This Agreement details the provision of electrical works for or on behalf of “The Customer”, by “The Contractor”. It incorporates the Contractor’s offer (‘Quotation’) to form the sole and exclusive basis on which the works are provided. Supplementary agreements are provided for contracts for Consumer Fire and Security alarms and certification and for works of a periodic, testing and inspection nature.
- The Contractor will carry out and complete the following work(s) using reasonable skill and care at either the address of the customer or at the works location address. The customer must, at all reasonable times or as agreed, allow access to the work area, until either a works completion certificate is issued or the works are terminated in accordance with clause 19 or 20.
- The documents that identify, describe, detail or design this work and on which this price is exclusively based, are all listed in the contractor’s offer. The Contractor accepts no responsibility for any drawing, design or specification etc., not prepared by him.
- The Contractor / Customer (Defaults to the Contractor if un-amended) is responsible for getting any necessary Local Authority approvals, liaising with supply / statutory authorities, arranging inspections and testing, organising and paying all fees, charges or disbursements not identified in clause 2 of this agreement. It is the customer’s sole responsibility to notify any third parties who may have an interest in the property.
- The work will be undertaken as expeditiously as possible. Working Hours (unless otherwise agreed beforehand) will be Monday to Friday, 8.00 am to 5.00 p.m. Work not previously priced will first be charged at Daywork rates (see Clause 14). ‘Out of hours’ work will incur additional premium charges at the following rates: Weekends and nights, at the standard Daywork rates (i.e. double time applies), Bank holidays, Easter (4 days), Christmas (23rd December to 3rd January), Double Daywork Rates (i.e. Triple time applies).
- The price of this contract is detailed in the contractor’s Quotation (attached hereto), and is subject to these terms and conditions. If for any reason there is no quoted price, then the Contractor shall be entitled to a reasonable sum based on the Daywork rates mentioned above.
Terms of Payment
- The contract price excludes V.A.T. which will be added to the bill, at the rate prevailing, at the time of invoice.
- This price does not include for any item not specifically identified in the contractor’s quotation, or that could not reasonably be inferred as being necessary to complete the works.
- The customer is aware that the final bill may change from the contract price (see Clauses 4, 13 and 14).
- A deposit of one quarter (25%) of the contract price is required with order. This is refundable if the customer exerts his/her rights under clause 8, of the agreement (see Clause 8 – The Cancellation of Contracts).
- For works where completion is expected within four consecutive weeks, the final balance will become due seven (7) days following the dispatch date of the invoice.
- Invoices for works exceeding four consecutive weeks, will be issued on a four weekly basis and become due seven (7) days following the dispatch date of the invoice.
Recovery of Overdue Amounts
The customer will pay interest and compensation on any overdue amount at the level and rate set by The Late Payment of Commercial Debts (Interest) Act but with a 50% discount.
Right to Cancel – The Consumer Contracts (‘Cancellation’ and additional Charges) Regulations 2013.
- The customer has the statutory right to cancel this agreement within 14 days of signing the contract. He will not then be charged for any goods, services or credit agreements entered into that relate to this contract. The cancellation must be in writing and comply with this clause.
- The contractor is not required to perform the contract until the 14 day ‘cooling-off’ period has passed, except when the customer issues an instruction in accordance with the ‘Instruction to start work during the Right to Cancel Period’ as the form attached – Schedule 1
- The customer may use the ‘Cancellation form’ – Schedule 2, to cancel the contract any time within the 14-day period. It is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. The cancellation notice must quote the contract reference number that appears at the head of this agreement and be sent to the person identified on page one.
- The notice of cancellation must be delivered by hand, posted by first class post, or emailed. There are no obligations to ensure that it is received. The contractor asks the customer, should he wish to cancel, to telephone the contractor to confirm his intentions.
- If the customer cancels this contract during the cooling-off period, then save for where the form Schedule 1 has been employed, the contractor will refund any money paid in connection with the contract. Where cancellation occurs within the 14 day period but after form Schedule 1 has been employed, the refund will be in accordance with clause 8 (f).
- The customer will pay, to the date of cancellation, all costs of goods and services delivered and/or rendered to that date. The contractor may, at his sole discretion, refund the customer the contractor’s purchase cost of recovered stock. All costs to be calculated by reference to Clause 14 Daywork. The contractor agrees to act in ‘good faith’ during the period following the cancellation.
- Cancellation of this contract, under this clause, will also cancel any related credit agreement.
The customer will advise his own building and contents insurer of the nature and extent of the works and any supplementary details the insurer or any third party may require.
- The customer is responsible for liaising with local residents or the general public who may be affected by the works. The contractor will co-operate with all agencies and local authorities acting at the Customer’s request.
- It is the customer’s responsibility to remove and / or protect all furniture, fixtures and fittings likely to be affected by the contractor’s work. The customer will ensure that no item, goods or materials of value, either sentimental or financial, are left on the premises during the period of the works. The customer must appreciate that dust, vibration and noise will accompany the works.
- The customer will provide the necessary facilities of power, water and toilets, with sufficient space to allow the contractor to economically perform both his work and the resultant employee cleaning operations. The Contractor may make alternative toilet arrangements at his sole discretion.
The contractor will undertake all reasonable changes to the work but shall not be obliged to do so without written confirmation of the changes being first provided by the customer. The contractor is entitled to make a reasonable charge for the direct (visible) and indirect (consequential) cost of any change. Changes will be valued in accordance clause 14 of this agreement.
Daywork – Payment for works not included in the contract price will either be:-
- By agreement i.e. priced and agreed before works start or,
- Measured, valued and paid on a Daywork basis. Rates will be applied to all hours committed in the delivery of the additional works and shall be those current at the time that the work is undertaken. They shall comprise the following. The prime cost of such work as defined by the ‘Definition of Prime Cost of Daywork carried out under an Electrical Contract’ issued by the Royal Institution of Chartered Surveyors (R.I.C.S) and The Electrical Contractors’ Association (3rd Edition) with percentage additions as set out in our offer or if the documentation is silent, then at the following additional rates: Labour + 95%, Materials and Goods + 25%, Plant (tools and equipment) at invoice cost or market hire rates including delivery and collection; all + 15%. For the avoidance of doubt travelling time will be charged.
- The contractor will take full responsibility for the work, including any work carried out by his subcontractors. The laying of cables and conduits is by the shortest practicable route. The contractor will put right, at his own expense, any loss or damage caused either by himself or his subcontractors, however whilst reasonable care will be taken, the price does not include for incidental redecoration or other works consequent upon the proper execution of the work. The contractor will also insure against any loss or damage to the work or materials under a contractor’s ‘all-risks’ policy. The contractor will, on request, give the customer appropriate evidence of all such insurances.
- The Contractor will meet legal insurance requirements for the Contractor’s employees; and will provide suitable cover against injury to third parties or damage to third party property under a policy of public liability insurance, to a maximum value of £2 million. The Contractor’s contribution (if any) to any losses, claims or counterclaims suffered or made by third parties, is capped at a maximum value of £1 million, unless otherwise agreed in writing between the Contractor and the Customer.
- The Contractor shall own any rubbish or waste that naturally arises from undertaking the works. The Contractor will ensure that the site is left clean and tidy at the end of every working day and will leave the site, at completion, in a fit and proper state of readiness, in expectation of the customer’s reasonable requirements. The Contractor is responsible for the removal of such waste. The contractor owns any skips, rubbish bins or disposal equipment placed on site for his purposes.
- The Contractor is responsible for maintaining safety on the site, in accordance with legal requirements.
The Customer may end the contract by written notice to the Contractor if the Contractor:
- fails, without reasonable cause, to carry out and/or complete the work with reasonable skill, care and progress; or
- fails, without reasonable cause, to follow the customer’s instructions, for 14 days after receiving a first written notice from the Customer specifying the failure; or
- goes into bankruptcy, administration, C.V.A .or liquidation. In any of such cases, the Contractor must stop working, and another contractor may be employed to complete the agreed works. All unfixed material must be returned, by an appropriate means, to the original contractor. The cost of termination, repatriating materials and employing a new bone fide contractor, to complete the works, will be deducted from any amount due to be paid to the contractor.
The Contractor may end the contract by written notice to the Customer if the customer:
- delays the work for 4 weeks or longer without reasonable cause, except by previous agreement; or
- does not make the agreed stage payments for work that has been completed to the Customer’s satisfaction for 14 days after receiving a written notice that the payment period is overdue; or
- goes into bankruptcy
In any such case the Customer must pay for the work already carried out, as well as for goods and materials legitimately purchased for the work (whether left at the place of work or not). The contractor may credit, at his sole discretion, the value of any unused materials.
The Certification of Work
Work executed exclusively under this agreement will be certified in accordance with statutory requirements; certificates will be issued within fourteen (14) days of completion.
The contractor will follow the ECA Code of Fair Trading. The customer will inform the contractor of any defects, deficiencies or disputes within twenty-eight days from the completion of the works and will permit the contractor, in the first instance, to use his best endeavours to resolve any problems. Subsequent defects etc., should be notified to the contractor within fourteen days of discovery and similarly, the contractor should be permitted access to the property to both view the deficiency and rectify as appropriate or to have the matter equitably brought to his attention. The Electrical Contractors’ Association’s free Complaint Conciliation Service is available thereafter, suitably referenced complaints being addressed to the ECA’s Customer Services Department, Sevenoaks, Kent.
Alternative Dispute Resolution (ADR)
If The Consumer customer remains dissatisfied by the ECA’s Conciliation Service then both parties may consent to refer the matter to a Registered ADR Entity Mediation Provider, whose details will be provided by the Contractor following the consumer’s formal notification that the dispute can, at the consumer’s request, be referred to Mediation. Neither party is required, by the Alternative Dispute Resolution Regulations 2015, to defer to Mediation but if the dispute proceeds to litigation, the Court may make its Award to reflect the actions of the parties.
The Law of England and Wales shall apply to this agreement
The parties to this agreement do not intend that any of its provisions shall be enforceable by any person by virtue of the Contracts (Rights of Third Parties) Act 1999. Any written notice mentioned above shall only be effective when sent by first-class post to, or delivered at, the last known address of the party to whom it is addressed, or when handed personally to that party.