Terms and Conditions
Application and entire agreement
- These terms and conditions apply to the provision of the services in our quotation (services) by Elliot Electrical services ltd a company registered in England and Wales under number 12265677 whose registered office is at 128 Oaktree Lane, NG18 3HR (we or us or service provider) to the person buying the services (you as customer)
- You are deemed to have accepted the Terms and Conditions when you accept our quotation or from the date of any performances of the services (whichever happens earlier) and these Terms and Conditions and our quotation (the contract) are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf. These conditions apply to the content to the exclusion of any other terms that you try or incorporate, or which are implied by trade, custom, practice or course of dealing.
- A “business day” means a day other than Saturday, Sunday or bank holiday in England and Wales.
- The headings in these Terms and Conditions are for convenience only and does not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa. Services
- We warrant that we will use reasonable care and skill in our performance of the services which will comply with the quotation, including any specification in all material respects. We can make any changes to the services which are necessary to comply with any applicable law or safety requirement, and we will notify you if necessary.
- We will reasonably endeavour to complete the performance of the services within the time agreed or as set out in quotation however, time shall not be of the essence in the performance of our obligation.
- You must obtain any permission, consents, licences or otherwise we need and must give us access to all relevant information, materials, properties and any other matters which we need to provide the services.
- If you do not comply with clause 9, we can terminate the services.
- We are not liable for any delay or failure to provide the services if this is caused by your failure to comply with the provisions of the section (Your obligations).
- The fee (Fees) to the services are set out in the quotation and are on a time and materials basis.
- In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses. b) the cost of services provided by third parties and required by us for the performance of the services, and c) the cost of any materials required for the provision of the services.
- You must pay us for any additional services provided by us that are not specified in the quotation or design drawing, in accordance with alterations to original quotation, applicable charged at the time of performance or such other rate as may be agreed between us. The provisions of clause 13 also apply to these additional services.
- Bookings, once approval and accepted, an engineer from the company attends, then a time no greater than 30 min will be the site presence. The provisions of clause 13 will be applied for loss of time and charged at the company’s rate.
- Time will be additionally costings applied for a) Site meetings/visits b) all time incurred on re-quotations c) alterations to drawing design, material, labour and losses incurred.
- The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or changed by any competent authority.
Cancellation and amendments
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the services have not started, within a period of 20 days from the date or the quotation, (unless the quotation has been withdrawn).
- Either we or you can cancel an order for reason prior to your acceptance (or rejection) of the quotation.
- If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make.
- If due to circumstances beyond our control, including those set out in the clause below (circumstances beyond a party’s control), we have to make any change in the services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will involve you for payment of the Fees either:
- a) When we have completed the services; or
- b) On the invoice dates set out in quotation specifies
- c) Pre Agreed interim payments.
- You must pay the Fees due within 30 days (unless stated otherwise) of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be of the essence of the contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5 % per invoice payment period above the base lending rate of the Bank of England from time to time the amount outstanding until payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provisions of the services and cancel any future services which have been ordered by, or otherwise with, you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in British Pounds unless otherwise agreed in writing between us.
Sub-Contracting and assignment
- We can at any time assign, transfer, charge subcontract or deal in any other manner with all or any other matter with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
- We can terminate the provision of the services immediately if you:
- Commit a material breach of your obligations under these Terms and Conditions; or
- Fail to make pay any amount due under the contract on the due date for payment; or
- Are or become, in our reasonable opinion, are about to become, the subject of bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- Enter into a voluntary agreement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings of any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by qualifying floating charge holder (as defined in para. 14 of schedule B1 of the Insolvency Act 1986), a resolutions is passed or petition presented to any court for you winding up or the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We reserve all copyright and any other intellectual property rights which may subsist in any good supplied in connection with the provision of the services. We reserve the right to take any appropriate actions the restrain or prevent infringement of such intellectual property rights.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of the party)
- Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient;
- when sent, if transmitted by email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
- All notices under the Terms and Conditions must be addressed to the most recent address, email address notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed served from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
- The Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of English and Welsh courts.