For the purpose of these terms & conditions the following words shall have the following meanings:
“The Customer/Client” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
“The Operative” or “Engineer” shall mean the representative appointed by Hale Electrics Limited.
Hale Electrics Limited reserves the right to refuse or decline work at its own discretion. Where we agree to carry out works for the Customer those works shall be undertaken by the designated operative of Hale Electrics Limited at its absolute discretion.
HOURLY RATE WORK
The total charge to the Customer shall consist of the cost of materials supplied by Hale Electrics Limited (not exceeding the trade purchase price of materials + 20%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining non-stocked materials) charged in accordance with Hale Electrics Limited current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
Material Collection, of non-stock items is chargeable but:
- Time must be kept to a minimum & reasonable.
- The Customer must be informed wherever possible when the operative leaves the premises.
- If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.
- Only one engineer can leave the job to collect parts.
- The collection of materials which should be normally stocked items is non-chargeable.
FIXED PRICE WORK
This shall be given as a firm cost, (manifest errors exempted) including Labour & Materials. All costs are plus VAT at the prevailing rate.
Where a written estimate has been supplied to the Customer the total charge may be revised in the following circumstances:
- If after submission of the estimate the Customer instructs Hale Electrics Limited (whether orally or in writing) to carry out additional works not referred to in the estimate.
- If after submission of the estimate there is an increase in the price of materials.
- If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
- If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
Hale Electrics Limited shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of us. Hale Electrics Limited shall not be bound by any estimates given orally or in which manifest errors occur.
Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by Hale Electrics Limited, unless otherwise stated on the invoice.
Where works have begun before the 14th of the month on an agreed job, payment for materials and labour used up to date will be due on the last working day of that month regardless of the situation or progress of the job.
Where the date &/or time for works to be carried out is agreed by Hale Electrics Limited with the Customer, then Hale Electrics Limited shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, Hale Electrics Limited accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.
The Customer shall accept sole liability to discharge Hale Electrics Limited account unless he/she discloses to Hale Electrics Limited when initially instructing Hale Electrics Limited to carry out the work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership & receiving a written estimate) the name of the third party appears on the written estimate.
If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by Hale Electrics Limited had the work been carried out &/or materials supplied in accordance with such instructions.
GUARANTEE & WARRANTY
If, after Hale Electrics Limited have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to Hale Electrics Limited & shall afford Hale Electrics Limited, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify Hale Electrics Limited, in the terms previously mentioned, then Hale Electrics Limited shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by Hale Electrics Limited is:
- Subject to misuse or negligence.
- Repaired, modified or tampered with by anyone other than a Hale Electrics Limited operative. Hale Electrics Limited will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
Hale Electrics Limited will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by Hale Electrics Limited & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by Hale Electrics Limited will not be guaranteed. Hale Electrics Limited shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
Where Hale Electrics Limited agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & Hale Electrics Limited accepts no liability in respect of the effectiveness of such works or otherwise.
Hale Electrics Limited will not guarantee any type of lamp which Hale Electrics Limited has supplied, in any capacity. If a lamp carries a warranty or extended manufacturer’s warranty and becomes defective it is the sole responsibility of the customer to correspond with the manufacturer and seek replacement or refund. Hale Electrics Limited reserve the right to refuse involvement of this process.
Engineers sub-contracted by Hal Electrics Ltd operate under their own public liability insurance & as such are solely responsible for any electrical related work & subsequent liability.
Hale Electrics Limited shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in Hale Electrics Limited being made liable for those damages or rectification of the work.
If the Customer cancels their instructions prior to any work being carried out or materials supplied, then the Customer shall be liable for any related expenditure together with the profit that would have been made by Hale Electrics Limited had the work been carried out &/or materials supplied in accordance with such instructions.
If an engineer is en-route to a pre-booked job and –
- job is cancelled at short notice
- the client is not in
- no access to property or area of works
then an aborted cost will apply.
Independent Complaints Procedure
NICEIC operates an independent complaints procedure. If the electrical work of a registered contractor is found to be below the accepted technical standard, NICEIC requires the contractor to correct the work, at no additional cost to the customer. NICEIC is concerned solely with the safety and technical standard of the electrical work carried out by Approved Contractors, and the standard of certification and periodic inspection reports which Approved Contractors are responsible for producing.
Guarantee of Standards Scheme
NICEIC expects its registered contractors to provide a quality service to their customers and, therefore, endeavour to resolve all complaints about the technical standard of their electrical work. If a customer and an Approved Contractor are unable to resolve an alleged deficiency in the technical standard of electrical work, the customer can make a formal complaint to NICEIC. NICEIC will help facilitate the negotiations between the contractor and the complainant.
As described below, the NICEIC Complaints Procedure requires the an NICEIC-registered contractor to resolve the technical deficiency without additional cost to the consumer. However, if the contractor does not undertake the required remedial work, NICEIC’s Guarantee of Standards Scheme ensures it will be done by another NICEIC-registered contractor, at no cost to the customer.
These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of Hale Electrics Limited & the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to Hale Electrics Limited. By entering into a contract with Hale Electrics Limited the Customer agrees irrevocably to waive the application of any such terms & conditions.
Title to any goods, supplied by Hale Electrics Limited to the Customer shall not pass to the Customer but shall be retained by Hale Electrics Limited until payment in full for such goods has been made by the Customer to Hale Electrics Limited. Until such time as title in the such goods has passed to the Customer:
Hale Electrics Limited shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in Hale Electrics Limited,
For the purpose specified above, Hale Electrics Limited or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide Hale Electrics Limited with a certificate or other evidence of such Insurance.
Hale Electrics Limited shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control & Hale Electrics Limited shall be entitled to a reasonable extension of the time for performing such obligations.
Hale Electrics Limited shall only be liable for rectifying works completed by Hale Electrics Limited & shall not be held responsible for ensuing damage or claims resulting from this or other work over looked or subsequently requested & not undertaken at that time.
These terms & conditions, all contacts awarded between Hale Electrics Limited & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
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