H.T.ELECTRICAL SYSTEMS TRADING TERMS AND CONDITIONS.

 

GENERAL

UNLESS OTHERWISE AGREED IN WRITING BY THE COMPANY ALL OFFERS ARE MADE AND ANY CONTRACT RESULTING THEREFROM INCLUDING THE SERVICES THEREUNDER, IF ANY IS SUBJECT TO THESE CONDITIONS WHICH PRECEDE ANY EARLIER SETS OF CONDITIONS APPEARING ELSEWHERE AND SHALL OVERRIDE ANY TERMS,CONDITIONS OR STIPULATIONS INCORPORATED OR REFERRED TO BY THE CUSTOMER WHETHER IN THE ACCEPTANCE OF THE OFFER OR IN ANY NEGOTIATIONS.

ANY QUOTATION GIVEN BY THE COMPANY CAN CONSTITUTE AN OFFER.

THE CUSTOMER'S ACCEPTANCE MUST BE ON THE FORM ANNEXED AND MUST BE RECEIVED NO LATER THAN SEVEN DAYS PRIOR TO THE STATED COMMENCEMENT OF THE CONTRACT. ANY OTHER PURPORTED ACCEPTANCE WHETHER IN WRITING OR OTHERWISE OR WHICH IS RECEIVED BY THE COMPANY AFTER 28 DAYS FROM THE DATE OF THE COMPANY'S QUOTATION SHALL CONSTITUTE A COUNTER OFFER.

THE COMPANY SHALL NOT BE LIABLE FOR ANY OPINION EXPRESSED EITHER BY ITSELF OR ITS AGENTS OR SERVANTS OR ANY THIRD PARTY AS TO THE SUITABILITY OF THE SERVICES OR THE MATERIALS OR FOR THE CONTRACT WHETHER SUCH OPINION IS EXPRESSED IN WRITING OR VERBALLY. THE CUSTOMER CONFIRMS THAT HE HAS SATISFIED HIMSELF AS TO THE SUITABILITY OF THE SERVICES MATERIAL AND THE CONTRACT AND HAS NOT IN ANY WAY RELIED UPON THE OPINION OF THE COMPANY.

SAVE WHERE EXPRESSLY PROVIDED IN THESE CONDITIONS AND EXCEPT WHERE THE SERVICES ARE SOLD TO A PERSON DEALING AS THE CONSUMER ALL WARRANTIES,CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

WHERE THE SERVICES ARE SOLD UNDER A CONSUMER TRANSACTION (AS DEFINED BY THE CONSUMER TRANSACTIONS RESTRICTIONS ON STATEMENTS ORDER 1976) THE STATUTORY RIGHTS OF THE CUSTOMER ARE NOT AFFECTED BY THESE CONDITIONS.

THE CONTRACT PRICE IS GIVEN ON THE UNDERSTANDING THAT THE CONTRACT WILL TAKE PLACE  UPON THE DATES SPECIFIED OVERLEAF AND DURING THE HOURS OF 8.30AM TO 5.30P.M MONDAY TO FRIDAY INCLUSIVE.

THE COMPANY WILL SUPPLY AT THE COST OF THE CUSTOMER ANY AND ALL MATERIAL EQUIPMENT AND OTHER ITEMS NECESSARY FOR COMPLETION OF THE CONTRACT UNLESS OTHERWISE EXPRESSLY AGREED BETWEEN THE PARTIES IN WRITING.

PAYMENT

THE COMPANY RESERVES THE RIGHT TO REQUIRE PAYMENT AGAINST INVOICE OF THE CONTRACT PRICE IN WHOLE OR IN PART BY CASH AT ANY TIME PRIOR TO THE COMMENCEMENT OF THE SERVICES. WHERE THE COMPANY DOES NOT EXERCISE THIS RIGHT,PAYMENT IS DUE WITHIN THE PERIOD SPECIFIED  IN THE COMPANY'S QUOTATION TO THE CUSTOMER.

ANY SUMS NOT PAID BY THE CUSTOMER BY THE DUE DATE SHALL BEAR INTEREST AT THE RATE OF 4% ABOVE THE BASE LENDING RATE OF LLOYDS BANK PLC PER ANNUM OR PART THEREOF FROM THE DATE WHEN PAYMENT IS DUE TO THE DATE WHEN PAYMENT IS RECEIVED BY THE COMPANY (AS WELL AS BEFORE AND AFTER JUDGEMENT).

THE TIME OF PAYMENT SHALL BE OF THE ESSENCE OF THE CONTRACT.

THE CONTRACT PRICE SHALL BE PAYABLE IN FULL NOTWITHSTANDING THAT THE CUSTOMER MAY WISH TO CANCEL OR POSTPONE THE CONTRACT  WHETHER IN WHOLE OR IN PART.

THE COMPANY MAY INCREASE THE CONTRACT PRICE AND THE CUSTOMER SHALL PAY SUCH INCREASED CONTRACT PRICE IF:-

ANY ADDITIONAL EQUIPMENT RESOURCE OR OTHER ASSETS ARE,IN THE OPINION OF THE COMPANY,NECESSARY FOR THE PROPER PERFORMANCE OF ITS PART OF THE CONTRACT.

PERFORMANCE

ANY TIME OR DATE FOR PERFORMANCE OF THE CONTRACT NAMED BY THE COMPANY IS AN ESTIMATE ONLY.THE COMPANY SHALL BE ENTITLED ON GIVING NOT LESS THAN 48 HOURS NOTICE TO THE CUSTOMER TO CANCEL,POSTPONE OR VARY THE WHOLE OR ANY PART OF THE PERFORMANCE OF IT.

THE CUSTOMER SHALL PROVIDE TO THE COMPANY SUCH DETAILS AS MAY BE NECESSARY OR MAY BE REQUIRED BY THE COMPANY TO ENABLE THE COMPANY TO PERFORM THE CONTRACT.IF FOR ANY REASON THE CUSTOMER FAILS TO PROVIDE SUCH DETAILS OR IF FOR ANY REASON NOT RELATED TO ANY ACT OF DEFAULT BY OR ON THE PART OF THE COMPANY THE CUSTOMER IS UNABLE TO ACCEPT PERFORMANCE OF THE CONTRACT AT THE TIME WHEN THE COMPANY IS READY AND WILLING TO PERFORM THE CONTRACT THE CUSTOMER SHALL INDEMNIFY THE COMPANY IN RESPECT OF ANY LOSSES OCCASIONED TO THE COMPANY BY REASON OF SUCH FAILURE ON THE PART OF THE CUSTOMER.

SHOULD DEFAULT BE MADE BY THE CUSTOMER IN PAYING ANY SUM DUE UNDER THIS OR ANY OTHER CONTRACT BETWEEN THE PARTIES AS AND WHEN IT BECOMES DUE THE COMPANY SHALL HAVE THE RIGHT EITHER TO SUSPEND ALL FURTHER PERFORMANCE OF THE CONTRACT UNTIL THE DEFAULT HAS MADE GOOD OR TO CANCEL THE CONTRACT SO FAR AS ANY SERVICES REMAIN TO BE CARRIED OUT THEREUNDER.

ANY ALLEGATIONS BY THE CUSTOMER THAT THE SERVICES ARE IN ANY WAY DEFECTIVE MUST BE MADE AS SOON AS REASONABLY PRACTICABLE DURING THE PERFORMANCE OF THE CONTRACT AND IN ANY EVENT NO LATER THAN THREE DAYS AFTER  THE CONCLUSION OF THE SERVICES AND MUST BE MADE TO THE COMPANY IN WRITING.FAILURE TO GIVE SUCH NOTICE SHALL BE DEEMED ACCEPTANCE BY THE CUSTOMER THAT THE SERVICES ARE IN FULL COMPLIANCE WITH THE TERMS OF THE CONTRACT.

LIMITATION OF LIABILITY

NO WARRANTY,CONDITION, DESCRIPTION OR REPRESENTATION ON THE PART OF THE COMPANY IS GIVEN OR IMPLIED BY THESE CONDITIONS NOR IS ANY WARRANTY, CONDITION, DESCRIPTION OR REPRESENTATION TO BE TAKEN TO HAVE BEEN GIVEN OR IMPLIED FROM ANYTHING SAID OR WRITTEN IN NEGOTIATIONS BETWEEN THE PARTIES OR THEIR REPRESENTATIVES BY OR ON BEHALF OF THE COMPANY PRIOR TO THE CONTRACT AND ALL STATUTORY OR OTHER WARRANTIES, CONDITIONS,DESCRIPTIONS OR REPRESENTATIONS EXPRESS OR IMPLIED AS TO THE STATE QUALITY OR FITNESS OF THE CONTRACT OR THE SERVICES THE SUBJECT OF THE CONTRACT ARE HEREBY EXPRESSLY EXCLUDED.

WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING IT IS SPECIFICALLY AGREED THAT THE COMPANY SHALL IN NO CIRCUMSTANCES BE LIABLE:-

FOR ANY INDIRECT OR CONSEQUENTIAL LOSS SUSTAINED BY THE CUSTOMER AS A RESULT OF ANY BREACH OF CONTRACT BY THE COMPANY.

FOR ANY LOSS OCCASIONED TO THE CUSTOMER ARISING OUT OF ANY DAMAGE TO OR DESTRUCTION OF ANY PROPERTY OF ANY TYPE ON THE CUSTOMERS PREMISES DURING PERFORMANCE OF THE CONTRACT HOWSOEVER OCCASIONED INCLUDING FOR THE AVOIDANCE OF DOUBT THE DELIVERY OF THE SERVICES.

IN THE EVENT OF THE COMPANY BEING FOUND LIABLE FOR ANY LOSS OR DAMAGE(NOTWITHSTANDING THE PROVISIONS OF ANY OF THESE CONDITIONS) THE LIABILITY SHALL IN NO EVENT EXCEED THE CONTRACT PRICE.

NOTHING IN THESE CONDITIONS SHALL RESTRICT THE LIABILITY OF THE COMPANY EITHER ARISING OUT OF NEGLIGENCE OF THE COMPANY WHICH CAUSES DEATH OR PERSONAL INJURY OR WHERE THE CUSTOMER IS A CONSUMER,WHICH RESULTS IN THE COMPANY BEING LIABLE UNDER THE CONSUMER PROTECTION ACT 1987.

SUBJECT TO CLAUSE 5.2.4. THE COMPANYS LIABILITY IN ANY EVENT SHALL CEASE IF THE CUSTOMER SHALL NOT HAVE PAID IN FULL INVOICES FROM THE COMPANY ON THE DUE DATE.

IN THE EVENT OF ANY CLAIM BEING MADE AGAINST THE CUSTOMER BY REASON OF ANY MATTER TO AND IN RESPECT OF WHICH THE COMPANY MAY BE LIABLE UNDER THESE CONDITIONS THE CUSTOMER SHALL NOTIFY THE COMPANY IN WRITING WITHIN 14 DAYS OF RECEIPT BY HIM OF NOTICE OF SUCH CLAIM.IN THESE CIRCUMSTANCES THE COMPANY MAY ON ITS ELECTION CONDUCT ALL NEGOTIATIONS FOR THE SETTLEMENT OF THE SAID CLAIM AND ANY LITIGATION THAT MAY ARISE THEREFROM.THE CUSTOMER SHALL NOT UNLESS AND UNTIL THE COMPANY SHALL HAVE FAILED TO TAKE OVER THE CONDUCT OF SUCH NEGOTIATIONS OR LITIGATION MAKE ANY ADMISSION WHICH MIGHT BE PREJUDICIAL THERETO.THE CUSTOMER SHALL AT THE REQUEST OF THE COMPANY AFFORD ALL AVAILABLE ASSISTANCE FOR ANY SUCH PURPOSE.THE RESTRICTIONS CONTAINED HEREIN ARE ACCEPTED BY BOTH THE COMPANY AND THE CUSTOMER AS FAIR AND REASONABLE.IN THE EVENT THAT ANY RESTRICTION IS HELD TO BE UNENFORCEABLE IN PART,IT SHALL NOT AFFECT THE VALIDITY OF OTHER RESTRICTIONS WHICH SHALL BE TREATED AS SEPARATE PROVISION.

INDEMNITY

THE CUSTOMER SHALL INDEMNIFY THE COMPANY IN RESPECT OF ALL COSTS,CLAIMS,DAMAGES,LOSSES AND EXPENSES INCURRED BY THE COMPANY ARISING OUT OF THE ACT,OMISSION OR DEFAULT OF THE CUSTOMER (WHICH EXPRESSION FOR THE PURPOSE OF THIS CLAUSE SHALL INCLUDE ALL PERSONS NOMINATED BY THE CUSTOMER IN RESPECT OF SERVICES) DURING PERFORMANCE OF THE CONTRACT SAVE WHERE THE CUSTOMER IS IN ALL RESPECTS ACTING IN ACCORDANCE WITH EXPRESSED INSTRUCTIONS OF THE COMPANY DURING THE PERFORMANCE OF THE SERVICES.

WAIVER

NO TIME,INDULGENCE OR WAIVER OF ANY BREACH OF THESE CONDITIONS SHALL BE HELD TO BE A WAIVER OF ANY OTHER OR  ANY SUBSEQUENT BREACH.THE FAILURE BY THE COMPANY TO ENFORCE AT ANY TIME ANY PROVISION OF THESE CONDITIONS SHALL IN NO WAY BE CONSTRUCTED TO BE A WAIVER OF SUCH PROVISIONS NOR IN ANY AFFECT THE VALIDITY OF THESE CONDITIONS OR ANY PART THEREOF OR THE RIGHT OF THE COMPANY TO ENFORCE EACH AND EVERY PROVISION THEREOF.

HEALTH AND SAFETY

ANY LIABILITY FOR ENSURING COMPLIANCE WITH ANY REQUIREMENT STATUTORY OR OTHERWISE CONCERNING HEALTH,SAFETY OR WELFARE OR ANY OTHER MATTER WHICH MAY RELATE TO OR AFFECT THIS SPECIFICATION OF THE SERVICES REST EXCLUSIVELY ON THE CUSTOMER.

APPROVALS AND CONSENTS

UNLESS OTHERWISE AGREED IN WRITING BY THE COMPANY THE RESPONSIBILITY FOR OBTAINING ALL APPROVALS OR CONSENTS FOR THE SERVICES AS MAY BE REQUIRED BY STATUTE CONTRACT OR OTHERWISE SHALL BE THE RESPONSIBILITY OF THE CUSTOMER.

WHERE THE COMPANY AT THE CUSTOMERS REQUEST COMMENCES PERFORMANCE OF THE CONTRACT BEFORE ANY REQUIRED APPROVALS OR CONSENTS HAVE BEEN OBTAINED THE CUSTOMER WILL:

INDEMNIFY THE COMPANY AGAINST ANY LIABILITY,COSTS AND EXPENSES ARISING FROM SUCH PERFORMANCE,INCLUDING ANY DIRECT OR INDIRECT LOSSES.

IN THE EVENT OF SUCH PERMISSIONS OR CONSENT BEING REFUSED,INDEMNIFY THE COMPANY AGAINST ALL LOSSES,COSTS AND EXPENSES ARISING FROM SUCH REFUSAL.

SUB CONTRACTING

THE COMPANY RESERVES THE RIGHT TO SUB CONTRACT THE PERFORMANCE OF THE WHOLE OR PART OF THE CONTRACT.

RETENTION OF TITLE

NO PROPERTY SHALL PASS IN ANY MATERIALS UNLESS AND UNTIL THE CUSTOMER MAKES PAYMENT IN FULL AND DISCHARGES ALL INDEBTNESS TO THE COMPANY.

DURATION AND TERMINATION

THE AGREEMENT SHALL COME INTO FORCE ON THE DATE THE FORM OF ACCEPTANCE IS SIGNED BY THE CUSTOMER.

UPON THE TERMINATION OF THIS AGREEMENT FOR ANY REASON, SUBJECT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO ANY RIGHTS OR OBLIGATIONS WHICH HAVE ACCRUED PRIOR TO TERMINATION,NEITHER PARTY SHALL HAVE ANY FURTHER OBLIGATION TO THE OTHER UNDER THIS AGREEMENT.

IF THE CUSTOMER SHALL MAKE DEFAULT IN OR COMMIT A BREACH OF ANY OF ITS OBLIGATIONS TO THE COMPANY OR IF ANY JUDGEMENT SHALL BE ENTERED AGAINST THE CUSTOMER OR DISTRESS OR EXECUTION SHALL BE LEVIED UPON THE CUSTOMER HIS PROPERTY OR ASSETS OR IF THE CUSTOMER SHALL MAKE OR OFFER TO MAKE ANY ARRANGEMENT OR COMPOSITION WITH CREDITORS OR COMMIT ANY ACT OF BANKRUPTCY OR IF ANY PETITION OR RECEIVING ORDER SHALL BE PRESENTED OR MADE AGAINST HIM OR IF THE CUSTOMER SHALL BE A LIMITED COMPANY AND ANY RESOLUTION OR PETITION TO WIND UP SUCH COMPANY BUSINESS SHALL BE PASSED OR PRESENTED OTHERWISE THAN FOR RECONSTRUCTION OR AMALGAMATION OR IF A RECEIVER, ADMINISTRATIVE RECEIVER,ADMINISTRATOR OR MANAGER OF THE CUSTOMER'S UNDERTAKING PROPERTY OR ASSETS OR ANY PART THEREOF SHALL BE APPOINTED THE COMPANY SHALL HAVE THE RIGHT FORTHWITH TO DETERMINE ANY CONTRACT THEN SUBSISTING AND UPON WRITTEN NOTICE OF DETERMINATION BEING POSTED TO THE CUSTOMER AT THE CUSTOMER'S LAST KNOWN ADDRESS ANY SUBSISTING CONTRACT SHALL BE DEEMED TO HAVE BEEN DETERMINED WITHOUT PREJUDICE TO ANY CLAIM OR RIGHT TO THE COMPANY MIGHT OTHERWISE MAKE OR EXERCISE.

FORCE MAJEURE

THE COMPANY SHALL IN NO WAY BE LIABLE FOR ANY LOSS OR DAMAGE OCCASIONED DURING THE CONTRACT OR SERVICES ARISING FROM :-

ANY ACT OF GOD.

ANY CONSEQUENCE OF WAR,INVASION,ACT OF FOREIGN ENEMY,HOSTILITIES (WHETHER WAR BE DECLARED OR NOT) CIVIL WAR, REBELLION, INSURRECTION, MILITARY OPERATION OR CONFISCATION,REQUISITION, DESTRUCTION OF OR DAMAGE TO PROPERTY BY OR UNDER ANY ORDER OF ANY GOVERNMENT OR PUBLIC OR LOCAL AUTHORITY.

RIOTS,CIVIL COMMOTIONS, STRIKES WORK TO RULE, LOCK-OUTS, GENERAL PARTIAL STOPPAGE OR RESTRAINT OF LABOUR FROM WHATSOEVER CAUSE OR ANY OTHER FACTOR WHICH CONSTITUTES FORCE MAJEURE.

VARIATION

NO VARIATIONS OF THESE CONDITIONS WILL BE PERMITTED UNLESS THE SAME ARE AUTHORISED IN WRITING BY THE COMPANY.

PROPER LAW

THESE CONDITIONS AND ANY CONTRACT CONCLUDED SUBJECT THERETO SHALL BE CONSTRUED IN ALL RESPECTS IN ACCORDANCE WITH ENGLISH LAW AND SHALL BE DEEMED TO HAVE BEEN MADE IN ENGLAND.

 

RETURN TO HOME PAGE