Terms & Conditions
1. GENERAL TERMS AND CONDITIONS OF CONTRACT FOR DOMESTIC AND COMMERCIAL INSTALLATIONS.
The following terms shall have the following meanings: -
“Builders Work” Demolition, ducting, making good holes in the fabric and excavation work
“Client” “Completion” the person to whom the Quotation/Estimate is addressed.
“Conditions” The date of which the Works are handed over to the Client for their use.
“James Fox Electrical Services”
“ the Client as the context admits and “Parties” shall mean both of them.
“Premises” The office site land and building at which the works are to take place.
“Quotation” The quotation submitted by James Fox Electrical Services and accepted by the Client
“Estimate” The estimate submitted by James Fox Electrical Services and accepted by the Client
“Works” The installation of the item/s listed in the quotation at the site
“Skilled Person” A person with technical knowledge or sufficient experience to enable him/her to avoid dangers which electricity may create.
2. ACCEPTANCE OF QUOTATION AND EXCLUSIONS
(A) The Quotation/Estimate is subject to acceptance, unless previously withdrawn, for a period of 30 days from the date of the Quotation/Estimate and is strictly net. No contract shall come into existence until the time when the Quotation/Estimate is accepted by the Client, the Client shall not be able to accept the Quotation/Estimate where it is withdrawn pursuant to this condition.
(B) These conditions shall be incorporated in the Contract to the exclusion of any terms and conditions stipulated or referred to by the Client or which may be contained in any previous communications or negotiations relating to the Works save as may be specifically referred to in the quotation.
(C) The quotation excludes Builders Work, making good, boring holes through walls to accommodate pipe, ductwork, cables, trunking etc. and any structural reinforcement to support and accommodate any proposed plant or equipment unless specified in the Quotation/Estimate.
3. EXECUTION OF THE WORKS AND CLIENTS OBLIGATIONS
(A) Unless otherwise specifically stated in the Quotation/Estimate the Quotation/Estimate has been given on the basis that the Works shall be carried out;
(i) during normal working hours and if overtime is worked at the written request of the Client it shall be paid for as an extra to the contract;
(ii) in a progressive and uninterrupted manner and if at any time this is impeded through no fault of James Fox Electrical Services. The Client shall pay any additional costs incurred.
(B) The Client shall be responsible for the following matters at their cost alone;
(i) obtaining all necessary consents, licenses, permissions (including, without limitations, Planning Permission and where appropriate listed building consent) and all other approvals statutory or otherwise required for the lawful undertaking of the Works; and
(ii) obtaining all necessary and providing carriage to and at the Site for James Fox Electrical Services personnel, sub-contractors, vehicles, and equipment; and
(iii) the supply of drawing indicating the location of all existing services at the Site; and
(iv) the provision of weather-proof secure storage facilities at the site for all equipment and materials used or to be installed by James Fox Electrical Services pursuant to the Works; and
(iv) ensuring that the conditions of the Site is suitable for the carrying out of the Works; and
(vi) where requested by James Fox Electrical Services providing a report in respect of the Site prepared by a structural Engineer; and
(vii) curing all defects in buildings at the site, which are required by James Fox Electrical Services to be remedied prior to the Works commencing or continuing (as the case may be).
(viii) Arranging for the undertaking of all builders work within time scales and as required by James Fox Electrical Services in order to enable the Works to commence or continue (as the case may be) save where such Builders Work is expressly included in the Quotation.
(ix) Removal or mitigation of risks identified as “Danger present – risk of injury” within Electrical Installation Condition Report or costs incurred by James Fox Electrical Services personnel in removal or mitigation of these risks.
(C) Adequate facilities shall be provided by the Client for the economical execution of the Contract and the Works. These shall include (without limitations) access to the Site and if required, the free use of a lock-up store.
4. DISTURBANCE OF REGULAR PROGRESS AND FORCE MAJEURE
James Fox Electrical Services shall not be responsible for any delay or prevention in its execution of the Works by reason of circumstances beyond James Fox Electrical Services control including (without limitation) labour disputes (whether of James Fox Electrical Services workforce or that of the Client or any third party), lack of instruction by the Client or its agent, fire, accident, shortage of material or delays in deliveries and if any delay involves loss or expense to James Fox Electrical Services the Client will pay an amount to James Fox Electrical Services equivalent to that loss of expense.
The Quotation/Estimate covers only the items specifically referred to in it. Position of plant and equipment and its layout are to be agreed by James Fox Electrical Services in writing with the Client before the Work commences. Subsequent alternations for additions carried out on instructions of the Client or its agent will, if the additional works involve expenses, be charged as extra work under the Contract and additional to the Quotation/Estimate. All instructions from the Client or its agent must be provided in writing. The Contract may only be varied by written agreement signed by both parties.
Without prejudices to any other right or remedy available to it, James Fox Electrical Services retains the right to claim for loss of profit should the Client or its agent seek to exclude any work from the Contract which is provided for within the Quotation.
(A) Interim accounts will be rendered on a weekly basis up to the full value of the Works executed at the time of rendering the account. Goods and materials delivered to the Site and those specifically ordered and held by James Fox Electrical Services for the Works may also be included in the interim accounts. Payment of interim and final accounts shall be made within 14 days from the date of invoice/ application for payment. The Client shall pay interest on any amount due from the date on which payment was due to that when it is received by James Fox Electrical Services (both days inclusive) whether or after judgment on a daily basis at a rate of 4% per annum above Barclays Bank Plc base rate as quoted from time to time and the Client shall reimburse James Fox Electrical Services with all costs and expenses incurred by James Fox Electrical Services in the collection of any overdue amount.
(B) If the Client fails to make payment within the time specified James Fox Electrical Services shall entitled to suspend the execution of the Contract James Fox Electrical Services and the Works without prejudice to any other available to and/or treat the Contract as terminated and be paid the amount of any loss or expense suffered by James Fox Electrical Services caused by such suspension or termination including (without limitation) loss of profits.
8. MATERIALS AND DELAYS
(A) The completion of the Contract and the Works is dependent upon the necessary materials being available and every endeavour will be made to use the materials specified. In the event of material specified not being available when required James Fox Electrical Services reserves the right consistent with good practice to substitute other suitable materials.
(B) Any delivery dates or completion dates stated in the Quotation/Estimate regarding the Works or any part thereof are approximate dates only based upon information available to James Fox Electrical Services at the date of the Quotation/Estimate and on the basis of timely supplies to James Fox Electrical Services and clear instructions from the Client. James Fox Electrical Services shall not be liable for delays in meeting any such delivery or completion dates.
9. PROPERTY AND RISK
(A) All goods and material supplied on behalf of James Fox Electrical Services (whether fixed or unfixed) shall remain the property of James Fox Electrical Services until all sums payable by the Client under the contract have been received in full, but any such materials shall be at the Clients risk as soon as delivered to the Site.
(B) Until such time as the property in the goods and materials supplied as stated in Conditions 9(A) passes to the Client, the Client shall hold the goods and materials as James Fox Electrical Services fiduciary agent and bailee and shall keep the goods and materials separate from those of the Client and third parties and property stored, protected and insured and identified as James Fox Electrical Services property. The Client shall not be entitled to re-sell or use such goods and materials.
(C) Until such time as the property in the goods and materials supplied as stated in Conditions 9(A) passes to the Client (and provided the same are still in existence and have not been re-sold) James Fox Electrical Services shall be entitled at any time to require the Client to deliver up the goods and materials to James Fox Electrical Services and, if the Client fails to do so forthwith, to enter upon any premises of the Client or any third party where the goods and materials are stored and repossess the goods and materials and the Client hereby grants James Fox Electrical Services an irrevocable License to this which shall not be effected by the termination of the Contract for any reason.
(D) The Client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods or materials which remain the property of James Fox Electrical Services but if the Client does so all Monies owing by the Client to James Fox Electrical Services, shall (without prejudice to any of James Fox Electrical Services other rights or remedies) forthwith become due and payable.
10. PRICE ADJUSTMENT
Whilst every endeavour will be made to maintain the price quoted/estimated in the quotation/estimate it is based upon materials and labour costs prevailing at the date of the Quotation/Estimate. The quoted price will be subject to variation up or down by any rise or fall in material and labour costs which occur subsequent to the date of the Quotation/Estimate unless otherwise expressly stated in the Quotation/Estimate.
Any electrical installation comprised within the Works will be installed in accordance with the current edition of The Institution of Engineering and Technology Requirements for Electrical Installations. All works and reports will assume the installation is not under the control of a skilled person as discussed in the current edition of The Institution of Engineering and Technology Requirements for Electrical Installation unless advised in writing to the contrary.
(A) Save as specified in Condition 13
(B) James Fox Electrical Services guarantees the Works (including goods and materials supplied by it and incorporated in the Works) against defect from faulty manufacturer or workmanship for 6 years from completion. During such guarantee period repairs will be carried out at no charge provided that the goods and materials have not been misused or damaged and (i) no work whatsoever has been done to the goods other than the staff of James Fox Electrical Services or its appointed agents and (ii) the goods and materials have been regularly serviced and maintained in accordance with the recommendations of James Fox Electrical Services and of the manufacturer. The cost of both labour and materials are covered by this guarantee.
(C) James Fox Electrical Services does not give any warranty or representation regarding the noise parameter of any equipment, goods or materials operating either internally or externally installed pursuant to the Works.
13. LOSS OR DAMAGE
(A) Neither James Fox Electrical Services nor any of its officers, employees or agents shall be liable to the Client for any loss whatsoever whether in contract or in tort otherwise except death or personal injury resulting from negligence.
(B) Any damage caused to the Works undertaken by James Fox Electrical Services, including all portable and fixed items prior to completion.
(C) Without Prejudice to the generality of the foregoing James Fox Electrical Services shall not in any circumstance be liable to the Client for any loss of profit, loss of revenue, loss of use, loss of contract or loss of goodwill or any direct or any indirect or consequential loss or any other loss or damage whatsoever.
14. HEALTH AND SAFETY AT WORK
The Client shall advise James Fox Electrical Services of the existence of asbestos and other hazardous or toxic substances within the working areas where the Works are to be carried out and the Client shall fully comply within the statutory requirements of the Health and Safety at Work Act.
(A) If any dispute or difference concerning the contract shall arise between the Client and James Fox Electrical Services which cannot be resolved within 90 days of such question, dispute or difference arising, the matter shall be referred to a mutually agreed arbitrator, or failing agreement within 14 days of the expiry of such 90 days period, so to some other person appointed by the President for the item being of the Royal Institute of Chartered Surveyors.
(B) The Provisions of the Arbitration Act 1996 or any subsisting statutory modification or re-enactment therefore shall apply such arbitration. Work under Contract shall, if reasonably practical, continue during the arbitration proceedings and no payments stated in the Contract or in these Conditions to be due or payable by the Client shall be withheld on account of such proceedings.
16. AVAILABILITY OF SUPPLY
If the Client requires either a new electricity supply or reinforcement of its existing supply to the site it should make arrangements. Any negotiations, terms and conditions relating to the provision of such new reinforced supply shall be arranged without prejudice to the Contract and James Fox Electrical Services entry into the contract does not guarantee nor imply availability of such new reinforced supply.
17. EXISTING INSTALLATION
Unless specifically stated to the contrary, the Quotation/Estimate excluded any work required for rectifying any defects whatsoever in any existing installations at the Site which rectification shall not be the responsibility of James Fox Electrical Services under the Contract.
18. ENTIRE CONTRACT
These Conditions and the Quotation/Estimate embody the entire understanding of James Fox Electrical Services and the Clients in connection with the Contract and there are no promises, terms, conditions, warranties or obligation, oral or written, express or implied other than those contained, or expressly referred to in these Conditions or the Quotation.
The waiver by James Fox Electrical Services of any breach of any terms of the Contract shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
Any notice to be given under the Contract shall be in writing and sent by facsimile transmission or forwarded by first class recorded delivery letter post to the receiving Party at it’s facsimile number or business address (as the case may be) as last notified in writing to the other Party and shall be deemed to have been given on the day of the successful facsimile transmission or on the day following that on which the notice was posted.
21. ASSIGNMENT AND SUB-CONTRACTING
(A) James Fox Electrical Services may sub-contract the performance of the Contract in whole or in part.
(B) The Contract is between James Fox Electrical Services and the Client as principal and although James Fox Electrical Services may assign the same, the Contract shall not be assignable by the Client.
22. LAW AND CONSTRUCTION
(A) The Contract shall be governed by English Law and the Parties hereby submit to the non-exclusive jurisdiction of the English Courts.
(B) The headings of Conditions are for convenience or reference only and shall not affect their interpretation.
The following terms and conditions relate specifically to the PAT (Portable Appliance Testing) services carried out by James Fox Electrical Services and its partners.
All Portable Appliance Testing will be carried out in accordance with the Institute of Electrical Engineers (IEE) Code of Practice for In-Service and Inspection and Testing of Electrical Equipment 4th Edition.
2) Client contact
A competent or responsible person shall be provided by the client to meet our James Fox Electrical Services test engineer, to advise on any site safety information needed and any potential hazards when working at the customer's premises and to also ensure the availability of appliances for testing.
3) General Liability
James Fox Electrical Services accepts no liability for injury, loss, damage or loss of stock for appliances that are made available or are inaccessible during the agreed testing/inspection period.
4) Client Data
The client must ensure that any critical information or data has been protected or backed up prior to the start of the inspection and testing, the client must check fridges, freezers, chillers, security equipment, and sound equipment is operational after testing.
5) Public Liability
James Fox Electrical Services provides insurance cover for public liability. James Fox Electrical Services or its operatives will accept no liability for the business interruption, loss of data or business information, loss of stock, losses to business related services or loss to business profits.
6) Faulty Appliances
James Fox Electrical Services accepts no liability for injury, loss or damage for appliances that are found to be faulty before or after the inspection and testing.
James Fox Electrical Services assumes the client understands the nature and the risk of the tests conducted on the appliances and the inspection and testing is carried out solely at the clients own risk.
8) IT Equipment (File Servers, Mail Servers Etc.)
Systems such as file servers, mail servers, network switches/hubs and telecommunication equipment will not be inspected or tested by James Fox Electrical Services without the express permission of the client. In case of this equipment not being able to be switched off these items will receive a formal visual inspection only. The client shall ensure that any critical information or data has been protected or backed up prior to the start of the inspection and testing.
9) Powering Down IT Equipment
IT equipment will not be shut down by James Fox Electrical Services unless express permission by the customer and James Fox Electrical Services will not undertake the reboot or start-up procedures of IT equipment, this will be the responsibility of the client.
10) Telecommunication Equipment, (PABX, ISDN boxes, etc.)
These systems will not be unplugged to be tested as they are supplied by the telephone companies and once installed are rarely switched off. The appliances will receive a formal visual inspection only.
11) Memory or Programmable Appliances
Equipment such as video recorders, clocks, central heating system timers, and burglar alarms, etc. That lose their programmed memory when disconnected from the mains electrical supply, will only be unplugged and tested by James Fox Electrical Services with the express permission of the client, and it will be the responsibility of the client to arrange for the reprogramming of this equipment, if necessary.
12) Access of Appliances
Equipment can only be tested if James Fox Electrical Services have easy access to its plug. If the plug is inaccessible, for example behind heavy, awkward objects, then the equipment will not be tested.
13) Access to buildings and other areas
All rooms, offices, buildings must be unlocked to gain access in order to test appliances. James Fox Electrical Services reserve the right to charge their non-productive hourly rate if the engineer has to wait for room to be opened or unlocked.
14) Minimum Charge
A minimum invoice charge of £49.95 will be applied to each location.
A location is defined as an area where the test sites are adjacent to, or within 250 meters of each other.
15) Invoices & Payments
All invoices will be sent to a valid e-mail address in PDF format.
Payment terms are 30 days from invoice unless previously agreed in writing. If clients do not have an account with James Fox Electrical Services invoices must be settled before certificates can be released
16) Cancellation Charges
James Fox Electrical Services reserves the right to charge a cancellation fee of £49.95 if less than 48 hours notice is provided. If the job is cancelled on the day of the scheduled testing or the premises are closed or the engineer cannot gain entry a fee of £150.00 will be charged.
17) Non Productive Work/Testing
James Fox Electrical Services reserves the right to charge an hourly rate of £35.00 per hour for non-productive time where the engineer is unable to perform testing due to circumstances outside of the control of James Fox Electrical Services