Terms and Conditions of Atom Electrical Service Ltd Sheffield
1. DEFINITIONS Atom Electrical Services Ltd Sheffield and email@example.com, https://www.atomelectric.co.uk and website mean Atom Electrical Services Ltd Sheffield. Customer and Client mean the person who accepts the quotation or who authorises Atom Electrical Services Ltd to carry out the works.
2. GENERAL Any order or telephone/internet confirmation shall be deemed to be an offer by the Customer for Atom Electrical Services Ltd Sheffield to carry out the works to these Terms and Conditions. The contract between Atom Electrical Services Ltd Sheffield and the customer in respect of the works comes into existence when Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield.
3. PRICE The price shall be the price quoted by Atom Electrical Services Ltd Sheffield at the time of the customer placing the order excluding Value Added Tax. Any variation to the price will be charged and invoiced accordingly to the customer placing the order.
4. PAYMENT Orders for parts should be paid in full in advance of supply. Orders for works of £1,000 or more require a three stage payment. A third in advance of works, a further third on completion of first fix and the final third on completion of works. Invoices shall be paid on completion of the work unless a credit account is previously agreed with Atom Electrical Services Ltd Sheffield. Credit accounts are strictly 30 days. In the event of late payment Atom Electrical Services Ltd Sheffield 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.
5. DELIVERY 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 or works begin. All risk in the goods shall pass to the Customer or its appointed agent at the time of delivery.
6. AVAILABLITY While we endeavour to hold sufficient stock to meet all orders, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, supply or deliver a substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.
7. AGE REQUIREMENTS FOR SPECIFIC GOODS Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.
8. TITLE 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 Atom Electrical Services Ltd Sheffield and shall keep the goods separate from any other goods properly stored, protected, insured and clearly identified and shall bear the costs thereof. The Customer shall not sell or attempt to sell the goods before Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield then the beneficial entitlement of Atom Electrical Services Ltd Sheffield shall attach to the proceeds of such sale or to the claim for such proceeds.
9. 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 Atom Electrical Services Ltd Sheffield.
10. LOSS AND DAMAGE IN TRANSIT Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield in writing of the occurrence of the damage or loss and its nature and extent.
11. GUARANTEE In respect of the goods the subject matter of any warranty of guarantee given by the manufacturers of the same, Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield or poor workmanship provided that: a. Atom Electrical Services Ltd Sheffield is notified in writing within 7 days of the Customer first discovering any such defects and in any event during the currency of such manufacturer’s warranty or guarantee. b. The defective goods are returned to Atom Electrical Services Ltd Sheffield at the Customer’s expense. c. Examination by Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield. d. The Customer shall pay to Atom Electrical Services Ltd Sheffield the cost (as certified by Atom Electrical Services Ltd Sheffield) of any examination of such goods as a result of which Atom Electrical Services Ltd Sheffield denies liability.
12. EXCLUSION OF LIABILITY Except where provided otherwise in these Terms and Conditions, Atom Electrical Services Ltd Sheffield shall be under no liability whatsoever caused whether or not due to the negligence or wilful default of Atom Electrical Services Ltd Sheffield 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 Atom Electrical Services Ltd Sheffield for death or personal injury resulting from negligence of Atom Electrical Services Ltd Sheffield or its servants or agents. In any event liability to Atom Electrical Services Ltd Sheffield shall be limited to direct loss and shall not include indirect or consequential loss. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
13. RETURNS The customer shall not return goods or cancel orders without the previous consent from Atom Electrical Services Ltd Sheffield. Such consent will not be given where goods have been specially purchased by Atom Electrical Services Ltd to meet the Customer’s requirements. If Atom Electrical Services Ltd Sheffield gives such consent, it reserves the right to make a cancellation charge.
14. 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 Atom Electrical Services Ltd against all liabilities, costs and expenses that Atom Electrical Services Ltd Sheffield 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.
15. SUB-CONTRACTING Atom Electrical Services Ltd Sheffield reserves the right to sub-contract any part of any work or supply of any goods or services.
16. CONSTRUCTION AND USE Atom Electrical Services Ltd Sheffield 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.
17. ASSIGNMENT The benefit of this Agreement may be assigned either in whole or in part by Atom Electrical Services Ltd Sheffield 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.
18. HEADINGS The headings of these Conditions are for convenience only and shall have no effect on the interpretation thereof.
19. TERMINATION Atom Electrical Services Ltd Sheffield shall be entitled by notice in writing to summarily terminate any agreement without prejudice to any claim or right Atom Electrical Services Ltd Sheffield 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.
20. Disposal of Electrical and Electronic Equipment The WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a trade customer, you agree that the collection, recovery/treatment and disposal of non household Electrical or Electronic Equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk.
21. JURISDICTION 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.