Terms and Conditions / Warranty

1. All Works

1. AJH Electricians will ensure that, in carrying out the Works, it complies with all relevant codes of practice, including, without limitation, the following:

1. 1. All electrical installation work will comply with BS7671:2008 and all subsequent amendments in force at the time.

   2. All electrical installation work will comply with applicable Wiring Regulations in force at the time.

2. Electrical Installation and Minor Works certificates and Building Regulations, where applicable notifications issued by AJH Electricians cover only those works installed by AJH Electricians.

3. Where Work is to extend or modify existing circuits, costs quoted assume existing circuits are safe and in adequate condition. Works required to bring these circuits up to current regulations will be at an additional cost, which will be as No addition or alteration will be carried out to rubber insulated (VIR) or lead sheathed cables.

4. Where fitted furniture or floor coverings require temporary removal, best endeavours will be made to avoid damage and to refit to an acceptable standard.

5. AJH Electricians will provide the Works in accordance with the specification set out in the accepted Quotation (as may be amended by agreement between the client and AJH Electricians from time to time).

6. AJH Electricians may provide sketches, plans, diagrams or similar documents in advance of the Works. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Works neither to guarantee specific results.

7. AJH Electricians will use reasonable endeavours to ensure that the products it uses match those chosen by the client and are consistent throughout the client’s property for the Works (“Property”) (or relevant parts of the Property). However, AJH Electricians cannot guarantee the quality or consistency of the products.

8. AJH Electricians will ensure that the Works are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.

9. Where Work is to last for more than one working day, the AJH Electrician will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to the client’s use and enjoyment of the Property while work is being carried out. AJH Electricians will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.

10. Unless agreed beforehand, Quotations provided do not include ‘making good’ and/or decoration of surfaces.

11. AJH Electricians will endeavour to maintain a clear and tidy working environment. As with any building works, some additional vacuuming and cleaning down of surfaces should be expected. Items susceptible to damage from dust (e.g. TV, video or computer equipment) must be removed from the work area by the client prior to AJH Electricians’ arrival.

12. Installation of new consumer units (fuse board) is subject to the whole installation being tested at outset. The basic cost for this is included in the installation cost.

13. Electrical faults found during the above testing which are deemed unsafe, must be rectified prior to connection to the new consumer unit. Such issues will be brought to the client’s attention as soon as is practical during testing and may incur additional costs.

14. AJH Electricians will use only its qualified electricians and personnel (the “AJH Electrician”) and this may be a sub-contractor.

2. Orders, Formation of Contract and Exclusions

1. AJH Electricians accepts orders for Works (“Orders”) through telephone, email or verbal face to face instruction.

2. When placing an Order the client should set out, in detail, the electrical services required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required (e.g. wiring, installation of appliances etc.).

3. Once the Order is complete and submitted AJH Electricians will prepare a Quotation and send it to the client either by email or post. The Quotation will set out the details of the Order, and required fee (see also Clause 3 below).

4. The client may make changes to the Order before accepting a Quotation. Any changes to an Order requested by the client subsequent to the receipt by it of the Quotation are to be provided in writing and may incur additional costs.

5. Quotations must be accepted in writing by the client and must be agreed prior to agreeing a date for commencement of works If the commencement date for the commencement of the Work is not stated on the Quotation it shall be provided in writing to the client and confirmed agreed by the client.

6. Limited light moving of some items to create access is acceptable; however the clearing and/or moving of furniture and other items blocking access to work areas are not included within the Quotation.

7. Clearing of site and disposal of all waste materials that are not AJH Electricians own materials is not included.

3. Pricing

1. 1. Quoted costs assume continuous and unhindered access to the Property by prior arrangement with the client .Fees and costs are exclusive of VAT.

   2. Day rate costs quoted assume standard working hours between 08:00hrs – 17:00hrs Monday to Friday inclusive of breaks. Work required by the client outside these hours may incur an additional cost.

   3. Quotations are valid for 30 days.

4. Risk and Title of Goods

1. 1. The risk in all goods at the Property shall remain the responsibility of the client. A secure place may be required for storage.

   2. All goods supplied shall remain the property of AJH Electricians until all sums due have been paid in full.

5. Warranty

1. AJH Electricians warrants its installation work to be defect free for a period of 24 months from the completion date. Cover does not extend to goods supplied by client or third parties, physical damage, wilful misuse or instances where the installation has been altered or tampered with by client or third parties. The warranty excludes fair wear and tear, lamps, fuses and other consumables. All electrical items supplied are covered by the manufacturers’ warranty only.

2. Where projects involve works by client or third parties, any loss/damage to the electrical installation or goods supplied by client or third parties will remain the responsibility of the client and thereby any repairs/rectification costs remain the responsibility of the client.

3. Security alarms will be fitted with tamper seal on main panel. All warranty is void if the seal is broken. Requests of engineer code will also void warranty.

4. AJH Electricians will maintain suitable and valid insurance including public liability insurance. All work is fully insured up to £2,000,000.00 (Two Million Pounds)

6. Health & Safety

1. 1. Whilst every endeavour will be taken AJH Electricians will not accept responsibility of unsupervised children and/or pets whilst working on the Property.

7. Payment

1. AJH Electricians shall invoice the client once the Works have been completed. Unless agreed in writing, payment in full is to be made on receipt of invoice (Domestic) or within 7 days of receipt of invoice. (Commercial)

2. Late payment administration charge up to £100

3. Interest charged for late payment will be 8%.(Commercial) 3%(Domestic) plus the Bank of England base rate for all transactions from that time until payment in full is made. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. If the client has promptly contacted AJH Electricians to dispute an invoice in good faith AJH Electricians will not charge interest while such a dispute is ongoing.

4. Larger projects may require a non-refundable deposit, as stated in Quotation (if applicable).

5. Where projects involve separate first and second fix works, part payment may be due on completion of first fix (see Quotation for more details).

6. Payment is accepted via card, bank transfer, cash or cheque.

7. In the event of late or non-payment AJH Electricians reserves the right to withhold certificates for work carried out and / or warranty work required until such payments are made. The client also agrees to be liable for AJH Electricians reasonable legal costs in enforcing due payment or its other rights under the Agreement.

8. Communication, Contact Details and Complaints

1. Full details of AJH Electricians’ complaints procedure and associated documentation are available upon request.

2. If the client wishes to contact AJH Electricians with questions, the client may contact AJH Electricians by telephone at 03332070377 or by email at info@ajh-electricians.co.uk. Any complaints must be in writing and addressed to AJH Electricians or emailed to AJH Electricians at info@ajh-electricians.co.uk.

3. In certain circumstances the client must contact AJH Electricians in writing (as stated in various Clauses throughout these Terms and Conditions). When contacting AJH Electricians in writing the client may use the following methods:

   contact by email at info@ajh-electricians.co.uk; or

   contact by pre-paid post to 4 Gunners Park, Bishops Waltham, Southampton SO32 1PD .

4. If we are unable to reach a satisfactory conclusion you may make a formal complaint to the NICEIC.
   Full information on how to complain can be found at: http://www.niceic.com/householder/complaints
   1. If you are unsure as to the suitability of your complaint to the NICEIC you may discuss this with them before submitting the complaint. Please contact them on 0870 013 0382.
   2. Complaints should be sent to: NICEIC Head Office Warwick House Houghton Hall Park Houghton Regis Dunstable LU5 5ZX or Email: enquiries@niceic.com
   3. Alternatively, you may submit your complaint online at: http://www.niceic.com/householder/complaints
   4. The following documents are available upon request: NICEIC Code of Conduct, NICEIC complaint resolution process flowchart, complaint form

9. Client’s (Your) Obligations

1. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, the client must obtain them before AJH Electricians begin to provide the Work.

2. AJH Electricians may ask the client to remove certain furniture, fixtures and fittings in the Property before beginning work. Unless specifically agreed otherwise, this is the client’s responsibility.

3. The client will ensure that the AJH Electrician can access the Property at the agreed times to provide the Work.

4. The client may either give the AJH Electrician a set of keys to the Property or be present at the agreed times to give the AJH Electrician access. AJH Electricians promises that all keys will be kept safely and securely by the AJH Electrician.

5. The client must ensure that the AJH Electrician has access to electrical outlets.

6. The client must give AJH Electricians at least 24 hours notice if the client does not require the AJH Electrician to provide Work on a particular day or at a particular time. AJH Electricians will not invoice for cancelled visits provided such notice is given. If less than 24 hours notice is given AJH Electricians will invoice the client at the normal rate.

10. Changing the Start Date

1. If the client asks AJH Electricians to change the agreed / stated Start Date:

1. AJH Electricians will where reasonably agree a revised start date; if not it may be possible to agree a revised stat date either the client or AJH Electricians may terminate the Agreement (see Clause 13).

2. If AJH Electricians asks the client to change the start date, the client may either:

1. Agree a revised date with AJH Electricians.

2. Or terminate the agreement (see Clause 13).

11. Cancellation of Contract During the Cooling Off Period

1. Where the Agreement is not made “on AJH Electricians’ premises”, the client has a statutory right to a “cooling off” period. This period begins once the Agreement between the client and AJH Electricians is formed and ends at the end of 14 calendar days after that date.

2. If the client wishes to cancel the Agreement within the cooling off period the client should inform AJH Electricians immediately by a clear statement (e.g. a letter sent by post, or email to the postal address, or email address specified in these Terms and Conditions

3. To meet the cancellation deadline, it is sufficient for the client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.

4. If the client exercises the right to cancel the client will receive a full refund of any amount paid to AJH Electricians in respect of the Work.

5. AJH Electricians will refund money using the same method used to make the payment, unless the client has expressly agreed otherwise. In any case, the client will not incur any fees as a result of the refund.

6. AJH Electricians will process the refund due to the client as a result of a cancellation without undue delay and, in any case, within the period of 14 days after the day on which AJH Electricians is informed of the cancellation.

7. If the Start Date falls within the cooling off period the client must make an express request for provision of the Work to begin within the 14 calendar day cooling off period. This request forms a normal part of the ordering process. The client hereby expressly requests the Work to commence on the date shown in the Quotation (or otherwise provided in writing to the client). By making such a request the client acknowledges and agrees to the following:

   1. 1. If the Work is completed within the 14 calendar day cooling off period, the client will lose the right to cancel once the Work is completed;

      2. If the client cancels the Agreement after provision of the Work has begun the client will be required to pay for the Work supplied and carried out up until the point at which the client informs AJH Electricians of its wish to cancel;

      3. The amount due will be calculated in proportion to the full price of the Work and the actual electrical services already provided. Any sums that have already been paid for the Work will be refunded subject to deductions calculated on this basis;

      4. AJH Electricians will process any refund within 10 days and in any event no later than 14 calendar days after the client informs AJH Electricians of its wish to cancel.

8. Clauses 12, 13 and 14 apply to termination of the Agreement after the 14 calendar day cooling off period has elapsed.

 

12. Cancellation Before the Start Date

1. In addition to the client’s rights in Clause 11 above relating to the cooling off period, the client may terminate the Agreement (i.e. cancel the Work) at any time before the Start Date as follows:

   1. If the client cancels the Agreement more than 28 days before the Start Date AJH Electricians will refund any deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of cancellation.

   2. If the client cancels the Agreement less than 28 days before the Start Date AJH Electricians will retain from any deposit a sum to cover any net financial loss that AJH Electricians suffers due to the cancellation. AJH Electricians will refund the balance of any deposit to the client as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If AJH Electricians net financial loss is more than the amount of the Deposit, AJH Electricians will invoice the client for the shortfall and the client will be required to make payment in accordance with Clause 7(a).

2. AJH Electricians may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of its reasonable control. If such cancellation is necessary, AJH Electricians will inform the client as soon as is reasonably possible. AJH Electricians will refund any deposit and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.

13. Termination

1. The client may terminate the Agreement with immediate effect by giving AJH Electricians written notice if:

   1. 1. AJH Electricians have breached the Agreement in any material way and have failed to remedy that breach within 10 days of the client asking AJH Electricians in writing to do so;

      2. AJH Electricians enter into liquidation or have an administrator or receiver appointed over its assets;

      3. The client and AJH Electricians have been unable to agree a revised Start Date under Clause 10 or the client elects to terminate the Agreement under Clause 10;

      4. AJH Electricians is unable to provide the Work due to an event outside of its control (see Clause 15).

2. AJH Electricians may terminate the Agreement with immediate effect by giving the client written notice if:

   1. 1. The client fails to make a payment on time as required under Clause 7(a) (this does not affect AJH Electricians right to charge interest on overdue sums under sub-Clause 7(b));

      2. The client has breached the Agreement in any material way and have failed to remedy that breach within 10 days of AJH Electricians asking the client in writing to do so; or

      3. The client and AJH Electricians have been unable to agree a revised Start Date under Clause 10;

      4. AJH Electricians has been unable to provide the Work for more than 6 weeks due to an event outside of its control (see Clause 15).

3. For the purposes of this Clause a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

4. If at the termination date:

   1. 1. The client has made any payment to AJH Electricians for any Work that AJH Electricians has not yet provided, these sums will be refunded as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice;

      2. AJH Electricians has provided Work that the client has not yet paid for, the sums due will be deducted from any refund due to the client or, if no refund is due, AJH Electricians will invoice the client for those sums and the client will be required to make payment in accordance with Clause 7(i).

14. Effects of Termination

1. If the Agreement is terminated for any reason:

1. In the least clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.

2. Termination will not remove or reduce any right to damages or other remedy which either the client or AJH Electricians may have in respect of any breach of the Agreement which exist at or before the date of termination.

15. Events Outside of Our Control (Force Majeure)

1. AJH Electricians will not be liable for any failure or delay in performing its obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond its reasonable control.

2. If any event described under this Clause occurs that is likely to adversely affect AJH Electricians performance of any of its obligations under these Terms and Conditions:

1. 1. 1. AJH Electricians will inform the client as soon as is reasonably possible;

      2. AJH Electricians obligations under the Agreement will be suspended and any time limits that AJH Electricians is bound by will be extended accordingly;

      3. AJH Electricians will inform the client when the event outside of its control is over and provide details of any new dates, times or availability of Work as necessary;

      4. The client or AJH Electricians may terminate the Agreement (see Clause 13).

16. Liability

1. AJH Electricians will be responsible for any foreseeable loss or damage that the client may suffer as a result of AJH Electricians’ breach of these Terms and Conditions or as a result of the negligence of AJH Electricians. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by the client and AJH Electricians when the Agreement is entered into. AJH Electricians will not be responsible for any loss or damage that is not foreseeable.

2. In respect of any client who is not a business client (requiring Work for stated business purposes) AJH Electricians makes no warranty or representation that the Work is fit for commercial, business or industrial purposes of any kind.

3. AJH Electricians will not be liable to the client for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

4. AJH Electricians total liability for any loss or damage caused as a result of our negligence or breach of these Terms and Conditions or the Agreement (or that of the AJH Electrician) is limited to £2,000.000.00 (Two Million Pounds).

5. AJH Electricians is not liable for any loss or damage the client suffers which results from the client’s failure to follow any reasonable instructions given by AJH Electricians or the AJH Electrician.

6. Nothing in these Terms and Conditions is intended to or will limit or exclude AJH Electricians’ liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

7. Nothing in these Terms and Conditions is intended to or will limit the client’s legal rights as a Consumer under any consumer protection legislation. For more details of the client’s legal rights please refer to your local Citizens Advice Bureau or Trading Standards Office.

17. How We Use Your Personal Information (Data Protection)

1. All personal information that AJH Electricians may collect (including, but not limited to, the client’s name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and the client’s rights under that Act.

2. AJH Electricians may use the client’s personal information to:

   1. 1. provide the Work;

      2. process the client’s payments for the Work;

      3. inform the client of new products and services available from AJH Electricians. The client may request that AJH Electricians stops sending the client this information at any time.

3. In certain circumstances (if, for example, the client wishes to pay for the Work on credit), and with the client’s consent, AJH Electricians may pass the client’s personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold the client’s personal information accordingly.

4. AJH Electricians will not pass on the client’s personal information to any other third parties without first obtaining the client’s express permission.

18. Other Important Terms

1. AJH Electricians may transfer (assign) its obligations and rights under the Agreement to a third party (this may happen, for example, if AJH Electricians sells its business). If this occurs AJH Electricians will inform the client in writing. The client’s rights under the Agreement will not be affected and AJH Electricians obligations under the Agreement will be transferred to the third party who will remain bound by them.

2. The client may not transfer (assign) its obligations and rights under the Agreement without AJH Electricians express written permission (such permission not to be unreasonably withheld).

3. The Agreement is between the client and AJH Electricians. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.

4. If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.

5. If immediate action in relation to the Agreement is not taken by AJH Electricians or the client then that party does not, merely by a delay in taking any action, waive or forego any rights that it has under the Agreement.