Terms and Conditions

DEFINITIONS

In these terms and conditions, the following words and expression shall have the stated meanings and the headings in these Terms & Conditions are for convenience only and do not affect their interpretation:

“Contract” means the contract coming into existence where CES accepts an Order placed by the Customer for the supply of Services on these terms and conditions which regulate all dealings between CES and the Customer

“We/Our/Us” means Cambridge Electrical Services Limited of 3A Meadow View Business Park, Reach Road, Cambridge CB25 0GH.

“CES Price” includes any or all of:

• A fixed price
• A day-work rate (at CES’s rate applicable from time to time)
• An hourly rate (at CES’s rate applicable from time to time) and for the avoidance of doubt, CES’s rates for Services supplied

outside Work Time are greater than where they are supplied during Work Time

• Any other arrangement as to price for the Services or Extras and for the avoidance of doubt, CES will invoice the Customer with

the CES Price on completion of the supply of the Services, or, where the Services are supplied over a period of time greater than one month, at regular intervals

“Contingency” means any event (including by way of example but not limitation defective or dangerous wiring or circuitry, the presence of Asbestos or other hazard) encountered by CES in connection with the supply of Services and which physically or legally prevents, inhibits, restricts or in any way alters or potentially alters CES’s ability to supply the Services

“You/Your” means the person, organization, firm or company for whom We agree to carry out Services on the terms and conditions of this Contract.

“Estimate” means Our estimate as to price for the supply of Services or Extras which is not binding on Us.  This is a provisional or approximate cost of calculation acknowledging that the final price many change due to uncertainties, potential problems or adjustments in the requested work installations.

“Quotation” means Our written statement of the Price for supplying the Services or Extras. The Price stated in the Quotation will be honoured if You place an Order for the Services or Extras within 30 days of the date of the Quotation (or within any other validity period stated in the Quotation), and time is of the essence for this purpose.

Any variations to the Quotation or additional work required must be detailed by You in writing as soon as reasonably practicable, to allow an updated Quotation or Estimate to be prepared and agreed upon by both You and Us.

“Extras” means such items of work, additional services or materials which You request from time to time during the Contract for supply of Services, and in respect of which We may supply an Estimate or Quotation for consideration for acceptance by You; for the avoidance of doubt (1) information given by Our operative on Site to You as to the possible or likely price of Extras is an indication only, and not binding, and a formal Estimate or Quotation must be obtained by You from Us, and (2) We are not obliged to supply an Estimate or Quotation for Extras, and where they do so and You then place an Order for the Extras, We are not obliged to accept such Order but may do so if We so wish.

“Emergency Work” means a contract between the You and Us prior to work being carried out.  This work will be chargeable to the client at £75.00 plus VAT (this may vary due to the time of day or may increase) for the first hour and our current hourly thereafter.

“Materials” means materials and/or goods or any part of them or component thereof and which may be supplied as part of the Service.

“Order” means a written order placed by You for Services to be supplied by Us.

“Services” means the Services and/or Materials described in the Estimate and/or Quotation and pursuant to an Order supplied by Us to You.

“Site” means the place or places where the Services and/or Extras are to be supplied or occur as the case may be

“Event Outside Our Control” – as defined in Clause 7.

“Work Time” means Monday to Thursday 08.00 hours to 17.00 hours and Friday 08.00 hours to 16.30 hours. Where Our operatives are required by the You to work outside Work Times We may levy additional charges.

1. In this Contract unless the context otherwise requires:

1.1 words importing any gender include every gender

1.1.2 words importing the singular number include the plural number and vice versa

1.1.3 words importing persons include firms, companies and corporations and vice versa

1.1.4 references to numbered clauses and schedules are references to the relevant clause in or schedule to this Contract

1.1.5 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done

1.1.6 the headings to the clauses, schedules and paragraphs of this Contract are not to affect the interpretation

1.1.7 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment, and

1.1.8 where the word “including” is used in this Contract, it shall be understood as meaning “including without limitation”

2 Our Contract with You

2.1 These are the terms and conditions on which We supply Materials, or Services, or both Materials and Services, to You.

2.2 Please ensure You read these terms carefully and check that the details on the Order and in these Terms are complete and accurate, before You sign the Order.  If You think there is a mistake, please contact Us to discuss.

2.3 When You sign and/or submit the Order to us, this does not mean We have accepted Your Order for Materials and/or Services.  Our acceptance of the Order will take place as described in clause 2.4.  If We are unable to supply You with the Materials and/or Services, We will inform You of this and We will not process the Order.

2.4 These Terms will become binding on You and Us when We confirm to You that We are able to provide You with the Services or the Materials, at which point a contract will come into existence between You and Us.

2.5 If any of these terms conflict with any term of the Order, the Order will take priority.

2.6 We shall assign an order number to the Order and inform You of it when We confirm the Order.  Please quote the Order number in all subsequent correspondence with Us relating to the Order.

3 Your Obligations

3.1         On Site, and to enable our operatives to supply the Services, You agree:

3.1.1 Ensure all working areas are clear and available to work in.  Any time needed to move furniture, garden equipment or foliage will be chargeable.

3.1.2 (Save where the contrary is expressly notified to us) to provide an existing electrical installation and system which is safe and in satisfactory condition.

3.1.3 Provide a safe working environment for Us and their operatives on Site; for the avoidance of doubt, where during the Contract a Contingency occurs or becomes apparent, We, are entitled to cease supplying the Services or Extras unless and until the Contingency has been resolved to Our satisfaction and at no cost to Us.

3.1.4 Provide adequate car/van parking facilities at no cost to Us. Parking fees will be charged if not available.

3.1.5 Provide an adequate supply of electricity.

3.1.6 Provide clear access to enable Us to supply the Services, and where the Customer fails or refuses to provide Us with Site access at any time during Working Time, We are entitled to charge You for a full day’s work.

3.1.7 Make all necessary arrangements with the proper people or authorities for any permits required in connection with the supply of the Services.

3.1.8 Provide adequate hand washing and toilet facilities for Our operatives.

3.1.9 In order to protect it, to cover, remove or secure all equipment or machinery or furniture which might be affected on the supply of the Services.

3.1.10 Permit Us to display sign boards on Site identifying Us as the supplier of the Services for the period of this Contract and for the further period of one month thereafter.

3.1.11 On completion of the Services to make good the walls, floors, ceilings, and anything else arising by reason of the supply of the Services.

3.1.12 To remove and responsibly dispose of all debris, other waste (including by way of example only heavy items and toxic materials), old fittings and wiring resulting from supply of the Services or Extras. Further, where We agree to any request of You to remove such items and to dispose of the same in accordance with any relevant regulations You agree to be responsible for all applicable charges arising.

3.1.13 Inspect the Services as far as it is reasonably possible to do so immediately upon completion and if You consider that the Services or any part thereof have not been supplied in accordance with this Contract, You shall within seven days from the date of inspection give detailed written notice to Us. Where no such written notice is received by Us, the Services are conclusively presumed to be correct and complete in accordance with this Contract, and, subject to clause 9 .1, You agree that any call out thereafter made by You to Us is payable by the You.

4 Changes to Order or Terms

4.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how We accept payment from you;

(b) changes in relevant laws and regulatory requirements

4.2 If we have to revise these Terms under clause 5.1, We will give you at least one week’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 7.1(c).

4.3 You may make a change to the Order for Materials and/or Services at any time before We despatch the Materials or start date for the Services by contacting Us.   Where this means a change in the total price of the Materials and/or Services, We will notify You of the amended price in writing.  You can choose to cancel the Order in accordance with Clause 7 in these circumstances.

4.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 7.

5 Price and Payment

5.1 The Price of the Materials and/or the Services will be set out in the Order.  Our prices may change at any time, but price changes will not affect Orders that We have confirmed with You unless You have failed to comply with Your obligations under clause 3.

5.2 These prices exclude VAT and will be applied to our prices.

5.3 Where We are providing Materials to You, You may be required to make a deposit in advance.  We will inform You of the applicable deposit as soon as is reasonably practicable (a sum of money either fixed or up to 50% of the value of Our price).

5.4 Where We are providing Services to You, You may be required to make an advance payment for the price of our Services.  Your rights to a refund on cancellation are set out in clause 6.  We will invoice You monthly in arrears for the Services until they are completed.  Each invoice will quote the Order number.  You must pay each invoice in cleared monies within 30 calendar days at the date of invoice.

5.5 Risk in the Materials passes to the Customer on delivery, and title to and ownership of Materials remains with Us until any and all sums due to Us have been paid in full.

5.6 If you do not make payment to us by the due date, we may charge interest on the overdue amount. Where payment is not received within our standard 30-day payment terms, or within the period specified in our accepted quotation or on the invoice—whichever is sooner—we shall be entitled to charge interest on the overdue sum. Interest will be charged at a rate of up to 8% per annum above the Bank of England base rate, calculated as simple interest on a daily basis, from the due date until payment is received in full (or until judgment, if earlier).

5.7 To pay in full any price increase for parts or Materials which our Suppliers or manufacturers have imposed on Us after the date of the Contract.

6   Our Liability to You

6.1 The repair or making good by correction, repair or replacement any error in defect or damage to any part of the Works or any other failure of the Works to comply with the Contract.

6.2 Death or personal injury caused by negligence, or the negligence of employees, agents or subcontractors.

1. 1. The reasonable costs of repair or reinstatement of any loss or damage to Your property if such loss or damage results from Our negligence or that of operatives and where such loss or damage is sustained by the Customer.
   2. The Customer shall indemnify Us against all claims of whatsoever nature made by third parties arising out of the presence of Us or its operatives on the Your property save where such claim results directly from negligence on the Contractor’s part. You are liable to Us for all loss or damage whether direct, indirect, or consequential which is suffered by Us as a result of failure or delay by You in performing Your obligations in this Contract.
   3. Dates specified for the commencement and completion of the Services are estimates only. We agree to use their reasonable endeavours to attend Site on the date(s) and time(s) agreed. However, We accept no liability in respect of non-attendance or late attendance on Site or for the late or non-delivery of Materials.
   4. We will use our reasonable endeavors to supply the Services on the agreed dates but are under no liability to You if it is either impossible or impracticable to adhere to agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God, or any other event or occurrence beyond our control.
   5. You acknowledge that We have not made any representations (other than any expressly stated in an Estimate, or a Quotation) which have induced it to enter into the Contract, and the Contract constitutes the entire understanding between Us and You for the supply of the Services.
   6. Nothing in this Contract excludes liability for fraud.

7 Events outside our Control

7.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of Our obligations under these Terms that is caused by an Event Outside Our Control.

7.2 An Event Outside Our Control beyond means any act or event beyond Our reasonable control that is not caused by Us or You.  Such causes include but are not limited to power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood storms, earthquakes, subsidence, acts of terrorism (threated or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms.
(a) We will contact You as soon is reasonably possible.

(b) Our obligations under these Terms will be suspended and any time limits that we are bound by will be extended accordingly.

(c) We will inform you when the Event Outside Our Control is over and provide details of any new dates, times or availability of electrical services as necessary.

7.4 You may cancel the contract if an Event Outside Our Control takes place and You no longer want Us to provide the Materials and/or Services.  Please see Your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than 6 Weeks in accordance with Our cancellation rights in clause 8.

8 Your rights to cancel and applicable refund

8.1 Before We begin to provide the Services or the Materials are delivered, You have the right to cancel an Order for Materials and/or Services including where You choose to cancel when We are affected by an Event Outside of Our Control or We change these Terms under clause 4 to Your material disadvantage.

1. You may cancel any order for Materials and/or Services at any time before We despatch the Materials or the start date for the Services by contacting Us.
2. If You cancel an order under clause 8.1(a) and You have made any payment in advance for Services that have not been provided to You, or Materials that have not been delivered to You, We, will refund these amounts to You.
3. However, if You cancel an Order for Services under clause 8.1(a) and We have already started work on Your Order by that time, You will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to You or, if no refund is due to You, invoiced to You, We will tell You what these costs are when You contact Us. However, where You have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event outside our control), You do not have to make any payment to Us.
4. Unfortunately, if You are a business and the Materials have been despatched, You will not be able to cancel an Order for Materials.  If, however, You are a consumer and the Materials have already been delivered to You, You have a period of 14 working days in which You may cancel an Order, starting from the day after the day You receive the Materials.  Working days mean that Saturdays, Sundays, or public holidays and are not included in this period if You return the Materials to Us.  We will have the right to charge You the cost of collection or You will have to pay the cost of returning the Materials back to Us.  This will not affect Your refund for the Materials but any charge for collection will be deducted from the refund that is due to You.
5. We may charge handling costs for returns to a manufacturer or if a one off item the item may not be able to be returned.

8.2 Once We have begun to provide the Services to You, You may cancel the contract for Services with immediate effect by giving Us written notice if:

• We break this contract in any material way and We do not correct or fix the situation within 21 days of You asking Us to in writing or what is deemed to be a reasonable time.
• We go into liquidation or a receiver or an administrator is appointed over Our assets.
• We change these Terms under clause 4.1 to Your material disadvantage.
• We are affected by an Event Outside of Our Control.

9 Our rights to cancel and applicable refund

9.1 If We must cancel an Order for Materials and/or Services before the Services start or the Materials are delivered.

1. We may have to cancel an Order before the start date for the Services or before the Materials are delivered, due to an Event Outside Our Control or the unavailability of stock.  We will promptly contact You if this happens.
2. If We have to cancel an Order under Clause 9.1(a) and You have made any payment in advanced for Services that have not been provided to You, or Materials that have not been delivered to You, We will refund these amounts to You.
3. Where We have already started work on Your Order for Services by the time We have to cancel under clause 9.1(a), We will not

charge You anything and You will not have to make any payment to Us.

9.2 Once We have begun to provide the Services to You, We may cancel the contract for the Services any time by providing You with at least 3 calendar days’ notice in writing.  If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.

9.3 We may cancel the Contract for Services at any time with immediate effect by giving You written notice if:
(a) You do not pay Us when You are supposed to as set out in clause 5.4. This does not affect our right to charge You interest under clause 5.6.
(b) You break the contract in any other material way, and You do not correct or fix the situation within 3 days of Us asking You to in writing.

(c) You go into liquidation (except for the purpose of solvent reconstruction), or if a receiver is appointed of your undertaking, property or assets, or if distress is levied upon any of Your property or if You become or are made bankrupt.

10   General

10.1 Provided that (1) details of the defect are notified by the Customer to us in writing within the period of 12 months from completion of the Services, and (2) We have the opportunity to inspect the Services and the alleged defect(s), and (3) that the Customer has paid all monies due to Us in accordance with the provisions of this Contract, and (4) that the installation/Services have not been interfered with, tampered with, or altered by or in consequence of actions of the Customer or third parties, then We warrant the labour element of the Services to be free of defects for the period of 12 months from invoice date, and manufacturers’ warranties may be available in respect of Materials.

10.2 We reserve the right to refuse to fit sub-standard, non-compliant accessories or equipment supplied by the client.  Quotes and Estimates tendered by Us are based on the fitting of standard electrical accessories.  Accessories that require excessive preparation, modification or nonstandard fitment may incur extra cost to You.  Any call outs or additional work needed after completion due to faulty materials (supplied by You) will be charged directly to You.

10.3 All drawings, dimensions, descriptions, and illustrations contained in any literature, Estimates or Quotations are approximate only and, save where attached to an Estimate or Quotation, do not form part of this Contract. In addition, drawings and technical documents issued either before or after the conclusion of this Contract for the use or information of the You and any other information supplied to You including specifications must not be copied, reproduced, or communicated to any third party without the prior written consent of Us.

10.4 The Services and any Extras (as the case may be) satisfactorily and in accordance with the current edition of BS7671, the IEE wiring regulations, NICEIC requirements, Health and Safety requirements and Building Regulations and any amendments in force from time to time; and certificates and notifications issued by Us relate only to the Services.

10.5 On being satisfied that the installation is safe and complies with current regulations, and if required by the Customer, We, will register the works with the relevant local Building Control, and subject to the Customer paying all monies due to Us under the Agreement, will issue the Customer with the relevant NICEIC certification, as required under the governments Part “P” (or any similar replacing the same) legislation.

10.6 To use reasonable endeavors to clear up after supply of the Services.

10.7 No failure or delay by Us in exercising any right, power or privilege under this Contract shall impair the same or operate as a waiver of the same.

11 Other important terms

11.1 We reserve the right to sub-contract the Services or any part thereof.  We will always notify You in writing if this happens, but this will not affect Your rights or our Obligations under these Terms.

11.2 This Contract is between You and Us.  No other person shall have any right to enforce any of its terms.

11.3 The benefit of this Contract may be assigned either in whole or in part by Us without the prior written consent of You. You are not entitled to assign or transfer or purport to assign or transfer this Contract or the benefit thereof to any other person.

11.4 This Contract does not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between Us and You other than the contractual relationship expressly provided for in this Contract.

11.5 The validity, construction and performance of this Contract is governed by English law and is subject to the exclusive jurisdiction of the English courts to which We and You submit.

1. 1. For the purposes of the Contracts (Rights of Third Parties) Act 1999, and notwithstanding any other provision of this Contract, this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.