Russ Gregson electrical ltd. Terms and Conditions of Business
1.
For the purpose of these terms and conditions,
the following words shall have the following
meanings: a. "Us/We/Our" Shall mean ‘Russ Gregson electrical ltd. T/A www.russgregson.co.uk or its Representatives.
b. "You/client/your" shall mean the customer
(being the person or organisation for whom we
agree to carry out works and/or supply
materials)
2. These terms and conditions
are subject to change entirely at our discretion
and without a requirement to provide notice.
3. These terms
and conditions together with any quotation or
tender given to you by us constitute the entire
agreement between us and supersede and cancel
any previous agreement or understanding. You
acknowledge that in entering an agreement
between us you have not relied on any
representation or understanding (whether oral or
in writing) which is not included or referred to
in this document.
4. These terms and conditions
set out our liability in respect of the work,
and our liability under them shall be in lieu
and to the exclusion of all other warranties,
conditions, terms and liabilities expressed or
implied in respect of the work and quality
thereof. All liability in respect of which,
howsoever arising is expressly excluded, except
any which by law cannot be excluded. Save as
provided in these terms and except as aforesaid
we shall not be under any liability in respect
of defects in the work or failure to correspond
to specification or for any injury, damage or
loss resulting from any such defects or failure
or from carrying out of any work.
5. If any provision of this
agreement is declared by any judicial or other
competent authority to be void, illegal or
otherwise unenforceable the provision shall be
severed from this agreement to the extent
required and the remaining provisions shall
remain in full force and effect unless the
parties decide that the effect of such
declaration is to defeat the original intention
of the parties in which case either party shall
be entitled to terminate this agreement by one
months written notice.
6. We are a repair company not
a make good company, all making good shall be at
this company’s discretion
7. All our engineers are
professionally qualified, and carry all relevant
qualifications.
8. Jobs on an hourly
rate. The total charge to you will be
the time spent doing the work. It will include
all reasonable time spent in obtaining
materials. Parts and materials are charged at
usual retail price plus a handling charge. All
rates and materials quoted are subject to VAT at
current VAT rates.
a. The
price payable by you is the price stated as the
invoice total, or where no price is stated, our
current standard rates for the service provided.
b. It
is your responsibility to enquire into our rates
for the specific service you require. We incur
no liability or obligation to present this
information to you, except upon request.
c. Where
labour charges apply, unless otherwise
confirmed, all services shall be charged with a
minimum labour charge of 60 minutes commencing
on arrival by our engineer at the customer’s
property for the initial visit and each
subsequent visit and rounded up to the nearest
hour thereafter.
d. Unless
explicitly agreed in writing we cannot guarantee
to work within ceiling limits, while we will
undertake all reasonable care to ensure
compliance, you accept any additional costs.
9. Fixed price work. Quotes
will include labour and materials.
a. Quotes may need to be revised if you change
the scope of specification of work following
acceptance of the original quote, or if there is
an increase in the price of materials, or if
further works are required.
b. All
prices quoted are subject to VAT at current VAT
rates.
c. We
reserve the right to withdraw any quotation
without notice before we receive your
acceptance.
d. Dates
specified for the commencement and completion of
works are estimates only and shall not form the
essence of the contract.
10. Where all consideration is
given to the evaluation or work duration, all
reasonable precaution will be taken to avoid
additional costs. It is however agreed and a
condition of these terms that should further
work be necessary to complete the contract and
where you or your site representative is not
available, for whatever reason, to sanction the
necessary extension we have your
authority (without reference to you), to extend
the working day or re-attend to complete the
works. Additional hours will be charged in
accordance with our current rates.
11. Invoices are payable within
the agreed payment terms. Invoices unpaid (in
total or part) by the due date will be subject
to late payment charge of 10% of the total
monies outstanding plus VAT. This late payment
charge will increase by a further 5% for each
additional calendar month an invoice remains
unpaid.
12. If you instruct us to do
the works or buy materials and then cancel that
instruction, we reserve the right to charge you
for the cost of any time spent and material loss
incurred by us.
13. You may not assign or
sub-contract any of your rights. We may perform
any or all of our obligations under this
agreement through agents or sub-contractors,
provided that we shall remain liable for such
performance and shall indemnify you against any
loss or damage suffered by you arising from any
act or omission of such agents or
sub-contractors.
14. Payment shall be due upon
completion of the works by an acceptable method,
unless otherwise specifically requested and
agreed by us.
15. Guarantee. All works and
materials are guaranteed for a reasonable time
frame as governed by us, on an individual basis.
If you are not satisfied with our work you must
contact us within 30 days of completion of the
work, so that we can inspect the work and if
required carry out any remedial work at our
expense. You agree if you do not contact us in a
suitable time frame/within 30 days we shall have
no liability.
16. We will use our reasonable
endeavours to carry our the works on the agreed
dates and times but shall not be under any
liability to the client if it should be either
impossible or impracticable to carry out the
work on the agreed date or dates or by reason of
strike, lock out, industrial disputes, acts of
god or any other event, or occurrence beyond our
control.
17. Things we cannot cover.
a. We are unable to guarantee our work, parts and
equipment supplied to you if they are misused,
treated negligently or if our work is repaired,
modified or tampered with by anyone other than
us. Where we carry out works for you using your
materials we can take no responsibility for the
quality, fitness for purpose or otherwise of
these materials and the terms of our guarantee
will not apply.
b. Damage
to carpets, floor coverings, expensive items and
furniture during works carried out. Although
reasonable care is taken at all times it is your
responsibility to remove, cover or otherwise
protect items which may be exposed to potential
damage.
18. We cannot guarantee work
where you order us to carry out work against our
advice. This advice will be given to you either
orally, or in writing. Our guarantee is also
void if we indicate that further works need to
be carried out.
19. We cannot guarantee work on
existing installations that are over 10 years
old. Nor can we guarantee the effectiveness or
otherwise of our work in these cases.
20. We will only be liable for
rectifying our own work and shall not be held
responsible for any consequential loss damages
or claims resulting from this or from other
works overlooked or subsequently requested or
undertaken.
21. You shall indemnify us
against all actions, suits, claims, demands,
losses, charges, costs and expenses which we
suffer or incur resulting from a claim by any
third party arising out of a breach of your
obligation, undertakings, representations and
warranties under this agreement.
22. A person who is not a party
to this agreement has no rights or duties under
the Contracts (Rights) of Third Parties) Act
1999 to enforce any terms of this agreement.
23. We shall be entitled to
recover from you any costs or damages we may
have to pay where the negligence or faulty
workmanship of any person or contractor employed
or engaged by you makes us liable to pay for
those damages or rectification of work.
24. Our liability (if any)
whether in contract or otherwise in respect of
any defects in the work, or in breach of this
agreement of any duty of care or otherwise owed
to you in connection herewith shall be limited
to the invoice value of the work.
25. You shall be liable for all
loss, damage or injury (whether direct, indirect
or consequential) resulting in the failure or
delay in the performance of your obligations
under these terms.
26. You must let us know of any
dangerous gases, liquids or other materials,
which you believe, may present a hazard or
danger to any person carrying out work before
such work is started. You must provide us with
all the necessary details in respect of any
relevant requirements specified by the factory
inspectors or similar regulatory authorities.
27. Electrics. It is your
responsibility to protect any data equipment,
software or stored data information, which may
become damaged or deemed, lost due to power
loss. Whilst every care shall be taken we accept
no liability and it should be assumed that
accidental power loss might occur.
28. Title of Goods. Goods
supplied and delivered by us to you, or your
premises shall remain our property until paid
for by you in full. Whilst goods remain our
property (we shall continue to have title over
them), we have the absolute authority to retake,
sell or otherwise dispose of all or any part of
these goods. We shall be entitled to seek a
court injunction to prevent you from selling,
transferring, or otherwise disposing of such
goods. However once goods have been delivered,
it will be your responsibility to keep them safe
and secure. Goods damaged through your
negligence will be charged for.
29. If you have the need to
make a complaint, then please telephone in the
first instance on 0000 000 0000, otherwise
please write to our Customer Service Department
at the following address:
64 Greyfriars Crescent, Fulwood, Preston, PR2 3RB
30. Please allow up to two
weeks for your concern to be investigated, you
shall be informed of the outcome verbally and in
writing. In the event of a refund, this shall be
sent in the form of a cheque.
31. By entering into a contract
(either in writing or verbally) with us, you
agree to these terms and conditions.
32. Our Prices are graduated and are based on the
level of service, time of day and day of call
that is required by the Customer. They range
from £xx.00 per hour to £xx.00 per hour with any
materials used being charges in addition.
33. We use our best endeavours to ensure the
correctness, reliability and accuracy of the
content of our web site, but we make no
representations or warranties as to the
content's correctness, accuracy, or reliability.
34. This
agreement and all matters arising from it shall
be governed and construed in accordance with
English law
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