1.1, The Company – RF Cox & Son Electrical Services Ltd & Persons appointed by RF Cox & Son Electrical Services Ltd. Registered Address:- Sherwood House 41 Queens Road Farnborough Hants GU14 6JP
1.2, The Customer – The person or persons name(s) that appears on all forms as “The Customer”.
1.3, The Site – The Address of which work is to be undertaken.
1.4, The Work Area – The area deemed by “The Company” on “The Site” to allow the execution of the contract.
1.5, The Authorities – refers to “The Customers” Local County Council’s Building Control Officer.
1.6, The Contract – When “The Customer” signs “The Company’s” copy of the estimate; this will be deemed as acceptance of the terms & conditions in their entirety. “The Contract” remains intact if alterations on the job sheet are counter signed by “The Customer”.
1.7, Signing “The Contract” – this can be done by an email confirming acceptance of the estimate, or actually signing an estimate. Verbal acceptance will be confirmed in writing.
1.8, Contract Date – is the date “The Customer” signs “The Company’s” estimate.
1.9, “Staged Payments” – May be required if the work to be undertaken deems it necessary to limit “The Company’s” risks to suppliers & sub contractors.
1.10, “Agent & Contractors”- are third parties acting on behalf of “The Company” at “The Companies” discretion, from time to time.
2.1 These Conditions shall be deemed to be incorporated in all contracts of the Company and in the case of any inconsistency with any order, letter or form of contract sent by the Client to the Company or any other communication between “The Client” and “The Company” whatever their respective dates may be the provision of these Conditions shall prevail unless expressly varied in writing and signed by a director on behalf of “The Company”.
2.2 Any concession made or latitude allowed by “The Company” to the Client shall not affect the rights of “The Company” under “The Contract”. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to “The Contract” the remaining Conditions shall continue in full force and effect.
2.3 Headings are for ease of reference only and do not affect the construction of these Conditions. Unless otherwise stated, a reference to a clause is a reference to a clause of these Conditions.
3. Legal Requirements
3.1, Under the requirements of Health & Safety at Work Act 1984, as amended Smoking is prohibited within “The Site”, 1 hour prior commencing & during work being carried out by “The Company”. Failure to comply with this legislation may cause delay in commencement &/or completion of “The Contract” which may incur additional cost, as determined by “The Company”, to be met by “The Customer”.
3.2, Under the Health & Safety at Work Act 1974, as amended ; in regards to lifting & handling “The Customer” with adequate notice shall as far as reasonably practicable empty room or rooms as needed to facilitate “The Company’s” progress in completion of the installation, with little to no risk of injury to “The Company”.
3.3, “The Customer” shall at all times be vigilant & responsible for the safety of themselves & the safety of persons or animals in their charge.
3.4, Under Part K of the Building Regulations when “The Company” is on “The Site” the property will be subject to restricted access; visitors should be kept to a minimum. “The Customer” must follow any instructions given by “The Company” in regards to restriction of movement through or around “The Work Area” for their own safety. “The Customer” remains responsible for the welfare of guests, animals & themselves.
3.5, Risk assessments & method statements are available from “The Company” if “The Customer” wishes to receive a copy they will need to formally request them from “The Company”.
3.6, “The Customer” is responsible for the notification of any & all works that require notification to the “The Authorities”; with the exception of the work detailed in “The Contract”.
3.7, If “The Authorities” are required to be notified under section P of the Building Regulations, “The Company” will liaise with them.
3.8, Any fees charged by “The Authorities” will need to be met by “The Customer”.
3.9, “The Customer” issue of a purchase order will be confirmation of acceptance of “The Company’s” terms and conditions.
4.1, All work under taken as detailed in “The Contract” will conform to the latest edition of “Institute of Electrical Engineers Wiring Regulations” & The Building Regulations incorporating the relevant aspects in Parts A, B, C, E, F, K, L, M & P.
4.2, “The Company” may use agents and contractors to execute “The Contract”, where so, they will be vetted to ensure “The Company’s” high standards will be met. And that they are Insured & accredited with the relevant bodies.
4.3, If required the disposal of hazardous materials will be done in conjunction with Part D of the Building Regulations.
4.4, Material will be recycled on site where “The Site” has facilities to do so.
4.5, “The Site” will not be subjected to the storage of materials that require special handling under COSHH therefore Part J of the Building Regulations, is satisfied.
4.6, COSHH reports for all aerosols, solvents, adhesives & lubricants used by “The Company” are stored at the head office for reference as required under Part J of the Building Regulations.
4.7, “The Company” will endeavour to reinstate “The Customers” property as near to pre-existing conditions as possible. However, in certain circumstances this will not be physically possible, or may not meet the requirements of “The Customer” for example, decoration or floor surfaces. Such items such as carpet, tiles, wood etc may need reinstating, by a third party. This is the responsibility of “The Customer” & “The Company” will endeavour to draw attention to these points when surveying for the estimate. Costs of this reinstatement will need to be met by “The Customer”.
4.8, “The Company” have an extended warranty available for purchase through our website. www.rfcses.com/elecsa.html
5. Omissions or Addition to Estimate
5.1, Any deviation from “The Contract” will be detailed onto the job sheet section three & continued overleaf as needed.
5.2, “The Company” will undertake to make “The Customer” aware of any changes to the cost incurred by the variations which will be entered onto the job sheet.
5.3, This job sheet will be signed by “The Customer” prior to any of the additional work being carried out this will then form part of this contract.
5.4, Only such work as agreed in “The Contract” will be undertaken by “The Company”.
5.5, If the extent of the additional work is larger than “Minor Works” as detailed in the latest edition of “Institute of Electrical Engineers Wiring Regulations”. Then the work will need to be rescheduled for an appropriate date in the future so as not to affect “The Customer” or “The Company’s” prior arrangements.
6.1, “The Customer” is required to pay “The Company” within fourteen days from the date of the invoice.
6.2, Methods of Payment;
6.2.1, BACS (internet payment) to Sort Code 09-01-27 Account Number 82272759.
6.2.2, Cheque’s made payable to RF Cox & Son Electrical Services Ltd.
6.2.3, Cash payments are only accepted in person.
6.3, When “The Contract” value exceeds £10,000 or the duration of a project exceeds four (4) weeks the following provisions shall apply:
Certificates of Payment – Unless otherwise agreed “The Company” may make application to the Client for certificates of payment in the form of an invoice in respect of: i) Goods delivered or shipped and en route to the Client; ii) work executed; iii) claims for additional payment in accordance with these Conditions. Application for interim certificates of payment may be made at regular stages of a project. Application for final certificate of payment shall be made on project completion. Terms of Payment – “The Contract” price shall be paid to “The Company” by the Client in the following manner: i) 25% of “The Contract” price as an advance payment on account upon acceptance by “The Company” of the Client’s order; ii) on presentation of
each certificate of payment with payment due in accordance with clause 6.1.
6.4, “The Company” does not accept any responsibility for payments lost or delayed in the post.
6.5, Failure to meet payment on demand will result in “Statutory Interest” being charged. Interest will be charged at the full invoice value and part payments will not affect the interest charged. This is in accordance with the “Late Payment of Commercial Debt Act 1998” & “Late Payment of Commercial Debt (Interest) Act 1998”.
6.6, After 30 days from the date of invoice “The Customer” will no longer be contacted by “The Company”. “The Company” will instruct a third party to recover the debt; the subsequent costs incurred by this other company will also need to be met by “The Customer”.
6.7, All materials supplied by “The Company” remain the property of “The Company” until full payment is made by “The Customer”.
6.8, Where payment is overdue “The Company” may (without prejudice to any of its other rights) recover and resell the Goods and “The Customer” hereby irrevocably licenses “The Company” or any of its agents to enter upon any premises where the Goods are stored or are reasonably thought to be stored for the purpose of such recovery and/or resale. Additionally “The Company” reserves the right to charge an appropriate amount (up to a maximum of the original invoiced amount) for any such goods that are removed from “The Customer’s” premises due to non-payment which are subsequently found not to be in a fully re-saleable and as new condition. This includes any packaging and associated documentation originally provided with the goods.
6.9, All invoices shall become immediately payable upon the commencement of any act or proceedings in which the solvency of “The Customer” is involved.
6.10, Any extension or credit allowed to “The Customer” may be changed or withdrawn at any time.
6.11, The time of payment shall be of essence of “The Contract”.
6.12, “The Company” is entitled to charge interest at 8% above the Current Base Rate of Barclays Bank Plc on overdue payments to run from the due date for payment thereof until receipt by “The Company” of the full amount whether before or after judgement.
6.13, “The Company” reserve the right to add any cost incurred, in the pursuit of payment to the amount owed.
7. Credit Notes
7.1, The redemption of Credit Notes can only be done against future work carried out by “The Company”.
7.2, There is no cash alternative to a Credit Note.
7.3, If upon redeeming the Credit Note, the cost payable for the work exceeds the Credit Note value, “The Customer” will need to pay the difference.
7.4, All Credit Notes are valid for 12 months from the issue date as noted on the top of the Credit Note.
7.5, It is “The Customer’s” responsibility to redeem the value placed on the Credit Note within that time frame. “The Company” is unable to extend Credit Notes beyond the expiry date. Expired Credit Notes cannot be used for purchases or otherwise redeemed.
7.6, “The Customer” is responsible for the safety and use of the Credit Note. “The Company” will not be held responsible for lost or stolen or damaged Credit Notes. Credit Notes are to be treated like cash; defaced, altered, lost or stolen credit notes will not be replaced, refunded or redeemed.
8. Termination of Contract
8.1, “The Contract” can be terminated by “The Company” if “The Customer” causes delays in execution of “The Contract” in excess of 28 Days following the “Contract Date”, without due cause.
8.1.1, Due cause will be determined by “The Company” on each case’s merits. In such cases “The Contract” is terminated clause 8.3.1 comes into effect.
8.2, “The Customer” can be released from “The Contract” with no penalties; If notice is given to “The Company” by one or more means eg Telephone, Letter, Fax or Email within 24 Hrs of “The Contract” becoming legal. As all materials required for the job will be purchased thereafter.
8.3, “The Contract” can be terminated by “The Customer” for any reason with one weeks’ notice; Prior to the commencement of work.
8.3.1, A fee of 25% of the total estimate will be made to cover costs of administration and the return of any goods to suppliers.
8.4, These Terms and Conditions do not affect your statutory rights, but are designed to run in harmony with.
9. Governing Law
These Conditions shall be governed by and construed in accordance with the laws of England. Any disputes arising in connection with these Conditions shall be determined by the English courts only following best efforts by senior representatives of the parties to resolve the dispute without recourse to legal proceedings. Any notice given must be in writing.