Terms and Conditions info@fawkeselectrical.com 07502047667 Please read all these terms and conditions. An email, text message or oral acceptance of a provided quotation or estimate from Jack Trollope trading as, ‘Fawkes Electrical’, hereafter known as ‘the company’, is done so with the understanding that these terms and conditions have been read, accepted and understood. Equally, any works order given is a confirmation of acceptance of the following terms and conditions. An accepted quotation or estimate via any of the communications mentioned, will hereafter be referred to as ‘the order’. If the person accepting these terms and conditions, hereafter known as ‘the customer’ has any questions or queries regarding these terms and conditions, they should contact the company before a quotation or estimate is accepted. An acceptance of the terms and conditions, through an accepted quotation or estimate via any of the communications mentioned, makes these terms and conditions legally binding. Application 1.These terms and conditions will apply to the purchase of services and goods by the customer. (the customer OR you) 2.Jack Trollope, of 5 Pitchers, Salwayash, Bridport, Dorset, DT6 5QS with email address info@fawkeselectrical.com on telephone number 07502047667 (the supplier OR we OR us OR The contractor) 3.These are the terms in which we sell all goods and services to you. By ordering or any acceptance, you agree to be bound by these terms and conditions. Interpretation 4.Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession. 5.Contract means the legally binding agreement between you and us for the supply of goods and/or services. 6.Delivery location means the Supplier’s premises or other location where the services and/or goods are to be supplied, as set out in the order. 7.Goods means any goods that we supply to you with the services, or if we have obtained goods for you that a third-party service provider will use. 8.Services means the services, including any goods, of the number and description set out in the order. Services 9.The description of the services is set out in the quotation or estimate provided by the company. Any services listed on our website are subject to individual circumstance. Any goods supplied by us to you may have discrepancies to that described in the quotation or estimate. 10. In the case of services and goods tailored to your special requirements it is acknowledged by you that it is down to you to ensure that any information given to us is in writing and accurate. Any discrepancy to this information after the goods and/or services have been delivered are liable to incur additional costs. 11. All services are subject to availability. 12. Within reason we can make changes to services required to comply with any applicable law or safety requirements. To the best of our ability, we will notify you of any said changes. Customer Responsibilities 13. You must cooperate with us in all matters related to the services, provide us and our authorised employees and representatives with access to any premises relating to the agreement as required, provide us with all information required to perform the services and any necessary licenses, consents and any previous certifications as required. Failure to do so may result in additional costs not stated in the agreement. 14.Failure to comply with the above is a customer default which entitles us to suspend performance of their services until you remedy it, if you fail to remedy it following our request, we can terminate the contract with immediate effect with written notice to you. Any contract termination is subject to 100% of the cost of the agreement to be paid. 15. It is understood, unless otherwise stated in the agreement, that if any damage is caused by us, other than that which is not related to the goods and services being delivered, is to be made good by you. Basis of sale 16. The description of the services and any goods outlined in the agreement is accepted wholly of which that is to be delivered, any alterations, additions or changes to the services and goods in the agreement is subject to incur additional costs. 17. When an agreement has been made, we reserve the right to cancel the order at any time, we will try to inform you of this as soon as possible. 18.A contract has been made when we make you aware that we have received your acceptance of the agreement, or, if earlier, the supplier’s delivery of the goods and/or services to you. 19. Any quotation or the estimate of fees (as defined below) is valid for a period of 30 days from its date sent, unless we expressly withdraw it at an earlier time. Fees and payment 20. The fees (Fees) for the services, the price of any goods (if not included in the fees) and any additional delivery or any other additional charges is that set out in our quotation or estimation, any other prices are not to be considered. Prices for services will be calculated at a fixed fee or standard rate basis. Prices for goods are subject to an additional markup percentage by us. 21. Fees and charges are not subject to added VAT at the time these terms and conditions are valid. 22.Payment for goods and services are to be made within 7 days if the total cost on the agreement is less than £1500. Payment for goods and services are to be made within 14 days if the cost on the agreement is between £1500 and £3000. Payment for goods and services is to be made within 30 days if the cost on the agreement is over £3000. You must pay in cash or direct bank transfer. Delivery 23. We will deliver the services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement. a.In the case of services, within a reasonable time; and b.In the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the agreement is entered into. 24. If you fail, through no fault of own, to allow us to gain access to the delivery of services location, we are entitled to charge a reasonable cost. Risk and Title 25. Risk of damage to, or loss of, any goods will pass directly to you once the goods are in your possession. 26. You do not own the goods until we have received payment in full. If full payment is overdue or a step towards your bankruptcy, we can choose, by notice, to cancel any delivery of Goods or Services and any right to use the Goods still in your possession. We will give notice as to when we will re-acquire any goods still in your possession. If, on the date given in notice, you fail to surrender the goods still your possession we have the right to assume purchase of the goods in your possession and, charge accordingly. Withdrawal, Returns and Cancellation 27. You can withdraw the order of Goods and/or Services before the contract has been made, if you simply wish to change your mind and without giving us a reason, and without incurring any potential liability. 28. You can cancel the contract, except for any goods which have been procured for your special requirements, by telling us no later than 7 days after the contract was made. Warranties – Consequential loss or damage 29.The contractor shall not be liable for any damage caused by the works after completion of the works, which is due to normal operation of equipment or materials, save where the damage is caused by the negligence of the contractor. Without prejudice to the customer’s statutory rights, the contractor will pass to the customer the benefit of any guarantees the contractor has received in respect of materials supplied by the contractor and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the contractor, his servants or agents and is brought to his attention within 12 months of the completion of the work, provided nevertheless that: •The contractor accepts no responsibility for any drawing, design or specification not prepared by him. •The contractor’s responsibility to the customer is limited to the fulfilment of the contract in a proper and workmanlike manner and the contractor shall not be liable for any consequential loss or damage arising out of the execution of the contract, unless due to the negligence of the contractor, has servants or agents. •The contractor shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the customer or by the contractor, his servants, or agents at the customer’s request before it is handed over for beneficial use. •The repair or replacement of any faulty work or materials shall only be carried out by the contractor, his servants, or agents; otherwise, the contractor’s warranties as to repair or replacement shall not apply. •The contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fittings which must be moved by the contractor or his workmen to carry out the contract works. Without prejudice to this the contractor will maintain adequate public liability insurance cover for at least the duration of the contract. Disputes and Arbitration 30.Without prejudice to the legal rights of either party, any dispute between the contractor and the customer, arising out of or relevant to the contract, may be referred to arbitration and final decision of a person to be agreed between the parties or, failing agreement within seven days after either party has given a written request to the other to concur in the appointment of an arbitrator, a person to be appointed on the request of the contractor. Variation orders (VO) 31.If any additional works are requested by the customer or found to be a necessity for legal reasons by the contractor, the customer shall be informed of the need for additional works and a VO shall be submitted in writing to the contractor. All VO’s will be costed appropriately and added to the final invoice provided by the contractor. 32.If additional works are required for legal reasons, and no VO has been received by the contractor, all works will stop until the VO has been received. Testing and Certification 33.Only after all agreed works are completed, will the customer be issued all relevant electrical certification(s).