Wakley Electrical Limited Terms and Conditions of Service
These Terms and Conditions are a legal document which will bind us both. We’ve tried to make them both clear and fair, but if there is anything You don’t understand or are unsure about, please discuss it with Us before placing Your order.
If You are a consumer (within the meaning of the Unfair Contract Terms Act 1977), then nothing in these Terms and Conditions affects Your statutory rights.
- In these Terms and Conditions:
a. ‘We’ ‘Us’ and ‘Our’ refers to Wakley Electrical Contractors Ltd which has an office at 187 Barrowby Road, Grantham, Lincolnshire; b. ‘You’ and ‘Your’ refers to you, the person or organisation to whom the Company has offered to provide services;
c. ‘Estimate’ means any estimate which We issue to You and You accept as well as any changes to that estimate which We and You both agree or confirm in writing or by email.
d. ‘Works’ means all the works referred to in the Estimate;
e. ‘Fees’ means the fees payable to Us by You for the provision of the Works as set out in the Estimate, and (where relevant) as amended by paragraph 5 below, or as otherwise agreed by Us in writing;
- We will use all reasonable endeavours to provide the Works in accordance with any time schedule agreed with You in writing or set out in the Estimate. However, unforeseeable circumstances may cause delays for which We cannot be held responsible and so no warranties can be given regarding completion dates.
- In providing the Estimate, We may have had to make certain assumptions regarding the nature of any existing structures and their finishes, the route of pipes, the availability of materials, the absence of plaster finishes (in new builds or extensions) on walls and ceilings across which cables are to be laid, etc. (To avoid making such assumptions, some detailed survey works and enquiries may be required, all of which would delay, and increase the cost of, the Works). In the circumstances, whilst the assumptions made will be based upon experience and good industry practice, it may become necessary to suggest changes to the Works as their provision progresses, to take account of any discrepancies between the assumptions initially made and the actual conditions found.
- Any delay in providing the Works caused by Our inability to access any relevant part of the site where the Works are to be provided, or by the site being unsafe or occupied by other contractors making it unreasonably difficult for Us to commence or continue providing the Works, may result in Us having unproductive days.
- Where, as a result of the circumstances described in paragraphs 3 or 4 above, or at Your request, additional work is required in order to complete the Works, or delays are incurred, then the impact of these changes upon the Fees and previously agreed timescales will be discussed with You as soon as they can be determined with reasonable certainty and, in the case of extensions to the scope of the Works, prior to implementation. If We are unable to reach agreement with You upon these changes within 7 days, however, then We will be entitled to cease work upon the Works, reduce the Fees to a sum which We reasonably consider to be pro-rata to the work actually carried out, and invoice you accordingly. Once We have received payment of those adjusted Fees, Our obligations in respect of the Works will then be regarded as discharged.
- You must take all reasonably necessary steps to ensure the safety of all of our representatives whilst they are on the site where the Works are to be provided.
- We will use all reasonable care and skill in providing the Works and, except as indicated in paragraph 8 below, will rectify any faults in them which are caused by Our negligence provided You notify Us of them within 12 months from Our completion of the Works. Further, We will assist You in making valid claims under any warranty provided by the manufacturers of equipment We supply in the course of providing the Works.
- We will not be liable for any consequential or indirect losses You suffer, including necessary damage caused to decorations during rectification works carried out under paragraph 7 above. Further, (to the extent permitted by English law, and not beyond,) Our total liability to You for negligence or breach of contract is limited to a sum equivalent to the Fees.
- The Fees shall be due and payable (by BACS or debit/credit card) within 7 days from the date of each invoice, which shall be delivered in accordance with the Estimate, or (where appropriate) within 21 days of a failure to reach agreement under paragraph 5 above. In the event of any delay in payment, We shall be entitled to withhold providing any remaining Works (without penalty) until such time as payment is made and to charge a late payment administration fee of 2.5% of the net sum due. Further, interest at 8% above the then current Bank of England base lending rate shall accrue on any unpaid Fees from the date when the relevant invoice becomes due until the date of payment.
- Risk in any materials delivered to You in relation to the provision of the Works will pass to You upon delivery, and so You are advised to take appropriate precautions to prevent any loss or damage of them. However, We will retain ownership of those materials until We have received payment for them from You. Accordingly, You authorise Us to enter the site at which the Works are or were to be provided, and to remove any materials (at any reasonable time,) for which We have not yet received payment in full.
- These Terms and Conditions will be interpreted in accordance with English Law. In the event of any dispute, either party will be entitled to seek resolution.
- Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0117 981 2929 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/