1.1 These conditions of sale supersede all previous conditions of sale or trading published by T H Electrical which is a trading name of T H Companies Ltd. Which will hereby be referred to as “the Company”.
1.2 Any estimate or quotation given by the company comprises an invitation to trade, which is open for period of 30 days only commencing with the date there of provided that the company has not previously withdrawn it. Any order issued by the buyer is subject to acceptance by the company and a contact will be formed when the company has accepted the buyer’s offer to buy in writing. Any offer made by the buyer orally must be confirmed in writing.
1.3 Any offer accepted by the company is accepted only on the term and conditions set out herein, which shall not be deemed to be waived or amended in any way.
1.4 If, after signing the contract, you want to change the work, you must consult with us first. We may be able to incorporate your changes into the installation provided that:
- it is technically possible;
- we have the necessary resources;
- the necessary permissions are in place.
1.5 If we agree to this change of work you must
- confirm this in writing; and,
- do so within 14 days of when you first tell us.
1.6 We will then adjust the price:
- by written agreement beforehand, if possible; or if not then
- by later written agreement; or if not then
- by referring to any priced documents, if this applies; or if not then
- by a reasonable amount for the work done or goods supplied.
1.7 Every change that means extra or revised work (as opposed to changes that leave something out) may mean extra costs. We
will try to keep those costs to a minimum.
1.A Unexpected work
1.A.1 The Quotation given to you must detail the hourly or daily costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the company.
1.A.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue then section 1.6 of this Contract will apply.
2.1 All prices quoted are based on the company’s labour costs and manufacturers, standard prices as at the date of provision of the quotation. In the event of any variation of labour costs or manufacturers, prices between the date of quotation and the date of invoice the price may be adjusted accordingly.
2.2 All quotations and estimates are provided on the basis of work being done during normal working hours that is between 8am and 5pm. A supplementary charge may be made for work carried out outside the normal working hours, but only with signed agreement.
2.3 If any additional works are undertaken or goods supplied during the course of a contract the customer hereby agrees to pay for the same at the rates for labour and/or supply of materials prevailing at the time of delivery of any invoice in respect of such extras.
2.4 All estimates and quotations are based upon the customer providing a cleared site for installation, electrical power supply and continuous facilities for completion of the installation. In the event of any interruption, the company may levy an additional charge.
3. Orders and Cancellations
3.1 Buyers are reminded that once the company has accepted an order, it constitutes a contract, which cannot be cancelled.
3.2 The company will be prepared to consider cancellation on appropriate terms in cases of difficulty, any cost but no cancellation is binding on the company unless authorised in writing by a director.
4.1 The buyer warrants that all information given by the customer and on the basis of which the installation has been carried out is true and accurate in all respects
4.2 The company warrants that it has completed the installation in accordance with the information produced by the buyer.
4.3 As the performance of any installation is dependent upon many factors which are outside the company’s control no guarantee is given that the equipment will achieve any particular result unless a detailed specification of the performance required has been delivered to the company and the company has given specific written confirmation of the performance to be anticipated. Performance figures if given are such as may be expected to be attained on completion of correct installation by competent engineers. They are subject to reasonable tolerances and adequate time and opportunity must be given to comply with such figures. Alteration by the buyer or the failure by the buyer to operate in accordance with the company’s reasonable recommendations invalidates any warranty given by the company.
4.4 The copyright in any drawings, designs or specifications remains in the company.
5a The Company will attempt to comply with any projected delivery dates but they are not guaranteed and failure to comply with them shall not give the buyer any remedy.
6.1 The company without expense will repair any defect becoming apparent in workmanship in any installation carried out by the company, within twelve calendar months, from the date of completion of the installation to the customer. The customer undertakes to provide facilities to the company to enable any relevant repairs or replacements to be carried out without delay.
6.2 This warranty shall not apply in the case of any defect which in the reasonable opinion of the company has arisen by reason of misuse, misapplication, neglect, failure of power supply, or any tampering following installation nor, any defect which has not been immediately notified to the company.
6.3 All guarantees or warranties other than those set out above are excluded to the full extent permitted from time to time under the law of England and Wales.
7. Property and Risk
7.1 Risk in the goods shall pass to the buyer when the goods are delivered to, or collected by the buyer or its agent.
7.2 Notwithstanding risk in the goods passing in accordance with these conditions, title in the goods shall not pass to the buyer until whichever shall be
the first to occur of the following: –
7.2.1 Payment being received by the company for the goods and no other amounts than being outstanding from the buyer to the company in respect
of other goods supplied by the company.
7.2.2 The buyer selling the goods in accordance with the provisions of these terms and conditions in which case title to the goods shall be deemed to
have passed to the buyer immediately prior to the delivery of the goods to the buyer’s customer.
7.2.3 The Company waiving its right in respect of specified goods where upon title to the said goods should forthwith vest in the buyer.
7.3 Before title has passed to the buyer under these terms and without prejudice to any of its other rights, the company shall have the right to recover
or resell the goods or any of them and may enter upon the buyers premises by its servants or agents for that purpose.
7.4 Until payment due under all contracts between the buyer and the Company has been made in full:
7.4.1 The buyer shall hold the goods upon trust for the company.
7.4.2.In the event of the sale or the hire of goods by the buyer, he shall hold the proceeds of such sale or hire in trust for the company in a separate
bank account opened by the buyer for this purpose.
7.4.3 The company shall be entitled to trace all such proceeds of sale or hire charges received by the buyer through any bank or other account
maintained by the buyer.
7.4.4. In the event of sale or hire of the goods by the buyer in the ordinary course of its business the buyer shall assign its rights to recover the
selling price or hire charges from the third parties concerned, to the company if required to do so in writing by the company.
7.5. As the insurable risk in the goods shall pass to the buyer as soon as the goods are delivered to him or to his order pending disposal, the buyer
shall keep the goods insured in the amount of the price at which the goods are sold to the buyer against all insurable risks.
7.6 If the goods are destroyed by an insured risk prior to the same being paid for by the buyer, the buyer shall receive the proceeds of any such
insurance as trustee for the company.
8. Limitation of Liability
8.1 Where examination of the goods has been made by or on behalf of the buyer prior to order of the goods no warranty condition description or
representation on the part of the company is given or implied by this agreement, nor is any warranty condition description or representation to be
taken to have been given or implied from anything said or written in the negotiations between the parties or their representative prior to such an
order and any statutory or warranty condition or description expressed or implied as the state quality or fitness of the goods subject to this
agreement is hereby expressly excluded.
8.2 In view of the nature of the goods and their specific manufacture to the buyer’s specification, the buyer is not entitled to reject the goods under any
circumstances. Any claim that the buyer may have against the company is limited to damages only.
8.3 Because the potential losses, which the buyer might suffer as a result of any breach of contract by the company, are more readily ascertainable by
the buyer and because such losses could be wholly disproportionate to the contract price and so that the company can keep the contract price as
low as possible the parties agree that the company shall not be liable for any consequential or direct loss suffered by the buyer whether this loss
arises from breach of duty in contract or tort in any other way. Non-exhaustive illustrations of consequential or indirect loss would be:-
8.3.1. Loss of profits.
8.3.2. Loss of contracts.
8.3.3. Damage to the property or goods of the buyer or anyone else, AND IN PARTICULAR DAMAGE TO OR LOSS OF REFRIGERATED FOOD
8.3.4. Personal injury to the buyer or anyone else (but only so far as such injury is not caused by the company’s negligence)
9. Force Majeure
9.1 The company accepts no liability for any failure to deliver the goods arising from circumstances outside the company’s control.
9.2 Non-exhaustive illustrations of these circumstances are Act of God, war, riots, explosion, abnormal weather conditions, fire, flood, strikes, lockouts,
Governments action or regulations (UK or otherwise), delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.
9.3 If the contract is cancelled in this way, the company shall refund any payment which the buyer has already made on account of the price (subject to
deduction of any amount which the company is entitled to claim from the buyer) but the company accepts no liability to compensate the buyer for
any further loss or damage caused by the failure to deliver.
10. Terms of Payment for Services
10.1 Unless otherwise set out in the PAYMENT SCHEDULE found on the order form and signed by the customer or a representative of the customer and a
director of the company the following Standard terms will apply and supersede any terms of the customers payment terms of contract, unless
agreed in writing.
Payment is due and shall be made in the following stages:
Payment 1: 25%. Deposit (Payable on order / acceptance of quotation)
Payment 2: A further 25% on start date of installation.
Payment 3: Remaining 50% on completion at which point any required certification due will be released.
10.2 If the payment is not made strictly in accordance with the company’s terms for payment as set out herein and accepted by the buyer, the buyer agrees to pay interest on the outstanding balance at the rate of 8.5% above the Bank of England base rate per month from the date when payment was due until the date when payment is made in full.
10.3 In addition to the overdue payment interest an overdue payment administration charge of 3.5% of the total bill will also be applied to the final amount owed on the day of full and final payment.
11.1 In any case where the buyer deals as consumer nothing in these conditions shall affect the statutory rights of the buyer.
12.1 If a court finds that any clause in these provisions fails the requirements of reasonableness under the Unfair Contract Act 1977,
the company nevertheless excludes the relevant liability to the extent that the court finds reasonable.
12.2 Each clause shall be construed individually and if any provision hereof is found to be unreasonable or unenforceable then such provision shall be
regarded individually and shall not invalidate the remainder of the terms and conditions set out herewith.