For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” means DSLT Electrical Limited.
(b) “The Customer” means the person(s) or organisation for whom the Company agrees to carry out works for and/or supplies materials to
(c) “The Engineer” means the person who will be carrying out the works
The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated engineer(s) of the Company at its own discretion.
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 operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. 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. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
FIXED PRICE WORK is at a set cost which shall be agreed with a binding contract when the estimate/price is accepted, (human errors exempted) the price will include Labour and/or Materials. All costs are plus VAT at the prevailing rate.
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken 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.
The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by either
director or a selected representative of the Company. The Company shall not be bound by any estimates given orally or in which human error has occurred.
Material Collection.
Collection of non-stock items is chargeable but:
(a) Collection time must be kept to a minimum.
(b) The Customer must be informed wherever possible when the operative leaves the premises.
(c) If the collection time is likely to exceed 60 minutes the customer must 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.
Invoices are due for payment 30 days after the invoice was issued to the customer. Any part of that invoice which remains unpaid after these 30 days shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
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 best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non- attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials. However if an engineer is late or does not attend site the appropriate action shall be carried out to help this problem from occurring again.
The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
If, after the Company has carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months of the date of completion to the Company and shall commit an agreed appropriate time scale so that Company, and its insurers, have the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer must accepted that if they fails to notify the Company within the 12 month warranty the Company shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become 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 & will accept no liability for any consequential damage or fault.
The only time that materials will be covered is;
(a) The material(s) selected wasn’t suitable for the installation needs (unless designed by a third party.)
(b) The material(s) can be returned to the wholesaler it was purchased from for a complete exchange (subject to misuse or negligence)
The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the engineer(s) or/and designer(s).
Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The Company shall be entitled to fully recover costs or damages from any engineer(s) or/and contractor(s) whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by both directors and by the Customer. Further, these terms & conditions shall prevail over any terms & 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 & conditions.
Inspection and testing certificates or any other documents, supplied by the Company to the Customer shall not be on pass to the Customer but shall be retained by the Company until a full payment has been received and has cleared into the company’s bank account.
Until such time as the Inspection and testing certificates or any other documents have been passed on :
(a) The Company shall have absolute authority to repossess, sell or otherwise deal with materials etc; (b) The Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, to remove such items if a payment has not been made in full
(c) the Company shall be entitled to seek a court injunction to prevent the Customer from not paying in full or possessing materials or tools owned by the company (including materials that are part of the installation)
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.
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.
The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.