Terms and conditions – Current Affairs Electrical Contractors Limited.
(CO NO. 2779633) June 2022
Definitions
For the purpose of these terms & conditions the following words shall have the following meanings:(a) “The Company” shall mean Current Affairs Electrical Contractors Limited (b) “The Customer” 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 the Company.
General
All goods and services supplied by The Company are sold only upon the following conditions.
The placing of an order for any such goods or services, or the acceptance of our quotation or tender or of delivery of goods or services includes acceptance of the following conditions. Unless expressly agreed by us in writing any other terms or conditions (including any which may be included in your order) are excluded. Unless expressly incorporated in our quotation or tender all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance or other descriptive matter are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type and quantity of goods or services and the point and date of delivery.
Quotations
All quotations shall be given as a firm cost and are open for acceptance within the period stated therein or, where no period is stated, within 30 days after its date. The Company shall not be under any obligation to provide a quote to The Customer and shall only be bound (subject as hereinafter) by quotes given in writing to The Customer & and signed by a duly authorised representative of The Company. The Company reserves the right at any time to refuse any order.
Materials / Workmanship
Unless otherwise specifically specified within our quotation all builders work, underground ducts etc and making good will be by others. All materials free issued by the employer will be deemed to be suitable for the intended use and fit for purpose and meet all current regulations and standards for their intended use. CA will not be responsible for testing or modifying to ensure this. Such free issue materials will be expected to arrive on site with suitable instructions and certification in good time for installation during the agreed program. Any delay/acceleration etc. caused by late delivery of such will be chargeable by The Company.
Delivery / Completion
Conditions will be such as to permit our work to be carried out with continuity, extra charges will be made if our works are held up for any reason beyond our control or if working overtime because of a directive from The Customer. Time for delivery or completion shall not be of the essence of the contract unless previously agreed by us in writing. For the avoidance of doubt, delivery/completion dates or times given to you shall not create a contractual obligation to deliver/complete on such date or time, and accordingly no liability shall be accepted by us for any claim by you or any third party for direct or consequential loss or damage arising from delay in delivery/completion.
Prices / Payment
All goods are subject to the standard rate of Value Added Tax on the net invoice value. Unless otherwise stated all prices given on our quotations are nett of VAT. It is The Customers responsibility to prove to CAEC is reverse charge VAT is applicable or not, and unless proven The Company reserve the right to charge VAT at the current rate at the time of invoicing. Where accounts have been approved for credit, payment becomes due in full, no later than the stated invoice terms. Where there has not been prior approval for credit, payment is due immediately on completion of the work/delivery to The Customer. Where payment is not received by the due date or where part of an invoice remains unpaid the invoice will be passed to a third party to recover the outstanding monies. This may incur a charge of ÂŁ50 plus VAT for each invoice passed for collection plus interest at the rate of 5% over base per month on all overdue accounts without prejudice to its right of recovery of goods. All goods supplied by us will remain our absolute property until payment has been received in full. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work & and/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 quote) the name of the third party appears on the written quote.
Retention of title (R.O.T.)
Retention of title (R.O.T.) to any goods, supplied by the Company to The Customer shall not pass to The Customer but shall be retained by The Company until payment in full for such goods has been made by The Customer to The Company. Until such time as title in the such goods has passed to The Customer: (i) The Company 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 The Company,(ii) for the purpose specified in (i) above, The Company 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. (iii) The Company shall be entitled to seek a court injunction to prevent The Customer from selling, transferring or otherwise disposing of such goods. 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 The Company with a certificate or other evidence of such Insurance.
Guarantee and repair
If, after The Company shall have carried out the works, The Customer is not wholly satisfied with the works then The Customer shall give notice in writing within ten working days to The Company & shall afford The Company, 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 The Company as aforesaid then The Company shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour & material (only those supplied by The Company) only in respect of faulty workmanship of manufacture (of only material supplied by The Company) the duration of the agreed defects liability period from the date of practical completion and with the manufacturer’s warranty in force. The Guarantee will become null & void if the work/materials completed/supplied by The Company is:(a) Subject to misuse or negligence. (b) Repaired, modified, or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by The Customer & will accept no liability for any consequential damage or fault.
The Company will not guarantee any work undertaken on instruction from The Customer & against the written or verbal advice of The Company or operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed. The Company 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 Company or operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
Complaints Policy
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things right as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please, write to us at the registered address or email us using info@current-affairs.co.uk and we will respond within three working days of receiving your written complaint and where possible, will provide you with a date to remedy any issues raised.
SeverabilityÂ
In the event of any of these conditions or any part thereof shall be determined invalid, unlawful, or unenforceable to any extent, such condition or part shall be severed from the remainder of these conditions which shall continue to be valid to the fullest extent permitted by law. Any failure by us to enforce any or all these conditions shall not be construed as a waiver of any of our rights hereunder.
Applicable Law
This contract will be governed by the laws of England and be subject to the jurisdiction of the English courts.