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1 Definition
1.1, The Company ‐ Smart Electrics and its Contractors.
1.2, The Customer ‐ The person or persons name(s) that appears on all forms as "The Customer".
1.3, The Site - The Address of which work is to be undertaken.
1.4, The Work Area - The area deemed by "The Company" on "The Site" to allow the
execution of the contract.
1.5, The Authorities ‐
refers to "The Customers" Local County Council’s
Building Control.
1.6, The Contract ‐ The
acceptance of the terms & conditions set by "The Company".
1.7, The Guarantee - The agreement to
rectify problems relating to standards or quality of workmanship.
1.8, The Warranty - The agreement to
replace faulty goods or materials by the manufacturer.
2 Legal Requirements
2.1, Under the requirements of Health & Safety at Work Act 1984, as
amended 2007 Smoking is prohibited within "The Site", 1 hour prior commencing & during work being carried out
by "The Company". Failure to comply with this legislation may cause delay in commencement or completion of "The
Contract" which may incur additional cost, as determined by "The Company", to be met by "The Customer".
2.2, Under the Health & Safety at Work Act 1984,
as amended 2007; in regards to lifting & handling "The Customer" with adequate notice shall as far as reasonably
practicable empty room or rooms as needed to facilitate "The Company’s" progress in completion of the installation.
2.3, "The Customer" shall at all times be
vigilant and responsible for the health & safety of themselves and the health & safety of persons or animals
in their charge.
2.4, Under Part K of the Building
Regulations when "The Company" is on "The Site" the property will be subject to restricted access; visitors
should be kept to a minimum. "The Customer" must follow any instructions given by "The Company" in regards
to restriction of movement through or around "The Work Area" for their own safety. "The Customer" remains
responsible for the welfare of guests, animals & themselves.
2.5, Risk assessments & method statements are available from "The Company" if "The Customer" wishes
to receive a copy they will need to formally request them from "The Company".
2.6, "The Customer" is responsible for the notification of any or all works that require
notification to the "The Authorities"; with the exception of the work detailed in "The Contract". "The
Company" will notify its work through the NICEIC.
2.7, Any fees charged by "The Authorities" will need to
be met by "The Customer".
3
Assurances
3.1, All work under
taken as detailed in "The Contract" will conform to the latest edition of "Institute of Electrical Engineers
Wiring Regulations" and The Building Regulations incorporating the relevant aspects in Parts A, B, C, E, F, K, L,
M & P.
3.2, Any work to be contracted out to
contractors, the contractors will be vetted to ensure "The Company’s" high standards will be met. And
that they are Insured & accredited with the relevant bodies.
3.3, Material will be recycled on site where
"The Site" has facilities to do so.
3.4, COSHH reports for all aerosols, solvents, adhesives &
lubricants used by "The Company" are stored at the office for reference as required under Part J of the Building
Regulations.
3.5, "The Company" will endeavour to reinstate
"The Customers" property as near to pre‐existing conditions as possible. However, in certain circumstances this
will not be physically possible, or may not meet the requirements of "The Customer" for example, decoration or floor
surfaces. Items such as carpet, tiles, wood, plaster, etc may need reinstating by a third party. This is the responsibility
of "The customer" and "The Company" will endeavour to draw attention to these points when surveying
for the estimate. Costs of this reinstatement will be met by the customer.
3.6, "The Guarantee" offered
to "The Customer" will be honoured by "The Company" or its insurances. "The Guarantee" offered
to "The Customer" will be dependent on type of work or services supplied. "The Guarantee" will be
limited in duration and will be indicated on the customers receipt, invoice or contract.
3.7, "The Warranty"
offered to "The Customer" will be honoured by "The Company" or the Manufacture. "The Warranty"
will be dependent on the Manufactures Terms & Conditions. "The Warranty" will be limited in duration and
will be indicated on the customers receipt, invoice or contract.
4 Omissions or Addition to Estimate
4.1, Any deviation from "The
Contract" will be detailed onto the job sheet.
4.2, "The Company" will undertake to make "The Customer" aware of any changes to the
cost incurred by the variations.
4.3,
The job sheet or estimate will be signed by "The Customer" prior to any of the additional work being carried
out this will then form part of this contract.
4.4, Only such work as agreed in "The Contract" will be undertaken by "The Company".
4.5, If the extent of the
additional work is larger than "Minor Works" as detailed in the latest edition of "Institute of Electrical
Engineers Wiring Regulations".
Then the work will need to be rescheduled for an appropriate date in the future
so as not to affect "The Customer" or "The Companies" prior arrangements.
5 Payments
5.1,
"The Customer" is required to pay "The Company" upon the completion of work or as in the
terms and conditions of the contract.
5.2, Credit
and Debit Card payments may incur a 3.4% surcharge.
5.3, £2.50 handling fee for cheque amounts below £10.00
5.4, In certain circumstances, "The Company"
may require "The Customer" to pay a deposit; this will be arranged when necessary with "The Customer".
5.5, "The Company"
does not accept any responsibility for payments lost or delayed in the post.
5.6, Failure to meet payment on demand will result in court action being instigated for
the recovery of debt and any costs incured, interest will be charged at 8% above the current Bank of England Base
rate from the date payment becomes overdue in addition to compensation for reasonable debt recovery costs of
between £40-£100 dependent on debt amount.
5.7, All materials supplied by "The Company" remain the property of "The Company" until
full payment is made by "The Customer".
5.8, Minimum charges apply to hourly rates. First
hour charged as minimum and then subsquently charged half hourly there after.
6 Cancellation of Contract
6.1, "The Contract" can be broken by "The Company" if
"The Customer" causes delays in execution of "The Contract" in excess of 28 Days.
6.2, "The Customer" can
be released from "The Contract" with no penalties if notice is given to "The Company" by one or more means
eg Telephone, Letter or Email within 72hrs of "The Contract" becoming legal. As all materials required
for the job will be purchased thereafter.
6.3, A fee of 25% of the total estimate will be made to cover costs
of administration and the return of goods to suppliers. Unless under 6.2 applies.
7 Return of Goods
7.1, No goods
are supplied on a sale or return basis. There shall be no liability on "The Company" to accept returned goods.
8 Fire & Security
Systems
8.1, Due to, but not limited to, any or all of the following: criminal tampering, electrical
or communications disruption, it is possible for the Fire or Security system to fail to perform as expected. "The
Company" does not represent
that the products or systems may not be compromised or circumvented; or that the product or system will prevent any personal
injury or property loss by burglary, robbery, fire or otherwise; nor that the product or system will in all cases provide
adequate warning or protection. A properly installed and maintained system may only reduce risk of burglary, robbery,
fire or otherwise but it is not insurance or a guarantee that these events will not occur. Therefore, the customer/owner
should take any and all precautions for his or her safety including, but not limited to, fleeing the premises and calling
police or fire service and have a well rehearsed evacuation procedure in order to mitigate the possibilities
of harm and/or damage.
9 Inspection & Testing
9.1, "The Company"
takes every effort to limit the affect of inspection and testing on customers premises, but due to the nature of the works
some disruption and restrictions are to be expected.
10 Waste Removal
10.1, "The
Company" will not be responsible for the removal of any trade waste created by installation, repair or maintenance
at the customers location or property. "The Customer"will take whole responsibility for the correct storage
and disposal of all waste including hazardous or environmentally sensitive materials.To find your nearest DCF please visit the following web site: www.recycle-more.co.uk.
11 Emergency Response
11.1, "The Company" can
not guarantee an emergency response to "The Customer", however "The Company" will
aim to respond to any breakdown within a 4 hour time period upon receiving details from "The Customer".
We encourage "The Customer" to have secondary contact details of a qualified engineer in the event
of an emergency.
12 Matters Beyond Our Control
12.1, Matters Beyond Our Control will be declared in the event of a situation that is out side of "The
Company's" control. This can be, but not limited to; Job Overrun, Emergency Cover, Illness, Weather, Flood,
Fire, Industrial Action, Road Incidents, Local and National Government enforcement.
13 Additional Charging
13.1, Travel outside of "The Company's" preferred
coverage area, currently set at 30 miles from our office location, may be charged to "The Customer"
at a rate of 0.50p per mile. This will be confirmed to "The Customer" upon first contact with "The Company"
and will be included in all estimates.
13.2, Any
lost or damaged certificates, invoices, drawings, etc will incur an admin charge to "The Customer".
13.3, "The Company" will retain the right to charge for missed appointments and any costs incurred.
14 Promotions & Discounts
14.1, Promotions
will be at "The Company" discretion.
14.2, Discounts offered will be at "The
Company" discretion.
15 Social Network Sites
15.1, "The
Company" Does not take any responsibility for the provision of inaccurate information via Social network Sites.
15.2, Issues reported by "The Company" via Social Network Sites must not be used for
the protection of life, property or the prevention of financial loss.
16 Email & Text
Messages
16.1, If any email or text message has been sent in error,
please advise "The Company" immediately. Emails, Text messages are not necessarily secure. "The
Company" does not accept responsibility for changes to any email or text which occur after the email or
text message has been sent. Attachments to any email or text may contain viruses, which could damage "The
Customer" IT systems. While the "The Company" has taken reasonable precautions to minimise the
risk, "The Company" cannot accept liability for any damage which "The Customer" sustains
as a result of the viruses. "The Customer" should carry out virus and security checks before opening any
email or text messages.
17 Privacy Policy
17.1, Personal data submitted
on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website. "The
Company" may use "The Customer" personal information to:
a) administer the website; b) improve "The Customers" browsing experience by personalising
the website; c) send goods purchased by "The Customer" via the website, and supply to "The
Customer" services purchased via the website; e) send statements and invoices to "The
Customer", and collect payments from "The Customer"; f) send "The Customer" general
(non-marketing) commercial communications; g) send email notifications which "The Customer" has
specifically requested; h) deal with enquiries and complaints made by "The Customer" relating
to "The Company" website.
17.2, All electronic financial transactions are handled through "The Company" payment service provider,
(PayPal). You should only provide your personal information to PayPal after reviewing the PayPal privacy policy available
at www.paypal.com. "The Company" will share information
with PayPal only to the extent necessary for the purposes of processing payments "The Customer" makes
via "The Company" website.
17.3, "The Company" will analyse the use of this website via Matrix Stats and Google Analytics.
This generates statistical and other information about website use by means of cookies, which are stored on "The
Customer" computer. The information generated relating to "The Company" website is used to create reports
about the use of the website.
17.4, "The Company" will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration
of "The Customer" personal information. Of course, data transmission over the internet is inherently insecure, and "The Company" cannot
guarantee the security of data sent over the Internet. "The Customer" is responsible for keeping there
passwords and user details confidential. 18 Statutory Rights
18.1,
These Terms and Conditions do not affect your statutory rights.
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