Terms and conditions
1. GENERAL
Acceptance of a quote or a work instruction includes acceptance of the following terms and conditions.
2. DEFINITIONS
“Contractor” shall mean Smart Sparks Electrical Ltd. ‘Customer’ shall mean the person, company or firm responsible for instructing the works. “Works” shall mean those works described in the quotation or agreed works. ‘Contract’ shall mean a written formal contract, or a contract based upon acceptance of a quotation or a work instruction.
3. PERIOD OF ACCEPTANCE
Unless otherwise expressly agreed in writing, a quotation remains open for acceptance for 30 days unless previously withdrawn. Thereafter it is subject to confirmation or adjustment by the contractor.
4. BASIS OF QUOTATION. GENERAL
a. Unless specified in the quotation, prices are based on the work being undertaken during normal working hours 8.00am to 5.30pm 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.
b. 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 a time and material basis at previously agreed rates.
c. Allowance has been made for laying of cable and conduit runs by the shortest practicable routes parallel to building lines wherever possible.
d. 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. Work 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 fitted in a clean state. Value Added Tax. VAT will be charged as an addition to the main amount, unless otherwise specified.
f. Where works commence immediately, or without written quotation being requested by the customer, labour will be agreed by the customer at the contractor’s standard hourly rate or at a complete price stated by the contractor prior to work commencing.
g. Disposal of al l rubbish/debris or provision of skips are provided and costs covered by the customer unless otherwise stated on the quotation.
5. TEST & INSPECTION REPORTS
a. Installation and Minor works, where applicable, all tests and certificates are completed in accordance with BS7671.
b. Periodic Inspection Report to BS7671.
c. Final certificates may not be issued until full payment for the works has been made by the customer. 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 20%) 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 and 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 priced, will be provided with the report if appropriate.
d. Portable Appliance to IEE Code of Practice. 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 normal work rat es unless otherwise agreed by both parties in writing. All certificates will be sent to the customer detailed; an additional copy of any certificate can be sent to concerned parties for an additional fee, this will only be with the instruction or permission of the client. All certificates will be sent to the customer and agreed concerned parties unless otherwise requested by the customer, this may be subject to additional charges.
6. INSURANCES
The existing structures, together with the contents thereof, the works and all unfixed materials, goods and plant on site, shall be at 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 contractor until paid in full by the customer. The contractor shall maintain employer’s 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
7. COMPLETION & EXTENSION OF TIME
The contractor shall endeavour to carry out the 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 contractor’s control. If the progress of the works is delayed and / or disrupted due to any cause beyond the contractor’s control, then the contractor shall be granted an extension of time, providing that the contractor shall use his best endeavours to minimise such delay.
8. 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 equipment or materials, save where the damage is caused by the 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 brought to his attention within 12 months of the completion of the work or the warranty period of the materials, whichever is the lesser, provided nevertheless that:
a. The contractor accepts no responsibility for any drawing, design or specification not prepared by him.
b. 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, has servants or agents.
c. The contractor shall not be liable for any wear and tear, loss, or damage, direct or indirect, nor for 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.
d. The repair or replacement of any faulty work or materials shall only be carried out by the contractor, his servants, or agents; otherwise, the contractor’s warranties as to repair or replacement shall not apply.
e. The contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fittings which have to be 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 at least the duration of the contract.
9. 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:
a. by reason of customer’s instructions and/or delayed instructions regarding extra work or variations;
b. by delay on the p art of the companies engaged by the customer in executing work not forming part of this contract;
c. by the customer failing to afford free and uninterrupted access to the contractor to the property for the proper execution of the works;
d. 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 equipment or materials, save where the damage is caused by the negligence of the contractor.
10. DISPUTES AND ARBITRATION
Without prejudice to the legal rights of either party, any dispute between the contractor and the 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.
11. TERMS OF PAYMENT
a. Payment in full shall be made in advance or on the day of completion of the work. Customers with an account shall pay within 30 days of the date of a written application/invoice submitted by the contractor.
b. Where the contract period is in excess of 4 weeks, written applications/invoices may be submitted monthly, for the total value of work executed – less previous payments – the net amount due to be paid by the customer within 30 days of the invoice date or payment application.
c. Failure by the customer to make any payment as aforesaid shall entitle the contractor to suspend work and/or charge interest on the amount outstanding at 8% above the base rate of the contractor’s bank from the time to time in force and to recover from the customer any administrative or legal costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. All materials provided/ installed by the contractor for the purposes of the requested works will remain the property of the contractor until payment has been made in full by the customer. 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 customer’s cost all materials and goods installed or provided during the works.
d. Receipts, certificates, test sheets and reports will be issued, and the contents thereof released within 3 working days of receipt in full payment of the total invoice sum.
e. Non account customers may be required to make a 30% advanced payment to secure contractual commitments between the Contractor and Customer. This amount of part thereof can be used for the purposes of payment of goods secures for the customer or to cover losses by the contractor.
f. The client can request flexible payment terms in the form of monthly payments, which can be spread over the period of a maximum of 90 days, this “must” be agreed by the contractor & client when works are agreed to commence. Should a customer require such terms, an additional 10% charge of the total quotation will be added on top of original quotation and payments will be divided over the period of 90 days, payments will be due at the end of each 30-day period of invoice received.
