Terms & Conditions
Terms” the terms and conditions set out in this document; and
“We/Our/Us” Allbury Ltd Trading as AJ Electrical Services (Company No 5749655) whose registered office is;
5 Anjou Crescent, Fareham, Hampshire PO15 5DA.
When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise
The Client’ – Any company, firm, person, customer or other legal entity which places an order with or makes use of the services of AJ Electrical to include the company, firm, person, customer or other legal entity to whom the estimate was addressed.
Order Acknowledgment – Defines an Accepted Quote/Purchase Order or Works Order Instruction.
- Our contract with you
(a) These are the terms and conditions on which We supply and undertake works to you.
(b) Please ensure that you read these Terms carefully and check that the details on the quotation and in these Terms are complete and accurate, before you accept for Us to complete the works. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
(c) When you confirm acceptance, or submit the Order to Us, this does not mean We have accepted your order. Our acceptance of the Order will take place as described in clause (1d). If We are unable to carry out the works, We will inform you of this in writing and We will not process the Order.
(d) These Terms will become binding on you and Us when We confirm acceptance of an Order, at which point a contract will come into existence between you and Us.
(e) We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
(a) Where the Client is a limited company the signature or written instruction of any person purporting to sign with the authority of The Client shall be binding and The Client shall be liable to comply with the Contract including these Terms and Conditions.
(b). Any delays in, or failure of AJ Electrical Services to enforce any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
(c) Any waiver granted by AJ Electrical Services to The Client for any breach of, and/or default under of any provision of the Contract shall not be deemed a waiver of any subsequent breach and/or default and shall not affect the other Terms of the Contract in any way.
(d). Unless stated otherwise within the AJ Electrical Services estimate all works undertaken by AJ Electrical Services shall be carried out within normal working hours, defined as Monday to Friday from 07.00hrs to 17.00hrs. Reactive and Call outs will be agreed upon requirement.
(e) AJ Electrical Services may, from time to time and without notice, change these Terms and Conditions in order to comply with any statutory requirements or to reflect changes in its policy.
- Installation Work:
(a) All electrical installation work will comply with BS7671:2008(2011) and any amendments in force at the time of the works.
(b) All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
(c) Electrical Installation and Minor Works certificates and Building Regulations Part P notifications issued by AJ Electrical Services cover only those works installed by AJ Electrical Services.
(d) Where work is to extend or modify existing circuits, costs quoted assume existing circuits are safe and in adequate condition. Any works required to bring these circuits up to standard will be at additional cost.
(e) No addition or alteration will be carried out to rubber insulated (VIR) cables
(f) Where carpet or floor coverings require lifting, best endeavors will be made to avoid damage and to refit to an acceptable standard. However, employing a specialist fitter may be prudent, to effect a fully satisfactory reinstatement.
(g) Unless agreed beforehand, chases to walls, etc. will be left un-filled. Final finishing of skim coat plaster and final decoration is excluded.
(h) AJ Electrical Services will endeavor to undertake installation work to a clean standard. However, some additional vacuuming and cleaning down of surfaces should be expected afterwards.
(i) Any equipment susceptible to damage from dust (e.g. video or computer equipment) must be removed from the work area prior to our arrival on site.
- New Consumer Units:
(a) Where works include the installation of a new consumer unit (fuse board), under Part P Building Regulations it is a legal requirement that the whole installation be tested to ensure it is safe to connect to the new unit. The basic cost for this is included in the installation cost.
(b) Any faults found during the above testing which are deemed unsafe, must be rectified prior to that circuit being reconnected to any new consumer unit. Any costs for such work will be in addition to any previously quoted figure. Such issues will be brought to the Client’s attention as soon as is practical during works. In particular it may be necessary to install new main services bonding to water, gas or oil supplies. This is especially common on properties built during or prior to the early 1970s
(a) The clearing and/or moving of furniture and other items blocking access to work areas are not included within the quote. Whilst we try to be as helpful as possible we will only do limited moving to create access and will not be held liable for damage to such items should such action be necessary.
(b) We will try to ensure that electrical items are plugged back in and in working order before we leave the premises, however, we will not be held responsible for any losses due to any electrical item not being plugged back in and/or switched on.
5 Staged Works Definitions:
(a) First Fix: Positioning and securing of accessory boxes. Preparation and positioning of cables.
(b) Second Fix: Termination of conductors to accessories and protective devices. Certification and commissioning.
- The Works
(a). AJ Electrical Services shall carry out the works using reasonable skill and care, prudence and foresight in accordance with the Contract.
(b) The Client shall make the site available and provide unrestricted access to AJ Electrical Services from the commencement date through to completion of the works.
(c) AJ Electrical Services shall carry out and complete the works within the Contract period outlined within the Order Acknowledgement, subject to any extension or adjustment agreed by AJ Electrical Services and issued by The Client, with the exception of minor defects or works of a minor nature.
(d) The Client shall provide all resources necessary (Full Access) for AJ Electrical Services to perform its duty in fulfilling the Contract.
AJ Electrical Services shall be entitled to a time extension in response to, and The Client shall indemnify AJ Electrical against, any delays to the works due to circumstances beyond the control of AJ Electrical Services. This includes but is not limited to:
6.1. Adverse weather conditions.
6.2. Civil disruption, war, riots, industrial actions such as strikes or lock-outs, terrorism or the threat thereof.
6.3. Traffic jams, accidents, congestion, vehicular or equipment failure which could not reasonably have been anticipated.
6.4. Computer or telecommunications failure.
6.5. The Clients instruction, or obstruction of the work by means including but not limited to:
6.5.1 The scheduling of other works by The Client or third party, local authority or statutory body.
6.5.2 Failure of The Client to make the site available or to provide the prerequisites described in clause 6.d
6.5.3 Delays in obtaining any required statutory approvals.
6.5.4. The inability of AJ Electrical Services to arrange the required labour or materials.
6.5.5. Suspension of the work by The Client, local authority or statutory undertaker.
(e) Suspension of the work by AJ Electrical Services in accordance with these Terms and Conditions.
(f) The Client shall ensure that it and its subcontractors and any other representatives comply with the AJ Electrical Services Health and Safety Policy.
7.Surveying and Asbestos
The Client shall provide opportunity for AJ Electrical Services to undertake a site walkthrough with The Client prior to providing an Estimate, in order that the full requirements of The Client are clearly and unambiguously identified, including the presence of any difficult to access areas. If the Client does not meet the criteria of this clause, or if the requirements identified prior to the Estimate are expanded or altered, The Client will accept liability to AJ Electrical Services for any additional reasonable fees associated but not limited to extended labour, administrative, material, access, sampling and mobilization costs. Should asbestos be present within the premises an Asbestos Register and/or full survey should be made available to AJ Electrical Services prior to any commencement of works,
(a) Quotations are valid for 30 days from the date of the estimate.
(b) Quotations will state clearly subject to VAT and this will be payable by the Client.
(c) Unless stated otherwise, the costs quoted assume standard working hours between 07:00hrs – 17:00hrs Monday to Friday inclusive. Reactive or Call out Work required by the Client outside of these hours attract a premium rate which will be agreed with the Client ahead of works taking place.
(d) Estimated & Quoted costs assume continuous and unhindered access to the site by prior arrangement with the client. In the event working hours are reduced due to Client action causing us to make additional visits to site we have the right to charge for these additional visits.
(e) In the event a Client has asked for a breakdown of the works into component parts the estimated & quoted costs of each component will take into consideration an overlap of workings and the efficient use of engineers. These component quotes will only be applicable if the entire works are carried out in the time frame discussed at the survey. Where a Client decides to only carry out some of the works or decides to split the work over a different time frame a new quote will be necessary and will be provided.
(f) The quotation is based on a survey which is non-destructive. As such and unless stated otherwise, the costs quoted will assume a source of power and feed is present for any installations. In the event we discover this not to be the case we will advise the Customer. Additional work to trace and supply a power feed will be charged as an extra.
(g) Where works comprise the changing of switches and sockets we will itemise those fittings visible during the survey.
AJ Electrical Services will not be responsible or liable for switches and sockets which are subsequently found following the moving of furniture. We will try to accommodate the additional replacements required but these will be charged as extras and may need to be carried out at a later stage if such items need to be ordered.
(h) The cost of any additional work and materials not covered in stated costs will be added to the total and charged as per the payment schedule advised at the time of the initial quote.
(i) An estimate will give an indication only of the typical cost of works and will not form any basis of a formal contract between
AJ Electrical Services and the Client.
9 Risk and Title of Goods:
(a) The risk in all goods supplied shall pass to the Client upon delivery.
(b) All goods supplied shall remain the property of AJ Electrical Services until all sums due have been paid in full.
(a) AJ Electrical Services warrants its installation work to be defect free for a period of twelve months from the invoice date. Cover does not extend to goods supplied by other tradesmen or the Client or in the event of physical damage, willful misuse or instances where the installation has been altered or tampered with by third parties.
(b) This warranty excludes fair wear and tear to lamps, fuses and other consumables.
(c) Where projects involve works by third party trades, any damage to the electrical installation by third parties shall remain the responsibility of the Client. Any rectification costs must be paid by the Client prior to commencement of second fix. Recovery of such costs from any third party shall be the Client’s responsibility. AJ Electrical Services will not be liable for any costs, including third party labour costs once the warranty has exceeded.
d) Call outs or replacements will be chargeable once your warranty has expired. This does not affect your legal rights if the goods are faulty or not as described. For more information on your legal rights, (consumers only) please contact your local citizens advice office.
(a) A VAT invoice will be issued on completion of works. Commercial customers: Payment terms are 30 calendar days from the date of issue unless specifically agreed before hand in writing. Consumer customers: Payment is due upon receipt of invoice.
(b) Larger projects involving a separate first and second fix will require staged payments comprising a deposit and final payment on completion of all works. If the completion of first/second fix is delayed by more than two weeks we have the right to invoice for works completed to that point and will pro-rata the invoice accordingly. If applicable, such staged payments will be advised as part of the quotation.
(c) Payment is accepted by bank transfer or cheque. We do not accept debit or credit cards. Our bank details are displayed on your invoice.
(d) In the event of any non-payment AJ Electrical Services reserve the right to withhold any certificates for work carried out until such payments are made.
Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Company on the due date, the Company may:
(e) charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and the Customer shall pay the interest immediately on demand. The Company may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998;
(f) suspend all Services until payment has been made in full; and
(g) recover any costs incurred by the Company in recovering any overdue amount
The Contract may not be cancelled by The Client without the written consent of AJ Electrical Services. AJ Electrical Services reserves the right upon consent being given to levy a cancellation charge of a minimum of 10% of the Contract value to cover any losses AJ Electrical Services may incur due to the cancellation.
12.1. AJ Electrical Services shall be entitled, without prejudice to any other rights or remedies, and without liability to The Client, to cancel any works in the event of circumstances as described (but not limited to) those contained in clause 6 and its sub-clauses.
(a) A minimum 7 working day’s notice is required for cancellation of works.
(b) In the event cancellation is made with less than 7 working day’s notice, AJ Electrical Services will deem this to be a Short Notice Cancellation and has the right to charge in full for the labour component of cancelled works.
(c) In the event our engineers arrive on site at the agreed time/slot and are unable to gain access, AJ Electrical Services will consider this a Short Notice Cancellation and will charge as per 12(b) above.
(d) AJ Electrical Services will try to return all unused materials to the Wholesaler at no cost to the Client in the event of a cancellation. AJ Electrical Services reserves the right to charge any restocking fee which may be imposed on the return of these goods. Certain ‘special order’ nonstandard items will be non-returnable and will be charged in full to the Client and delivered on payment.
(e) Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause i)
(f) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 do not apply if the services you have ordered are of a gambling, banking, credit, insurance, personal pension, investment or payment nature.
(g) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you cannot cancel your contract if the services you have ordered are passenger transport services, services (other than the supply of water, gas, electricity or heating) for which the price is dependent on fluctuations in the financial market, urgent repairs or maintenance where you have specifically requested a visit, accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities (if the contract provides for a specific date or period of performance).
(h) Should you wish to cancel your order, you can do this by any written means, including email to firstname.lastname@example.org
(i) If you require us to begin the services within the Cancellation Period we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier. If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice and will provide a partial and proportionate refund accordingly. Your right to cancel the services will no longer apply once the services have been fully performed.
- Limitation of Liability
(a) Nothing in these Conditions shall limit or exclude the Company’s liability for
(b) Death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors;
(c) Fraud or fraudulent misrepresentation; or
13.1 Breach of the terms implied by section 9 of the Supply of Goods and Services Act 1982 (title and quiet possession) and the Consumer Rights Act 2015.
13.2.1 The Company shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Contract including any losses that may result from the Company’s deliberate personal repudiatory breach of the Contract; and
13.2.2 The Company’s total liability to the Customer in respect of an asbestos survey in respect of all losses arising under or in connection with the Contract,
whether in contract, tort (including negligence), breach of statutory duty, or otherwise including losses caused by the Company’s deliberate personal repudiatory breach shall not in the case of all asbestos surveys exceed 6 x fees for the specific building detailed within the survey report and the Customer shall indemnify and keep indemnified The Company for and against all costs, claims, demands, proceedings, charges and expenses arising out of or in connection with the Contract.
- Information about us and how to contact Us
(a) Allbury Ltd T/A AJ Electrical Services are a company registered in England and Wales. Our company registration number is 5749655 and Our registered office is at 5 Anjou Crescent, Fareham, Hampshire PO15 5DA.
(b) If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our Managing Director on 01329 846200 or by e-mailing Us at email@example.com.
(c) If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand, or by pre-paid post to 5 Anjou Crescent, Fareham, Hampshire PO15 5DA. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
Upon acceptance, you have agreed to our Company Terms and Conditions and a contract has been formed between you (the Client) and Us (AJ Electrical Services)