information it contains into our database(s), which we will keep secure in accordance with the requirements of the General Data Protection Regulation.
We will not transfer your personal data to any third parties unless:
- We have your consent to do so
- The third party is our subcontractor or a member of our group of companies, who is processing personal data on our behalf securely and in accordance with our instructions or
- It is otherwise authorised under the General Data Protection Regulation.
Late Payments and Debt Recovery Costs.
Late Payments – Interest.
Under the Late Payment of Commercial Debts (Interest) Act 1998 we are entitled to claim interest at 8% per annum over the base rate at the preceding 31 December or 30 June if:
- We have Supplied Goods and Services.
- The Buyer Bought for Business Purposes.
- The contract is not a consumer credit agreement.
Late Payments – Compensation.
In addition, if we are entitled to interest under the 1998 act, we are allowed to claim compensation for unpaid invoices. The Compensation we are entitled to claim is:
|Up too £999.99
||£40 per invoice
|£1000 – £9,999.99
||£70 per invoice
||£100 per invoice.
We are entitled to claim interest and compensation for late payments whenever a payment is late. We do not have to of started proceedings, so for example, where a trading relationship ends, there is potential to go back over 6 years and claim for all late payments over that period!
Reasonable Costs – Orders placed after 15 March 2013.
Where orders have been placed after 15 March 2013, If the compensation doesn’t cover our costs of recovery, we are entitled to claim our reasonable costs. Our Reasonable costs cover our own staff costs etc and other costs incurred e.g. with Lawyers.
” We reserve the Right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgement as we as before. Any Reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, Modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the bank of England Base Rate from Time to Time.”
Costs Under Contract Clauses.
Under Contract Clauses.
The Following Clause is to cover collection costs and covers the following.
- Legal Fee’s.
- Commission payable to a Debt Collection Agency.
- Our Own Administrative costs, normally time spent by our staff, in recovering a Debt.
- A minimum contribution towards our legal costs.
“Without Prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the cost of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our Administrative costs may include the costs of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.”
Small Claims and Other Proceedings Costs.
If we are to proceed with Small Claims or Any other Proceedings in order to recover any outstanding debts the following will apply.
“If Proceedings are issued a minimum contribution of £250.00 (in addition to the fixed costs of the issue) will be claimed towards any costs incurred with lawyers.”
Cancellation of Goods and/or Services.
If you have decided to cancel the works, your right to cancel and get your money back will depend on:
- Where and How you have made the arrangements.
- Whether we have started the works or not.
- Whether we have ordered ‘made to measure’ or standard products.
If you have arranged the work while on our business premises (e.g. in the companies / contractor’s place of Business), your Right to cancel with depend on whether we have started the works.
Cancelling before the works has started.
You can cancel the work as long as you haven’t made a contract. You won’t have to pay anything.
A contract is formed when either we or the Business makes an offer and you the other party accepts it. You’ll likely have a contract, even if it’s not in writing – for example if you’ve:
- Signed an Agreement.
- Agreed to a quote/estimate (you could have done this verbally).
- Fixed a starting date.
- Paid a deposit.
- Verbally told us to go ahead with the works.
If you do have a contract with us, then cancelling will be breaking that agreement, unless:
- You’ve agreed conditions for cancelling (such as a cancellation charge).
- We as the Business do not honour our contractual obligations (e.g. hasn’t done the works in a reasonable time and then miss the final deadline that you give us, but it must be a reasonable deadline).
- You’ve felt you were misled or pressured into hiring us to do the works for you.
We are entitled to ask you to pay for either or both of the following:
- A Cancellation fee.
- Any loss of profit caused by your cancellation (e.g. if we have set aside time to do your works and can’t book another job for the same period).
If you have given a Deposit, we might hold some or all of it to help cover our losses.
Cancelling after the works have started.
We will only begin works if you’ve formed a contract, either written or verbal.
We may ask you to pay for any of or all of the following:
- A Cancellation fee.
- Labour costs up until the time you cancelled.
- Any items installed or fitted that can’t be removed without damaging them.
- The return of any items that have been delivered but not installed (or can be easily uninstalled),
- Any loss of profit caused by your cancellation (e.g. where we have set aside time to do your work and can’t book another job for the same period).
If you have given a deposit, we will likely hold some or all of it to cover our expenses.
If you have arranged for the works away from our Business’s premises, you will Have an automatic cooling off period of 14 days to cancel and get a refund if you arrange the service:
- Over the Phone.
- On the internet.
- By mail order.
- Somewhere else outside our business (e.g. in the street or at your home or workplace).
Your Cancellation rights after the cooling-off period are the same as if you’d arrange the work while on the Business Premises.
You Don’t Automatically get a cooling-off period if:
- We have something specially made for you and order it in.
- If you invite us into your home / business etc for urgent repairs or maintenance works.
- You have requested that we do the works before the 14 day Cooling-off period can be completed (e.g. if you want us to proceed with the works immediately or at our next available opportunity that will fall within 14 days of the approval of the works).
Your Cooling-Off period will begin the day after you have given the go-ahead for the works to be done.
Cancelling if the works not started yet.
You can cancel and get all of your money back if we have not started the work and your still within the 14-day cooling-off period.
Cancelling if the work’s started.
If you have asked for the service to be provided during the cooling-off period and we have provided you with the cancellation information (Contained in these Terms and Conditions), you’ll have to pay a part of the agreed price of the works. The amount will depend on how much was completed when you asked to cancel, and this will Include any administrative time towards the works.
If you have had items installed that now can’t be removed without causing damage to them, you will loose your right to cancel and if by removing the item it causes damage to it you will get a reduced refund because of this.
Even if items were installed or fitted as part of the works and can be uninstalled, you will be liable to pay for them to be removed and to be returned to the supplier and any restocking fee’s that might be liable.
Updated February 2020.
a: Unit no 18, the Highway Business Centre, Heckford street, London E1W3HS
t: + 44 (0)7795 428 683
t: +44 (0)203 397 1522
e: [email protected]
Registered in England & Wales. Company No. 734 5611
Registered Address: Unit no 18, The Highway Business centre, Heckford street, London, E1W 3HS