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Part 1: Definitions
In these terms and conditions the following expressions shall where the context so admits have the following meanings:
“The Contractor”- MK on Sea Electrical Ltd”.
“The Customer”- the person, trader, partner or organisation which has accepted the quotation.
“The Contractor’s Equipment”- means the equipment hired to the customer.
“The Customer’s Equipment”- means all the equipment other than the Contractor’s equipment.
“The Installed System”- means the total of the Contractors and Customers equipment.
“The Installation Date”- means the day on which the installation of the said equipment shall be completed.
Part 2: Supply of Installed System
The property in the Customer’s Equipment shall pass to the Customer on payment of the moneys specified in the quotation as being payable on or before the installation date.
Part 3: Customer's Obligations
The Customer shall:
Be responsible for any charge levied by other agencies involved in the installation.
Be responsible for the lifting and refitting of any floorboards, carpets or other floor covering necessitated by the installation, and for any building work, cutting away, decoration or making good unless specifically stated in the specification.
The Contractor will endeavour to provide a neat and efficient installation and will conceal cables wherever possible, but where impractical due to decoration, finished surfaces, specific instructions, building construction etc., the cables will be surface run.
Give the Contractor free access to the premises between 08:30 and 17:30 hours Monday to Friday except Public Holidays and other times by agreement for the purposes of doing anything which the Contractor is entitled to do under the agreement.
The Customer is to arrange for easy access to all working areas and surfaces for the Contractor to carry out the work specified.
Be responsible for the cost of redecoration or relaying floor covering or for any breakage or other damage arising from the installation.
Advise the Contractor of the existence of and to point out to the Contractor the location of concealed water, gas, electricity, telephone or other services before work commences. In the absence of such advice the Contractor cannot accept liability for damage to these service or for consequential damages.
If the Customer wishes the Contractor to use any existing equipment as part of the new system, it will be assumed to be in full working order. Should this not be the case, any work required to bring the equipment up to an acceptable standard will be charged on a time and material basis.
Part 4: Contractor’s Obligations
Install the System at the specified premises or site as soon, as may be reasonably practical in accordance with the anticipated delivery date quoted by the Contractor.
Carry out at the Contractor’s expense any repairs or replacement to the System caused by any faulty materials or workmanship within twelve months of installation.
Where the attendance of the Contractor is requested/or required for any reason whatsoever (apart from normal maintenance inspections or under any guarantee by the Contractor) the Contractor reserves the right to make such charges as it considers reasonable for labour (including travelling time) and materials.
Part 5: Limits of Contractor's Liability
The Contractor accepts responsibility for ensuring that the System will be reasonably able of meeting the purpose but does not accept any larger responsibility than that, whether in negligence or otherwise.
The Contractor shall not be liable for any loss or damage suffered by the Customer however caused, whether as a result of any negligence, breach of contract, misrepresentation or otherwise.
The Contractor or its insurers shall not be liable or investigate any claim for loss unless the Customer has given written notice within seven days of its occurrence and given the Contractor and/or its insurers every facility to investigate such occurrence.
The Contractor shall not under any circumstances whatsoever (whether by negligence, breach of contract, or otherwise) be liable for any indirect or consequential loss, damage or injury however caused by an independent contractor.
Part 6: General Conditions
If the Customer shall commit any breach of its obligations hereunder and fails within thirty days of notice by the Contractor requesting the same to remedy such breach, or if any payment due hereunder is more than thirty days in arrears the Contractor may terminate the agreement within fourteen days notice.
If a recovery is made against the Customer or he commits an act of bankruptcy or he compound with his creditors or suffers any judgement to remain unsatisfied for more than seven days or in any execution or distress is levied on the Customer’s property or assets or being a trade partnership, or company it shall pass a resolution for voluntary winding up (other than for the purposes of amalgamation or reconstruction) if a petition for winding up is presented against the Customer or if a receiver is to be appointed on the customers property assets or undertaking or any part thereof the Contractor may terminate this agreement forthwith.
If the appointment is cancelled for any reason, with under 12hrs notice the Customer or responsible party shall pay to the Contractor the call out charges there accrued due hereunder which would have been payable had the agreement been continued.
The Contractor shall be entitled to transfer or assign all or any of its rights in this agreement and to perform any of its obligations through nominated sub-contractors.
Any modification or variation in either the specification or terms and conditions must be evidenced in writing and signed by a duly authorised representative of the Contractor.
Part 7: Payment
All invoices must be settled within the time frame indicated on the invoice or by the company. Usually seven days.
Payment should be sent via Bank Transfer to the account details provided, by debit or credit card or where agreed, cheque.
Debit and credit card payments will incur a 3% charge in addition to the total balance.
We reserve the right to charge interest on all late payments in accordance with the Late Payment of Commercial Debts (interest) Act 1988, if payment is not paid within the given period.
Payments that are outstanding for a period of three months or more will be taken through court proceedings. The charges for this will be added to the total balance outstanding.
These Conditions of Agreement shall not affect any statutory rights to which the Customer may from time to time be entitled and which by law cannot be varied or excluded.
Title of the goods and equipment shall not pass to the Customer until payment in full has been made to the Contractor.
All materials are fitted to existing structures. We undertake no structural alterations unless specifically agreed beforehand. Whilst every effort is taken to carry out neat work, we do not make good decorations disturbed when fitting appliances.
In the event of faulty materials or workmanship the Contractor will at its discretion either repair or replace parts or the whole of the installation, but the Contractor reserves the right to charge for repairs or other work directly, or indirectly, arising from misuse. This guarantee extends for one year from the date of completion of the installation.
The Contractor reserves the right to make any deviations from any sketch or sample which would not materially affect the design if in the opinion of the Contractor such an alteration would facilitate the proper execution of the work.
Whilst the Contractor will make every endeavour to install the product on the date or within the period arranged with the Customer the Contractor shall in the event of any unforeseen circumstances arising be entitled to make a later installation and such later installation shall be accepted by the Customer and the Contractor shall in any event not be responsible for any loss whatsoever arising from or consequential upon the delay in installation.
The price quoted is guaranteed for three months. If the installation is for a date later than three months after the Agreement date any price increases made by the Contractor since the Agreement date will at the Contractor’s discretion become applicable to this Agreement.
The Contractor will not be liable for defective workmanship or faulty materials or for direct or consequential loss or damage whatsoever arising there from , provided that the Contractor will accept liability limited dismantling and reassembling only and for making good any work proved to be defective. Any guarantee condition or guarantee relating to the workmanship or materials implied by law or otherwise are hereby expressly excluded.
The Contractor cannot be held responsible for any instructions other than those written on this Agreement and signed for by the customer.
The Contractor must be informed in writing within seven days of acceptance of order of any changes- alterations- reductions or cancellations. The Contractor also reserves the right to retain any deposits or charge in full for any goods supplied or fabricated.