Terms & Conditions
TERMS AND CONDITIONS OF G.A. ELECTRICAL CONTRACTORS LIMITED TRADING AS G.A. ELECTRICAL
G.A. Electrical and gaelectrical.co.uk mean G.A. Electrical Contractors Limited.
Customer and Client mean the person who accepts the quotation or who authorises G.A. Electrical Contractors Limited to carry out the works.
Any order or telephone confirmation shall be deemed to be an offer by the Customer for G.A. Electrical to carry out the works to these Terms and Conditions.
The contract between G.A. Electrical and the customer in respect of the works comes into existence when G.A. Electrical accepts to carry out the work in accordance with the Terms and Conditions herein.
These Terms and Conditions shall not be altered, modified or varied unless expressly agreed in writing by a Director of G.A. Electrical.
The price shall be the price quoted by G.A. Electrical at the time of the customer placing the order excluding Value Added Tax, which shall be due at the rate ruling on the date of G.A. Electrical Invoice.
Any variation to the price will be charged and invoiced accordingly to the customer placing the order.
Orders require a 50% deposit paid in advance.
All invoices must be paid by return, the progression of the works can be suspended if payment is not received, unless a credit account is previously agreed with G.A. Electrical.
Credit accounts are strictly 14 days.
In the event of late payment G.A. Electrical reserves the right to charge interest on overdue amounts at an interest of 8% above the prevailing base rate of Lloyds TSB calculated on a daily basis.
No certificates of any kind are issued until payment is made in full.
Delivery times quoted are estimates only and time shall not be of the essence of the contract.
Delivery shall be deemed to take place when the goods arrive at the Customer’s premises.
All risk in the goods shall pass to the Customer or its appointed agent at the time of delivery.
The title in the goods shall not pass to the Customer until full payment for the goods has been received in cleared funds including any taxes, duties, freight or other applicable charges.
Prior to the goods passing to the Customer the Customer shall hold the goods as fiduciary agent to G.A. Electrical and shall keep the goods separate from any other goods properly stored, protected, insured and clearly identified and shall bear the costs thereof.
6.3 The Customer shall not sell or attempt to sell the goods before
G.A. Electrical has received full payment for the said goods.
If the customer nevertheless does purport to sell the goods then without prejudice to any other right or remedy available to
G.A. Electrical then the beneficial entitlement of G.A. Electrical shall attach to the proceeds of such sale or to the claim for such proceeds.
7. DRAWINGS etc
All drawings, descriptive weights, dimensions, descriptions and illustrations contained in the sales literature, quotations and price lists are approximate only and shall not form part of this agreement. In addition, drawings, technical documents issued either before or after the conclusion of this agreement for the use or information of the Customer and such other information as may be supplied to the Customer including specifications shall not be copied, reproduced or communicated to any third party without the prior written consent of
8. LOSS AND DAMAGE IN TRANSIT
G.A. Electrical will refund the cost of, or at it’s discretion, replace or repair free of charge, any of the goods proved to the satisfaction of G.A. Electrical to have been lost or damaged in transit up to the moment of delivery provided that within 3 days after receipt of goods in the case of damage, or within 10 days of receipt of invoices in the case of loss, the Customer notifies G.A. Electrical in writing of the occurrence of the damage or loss and its nature and extent.
In respect of the goods the subject matter of any warranty of guarantee given by the manufacturers of the same, G.A. Electrical guarantees to the Customer that such goods will be free from defects caused by faulty materials or poor workmanship for the period of guarantee or warranty given by the manufacturers. Under this warranty G.A. Electrical will, at it’s option, either repair or give a
replacement of equivalent quality or issue credit to the Customer for any goods found to be defective because of faulty maintenance by G.A. Electrical or poor workmanship provided that:
a. G.A. Electrical is notified in writing within 7 days of the Customer first discovering any such defects and in any event during the currency of such manufacturers warranty or guarantee.
b. The defective goods are returned to G.A. Electrical at the Customer’s expense.
c. Examination by G.A. Electrical of such goods discloses to its satisfaction that such defects exist and have not been caused by misuse, neglect, accident, improper storage, installation, handling or by repair or alteration not effected by G.A. Electrical.
d. The Customer shall pay to G.A. Electrical the cost (as certified by G.A. Electrical) of any examination of such goods as a result of which G.A. Electrical denies liability.
10. EXCLUSION OF LIABILITY
Except where provided otherwise in these Terms and Conditions, G.A. Electrical shall be under no liability of whatsoever caused whether or not due to the negligence or wilful default of G.A. Electrical or its servants or agents arising out of or in connection with the goods.
All conditions, warranties or other items, whether express or implied, statutory or otherwise, are hereby expressly excluded proving that nothing in this paragraph shall exclude or restrict any liability of G.A. Electrical for death or personal injury resulting from negligence of G.A. Electrical or its servants or agents.
In any event liability to G.A. Electrical shall be limited to direct loss and shall not include indirect or consequential loss.
The customer shall not return goods or cancel orders without the previous consent from G.A. Electrical. Such consent will not be given where goods have been specially purchased by G.A. Electrical to meet the Customer’s requirements. If G.A. Electrical gives such consent, it reserves the right to make a cancellation charge.
12. PROPRIETY RIGHTS
The Customer acknowledges that rights in respect of trade marks, trade names, copyrights, patents and other intellectual property rights connected with the goods do not pass to the Customer.
The Customer agrees to indemnify the G.A. Electrical against all liabilities, costs and expenses that G.A. Electrical may incur as a result of work carried out in accordance with the customer’s specifications, which involve infringement of any patent or other propriety right.
G.A. Electrical reserves the right to sub-contract any part of any work or supply of any goods or services.
14. CONSTRUCTION AND USE
G.A. Electrical shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance of order.
The benefit of this Agreement may be assigned either in whole or in part by
G.A. Electrical without the prior written consent of the Customer. The Customer shall not assign or transfer or purport to assign or transfer the agreement or the benefit thereof to any other person.
The headings of these Conditions are for convenience only and shall have no effect on the interpretation thereof.
G.A. Electrical shall be entitled by notice in writing summarily to determine any agreement without prejudice to any claim or right G.A. Electrical may otherwise make or exercise where:
a. The Customer is in breach of any term, condition or provision of this agreement or required by law. The Customer shall go into liquidation (except for the purpose of reconstruction) or if any petition or resolution to wind up the Customer shall be presented or if a receiver is appointed of the Customer’s undertaking property or assets or if a distress shall be levied upon any of the Customer’s property or if the Customer shall commit any act of bankruptcy.
The Agreement shall be governed by and construed in accordance with English Law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the Agreement.