All quotes prepared by
George Electrical London Limited
are subject to the terms and conditions within this document and will be in effect upon acceptance of the quotation.
Accepting a quote can be done online and in writing, including by email
TERMS AND CONDITIONS OF BUSINESS
George Electrical London Limited
The following expressions shall have the following meanings:
1.1 “Supplier” means George Electrical London Limited (GEL)
1.2 “Customer” means any person who purchases services from the supplier
1.3 “Proposal” means a statement of work, quotation or other similar document describing the services
1.4 “Services” means the services as described in the proposal and includes any materials required to complete the work
1.5 “Products” means items/goods used during the installation/service which were manufactured by third parties.
1.6 “Terms and Conditions” means the terms and conditions of the supply of services set out in this document and any subsequent terms and conditions issued in writing by the supplier
1.7 “Order” means the formal acceptance by the customer of the proposal
1.8 “Agreement” means the contract between the supplier and the customer for the provision of the services incorporating these Terms and Conditions
1.9 “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 Intellectual Property Right recognized in any part of the world whether or not presently existing or applied for
1.10 “Adjudicator” is the party nominated to resolve a dispute between the customer and the supplier.
2.1 These Terms and Conditions shall apply to the agreement for the supply of services by the supplier to the customer and shall supersede any other documentation or communication between the supplier and the customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the supplier
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the supplier may be entitled in relation to the services, by any statute, law or regulation.
2.4 George Electrical London limited may, at any time, alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by GEL to the Customer.
3.1 The proposal for services is attached to these Terms and Conditions.
3.2 The Proposal for services shall remain valid for a period of 30 Days
3.3 The Proposal must be accepted by the customer in its entirety.
3.4 The Customer shall be deemed to have accepted the proposal by placing an order with the supplier.
3.5 The Agreement between the supplier and the customer, incorporating these Terms and Conditions, shall only come into force when the customer confirms an order in writing to the supplier. Prior to any confirmation the supplier reserves the right to refuse any order.
4 SERVICES AND DELIVERY
4.1 The services are as described in the proposal.
4.2 Any variation to the services must be agreed between the customer and the supplier and must be confirmed in writing by way of a variation to the original proposal.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the supplier are for the sole purpose of giving an approximate idea of the products and/or services and will not form part of any agreement unless otherwise agreed in writing by the supplier.
4.4 The services will be delivered between the hours of 08.00 and 16.30 Monday to Friday. The supplier may vary these times by making these known in writing stating the details of the change to the customer.
4.5 Dates given for the delivery of services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the agreement and the supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
5 PRICE AND PAYMENT
5.1 The price for services is as specified in the proposal and any variations and is inclusive of VAT and any other charges as outlined in the proposal.
5.2 The price for any materials required to complete the services is as specified in the proposal and is based on the prices of goods and products at the time of preparing the original proposal.
5.3 The terms for payment are as specified in the proposal.
5.4 The customer must settle all payments for services within 7 days from the invoice date unless otherwise agreed in writing
5.4.1 A payment settlement period of 30 days may be granted provided this has been agreed to by the supplier in writing before the customer accepts these terms and conditions
5.4.2 any delay in payment on reasonable grounds will include 3 business days for 7-day settlements and 5 business days for 30 day settlements
5.4.3 Reasonable grounds include:
18.104.22.168 Faults with hardware required to control payment
5.5 The customer will pay interest on all late payments at a rate of 8% per annum above the base lending rate of National Westminster Bank. This does not apply to late payments agreed in writing under clause 5.4.
5.6 The supplier is entitled to recover all reasonable expenses incurred in obtaining payment from the customer where any payment due to the supplier is late or payment is not made.
5.7 The customer is not entitled to withhold any monies due to the supplier unless there are reasonable grounds and notice is served in writing within the 7 days from the request for payment.
5.8 The Supplier is entitled to vary the price to take account of:
5.8.1 any additional services requested by the customer which were not included in the original proposal
5.8.2 any increase in the cost of materials
5.8.3 any additional work required to complete the services which was not anticipated at the time of the proposal
5.9 Any variation must be made known to the customer in writing by the supplier
6 CUSTOMER OBLIGATIONS
6.1 The customer will provide access to the supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the supplier.
6.2 The customer will provide electricity, water and toilet facilities to the supplier for the purpose of completing the Services.
6.3 The customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the services prior to the commencement of the work.
6.4 The customer will take all reasonable steps to ensure that the supplier does not sustain any damage or loss to any equipment or supplies stored on site.
6.5 The customer shall be liable for any expenses incurred by the supplier as a result of the customers failure to comply with the obligations as defined by these Terms and Conditions.
7 SUPPLIER OBLIGATIONS
7.1 The supplier shall supply the services as specified in the proposal.
7.2 The supplier shall perform the services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice.
7.3 The supplier shall comply with all relevant health and safety regulations.
7.4 The supplier shall be registered with the appropriate organization for self-certification.
7.5 In addition to the undertakings specified in Clause 7.4 the supplier shall ensure that all necessary licences and permissions required to provide the services are current including but not limited to: NICEIC – Approved Contractor Scheme
7.6 The supplier shall be responsible for all waste management and disposal required during providing the services.
7.7 The supplier shall hold valid employer and public liability insurance policies.
7.8 The supplier shall notify the customer in writing of any intention to engage a subcontractor.
8.1 The Customer may cancel an order for services by notifying the supplier in writing within 14 days of placing the order and any monies paid by the customer will be refunded in full subject to the deduction of any products already ordered, acquired, delivered to supplier or customer plus a handling charge for the products at 20%
8.2 If the customer does not notify any cancellation within the time specified in Clause 8.1 any monies paid will not be refundable.
Please see bottom of document for cancellation request form
9 INSPECTION OF PRODUCTS AND SERVICES
The customer shall inspect the services on completion and notify the supplier of any damaged, missing or defective work within 3 days from the date of completion of services.
10 DEFECTIVE PRODUCTS AND SERVICES
10.1 The supplier guarantees that the services will be free from defects in workmanship for a period of 5 Years from the date that the services were provided. The supplier also guarantees that the products will be of a good standard and guarantees product support for a period of 1 year from the date that the products were supplied.
10.1.2 Any manufacturer guarantees beyond the 1-year support offered by the supplier will be transferred to the customer on completion of works and be subject to the customer registering their product where appropriate for full manufacturer’s warranty/guarantee
10.2 Clause 10.1 does not apply:
10.2.1 if a fault arises with services due to mechanical, chemical, electrolytic or other damage not due to a defect in the services/workmanship after risk has passed to the customer
10.2.3 if a fault arises due to willful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorized repair, improper maintenance or negligence on the part of the customer or a third party.
10.3 If the services are found to be defective in accordance with these Terms and conditions then the supplier shall, at their sole discretion, either repair or re-perform the services or refund any monies paid for the defective services.
10.4 If the products are found to be defective in accordance with these Terms and conditions then the supplier shall, at their sole discretion, investigate the unit to establish the problem and then either return the product to the manufacturer for repair or install an alternative product
10.4.1 All reasonable care is taken to ensure products used during the work comply with UK product and safety standard and are fit for purpose. However, George Electrical London Limited takes no responsibility for any damage caused as a result of faulty products where the fault could not have been identified on reasonable inspection by a qualified electrician.
10.5 Clause 10.4 covers:
10.5.1 the cost of investigating the fault with the product
10.6 Clause 10.4 does not cover:
10.6.1 the cost of the postage and packaging for returning the product
10.6.2 the cost of reinstalling the original repaired product or the cost of installing a new product
10.6.3 a full refund for any defective item
10.6.4 the cost of a replacement item. Any replacement item is at the expense of the customer
10.6.4 where a replacement item by the supplier is agreed, the item appearance may differ from the original installed item
10.7 If the customer has not paid the full amount for the services in line with clause 5.4 there will be no obligation to remedy the defect in terms of this Clause by the supplier
11 PROPERTY AND RISK
11.1 Risk in the products, property or materials used to provide the services shall pass from the supplier to the customer when the products, property or materials arrive at the premises of the customer. Risk in any subsequent transportation by the supplier of the products, property or materials used to provide services following the initial delivery will be with the customer
11.1.2 If the supplier is requested to install products purchased by the customer or have products delivered directly to the customer’s premises, the Customer shall not open, dismantle, break security seals or otherwise handle the product/s
11.1.3 If the products are opened, dismantled or otherwise handled, the supplier will not be liable for any damaged caused by the malfunction of the products, or replacement of damaged products, or delay caused by the customer’s actions.
11.2 Adequate insurance should be held by both parties to protect the products or any property or materials that are within their care.
11.3 Title or ownership of any property or materials belonging to the supplier remains with the supplier until payment is received from the customer in full.
11.4 The customer must allow the storage of any property or materials belonging to the supplier during which time the customer will be subject to clause 10.2.1/2
11.5 In the course of the works detailed in the proposal/quote it is accepted that damages may be incurred to the existing finish of the building during installation due to the nature of the works associated with the electrical industry by way of running electrical wires
11.5.1 All repairs to damages under 11.5 will be the sole responsibility of the customer unless otherwise stated in the proposal. The customer shall, at their discretion and expense, seek a repair or request an alternation to the proposal to cover the cost of repairs to any such damages
11.6 Clause 11.5 includes the following
11.6.1 Damages to floor finishing’s: Carpets, underlay, laminate flooring, tiling, solid flooring, floor boards and the like
11.6.2 Damages to wall finishing’s: Wall paper, plastered walls, wall cladding, painted walls, tiled walls, wall fabric/cloth and the like
11.6.3 Damages to ceiling finishes: plasterboard ceilings, suspended ceiling panels, cladded ceilings and tiled ceilings (all tiles including polystyrene) and the like
11.6.4 Damages to skirting boards, dado rails, picture rails, coving/cornice and the like
11.6.5 Damages to structural walls/supports due to proposal of fixed wiring and accessories
11.7 The customer accepts that the works in the proposal may produce marks, scuffs and/or blemishes to any part of the existing building fabric/finish arising from the movement of tools and personnel around the site during the works detailed in the proposal.
11.7.1 All repairs under 11.7 will be the sole responsibility of the customer unless otherwise stated in writing by the supplier. The customer shall, at their discretion and expense, seek a repair or request an alternation to the proposal to cover the cost of repairs to any such damages
11.8 In the event there are damages to supplied services or products prior to completion of services by way of a third party; Plumber, Carpenter, Gas works and the like; the customer will be required to cover the costs of any such repairs or replacements by the supplier to meet the original proposal.
11.8.1 Clause 11.8 does not apply to any third party supplied by the supplier
11.9 It is the responsibility of the customer to make known to the supplier any of the following restrictions by way of construction works to the building:
11.8.1 Any restrictions in place by English Heritage
11.8.2 Any restrictions in place by local council/county
11.8.3 Any hazardous material such as asbestos, carcinogenic materials and the like
11.10 Any repairs to damages on restricted parts of the building that have not been notified under clause 11.8 of this document will remain the sole responsibility of the customer
11.11 Notwithstanding delivery of the product/s or their installation, property in any given products shall remain with the supplier until the Customer has paid and discharged all other indebtedness to the supplier on any account whatsoever including all applicable VAT and any other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later voided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
11.12 The Customer acknowledges that they are in possession of the products solely as a bailee for the supplier until payment as defined in clause 11.9 has been made in full and until such payment, the Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery.
12.1 The agreement shall continue until the services have been provided in terms of the proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
12.2 The customer may terminate the agreement if the supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.
12.3 The Supplier may terminate the agreement if the customer has failed to make any payment due within 2 weeks of the sum being requested and in accordance with Clause 5.4
12.4 Either party may terminate the agreement by notice in writing to the other if:
12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
12.4.4 the other party ceases to carry on its business or substantially the whole of its business; or
12.4.5 the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12.5 In the event of termination the customer must make over to the supplier payment for work done and expenses incurred up to the date of termination.
12.6 Any rights to terminate the agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the agreement as at the date of termination.
13.1 The supplier warrants that the products will, at the time of delivery, correspond to the description given in the proposal.
13.2 The supplier warrants that the services will be performed using all reasonable skill and care.
14 LIMITATION OF LIABILITY
14.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the supplier for death or personal injury, however the supplier shall not be liable for any direct loss or damage suffered by the customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the service and/or the products.
14.2 The supplier shall not be liable under any circumstances to the customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
14.3 For the avoidance of doubt, time shall not be of the essence and the supplier shall incur no liability to the customer in respect of any failure to complete the services or supply the products by any agreed completion date.
15.1 The Customer shall indemnify the supplier against all claims, costs and expenses which the supplier may incur and which arise directly or indirectly from the customer’s breach of any of its obligations under these Terms and Conditions.
15.2 The supplier undertakes that it will indemnify and hold harmless the customer against all proceedings, costs, expenses, liabilities, injury, death or damages arising from negligent performance or breach or failure of performance by the supplier of any obligations under these Terms and Conditions.
16 SETTLEMENT OF DISPUTES
16.1 Any dispute arising under this agreement will be referred to and decided by the adjudicator.
16.2 The adjudicator will be mutually decided upon by both parties chosen from the accredited body’s that the supplier is a member of at the time of dispute
16.3 A party wishing to refer a dispute to the adjudicator shall advise the other party of this intention in writing at any time during the term of this agreement. The dispute must then be referred to the adjudicator within seven (7) days of this intention being intimated.
16.4 The adjudicator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The adjudicator must reach a decision within twenty-eight (28) days of referral or such longer period as the parties may agree.
16.5 During the period of adjudication both parties must continue with their obligations as stated in this Agreement.
16.6 The decision of the Adjudicator is binding on both parties unless and until revised by legal proceedings, arbitration or agreement.
16.7 The Adjudicator will decide which party is liable to meet the fees of the adjudication and in what proportion if both parties are held liable.
17 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the supplier and cannot be used by the customer without the written permission of the supplier.
18 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.
19 RELATIONSHIP OF PARTIES
Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.
The customer shall not be entitled to assign its rights or obligations or delegate its duties under the agreement without the prior written consent of the supplier.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
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 at 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, personal service or by post to the address of the other party given in the proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
24 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
25 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
26 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
27 PRODUCTS AND WORKS
If any products and Works specified within this quotation are unavailable at the time of the works being carried out, George Electrical London limited in its absolute discretion may substitute a reasonable alternative.
END OF AGREEMENT