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Terms and Conditions of Business
CJ Timms Electrical Services Limited
In these Terms & Conditions the following expressions shall have the following meanings:
- ‘We’ or ‘Us’ refers to C J Timms Electrical Services Ltd of 22 Hobson Drive, Ilkeston, Derby, DE7 4LL;
- ‘You’ refers to any company, firm or other body who purchases Services, goods or materials from us;
- ‘Order’ refers to the acceptance by you of an estimate or quotation provided by us;
- ‘Services’ refers to the work, goods and materials supplied pursuant to the Order;
- ‘Terms and Conditions’ means the terms and conditions of supply of Services set out herein or any subsequent terms and conditions agreed in writing by us;
- ‘Contract’ means the agreement between us and you for the supply of Services and/or goods and materials to which these Terms and Conditions apply;
- ‘Intellectual Property Rights’ means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectrual Property Right recognised in any part of the world whether or not existing or applied for;
- We shall supply services upon and subject to these Terms and Conditions and shall be deemed to be incorporated into all contracts between us and you to the exclusion of any other terms and conditions of the Customer and any variation to these Terms and Conditions must be agreed in writing by us;
- Nothing in these terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which we may be entitled in relation to the Contract, by virtue of any statute, law or regulation.
3. ESTIMATES AND QUOTATIONS
- All estimates and quotations are subject to these Terms and Conditions and where the same has already been provided a copy is annexed hereto.
- All estimates and quotations shall remain valid for acceptance for a period of 30 days only.
- The Contract for the supply of services between us and you shall be made when you place an order with us and you shall be deemed to be accepting the estimate or quotation.
4. PRICE AND PAYMENT
- The price of the Services is set out in the estimate or quotation and is subject to VAT at the prevailing rate.
- The terms of payment are set out in the estimate or quotation.
- Payment for Services is due upon completion unless otherwise agreed in writing by us.
- We, at our discretion, require you to pay interest on all late payments at a rate of 10% per annum above the base lending rate of the Bank of England.
- The price for Services may be varied by us in the event of:
- You requiring additional services which were not included in the original estimate or quotation;
- The requirement for us to undertake additional work which was not within our reasonable contemplation and yours at the time of the estimate or quotation;
5. SERVICE PRICES AND PAYMENT
- The Services to be provided by us are more particularly set out in the estimate or quotation.
- In the event of any variation to the Services these must be agreed by us.
- We will provide the services between the hours of 8am and 5pm on Mondays to Fridays inclusive, excepting Bank Holidays. We may at our sole discretion provide services to you at other times, which may at our sole discretion incur additional cost.
- We shall provide to you an estimated date for delivery of services which we shall use our best endeavours to meet. However time for delivery of Services shall not be of the essence of this contract and we shall not be liable for any loss, costs, damages or charges or other expenses caused directly or indirectly by any delay howsoever caused.
6. COMPANY OBLIGATIONS TO THE CUSTOMER
- We will supply the Services which are set out in the estimate or quotation.
- We shall deliver the services using all reasonable skill and care and to a standard which accords with industry recognised codes of practice.
- We shall have in effect at all times Public Liability and Employer Insurance.
- We shall at all times be registered with and be acknowledged by the appropriate body for the purposes of self-certification, or where otherwise required will notify Building Control in accordance with current relevant building regulations.
- We have in place a Health & Safety policy and shall comply with all current relevant Health & Safety Regulations.
- We will upon completion of the Services leave the site clean and tidy.
- In the event that we intend to engage the services of a contractor we shall notify you in writing of our intentions not less than seven days prior to commencement of the work.
7. THE OBLIGATIONS OF THE CUSTOMER
- You will ensure that we have unrestricted access at all times to the site during the period that the services are to be supplied.
- Save where otherwise agreed in writing by us, you will be responsible for obtaining all necessary approvals, consents and permissions to allow the services to be undertaken prior to the works commencing and you shall meet all costs and expenses thereof.
- You will provide power, water and other facilities reasonably required by us on site to enable the Services to be provided.
- You will take all reasonable precautions to protect our employees, agents and representatives and our equipment on site, and you will comply with all current Health & Safety
- Regulations that apply to your premises or any other place where we are required to provide the Services.
- In the event that you fail to comply with your obligations to us herein you shall be liable for any additional expenses incurred by us in consequence of such breach.
- An order can only be cancelled by you by way of written notice being given to us within seven days of the date of the order.
- In the event of you cancelling the order in accordance with clause 8.1 above, you shall pay to us the costs of the services performed by us to the date of cancellation (for the avoidance of doubt including any goods or materials purchased by us in respect of the order).
9. INSPECTION OF PRODUCTS AND SERVICES
- It is your responsibility to inspect the Services on delivery and in the event of any defects or damage to notify us of such matters within 7 days of delivery.
10. DEFECTIVE PRODUCTS AND SERVICES
- We will guarantee workmanship for a period of one year from the date of completion of the Services provided. Materials will be guaranteed in accordance with the manufacturer’s warranty.
- Clause 10.1 does not apply in the following circumstances:
- where a fault occurs as a result of any subsequent electronic or mechanical failure or other damage which is not due to a defect in the Services or materials after the date that the risk has passed to you;
- where a fault arises as a result of improper maintenance or failure to maintain, negligence, misuse, unauthorised repair or alteration undertaken by a third party or by you.
- Where Services are defective in accordance with these Terms and Conditions then we shall, at our discretion undertake a repair, or replace the Services or refund you in part or in whole pro rata in accordance with the defect in Services.
- In the event that you have not paid for the Services by the date the defect is notified to us, then we will be under no obligation to remedy the defect.
11. TITLE AND RISK
- Risk in the materials used to provide the Services shall pass from us to you when the materials are delivered to your premises.
- Title to materials supplied by us remain with us until you have paid in full.
- The Contract shall continue until the Services agreed to be provided by us have been completed or such other dates as the parties may mutually agree in writing or otherwise as provided for within these Terms and Conditions.
- We may terminate the Contract if you have failed to make a payment within 30 days of the date the sum was requested by us.
- Either party may terminate the Contract by notice given in writing to the other if:
- the other party commits a material breach of these Terms and Conditions and, that breach being capable of remedy, has failed to remedy it within a reasonable period of time following notice having been given to the other party in writing; or
- the other party commits a material breach of these Terms and Conditions which is not capable of remedy in any circumstances; or
- the other party passes a resolution for winding up, or ceases to carry on its business or is declared insolvent or enters into arrangements or composition with creditors or a liquidator or receiver, administrative receiver, manager or a Trustee is appointed.
- Upon termination you must pay to us all monies due for services provided.
- We warrant that the goods and materials supplied upon delivery will correspond to those specified in the estimate or quotation and are fit for purpose.
- We warrant that the Services will be undertaken by us using all reasonable skill and care.
14. LIMITATION OF LIABILITY
- Time shall not be the essence of the Contract and we shall not be liable to you in respect of any failure on our part to complete the Services by any agreed date of completion.
- We shall not be liable to you or any third party in respect of indirect or consequential loss, including without limitation loss of profit, consequential or other economic loss incurred by you howsoever caused, whether by any act of negligence, breach of contract or otherwise.
- Whilst nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury, we shall not be liable for any direct loss or damage suffered by you howsoever caused, whether as a result of any act of negligence or breach of contract, in a sum exceeding the Contract price.
- Should a dispute arise in respect of this Contract the same will be referred to and decided by NICEIC pursuant to its prevailing complaints procedure.
16. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain our property and cannot be used by you without written permission.
17. FORCE MAJEURE
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right any time subsequently to enforce all Terms and Conditions.
- Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the estimate or quotation. Service by email is deemed to be received on the day it was sent, if sent by fax it shall be deemed to be served on receipt of an error free transmission report, or if served by letter it shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post it shall be deemed to have been delivered in the ordinary course of post.
20. THIRD PARTY RIGHTS
- Nothing in these Terms and Conditions intend to or confer any rights on a third party.
21. ENTIRE AGREEMENT
- These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22. GOVERNING LAW
- These Terms and Conditions shall be goverened by or construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.