Terms &
Conditions
Please read all these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01723 449667.
Application
- These terms and conditions will apply to the purchase of the services and goods by you (the Customer or you).
- We are THEM Electrical Installations Ltd a company registered in England and Wales under number 15367684 whose registered office is at 60 Stonegate, Hunmanby, North Yorkshire, YO14 0NS with email address info@tei-ltd.co.uk telephone number 01723 449667 (the Supplier or us or we).
- These are the terms on which we sell all services to you. By ordering any of the services, you agree to be bound by these terms and Conditions.
Interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the services;
- Delivery Location means the supplier's premises or other location where the services are to be supplied, as set out in the order;
- Goods means any goods that we supply to you with the services, of the number and description as set out in the order;
- Order means the customer's order for the services from the supplier as set out overleaf;
- Services means the services, including any goods, of the number and description set out in the order.
Services
- The description of the services and any goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any goods supplied.
- In the case of services and any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services are subject to availability.
- We can make changes to the services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer Responsibilities
- You must co-operate with us in all matters relating to the services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a customer default which entitles us to suspend performance of the services until you remedy it or if you fail to remedy it following our request, we can terminate the contract with immediate effect on written notice to you.
Basis of Sale
- The description of the services and any goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the services or goods.
- When an order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
- A Contract will be formed for the services ordered, only upon the supplier sending an email to the customer saying that the order has been accepted or, if earlier, the supplier's delivery of the services to the customer.
- Any quotation or estimate of fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
- An Electrical Condition Report (ECR) is solely a report and not a pass.
- No variation of the contract, whether about description of the services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.
- We intend that these terms and conditions apply only to a contract entered into by you as a Consumer where we, the supplier and you the customer, enter the contract at any of the supplier's business premises, and where the contract is not a contract (i) for which an offer was made by the customer in the supplier's and the customer's simultaneous physical presence away from those premises, or (ii) made immediately after the customer was personally and individually addressed in the supplier's and the customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
- The fees for the services, the price of any goods (if not included in the fees) and any additional delivery or other charges is that set out in our price list current at the date of the order or such other price as we may agree in writing. Prices for services may be calculated on a fixed fee or on a standard rate basis.
- Payment for services must be made within 14 days of invoice.
- Stage payments for projects of size or time may be required and will be discussed and agreed and put in writing.
- Late payments will be subject to 5% monthly interest of total after the 14-day invoice period.
- Materials once delivered to site are due to be paid by the customer unless agreed otherwise.
Delivery
- We will deliver the services, including any goods, to the delivery location by the time or within the agreed period or, failing any agreement:
- in the case of services, within a reasonable time; and
- in the case of goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the contract is entered into.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the services at the delivery location, we may charge the reasonable costs of storing and redelivering them.
- The goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonably practicable, examine the goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.
- You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
- All work that has been carried out by THEM Electrical Installations Ltd that is damaged/stolen by a third party or yourself, we are not liable. For example, Natural Disasters, third party contractors/businesses, friends/family, children and animals. Payment in full would still be required by the invoice due date.
Withdrawal and Cancellation
- You can cancel the contract except for any goods which are made to your special requirements by telling us no later than 14 calendar days from the day the contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those goods and services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective goods or services.
Conformity and Guarantee
- We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the services with reasonable skill and care.
- We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the goods. This guarantee will take effect at the time the goods are delivered.
- The following after-sales services will be available at an additional cost
- Inspection and Testing, Maintenance, Remedial work.
- In relation to the services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the services, is a term of the contract (which we must comply with) if you take it into account when deciding to enter this contract, or when making any decision about the services after entering into this contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this contract or later).
Duration, Termination and Suspension
- The contract continues as long as it takes us to perform the services.
- We may terminate the contract or suspend the services at any time by a written notice of termination or suspension if you
- commit a serious breach, or series of breaches resulting in a serious breach, of the contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Privacy
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These terms and conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found attached to our estimates / quotations or we can email it.
- For the purposes of these terms and conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
- 'GDPR' means the UK General Data Protection Regulation.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we process in providing the services and goods to you.
- Where you supply personal data to us so we can provide services and goods to you, and we process that personal data in the course of providing the services and goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting personal data, we will identify the purposes for which information is being collected;
- we will only process personal data for the purposes identified;
- we will respect your rights in relation to your personal data; and
- we will implement technical and organisational measures to ensure your personal data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: themelectrical@gmail.com.
Successors and Our Sub-contractors
- Either party can transfer the benefit of this contract to someone else, and will remain liable to the other for its obligations under the Contract. The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customer's above rights relating to delivery and the right to cancel.
Excluding Liability
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a consumer - because we believe you are not buying the services and goods wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
- The contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
- We try to avoid any dispute; we deal with complaints as follows: If a customer is unsatisfied with the services, we have provided they should contact us within 10 days of delivery so we can discuss potential solutions.
- We aim to follow these codes of conduct, copies of which you can obtain as follows:
- BS 7671 18th edition wiring regulations (current amendment) & relevant guidance notes
- Electricity at work regulations 1989
- The Health and Safety at Work Act 1974
- Buildings regulations & Approved documents
Last Edited: 25/08/2024