Terms & Conditions
- "Services" means the engineering and associated services relating to the Customer's Equipment as set out in the proposal specified in our quotation or other agreed documents or discussions between us.
- "We", "us" and "our" mean the Matthews Electrical providing Services to you.
- "You" and "your" mean the person or company to which we are providing Services.
- "Customer's Equipment" means the equipment or material belonging to you, or for which you request us to provide services.
- Matthews Electrical is a trading name for Mr. M. Scott-Chalmers.
- Effective Date is date on which you place the order for the goods and or Services.
2. INSTALLATION WORK:
- All electrical installation work will comply with the current BS7671 Wiring Regulations and any amendments in force at the time of the works.
- All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
- Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations. Any works found required to bring the necessary parts of the existing installation up to standard will be at additional cost.
- Unless stated otherwise, all cables will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling will be neatly surface run, either clipping direct or housed in trunking / conduit.
- Where carpet or flooring coverings may require lifting to allow concealed installation work, no charge is made for this service, with best endeavours being made to avoid damaging them and to refit them to an acceptable standard. However, consideration of employing a specialist fitter may be prudent, at your cost to effect a fully satisfactory reinstatement.
- Where agreed before hand, chases to walls, etc will be re-filled to just below the original plaster finish depth, however final finishing of skim coat plaster and final decoration is excluded.
- All endeavours will be made to undertake installation work to a clean standard, using dustsheets and vacuum cleaning equipment as necessary.
- The contract outlines the expected duration of the installation work.
- Whilst undertaking the installation work at the property, the client is required to provide drinking water, WC facilities and power free of charge.
We agree as follows:
- To try to undertake and provide the Services in accordance with any agreed brief and deadline;
- To manage and carry out the Services in an expert and diligent manner and to provide the Services to the best of our financial accountancy, commercial, technical and creative skill;
- You agree that we are allowed to carry out additional activities or accept other engagements which lead or might lead to any conflict of interest between you and us at any time and for any reason;
- We may delegate performance of our Services to such suitably qualified and experienced personnel as we may from time to time deem appropriate if we are unable at any time to perform the services due to circumstances beyond our control.
- To keep you informed of progress on the Services in which we are engaged and shall produce written reports on the same from time to time when you so request. While our method of working is entirely our own and we are not subject to the control of the customer, we shall nevertheless comply with this and any other of your reasonable request(s).
4. WORK SCHEDULES:
- Upon confirmation of your booking of works, we will endeavour to schedule you a start date within 7 days and this will be subject to our existing bookings.
- Contract start dates may well be several weeks after we confirm you’re booking.
- As advised in your quotation we strongly urge you to discuss convenient appointment times prior to signing and paying deposits.
- Deposit payments will not be refunded in the event you choose to cancel due to un-suitable appointment.
- If you are unable to keep to a given appointment time, please contact us as soon as possible so we can reschedule your appointment.
- Clearing and / or moving of furniture and other items blocking access to work areas are not included.
- Except where detailed, builders work (creating of holes larger than 50mm diameter, creating of support structures, etc) are not included, except as outlined in 1d, e and f above.
- Re-decoration and final making good is excluded from quoted costs, unless specifically detailed as included.
- Removal from site and disposal of rubble, fittings, wiring, materials, general waste and packaging is not included.
6. EXTRAS AND VARIATIONS:
- All extras and variations must be agreed in writing prior to commencement.
- The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.
- Unless stated otherwise, the costs quoted assume standard working hours between the hours of
- 09:30 hrs - 17:00 hrs Monday to Friday inclusive. Work required outside these hours may attract out of hours premium rates.
- Any additional work not covered in our quoted costs will attract additional time charge rate of £30.00 per hour plus materials cost and VAT.
- All figures quoted are subject to VAT at the prevailing rate.
- All figures quoted are valid for a date of 30 days from the date of the estimate or quotation.
8. DEVIATIONS FROM BUILDING REGULATIONS AND BS7671:
- All work where applicable, will be executed fully in compliance with applicable Building Regulations and BS7671 in force at the time of the work, particularly in respect of work in dwellings to allow the legal Part P obligations to be met. Where a Client requires deviation from such regulations, a written instruction and record will be required.
9. RISK AND TITLE OF GOODS AND PROPERTY:
- The risk in all goods supplied shall pass to the Client upon delivery.
- All goods supplied shall remain property of Matthews Electrical until all sums due have been paid in full.
- The client is responsible for ensuring that the property is insured for the duration of the installation work.
- Matthews Electrical warrants its installation work to be defect free for a period of 12 months from invoice date. Such cover does not extend to goods not supplied by us, physical damage to products, or any instance where the original installation has been altered or tampered with subsequently by third parties.
- Matthews Electrical agrees to repair or replace, at its sole option, within a reasonable time and at the cost of the Matthews Electrical, any goods or Services not conforming to the above warranty, in accordance with this clause10(b), when notified by you. You agree that this will be your sole remedy under the Contract.
- Where Matthews Electricals performs rectification work on the Services during the warranty period set out in clause 10(a), the warranty period for the rectified goods or Services shall be extended for a further period of up to 12 months from the date of repair or replacement provided that the warranty period under this clause 10 shall not, at any time, exceed a total of 25 months from the date of delivery of the goods or Services by the Seller.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to us, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our websites; or use of or reliance on any content displayed on our websites.
- You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these terms for your use of the site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
- Except for
any legal responsibility that we cannot exclude in law (such as for death or
personal injury) or arising under applicable laws relating to the protection of
your personal information, we are not legally responsible for any losses that:
- were not foreseeable to you and us when the contract was formed;
- that were not caused by any breach on our part;
- Business losses; and
- Losses to non-consumers.
- Unless agreed in writing payment in full must be made on completion of the specified works to Matthews Electrical and within the stated payment terms.
- Stage payments will be requested by prior arrangement where planned works take longer than 5 days. We reserve the right to request from you stage payments in the instance where works take longer than 5 days.
- All Payments adhere to the stated payment terms issued on the invoice and any late and/or part/nil payments will incur an administration fee of £75.00 for re-issue of invoice and further delays in payment will result in late payment charge interest being issued at a rate of 8% above the Bank of England base rate.
13. DEPOSIT FEES:
- Matthews Electrical will take deposit payments at the beginning of any contract and forms part of the contract. Where both a signature and cleared deposit payment is required from the client.
- Deposit payments will be deducted from the final invoice amount and only on completion of the agreed contract.
- Deposit fees are calculated at a rate of 30% of the quoted works.
- Deposit fees are non-refundable in the event you wish to cancel the contract agreement please do so in writing to Matthews Electrical and within Fourteen (14) days of signing this contract.
14. DESIGN AND CONSULTATION FEES:
- Matthews Electrical will charge a consultation fee for visits that require expert advise/guidance/design/planning regarding an electrical installation, where this advice is required for determining a set cause of action.
- Consultations are used to find all possible solutions and determine which is to be recommended for quotation.
- Consultation fees shall be chargeable at a rate of £175.00
15. SURVEY FEES:
- Matthews Electrical will charge a survey fee to make an assessment of the existing electrical installation.
- A survey fee is for a service involving an electrician to visit a property to carry out an assessment and determine if additional works is safe to proceed.
- An assessment is made by carrying out a more detailed inspection on the electrical installation by means of removing accessories/covers with the use of tools and carrying out tests on the electrical circuits to be modified.
- A survey is also referred to as an Electrical Installation Condition Report (EICR) and/or a Visual Condition Report (VCR)
- Survey, inspection and testing fees shall be chargeable at a rate of £200.00
- Survey fees will be paid before issuing of any survey report/certificate & ideally before survey visit.
16. CALL-OUT FEES:
- Matthews Electrical will charge a minimum call-out fee for emergency and/or scheduled visits that require on-location attendance to carryout minor works;
- Call-out fees shall be chargeable at a rate of £60.00 or more based on job location.
Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
- The other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than three (3) days after being notified in writing to make such payment;
- The other party commits a material breach of any term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of three (3) days after being notified in writing to do so. For the purposes of this clause 17(b), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the terminating party would otherwise derive from:
- A substantial portion of this agreement; or
- Any of the obligations set out in clause 12
- Over the term of this agreement, In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding;
- The other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
- Without affecting any other right or remedy available to it, Matthew Electrical may terminate this agreement for its own convenience on giving not less than 3 days written notice to you.
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for fifteen (15) days, the party not affected may terminate this agreement by giving ten (10) days' written notice to the affected party.
- Each party undertakes that it shall not at any time during this agreement, and for a period of five (5) years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Matthew Electrical.
- Each party may disclose the other party's confidential information:
- To its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause; and
- As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
If any provision or part-provision of this agreement is deemed deleted under the foregoing, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
Each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may [reasonably] be required for the purpose of giving full effect to this agreement.
- Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, [fax] or email.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause (a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one business day after transmission.
- The provisions of this clause do not apply to the service of any proceedings or other documents in any legal action.
Third party rights
No one other than a party to this agreement shall have any right to enforce any of its terms.
The parties submit to the following forms of dispute resolution in relation to any matter arising from this agreement or the performance or delivery of the Contractor’s services however so arising:
- Exclusive to any other form of dispute resolution through online mediation. If mediation is not available, the parties shall submit to the courts of England & Wales.
This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England & Wales.
Each party irrevocably agrees that the courts of England & Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.