An instruction to carry out work, whether written or verbal, shall be taken as acceptance of these terms and conditions unless the work is the subject of another written contract, the terms of which supersede these. These terms and conditions, together with your acceptance will form a legally binding contract.
No amendment or change shall be made to these terms and conditions without our express written approval.
a) The estimate we give is an approximate price, calculated with reasonable care from available information, which may be given as a range or percentage variation. It constitutes an offer to do the work and we will endeavour to keep within the price or price range estimated. Should unforeseeable extra work become involved, the estimate will be subject to change. An estimated price will be used where an exact price is either not required or it is impossible to give due to lack of information.
b) A quotation is an offer to do the work specified at the price quoted. Once either a quotation or an estimate is accepted by you, it is to be taken as a contract between Daniel Gardner Electrical Contracting Limited and you.
c) An estimate or quotation will be costed on the schedule of work prepared from information supplied by you. This schedule is the basis of the contract and it is your responsibility to check the schedule carefully to ensure that it is exactly what you require.
d) Provided your order is placed within 60 days of the date of the quotation, the price contained on the quotation shall be fixed, unless the quotation states otherwise. If your order is not placed in that period, then we will either confirm the terms of the existing estimate or quotation or issue a fresh estimate or quotation as necessary.
e) If delivery and performance are postponed or cancelled before completion at your request or by circumstances within your control, we reserve the right to invoice you for any resulting costs, expenses and labour incurred.
f) We will charge for all work carried out at your request, whether exploratory or otherwise and, in particular, we reserve the right to instruct our employees or agents to work overtime to comply with your delivery requirements, in which case we may charge you the cost of such overtime as an extra cost over and above our estimate or quotation.
a) The price is based on normal working hours, Monday to Friday, unless otherwise stated. Travel time will be included in the cost of works.
b) All possible care will be taken in carrying out the work; this will mean floorboards and access panels screwed back. We do not allow for building work for access or reinstatement, plasterwork or redecoration and you should obtain separate quotations from reputable tradesmen for such work.
Unless otherwise stated in the estimate or quotation all variations in labour and/or material costs subsequent to the date of the estimate or quotation will be passed on to you as an extra charge.
Should variations be necessary and you are not available, and whether or not such variations are carried out in conjunction with other tradesmen, the variation work will be carried out in the manner we consider to best solve the problems and any resultant increase in costs and labour will be chargeable to you, unless this has been expressly forbidden by you in writing. If you have given us such a written instruction, we will not be held responsible for any delay caused by such variations.
a) If the Services are to be carried out on your premises or at your request at some other site, you agree to provide free and safe access to your equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site.
b) Access to any additional facilities to carry out the work we do for you, such as electricity will be provided by you.
c) You will observe and comply with the latest Health and Safety at Work legislation and ensure that the site is safe and without risk to the health and safety of all persons working there. We will not be held liable for any legal and regulatory proceedings, costs and charges in respect of your failure to do so.
a) You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the work we do for you, even if we examine, inspect or comment upon them.
We will not be liable for any resulting costs and expenses incurred as a result of carrying out the said work in accordance with your instructions or your designs, drawings, specifications or other data.
a) Unless otherwise stated in the estimate or quotation, payment shall be due 14 days from the invoice date. All payments will be in pounds Sterling. It is a strict condition that any payment made by whatever means, which is less than the full payment and is purported to be “in full and final settlement” will not be agreed to be such unless you have received prior written agreement from us that this will be the case. Without such prior written agreement, the payment will be accepted as a part payment only and the balance of the full amount will remain due and owing.
b) Should the period of work be extended, monthly invoices for work done and materials supplied or specially ordered and held will be submitted. Payment shall be due 14 days from the invoice date. All payments will be in pounds Sterling.
c) Materials supplied shall remain our property until paid for in full. We reserve the right to enter into your premises to recover our property and you agree that you will not hold us liable for any damage caused by such entry.
d) Unless indicated otherwise, all sums payable under this contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.
e) You will be liable for all costs incurred from failure to pay within the agreed payment terms.
f) If you have any query or if you dispute any issued invoice, you will notify us of this within 14 days of the date of the invoice. If you fail to raise a query or dispute within 14 days of the date of the invoice then you will be deemed to be accepting the said invoice and agree that your right to dispute has expired.
g) Upon payment the invoice will act as the receipt.
a) We shall endeavor to carry out the work in accordance with the dates specified on the estimate or quotation, or if dates are not specified, within a reasonable period of time. However, we cannot be held responsible or liable for any losses, damage or increase in cost due to delays beyond our control.
b) We will not be held liable to you for any failure to perform our obligations under this agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.
We undertake to carry out the work to a standard at least in accordance with such relevant regulations as are in force at the time.
The completed work will carry a 1 year guarantee against faulty workmanship or installation materials. Electronic devices, luminaries and appliances are excluded from this warranty but will be covered by the manufacturer's warranty.
We shall not be liable for damage from external sources affecting the installation or any form of misuse. We shall not be responsible for any losses incurred by you using equipment or the installation, before the handover on completion of work.
The implementation of this guarantee shall only be carried out by us. No responsibility is accepted for repairs or alterations effected by anybody else and you agree that this will invalidate our guarantee.
You cannot cancel the contract where the value of the contract is less than £40.
You do not have the right to cancel this contract if we are carrying out emergency works that you have explicitly asked us to carry out immediately and the payment made by you is less than £150. In relation to any additional work that we carry out, that is not classed as emergency work, you will still have the right to cancel those elements of the work; in accordance with your cancellation rights set out below.
You have the right to cancel this contract within 14 days, without giving any reason. The cancellation period will start from the day on which you acquire, or a third party other than the carrier, on your behalf acquires physical possession of the goods required for your work, or 14 days from the date of your acceptance, whichever is the later date.
To exercise the right to cancel, you must inform us in writing at:
20 Drumdryan Place
Cupar
Fife
KY15 5JJ
Or email info@dgec.co.uk
To meet the cancellation deadline, it will sufficient for you to send your cancellation instruction with proof of posting before the end of the cancellation period.
Subject to 1 e) above, if you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (where applicable). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by you. We will make the reimbursement without undue delay, and not later than 30 days after the day we receive back from you any goods supplied or, if earlier, 30 days after the day you provide evidence that you have returned the goods or, if no goods were supplied, 30 days after the day on which you inform us of your decision to cancel.
We will make the reimbursement by BACS payment, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the return of any goods already supplied.
Contract – You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. This deadline is met if you send back the goods before the period of 14 days has expired. You will be liable for any cost of returning the goods.
Service – If you have instructed us to begin the performance of services during the cancellation period, you shall pay us an amount which is relative to what we have performed prior to your cancellation notice. The amount will be calculated on a reasonable estimate of the work carried out to date or as a reasonable percentage of the full amount estimated or quoted as we at our sole discretion shall decide.
You are liable for any diminished value of the goods resulting from the handling other than which is necessary to establish the nature, characteristics and functioning of the goods.
