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David Sykes Electrical

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Standard Terms and Conditions

  1. Definitions

    In these conditions the following expressions shall have the following meanings:

    'The Company' means David Sykes (Whitley Bridge) Ltd t/a David Sykes Electrical. 'Customer' shall mean the person, company or firm responsible for instructing the works. 'Works' shall mean any Goods and/or Services provided by the Company as ordered by the Customer. 'Contract' shall mean a written formal contract or a contract based upon a written or verbal acceptance of a quotation, or day work instruction. 'Services' means the electrical work and other related services detailed in the Company's estimate or quotation to the Customer. 'This Agreement' means this agreement between the Company and the Customer for the provision of Services.

    The basis of pricing is as follows:

    1. 'An estimate' is an approximate price, calculated with reasonable care from the available information, which may be given as a range or percentage variation. It constitutes an offer to do the work within the price range. This will be used where an exact price is not required or is impossible to give due to lack of information.
    2. 'A quotation' is an offer to do the work specified at the price quoted. Once either a quotation or an estimate is accepted by the customer it is taken as a contract between the company and the customer.
    3. 'Schedule of work'. An estimate or quotation will be 'costed' on the schedule of work prepared from information supplied by the Customer. The schedule provides the basis of the Contract.
  2. Period of Acceptance

    Any estimate or quotation for the provision of the Services is that current at the time and will remain open for acceptance for a period of 30 days from its date. A Customer's acceptance can be verbal or in writing. If the Customer wishes to accept after the expiry of the period, it may be subject to an additional charge for any price changes that have occurred since the estimate or quotation was given.

    If following acceptance the Customer terminates this 'Agreement' (for whatever reason) the Customer will be liable to pay for all work done up to the date of termination and for all goods and materials already purchased or ordered for the Customer. In addition, if a Customer terminates this 'Agreement' within 48 hours of the Company commencing the provision of Services the Company will be entitled to charge the Customer 25% of the quoted/estimated labour charge, to compensate the Company for the loss of business arising from cancellation on each short notice.

  3. Basis of Quotation and Day Work
    1. All increases or decreases in labour and/or material cost arising after the date of quotation may be recovered or allowed to the Customer unless the quotation expressively excludes the condition.
    2. Prices are based on the work being undertaken during normal working hours 8am to 5pm Monday to Friday and exclude Bank or Statutory National holiday working. Where overtime is worked at the request of the Customer, the Company is to be reimbursed for all extra costs involved due to this request.
    3. The cost of any goods and materials to be supplied by the Company, and which are required to carry out the Services (plus carriage charges where appropriate), are not included in the labour charges and will be itemised separately.
    4. Where a Customer requires additional works and/or variations from the works described in the quotation, such works shall be the subject of a separate agreement between The Parties. The Company shall submit a quotation for such works upon written request by the Customer and the Customer shall confirm agreement in writing before any work is carried out. Where additional works and variations cannot be accurately assessed by the Company, are urgently required or where no written request for a quotation is made by the Customer to the Company before the works proceed, then variations or additional works shall be charged at day work on a time and material basis.
    5. Allowances have been made for the laying of cable and containment runs by the shortest practicable routes parallel to the building lines where possible.
    6. Whilst reasonable care will be taken, quotations do not include the cost of the following: incidental decoration or other works due to the proper execution of the work and specifically exclude laying or relaying of floor coverings; works by other trades, any statutory fees, or charges for work done by a supply authority or local authority; formation of structural holes; electricity supply for temporary lighting, power or testing; replacement of failed lamps; cleaning of diffusers or louvers to light fittings after having been fitted in a clean state.
    7. All prices given in the Company's estimate/quotation are subject to the addition of VAT at the then appropriate rate.
  4. Right to Sub Contract

    The Company shall be entitled to sub-contract all or part of the Works, unless otherwise agreed between The Parties

  5. Payment

    For works carried out by the Company with a lead time longer than 30 days, the Company shall be entitled to issue interim written applications/invoices for payment on a monthly basis unless otherwise agreed between the Company and Customer. A final written application for payment/invoice shall be issued by the Company to the Customer upon completion of the works.

    All written applications for payment/invoices issued by the Company shall be paid by the Customer within 30 days of the date of application/invoice. Payment for the services must be made by bank transfer, cheque (with banker's guarantee card) or cash.

    If any amount of the written application for payment/invoice is disputed, the Customer shall inform the Customer of the grounds for dispute in writing within 5 working days from the date of the application/invoice. During this period of resolution the Customer shall pay the Company the value of the application/invoice, less the disputed amount, in accordance with these payment terms. Upon settlement of the dispute, any outstanding sum shall be payable in accordance with these payment terms.

    In the event of late payment, where the Customer has not issued a dispute in writing, the Company may charge interest on the amount outstanding at a rate of 8% above the Bank of England base rate for each day overdue, until the date of payment.

    Please note that the Company will remain the owners of all goods or materials fitted or supplied to the Customer until the Customer has paid for them in full. Failure by the Customer to make payment shall also entitle the Company free access to the property where the Works have been carried out and remove at the Customer's cost all materials and goods installed or provided during the Works.

    Receipts, certificates, test sheets and reports will be issued and their contents released within 3 working days of receipt of full payment of the total invoice sum.

  6. Guarantees and Warranties

    The guarantee or warranty (if any) for any goods and materials supplied will be provided by the manufacturer, which will usually be for a minimum of 12 months. Please note that the fulfilling of any validation procedures relating to that warranty is the Customer's responsibility. The guarantee or warranty will only cover the product itself and not any associated costs, for example the cost of collecting the product from the Customer; dismantling and re-installation; carriage costs in returning the goods to the manufacturer etc.

    The Company's workmanship is guaranteed for a period of 1 year from the completion of the Services.

  7. Limitation of Liability

    The Company will only be responsible for any loss, damage or injury caused by the Company's negligent act, omission or wilful misconduct. Except in respect of injury or death of any person (for which no limit applies) the Company's maximum aggregate liability to the Customer shall not exceed the Company's labour charge for the supply of Services to the Customer.

    Under no circumstances shall the Company be liable to the Customer for loss of profits or other indirect or consequential loss arising from negligence or breach of contract.

    The Company will not be liable for the fitness for a particular purpose (other than their normal purpose) of any goods and materials supplied and fitted by the Company unless that particular purpose has been notified by the Customer prior to commencement of the provision of the Services and the Company has agreed their suitability for that particular purpose.

    For the avoidance of doubt nothing in these Terms and Conditions shall effect the Customer's statutory rights as a consumer.

  8. Termination

    The Company may terminate this Agreement if the Customer commits a material breach of their obligations under this Agreement and/or these Terms and (where such breach is remediable) the Customer fails to remedy that breach after being requested by the Company to do so. This is not an action that the Company will take lightly, but the Company will be entitled to terminate this Agreement if the Customer frustrates the Company from carrying out the Services or it becomes unsafe for the Company to continue to provide the Services.

    Upon such termination the Customer will be liable to pay the Company for all goods and materials supplied and on a 'quantum meruit' (as much as is deserved) basis for the Services provided by the Company up to the date of determination.

  9. Force Majeure

    The Company shall not be liable for any delay in performing the Services under this Agreement if such delay is caused by circumstances beyond the Company's reasonable control. In such circumstances the Company shall be entitled to a reasonable extension of time for the performance of the Services. Sometimes the Company will be unable to do what has been agreed due to something beyond the Company's reasonable control. If this happens the Company does not accept any responsibility for what has occurred.

  10. Governing Law

    These Terms of Trading shall be subject to and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the English courts.

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The Maltings, Whitley Bridge, Yorkshire DN14 0HH
Tel: 01977 661351
Fax: 01977 662523
Email: enquiries@sykeselectrical.co.uk

Registered office: David Sykes Electrical, The Maltings, Whitley Bridge, Yorkshire DN14 0HH
Registered no. 1270395 VAT registered no. 182784333
David Sykes Electrical is the trading name of David Sykes (Whitley Bridge) Ltd

Electrical Contractors' Association Joint Industry Board for the Electrical Contracting Industry National Inspection Council for Electrical Installation Contracting Construction-on-Line CHAS Accredited Contractor SM & MS Contractor Plus, Approved Contractor