Terms and Conditions

Application and entire agreement

  1. 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)
  2. 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.
  3. 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 trad, custom, practice or course of dealing.

Interpretation

  1. A “business day” means a day other than Saturday, Sunday or bank holiday in
    England and Wales.
  2. The headings in these Terms and Conditions are for convenience only and do not
    affect their interpretation.
  3. Words imparting the singular number shall include the plural and vice-versa.

Services

  1. 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 whit any applicable law or safety requirement, and we will notify you if
    necessary.
  2. We will use our reasonable endeavours 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.

Your Obligations

  1. You must obtain any permission, consents, licences or otherwise we need and must
    give us with access to any and all relevant information, materials, properties and any
    other matters which we need to provide the services.
  2. If you do not comply with clause 10, we can terminate the services.
  3. 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).

Fees

  1. The fees (Fees) to the services are set out in the quotation and are on a time and
    materials basis.
  2. 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.
  3. You must pay us for any additional services provided by us that are not specified in
    the quotation in accordance with out then current, applicable daily rate effect at the
    time of performance or such other rate as may be agreed between us. The provisions
    of clause 14 also apply to these additional services.
  4. 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

    1. 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).
    2. Either we or you can cancel an order for reason prior to your acceptance (or rejection)
      of the quotation.
    3. 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.
    4. 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.

Payment

  1. We will involve you for payment of the Fees either:
    1. When we have completed the services; or
    2. On the invoice dates set out in quotation.
  2. You must pay the Fees due within 30 days of the date of our invoice or otherwise in
    accordance with any credit terms agreed between us.
  3. Time for payment shall be of the essence of the contract.
  4. 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 annum above the base lending rate of the Bank of England from time to time the
    amount outstanding until payment is received in full.
  5. 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.
  6. 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.
  7. Receipts for payment will be issued by us only at your request.
  8. All payments must be made in British Pounds unless otherwise agreed in writing
    between us.

Sub-Contracting and assignment

  1. 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 with all 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.
  2. 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.

Termination

  1. We can terminate the provision of the services immediately if you:
    1. Commit a material breach of your obligations under these Terms and
      Conditions; or
    2. fail to make pay any amount due under the contract on the due date for
      payment; or
    3. are or become or, 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
    4. 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
    5. 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.

Intellectual property

  1. 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.

Communications

    1. 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)
    2. Notices shall be deemed to have been duly given:
      1. when delivered, if delivered by courier or other messenger (including
        registered mail) during normal business hours of the recipient;
      2. when sent, if transmitted by fax or email and a successful transmission report
        or return receipt is generated;
      3. on the fifth business day following mailing, if mailed by national ordinary mail;
        or
      4. on the tenth business day following mailing, if mailed by airmail.
    3. All notices under the Terms and Conditions must be addressed to the most recent
      address, email address or fax number notified to the other party.

No Waver

      1. 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.

Severance

      1. 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

    1. 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.