General Terms And Conditions Of Business
Important – You Should Read This Carefully
The following terms, and conditions applying to all contracts made with CS ELECTRICAL (SHEFFIELD) LIMITED (hereafter called the company).
1) Basis of quotations
a) All quotations are an indication of costs to you under the company’s terms and conditions of trading at the date of the quotation and constitutes an offer for acceptance.
b) All prices quoted are subject to withdrawal without previous notification except where the company stipulates that the price remains fixed for a specific period.
c) All orders received for work to be undertaken by the company are deemed to be an offer and not binding until accepted by the company in writing.
d) The price indicated in the quotation does not include the costs of works by other trades unless stated or the cost of an electrical supply for our power tools, and you will reimburse the company any such cost which will be added to the price and payable on completion of the work.
e) The price is calculated on the assumption that the work is carried out in regular day time working hours Monday to Friday excluding any bank holidays in the United Kingdom. Increases in wage etc caused by being required to work outside regular working hours shall entitle the company to make an increment to the price of such amount as it considers appropriate.
2) Progress of Work and Completion
a) The agreed completion date is subject to alteration in the event of delays occurring due to circumstances beyond our control.
b) The company shall agree with you a programme of works and an allotted time to carry out the works and sequenced in line with other trades.
c) Sites will only be visited upon reasonable notice in writing where works can be programmed and materials purchased.
3) Variation of Work
a) Any variations of work will only be undertaken upon receipt of notice in writing to the company, and this will be accepted as an addition to your order, and added to the price, and payable on completion.
b) Any alteration or variation in the work will only be accepted by the company if there is also agreement to any necessary extension of the completion date.
4) Ownership of Materials
Materials provided by the company or located on any site shall remain the property until such time as you have paid in full the price.
5) The Work
The company and its employees shall have control of the working area at site and no others shall impede the progress of work without justification and if unjustified such impediment will result in extra cost, and shall be added to the price.
6) Terms of Payment
a) Any work carried out by the company will be subject to monthly interim payments by you.
b) The amount due by you shall be equal to the total amount of works completed at the end of each month.
c) All payments are due by you 28 days after the month end date on the invoice submitted by the company.
d) If you fail to make the payment to the company in accordance with these terms and conditions we reserve the right to suspend further execution of work without prior notification until payment is made.
e) In the event of any account remaining unpaid for more than 10 days from the date on which settlement becomes due, then the company reserves the right to charge interest on the balance outstanding at the rate of 4% above the Abbey base rate, prevailing at the date on which settlement becomes due. In addition, if an account needs to be pursued after the 10 day period, the customer will be responsible for all costs, disbursements and expenses, howsoever incurred, incurred by the company on a full indemnity basis.
f) Cheques which are dishonoured will incur a £25 penalty charge payable by the customer.
7) Site Visits
With every quotation, a number of site visits will be included and our meaning of a site visit is an uninterrupted period of working at site.
8) Fixed or Fluctuating Price
a) A fixed price means that time and material quantities have been costed taking into consideration any further increases likely and remain fixed until the date on the quotation.
b) A fluctuating price means that the price quoted considers costs of even date and any increases in costs will be added to the price and payable on completion of works.
9) Limitation of Liability
9.1) The following provisions set out the company’s entire liability (including any liability for the acts or omissions of its employee’s agents or sub-contractors) to you in respect of:-
i. Any breach of its contractual obligations arising under any contract, and
ii. Any representation statement or tortuous act or omission including negligence arising under or in connection with any contract. Any such act or omission shall be known as an “Event of Default”.
9.2) The companies liability to you for death or injury resulting from its own or that of its employee’s agents’ or sub-contractors’ negligence shall not be limited.
9.3) The company shall accept liability to you in respect of damage to your tangible property resulting from an Event of Default such liability shall be limited to damages of an amount equal to £10,000.00. This limitation can be waived upon payment to the company of a further sum prior to the contract being made. Such sum varies with the price of the contract. Please contact the Director of the company for details.
9.4) Subject to the clause 9.2 above, the company shall not be liable to you in respect of any Event of Default for loss of profits, goodwill or any type of special indirect or consequential loss including loss or damage suffered by you as a result of an action brought by a third party (even if such loss was reasonable foreseeable or the company had been advised of the possibility of you incurring such loss).
9.5) The company will be allowed not less than sixty days in which to remedy any Event of Default hereunder.
9.6) Except in the case of an Event of Default arising under clause 9.2 above, the company shall have no liability to you in respect of any Event of Default unless you have served notice or the same upon the company within three months of the date you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware.
9.7) Nothing in clause 9 will confer any right or remedy upon you to which you would not otherwise have been entitled.
10) Limitation of Works
a) Unless stated access equipment for works at or above 3 metres is not included, if this proves necessary either the customer is to free issue or we will hire the equipment and pass on the charges at cost.
b) Builders works are not included in our quotation and are to be provided to the company by you free of charge this includes, Access holes, Wooden pattresses for light fittings and inside internal walls for fixing, Holes and Diamond drilled holes, Trenches , Chasing out of walls, Erection of lighting columns, Sealing works etc.
c) Removal/disposal of redundant equipment/materials from site is not included unless specifically agreed in writing.
d) It is your responsibility to warn us in writing of any specific risk that is hazardous to the safe working of our operatives on site and take any action that may be needed to ensure the safety of our operatives at all times on site.
e) Suitable Welfare facilities and Toilet facilities are to be provided by you for our operatives free of charge throughout the duration of the contract.