Avon Electrical Contractors
Terms of Trade
Definitions and interpretation
In these terms and conditions unless the context otherwise requires the following expressions have the following meanings:
‘you’ ‘your’ ‘yours’ ‘yourself’ – means the customer to whom we have agree to provide the Services;
‘we’ ’our’ ’ourselves’ ‘us’ – means AVON Electrical ltd,9 Farrington Court, Farrington Road Industrial Estate, Burnley, Lancashire BB11 5SS
‘the Services’ – means the electrical work and other related services detailed in our estimate or quotation to you;
‘this Agreement’ – means this agreement with you for the provision of the Services ‘these Terms’ – means these terms and conditions to which this Agreement for the supply of the Services is strictly subject.
All other words and expressions are to be given their normal English meaning taken in the context of the Agreement and these Terms. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.
Any reference to a clause shall mean a clause of these Terms unless otherwise stated. In these Terms unless the context clearly indicates another intention: reference to one gender includes all other genders, reference to the singular includes the plural and vice versa, reference to writing includes fax, e-mail and similar means of communication
The use of headings in these Terms is for convenience only and shall not affect the interpretation of these Terms
Estimates and quotations
Any estimate or quotation that we give you for the provision of the Services is that current at the time and will remain open for acceptance for a period of 30 days from its date. Your acceptance can be verbal or in writing. If you wish to accept after the expiry of that period, it may be subject to an additional charge for any price changes that have occurred since the estimate or quotation was given. If following acceptance you terminate this Agreement (for whatever reason) you will be liable to pay us for all work done up to the date of termination and for all goods and materials already purchased or ordered for you. In addition, if you terminate this Agreement within 48 hours of our commencing the provision of the Services we will be entitled to charge you a cancelation fee of 25% of the quoted/estimated labour charge, to compensate us for the loss of business arising from cancellation on such short notice.
provide the Services with reasonable care and skill and to a reasonable standard in accordance with the recognised standards and codes of practice applicable at the time of carrying out the Services; carry out the Services within a reasonable time of receiving your acceptance of our estimate/quotation; and ensure that you have free and unencumbered title to any goods and materials supplied to you as part of the Services and that they will be of satisfactory quality and reasonably fit for their purpose.
co-operate fully with us and provide us with all information reasonably required by us provide us with full and safe access to your property for the purposes of providing the Services; make available to us all facilities and services reasonably required by us to perform the Services; and obtain all necessary permissions, licenses and consents that may be required to enable us
to perform the Services, the cost of which shall be your sole responsibility
Price and payment
All prices given in our estimate/quotation are exclusive of VAT and VAT will be added to the price where applicable. The cost of any goods and materials to be supplied by us or which are required to carry out the Services (plus carriage charges where appropriate) will be extra and are not included in the labour charge we have estimated/quoted. Payment for the Services must
be made by, cheque (with banker’s guarantee card) or cash, or made by BACS transfer. We will invoice you upon the completion of the Services by us. Payment must be made by you within 7 days of the date of our invoice.
You agree that payment for the Services is non-refundable and goods and materials fitted or supplied by us will only be replaced if found faulty and/or covered by the manufacturer’s guarantee.
If payment is not received on the due date we shall be entitled to charge you interest (both before and after any judgment) on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of 8% per annum.
To prevent legal action from being taken by an external solicitors, on our behalf, it is essential that you settle any outstanding monies owed without delay, any costs incurred to us, from a debt management company will remain the responsibility of yourself. You agree to pay for the Services irrespective of any dispute or claim you may have with or against any third party (e.g. a manufacturer or other contractor not employed by us). Please note that we will remain the owners of all goods or materials fitted or supplied to you until you have paid full invoice for any part & labour. You agree that we (at our discretion) can retrieve and resell them if you do not pay for them.
Guarantees, warranties & returns
The guarantee or warranty (if any) for any goods and materials supplied will be that provided by the manufacturer, which will usually be for a minimum of 12 months. Please note that the fulfilling of any validation procedures relating to that warranty are your responsibility.
The guarantee or warranty will only cover the product itself and not any associated costs, for example the cost of: collecting the product from you; dismantling and re-installation; carriage costs in returning the manufacturer; etc. We guarantee our workmanship for a period of 1 year from the completion of the Services.
Limitation of Liability
We will only be responsible for any loss, damage or injury caused by our negligent act or omission or wilful misconduct.
Except in respect of injury or death of any person (for which no limit applies) our maximum aggregate liability to you shall not exceed our labour charge for the supply of the Services to you.
Under no circumstances shall we be liable to you for loss of profits or other indirect or consequential loss arising from negligence or breach of contract. We will not be liable for thefitness for a particular purpose (other than their normal purpose) of any goods and materials supplied and fitted by us unless that particular purpose has been notified by you to us prior to the commencement of the provision of the Services and we have agreed their suitability for that particular purpose. For the avoidance of doubt nothing in these Terms shall affect your statutory rights as a consumer.
We may terminate this Agreement if you commit a material breach of your obligations under this Agreement and/or these Terms and (where such breach is remediable) you fail to remedy that breach after being requested by us to do so. This is not an action that we will take lightly, but we will be entitled to terminate this Agreement if you frustrate us from carrying out the Services or it becomes unsafe for us to continue to provide the Services. Upon such termination you will be liable to pay us for all goods and materials supplied and on a quantum meruit basis for the Services provided by us up to the date of termination.
We shall not be liable for any delay in performing the Services under this Agreement if such delay is caused by circumstances beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of time for the performance of the Services. Sometimes we will be unable to do what we have agreed due to something beyond our reasonable control. If this happens we do not accept any responsibility for what has occurred.
We reserve the right to modify these terms and conditions. Any such modifications will only apply upon notification of those changes to you.
Neither our failure to exercise any power given to us under these terms and conditions or to insist upon strict compliance by you with any obligation under them, shall constitute any waiver of any of our rights under them. Waiver by us of any particular default by you must be in writing and shall not affect or impair our rights in respect of any subsequent default of any kind by you, nor shall any delay by or omission by us to exercise any rights arising from any of your defaults affect or impair our rights in respect of the said default or any default of any kind.
This Agreement supersedes all prior agreements arrangements and understandings between you and us and constitutes the entire agreement between us. No variation of any provision of this Agreement shall be binding upon you or us unless agreed in writing between us.
Save as expressly provided in this Agreement neither you nor we shall assign or otherwise transfer this Agreement or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other (such consent not to be unreasonably withheld or delayed); We may enter into any sub-contract with any person for the provision of the Services and the performance of any part of our obligations under this Agreement. We shall not be relieved from any of our obligations to you under the Agreement by entering into any sub-contract for the provision of the Services or the performance of any part of this Agreement.
All notices which are required to be given hereunder shall be in writing and shall be sent to you at the address at which the Services are provided or to us at the address given above or such other address in England as we may each designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first class pre-paid letter or facsimile transmission or email and shall be deemed to have been served if by hand when delivered, if by first class post 48 hours after posting and if by facsimile or email transmission on the day of dispatch.
Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall (subject to deletion of the offending part) remain in full force and effect.
This Agreement shall be governed by and shall be construed in accordance with the laws of England and Wales