1. For the purpose of these terms and conditions the following words shall have the following meanings:
1.1 "Company" shall mean The Electric Fish Company Limited.
1.2 "Customer" shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials
1.3 "Engineer" shall mean the employee or representative of the Company performing the work to the Customer.
2. The Company reserves the right to refuse or decline work at its own discretion.
2.1 Where the Company agrees to carry out works for the Customer those works shall be undertaken using an Engineer of the Company's choice at its sole discretion.
3. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company and the amount of time spent by the Engineer in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company's current hourly rates and minimum charges.
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.
4. FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including labour and materials.
5. Where a written estimate has been supplied to the Customer the total charge to the Customer should not exceed the time quoted in the estimate by more than 20% but may be revised in the following circumstances:
(a) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(b) if after submission of the estimate there is an increase in the price of materials.
(c) 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.
(d) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
6. The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer and signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
7. Material Collection.
Collection of non-stock items is chargeable but:
(a) Time taken to do so will be kept to a minimum.
(b) The Customer will be informed wherever possible when the Engineer leaves the premises.
(c) If the collection time is likely to exceed 45 minutes the Customer will be additionally informed of the circumstances.
(d) Only one Engineer is allowed to leave the job to collect parts.
(e) The collection of materials which should be normally stocked items is non-chargeable.
(a) For extensive work over £400 (new equipment installation, refurbishment, construction work), a deposit of up to fifty per cent (50%) may, in some cases be required prior to the commencement of the Works. If any outstanding balances are not cleared all the installed material shall remain the property of the Company until all amounts due and owing to the Company have been paid in full. The Company shall be entitled to enter the Client's property at any time to recover material or amend Works that have not been paid for.
- (b) Non-Account Clients: Invoices will be submitted to the Client on completion of the Works and payment must be made to us on completion of the Works. Non -Account Clients who fail to settle accounts on completion of the Works are liable, at the Company's discretion, to incur an interest charge equal to five per cent (5%) of the full invoice value, charged on a daily basis from the date the invoice was raised until full settlement is made. Returned cheques will be subject to a procession charge and in addition the Company reserves the right to make additional administration charge.
(c) Account Clients: All invoices will be submitted to the Client on completion of the Works and payment should be made to the Company on completion, or at the Company's sole discretion, may be made within 14 days of the date of invoice. Invoices remaining unpaid after 14 days from the invoice date will be subject to an interest charge equal to 5% of the invoice value charged on daily basis from the date the invoice was raised until full settlement is made. Returned cheques will be subject to a processing charge and in addition the Company reserves the right to make additional administration charge.
9. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its reasonable endeavours to ensure that the Engineer shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the Engineer or for the late or non delivery of materials.
10. If the Customer cancels their instructions prior to any work being carried out or materials supplied then any deposit paid for the works by the Customer will be non refundable.
11. The Company offers a guarantee (the "Guarantee") on all work performed by its Engineers for a period of 6 months (the "Guarantee Period") from completion of the works. If, within the Guarantee Period, the Customer notifies the Company in writing that it is not wholly satisfied with the works with reasonable justification and detail of why he/she is not wholly satisfied, and subject to the Customer affording the Company and its insurers the opportunity of both inspecting such works, the Company or its insurers undertake to carry out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as stated in this clause 11 then the Company shall not be liable in respect of any defects in the works carried out.
12. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force for materials used.
12.1 The Guarantee will become null and void if the work/appliance 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 and will accept no liability for any consequential damage or fault.
13. The company will not guarantee any work in respect of blockages in waste and drainage systems etc.
13.1 The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Engineer.
13.2 Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made.
13.3 Any non-related faults arising from recommended work which has not been undertaken by the Company will not be covered under this Guarantee.
13.4 The Company shall not be held liable or responsible for any damage or defect resulting from work not covered fully under the Guarantee or where recommended work has not been carried out.
13.5 Work will not carry the Guarantee where the Customer has been notified by the Engineer either verbally or indicated in ticked boxes or in comments on the order form of any other related work which requires attention.
14. Where the Company 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 and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
15. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of both the Company and the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
16. Title 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:
(a) 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.
(b) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time and 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.
(c) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods. Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such insurance.
17. The Company 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 and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
18. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time. These terms & conditions and all contacts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.