(Revised 2nd February 2021)

TERMS OF BUSINESS FOR THE SUPPLY OF GOODS AND SERVICES

The following terms and the documents referred to in them set out the whole agreement for the supply of goods and services to you (the Customer) by House Rescue Electrical Ltd (the Supplier). Please ensure that you understand these terms as you will be bound by them once an order is confirmed. Your attention is drawn in particular to the provisions of clauses 8, 11 and 12. If you do not understand any term, please contact us before ordering. House Rescue Electrical Ltd is a company registered in England with company number 13047205 whose registered office is at 14 Aspect House 19 Shelburne Road, London, England, N7 6DY. We can be contacted by phone on 07572 436 787 or by email to [email protected] or by post at 14 Aspect House 19 Shelburne Road, London, England, N7 6DY. Our website is at www.house-rescue.co.uk

1. INTERPRETATION

In these Terms:

1.1 Services means the services (including Deliverables) supplied by the Supplier to the Customer as set out in the Quotation and Deliverables means any goods or materials which are used or provided in the supply, performance or delivery of the Services.

1.2 The words “agreed in writing” in these Conditions mean agreed in writing and signed by an authorised representative of the Supplier.

2. THE QUOTATION

2.1 The Supplier shall provide to the Customer a proposal for the Services to be provided (the Quotation) which shall set out:

(a) The Services, including goods or deliverables, which the Supplier will provide to the Customer.

(b) The costs which the Customer shall be charged.

2.2 The Quotation may be verbal or in writing (including email).

2.2 Whilst the Supplier will always use its reasonable endeavours to verify the accuracy of any samples, drawings, or descriptive matter that it or its suppliers issue, such information may not be to scale and is provided solely to give an approximate idea of the Services and deliverables that they describe and does not form part of the Contract.

2.3  Any quotation given by the Supplier shall not constitute an offer.

2.4  If the customer wishes to use a promotional discount against the service it must be made clear at the point of quoting, failure to do so will result in the discount not being applied. House Rescue Electrical Ltd will not be able to apply promotional discounts at the point of invoicing.

2.5 These Conditions shall apply to all subsequent services provided by the Supplier to the Customer and the term ‘Services’ in these Conditions shall include any services which the Customer requests from the Supplier at any time after receipt of these Conditions, whether verbally or in writing.

3. THE CONTRACT

3.1 The Customer’s acceptance of the Quotation shall constitute an offer by the Customer to purchase the Services in accordance with these terms. Only once the Supplier issues written acceptance of this offer (the Order Confirmation) a legally binding contract shall come into existence (the Contract). Where the Supplier does not issue a written acceptance the Customer’s offer but orders Goods and/or starts providing the Services, these terms will apply to the Contract provided the Customer has had prior notice of them.

3.2 These terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. THE SERVICES AND DELIVERABLES

4.1 The Supplier shall supply the Services to the Customer in accordance with the Quotation in all material respects.

4.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Quotation but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. The Supplier shall not be liable for any loss or damage suffered by the Customer as a result of the delivery of services being delayed or postponed for any reason, such as delays due to weather conditions, late or incorrect deliveries from suppliers or public holidays.

4.3 The Supplier shall have the right to make any changes to the Services and Deliverables which are necessary to:

(a) comply with any applicable law or safety requirement;

(b) are deemed necessary by the Supplier’s surveyor; or

(c) which do not materially affect the nature or quality of the Services,

and the Supplier shall notify the Customer in any such event.

4.5 Except as set out in these terms, no variation of the Contract, including the introduction of any additional terms or work, shall be effective unless it is agreed in writing.

4.6 The images of the products in any brochure supplied by the Supplier or displayed on its website are for illustrative purposes only. Although the Supplier has made every effort to ensure that colours and finishes are accurately represented there may be minor variations, and Deliverables may vary slightly from images.

5. THE CUSTOMER’S OBLIGATIONS

5.1 The Customer shall:

(a) Ensure that the terms of their order and any information provided in the Quotation is complete and accurate.

(b) Co-operate with the Supplier in all matters relating to the Services including but not limited to:

1. Permitting the Supplier access to the property or location in which the Services are to be supplied (the Site) and assuring that such access is appropriate and adequate.
2. Unless otherwise agreed in writing with the Company, providing the Supplier without charge such facilities as may be necessary in order to allow it to complete the Services as specified in the Quotation.

iii.  Follow the Supplier’s reasonable instructions relating to safety and the state of work which has recently been completed by the Supplier or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.

(c)  Prepare the Site for the supply of the Services as specified in the Quotation, including:

1. remedying any defect before the installation date or for any damage arising therefrom; and
2. re-moving or moving of services, fixtures, fittings which are ancillary to the basic structure of the property (e.g. radiators, pipes, electricity, telephone, television cables, burglar alarms or gas services).

(d) Where the Customer has provided its own measurements for products or materials, they shall be responsible for the correctness of such measurements. Where these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Customer shall bear the expense of rectifying this.

(e) The Customer shall be responsible for any permissions, licences or consents which are necessary in order for the Services to be provided. The Customer warrants that he has applied for and obtained all such necessary permissions, licence or consents prior to contracting the Supplier.

(f) Where the Supplier stores or keeps any materials or equipment on Site, the Customer shall be responsible for the security and safety of such and shall account to the Supplier for any loss or damage.

(g) Unless the Quotation specifies otherwise, the Customer will be responsible for any cleaning and redecorating which is necessary to the Site after the Supplier has completed the agreed services. The Supplier shall endeavour to tell the Customer at the time it provides a quotation if it considers that additional third party services will be required.

5.2  If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;

(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations; and

(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

6. THE SUPPLIER’S OBLIGATIONS

6.1. The Supplier shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. It shall comply with all relevant codes of practice and statutory or regulatory requirements.

6.2. The Supplier shall take all reasonable care with the Customer’s property, including taking reasonable steps to protect the Customer’s property during the provision of the Services.

6.3.  The Supplier shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting it to self-certify the compliance of the Services provided with the relevant regulations.

6.4 The Supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer’s property as a result of the provision of the Services.

6.5  The Supplier shall at all times hold a valid employer and public liability insurance policy.

7. PROPERTY RIGHTS AND ASSUMPTION OF RISK

7.1 Risk in and responsibility for any Deliverables shall pass from the Supplier to the Customer:

(a) Where the Supplier is responsible for delivering the products or materials to the Customer, upon delivery; or

(b) Where the Supplier is not responsible for delivery, at the moment the products or materials leave the Supplier’s premises.

7.2 Title in any Deliverables shall remain with the Supplier until the Supplier receives payment in full (in cash or cleared funds) for the goods or materials (in which case title to the goods or materials shall pass at the time of payment).

7.3 Until the title in any Deliverables passes to the Customer, the Customer shall:

(a) not remove, deface or obscure any identifying mark or packaging on or relating to the Deliverables;

(b) maintain the goods or materials in satisfactory condition and keep them insured against all risks for their full price on the Supplier’s behalf from the date of delivery;

(c) notify the Supplier immediately if it becomes subject to any of the events listed in clause 13.3(b) to clause 13.3(m); and

(d) give the Supplier such information relating to the Deliverables as the Supplier may require from time to time.

7.4 If before title to the Deliverables passes to the Customer, the Customer becomes subject to any of the events listed in clause 13.3(b) to clause 13.3(m), then, without limiting any other right or remedy the Supplier may at any time require the Customer to deliver up all property or materials in its possession and if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the property or materials are stored in order to recover them.

8. CONSUMER RIGHTS

8.1 Where the Customer purchases the Services for their personal use and not in the course of a business, the Customer will be a consumer (a Consumer). Nothing in these Terms shall exclude or restrict the legal rights the Customer has as a Consumer.

8.2 Where the Contract is made in the Customer’s home or place of work a Consumer has the additional legal right to cancel the Contract before it is fulfilled or the Services commence and receive a refund. To cancel the Contract the Customer must inform the Supplier in writing of their desire to cancel within fourteen (14) working days of the Contract being made.

8.3 If the Customer has asked the Supplier to begin work on the Contract or to order goods from a third party which are non-refundable before the expiry of the fourteen day period, then the Supplier is entitled to charge the Customer for the work it has undertaken and/or the goods it has ordered.

8.4 If the Customer cancels the Contract after the Supplier has already started work, the Customer will pay the Supplier any costs it reasonably incurred in starting work and this charge may be invoiced to the Customer.

8.5 Consumers can obtain advice about their legal rights from their local Citizens’ Advice Bureau or trading standards office.

9. THE CHARGES

9.1 The price for the Services shall be the price set out in the Quotation unless:

(a) No site survey/inspection was undertaken at the time of quoting; in which case the Supplier reserves the right to revise its price following a site survey/inspection.

(b) When carrying out work on an “hourly” or “per hour” basis, when billing we will round up to the next full hour. This means if we carry out 5 minutes or 45 minutes of work, we will bill for 1 full hour.

(c) Work cannot be carried out during normal working hours or additional visits or time is needed due to work not following the proper sequence or hindrance from other trades; in which case the Supplier reserves the right to charge for additional visits and time spent at its normal fee rates.

9.2   If no price is stated in the Quotation, the charges for the Services will be on a reasonable time and materials basis.

9.3 If the Customer instructs the Supplier to make any changes to the Services or if changes to the Services are necessary due to no fault of the Supplier then the Supplier is entitled to amend the costs which the Customer shall be charged.

9.4 All prices are quoted are exclusive of VAT.

10. PAYMENT

10.1 The Supplier shall invoice the Customer on dates or times stated in the Quotation. If no invoice dates or times are stated in the Quotation, then the Supplier shall invoice upon completion of the Services.

10.2 The Customer shall pay each invoice submitted by the Supplier within 30 days (where the Customer is a business customer) or upon completion (0) days (where the Customer is a domestic customer) of the date of the invoice and in full and in cleared funds to a bank account nominated in writing by the Supplier. Time for payment shall be of the essence of the Contract.

10.3 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above HSBC Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

10.4 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.

11. LIMITATION OF LIABILITY

11.1 Nothing in these terms shall limit or exclude the Supplier’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

(b) fraud or fraudulent misrepresentation.

11.2 Subject to clause 11.1:

(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

(b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Contract.

11.3         This clause 11 shall survive termination of the Contract.

12. INDEMNITY

The Customer shall indemnify the Supplier against any loss or damage which results from the Customer’s breach of or failure to abide by any of these terms.

13. TERMINATION

13.1 The Supplier reserves the right to   terminate the Contract immediately and without penalty if it reasonably considers the installation will not comply with electrical regulations.

13.2 Without limiting its other rights or remedies and subject to clause 14, either party may terminate the Contract by giving the other party two weeks’ written notice.

13.3 Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a)  the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

(e) the other party (being   an individual) is the subject of a bankruptcy petition or order;

(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

(h) the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

(j)   any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 13.3(b) to clause 13.3(i) (inclusive);

(k) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;

(l) the other party’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or

(m) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

13.4 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment and fails to pay all outstanding amounts within 14 days after being notified in writing to do so.

13.5 Without limiting its other rights or remedies, the Supplier may suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 13.3(b)) to clause 13.3(m), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

14. CONSEQUENCES OF TERMINATION

14.1 On termination of the Contract for any reason:

(a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b) the Customer shall return all of the Supplier Materials and any property or materials which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract;

(c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(d) clauses which expressly or by implication survive termination shall continue in full force and effect.

15. FORCE MAJEURE

15.1 For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

15.2 The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

15.3 If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 8 weeks, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

16. GENERAL

16.1 Assignment and other dealings.

(a) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

(b)  The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

16.2 Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default.

16.3 Personal information. The Supplier will use the personal information the Customer provides to it:

(a) to supply the products to the Customer;

(b) to process the Customer’s payment for the products; and

(c) if the Customer agreed to this during the order process, to give him or her information about similar products that the Supplier provides, but the Customer may stop receiving this at any time by contacting the Supplier. The Supplier may pass the  Customer’s personal information to credit reference agencies. Where it extends credit to the Customer for the products, it may pass the Customer’s personal information to credit reference agencies and they may keep a record of any search that they do. The Supplier will only give the Customer’s personal information to other third parties where the law either requires or allows it to do so.

16.4 No employment relationship, partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any employment relationship, partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

16.5 Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

16.6 Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

16.7 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

17. Privacy

We take your privacy seriously and will only use your personal information to provide the products and services you have requested from us.

We will not use your details for marketing purposes or to contact you with details of other services we provide. We do not pass your details onto other companies.