1, Price deposit and payment terms
The price quoted on this Agreement to carry out the works specified on the form overleaf shall be valid for 60 days from the date of the quotation provided that we have not withdrawn or revisited the same prior to your written acceptance subject to:
Us having carried out a satisfactory technical site survey of the installation address
1.2 Unless specifically included the quotation excludes the cost of:
Making good works of decorative finish (such terms to include plastering to a decorative finish, redecoration, wallpapering, painting, and generally re-instatement that may require finishing by an appropriate skilled tradesperson) or for any damage caused by our negligence.
All structure reinforcement required to support and accommodate the proposed installation requirements.
1.3 The quotation, technical site survey, the form and your acceptance shall constitute the “Agreement” and it’s a condition of this Agreement that you shall have obtained all such licences and consents as are required for the lawful undertaking of the works.
1.4 Upon acceptance of the price (“Agreed contract price”) for the specified works (“Agreed Works”) you may be required to pay a 20% deposit of the agreed contract price if requested. Stage payments are normally required for projects that extend past 7 days, if so, this will be highlighted on the quotation.
1.5 Full balance payable on completion
2. Agreed works and variations
2.1 The works to be carried out under this Agreement shall be agreed with you or your nominated representative prior to the commencement.
2,2 Any request by you or your representative for the alteration or additions to the agreed works shall be made in writing (email will suffice). We shall consider the request to vary the agreed works, and in the event that we agree to undertake the work then you shall pay us our agreed additional charges based on the time taken to do the work and materials supplied (unless separately quoted for).
3 Hazardous Materials
3.1 Unless the Agreement specifically provides for otherwise, if materials we consider to be hazardous are found during the agreed works, we shall:
a) Inform you that we have encountered such material; or
b) be entitled to withdraw our staff immediately upon discovery of the hazardous material until the installation address is made safe or terminate this Agreement: or
c) if requested by you and we agree, we shall handle and dispose of such material provided that you agree to pay the additional charges.
4. Title & Risk
4.1 As soon as we have delivered the goods/materials you will be responsible for them.
4.2 Ownership and legal title of the goods/materials or any part thereof shall not pass until payment in full of the agreed contract price has been made.
5. Availability of goods
5.1 Our obligation to complete the agreed works is dependent on the availability of the requested goods and/or materials being available from the manufacturer.
5.2 In the event the manufacturer shall be unable to provide the requested materials and/or goods then we shall;
a) inform you of the same; and
b) provide you with a choice of alternative goods or materials (if possible) of equal standard or quality, whereupon you shall provide us within 7 days of being so informed or either your instructions to proceed or to cancel this Agreement.
6. Date and Completion Date.
Whilst we shall endeavour to adhere to any dates stipulated for the delivery of materials and/or goods and for the installation and completion of the agreed works, such dates are estimates only. In the case of unforeseen circumstances beyond our control, we may not be able to do so. In such circumstances we will contact you and agree an alternative date. You will also do all you reasonably can to enable the delivery, installation and completion to take place on the given dates. In the case of unforeseen circumstances beyond your reasonable control you may not be able to do so. In such circumstances you will contact us and agree an alternative date.
Either you or we may terminate this Agreement in the event that the party in default is in material breach provided that such breach shall have been notified in writing to the defaulting party and has not been remedied within a reasonable time specified in the notice.
8. Force Majeure
We shall not be liable for failure to perform any or our obligations under this Agreement if such failure is due to any event beyond our reasonable control or that or our sub-contractors.
9.1 You must notify us as soon as is reasonably possible about any fault or defect to the agreed works after the damage is discovered.
9.2 Electrical Installation – we guarantee that our electrical installation works shall comply with the regulations for Electrical Installations published by the Institute of Electrical Engineers (current edition) and, subject to payment in full by you of the agreed contract price and clause 9.1 and 9.3 guarantee such part of the works for a period of 5 years from the date of completion of the agreed works.
9.3 Subject to clause 9.1, we shall endeavour to remedy any defect due to our faulty workmanship or defective design at our own cost provided that we shall not be liable to remedy any;
i) damage due to fair wear and tear, improper use, neglect, accident or other failure by you to operate and maintain properly the installation.
ii) repairs or alterations to the agreed works carried out by you or upon your instruction without our prior written approval.
iii) resetting or replacement of a circuit protective device due to circumstances unrelated to the agreed works; and
iv) Lamps or fuses requiring replacement.
9.4 If within 12 months of completion of the agreed works we are satisfied that any appliance or electrical device installed by us is faulty then we may either replace or repair the appliance or the device at our own cost.
9.5 Nothing in these terms and conditions will reduce your statutory rights relating to faulty goods or services provided. If you have any doubts about your statutory rights, please contact your local trading standards department or citizens’ advice bureau.
10.1 This Agreement is personal to you and may not be assigned by you without our prior written consent.
10.2 We may assign all or any part of our rights under this Agreement and sub-contract any of our obligations hereunder without your consent provided that should we assign all or part of our rights under this Agreement, then such assignment shall not prejudice your rights under this Agreement.
Any delay on our part in enforcing any of these terms and conditions or any right or remedy in respect of this Agreement shall not be deemed to be a waiver of any right or remedy whatsoever.
12. Limitation of Liability
Except for death or personal injury caused by our negligent acts or omissions where we shall only be liable for any loss or damage which is reasonable foreseeable consequence of a breach of this Agreement in the event that you are using the installation address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this Agreement can be accepted.
VTK Management Services LTD
T/A VTK Electrical Services
62 Harefield Road
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