Business Trading Terms & Conditions
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Amara Electrical Contractors Ltd.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by the Company.
The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 20%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour & Materials, and shall be within 10% over and above the equivalent total hourly rate cost. All costs are plus VAT at the prevailing rate.
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:—
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared . (iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) The Customer must be informed wherever possible when the operative leaves the premises.
(c) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.
(d) Only one engineer is allowed to leave the job to collect parts.
(e) The collection of materials which should be normally stocked items is non-chargeable.
Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative/engineer or for the late or non delivery of materials.
The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Corgi Regulations or Gas Warning Notice issued.
Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
Engineers operate under their own Corgi Registration & as such are solely responsible for any Gas related work & subsequent liability.
The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in the such goods has passed to the Customer:
(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.
These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
Website Usage Terms & Conditions
Accessing our site(s)
Access to our site(s) is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site(s) without notice. We will not be liable if for any reason our site(s) are unavailable at any time or for any period.
Intellectual Property Rights
We are the owner of all intellectual property rights in our site(s), and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site(s) for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site(s) must always be acknowledged.
You must not use any part of the materials on our site(s) for commercial purposes without obtaining a licence to do so from us.
The material displayed on our site(s) is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site(s), any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and:
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Reliance on Information posted
Commentary and other materials posted on our site(s) are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site(s), or by anyone who may be informed of any of its contents.
Further, we may change our site(s) at any time without notice by adding or removing features or services. This will be without liability to you. We reserve the right to withdraw offers and discounts at any time and at our discretion.
Pimlico Plumbers does not warrant that the information accessible via our site(s) is accurate and assumes no duty to update such information. We do not accept liability for any errors or omissions.
Amara Electrical have a privacy statement for all clients. All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation.
We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of any orders and payments secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
Viruses, Hacking and other Offences
You must not misuse our site(s) by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site(s), the server on which our site(s) is stored or any server, computer or database connected to our site(s). You must not attack our site(s) via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site(s) will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site(s) or to your downloading of any material posted on it, or on any website linked to it.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site(s) must not be framed on any other site, nor may you create a link to any part of our site(s) other than the home page. We reserve the right to withdraw linking permission without notice.
External Links from our site(s)
Any links featured on this site(s) have been included for your convenience only. The inclusion of a link does not imply that we endorse or accept any responsibility for the linked site, its content or its provider. Access to a linked site will be subject to that sites own terms and conditions, to which you should refer.
Law and Jurisdiction
This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Those who access our site(s) from other locations are responsible for compliance with their local laws and taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.
If you have any concerns about material which appears on our site(s), please contact firstname.lastname@example.org