1.1 Supplier and Promoter refers to Isis Electrical, 84 Queens Avenue, Kidlington, OX5 2JJ.
1.2 Customer and Client mean the person who accepts the estimate or who authorises Isis Electrical to undertake the works.
1.3 Goods and works mean the installation the Supplier is authorised to undertake by the Customer.
2.1 Any order or telephone confirmation shall be deemed to be an offer by the Customer for the Supplier to carry out the works to these Terms and Conditions.
2.2 The contract between the Supplier and the Customer in respect of the works comes into existence when the Supplier accepts to carry out the work in accordance with the Terms and Conditions herein.
2.3 These Terms and Conditions shall not be altered, modified or varied unless expressly agreed in writing by a Director of Isis Electrical.
3.1 The price shall be the price quoted by the Supplier at the time of the customer placing the order excluding Value Added Tax, which shall be due at the rate ruling on the date of the Supplier invoice.
3.2 Any variation to the price will be charged and invoiced accordingly to the Customer placing the order.
3.3 Any variation from the agreed plans set down in the contract will result, at the Suppliers discretion, in additional charges to be met by the Customer.
4.1 Orders require a 30% deposit paid in advance prior to works being scheduled.
4.2 The remainder of the invoice is to be paid in accordance to the payment schedule noted in the contract.
4.3 All invoices must be paid by return, the progression of the works can be suspended if payment is not received.
4.4 In the event of late payment the Supplier reserves the right to charge interest on overdue amounts at an interest of 8% above the prevailing base rate of Barclays Bank PLC, calculated on a daily basis.
4.5 Payments are accepted by cash, card and bank transfer. Cheques are subject to a 7 working day clearance period before confirmation.
4.6 No certificates of any kind are issued until payment is
made in full.
5.1 Delivery times quoted are estimates only and time shall not be of the essence of the contract.
5.2 Delivery shall be deemed to take place when the goods arrive at the Customer’s premises.
5.3 All risk in the goods shall pass to the Customer or its appointed agent at the time of delivery.
6.1 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.
6.2 Prior to the goods passing to the Customer the Customer shall hold the goods as fiduciary agent to the Supplier and shall keep the goods separate from any other goods properly stored, protected, insured and clearly identified and shall bear the costs thereof.
6.3 The Customer shall not sell or attempt to sell the goods before the Supplier has received full payment for the said goods.
6.4 If the customer nevertheless does purport to sell the goods then without prejudice to any other right or remedy available to the Supplier then the beneficial entitlement of Supplier shall attach to the proceeds of such sale or to the claim for such proceeds.
7. DRAWINGS etc
7.1 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.
7.2 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 the Supplier.
8. LOSS AND DAMAGE IN TRANSIT
8.1 The Supplier will refund the cost of, or at its discretion, replace or repair free of charge, any of the goods proved to the satisfaction of Supplier 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 the Supplier in writing of the occurrence of the damage or loss and its nature and extent.
9.1 In respect of the goods the subject matter of any warranty of guarantee given by the manufacturers of the same, the Supplier 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 Supplier will, at its 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 Supplier or poor workmanship provided that:
a. Supplier is notified in writing within 7 days of the Customer first discovering any such defects and in any event during the currency of such manufacturers warranty or guarantee.
b. The defective goods are returned to Supplier at the Customer’s expense.
c. Examination by Supplier 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 Supplier.
d. The Customer shall pay to the Supplier the cost (as certified by the Supplier) of any examination of such goods as a result of which the Supplier denies liability.
9.2 As per the agreement with the Suppliers registration body, a further insurance backed warranty is available on request, at the expense of the Customer. Details can be found here.
10. EXCLUSION OF LIABILITY
10.1 Except where provided otherwise in these Terms and Conditions, the Supplier shall be under no liability of whatsoever caused whether or not due to the negligence or wilful default of Supplier or its servants or agents arising out of or in connection with the goods.
10.2 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 Supplier for death or personal injury resulting from negligence of Supplier or its servants or agents.
10.3 In any event liability to the Supplier shall be limited to direct loss and shall not include indirect or consequential loss.
11.1 The customer shall not return goods or cancel orders without the previous consent from the Supplier. Such consent will not be given where goods have been specially purchased by the Supplier to meet the Customer’s requirements. If the Supplier gives such consent, it reserves the right to make a cancellation charge.
12. PROPRIETY RIGHTS
12.1 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.
12.2 The Customer agrees to indemnify the Supplier against all liabilities, costs and expenses that the Supplier 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.
13.1 The Supplier reserves the right to sub-contract any part of any work or supply of any goods or services.
14. CONSTRUCTION AND USE
The Supplier 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.
The benefit of this Agreement may be assigned either in whole or in part by the Supplier 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.
The headings of these Conditions are for convenience only and shall have no effect on the interpretation thereof.
Supplier shall be entitled by notice in writing summarily to determine any agreement without prejudice to any claim or right Supplier 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.
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.
19. PRIZE DRAWS
19.1 This prize draw is open to UK residents aged 18 years or over who have engaged the promoter previously.
19.2 Entries must be received by midday on the last day of the relevant month. The Promoter accepts no responsibility for any entries that are incomplete, illegible, corrupted or fail to reach the Promoter by the relevant closing date for any reason. Proof of posting or sending is not proof of receipt. Entries become the property of the Promoter and are not returned. The promoter reserves the right to reject entries at their discretion.
19.3 To enter the Promoter must be informed of the recommendation prior to projects being awarded, or for reviews, testimonials, comments or complaints either in writing to the promoters address or via email to email@example.com. Entries via other means will not be accepted.
19.4 All correctly completed entries will be entered into a prize draw which will take place within the first seven days of the following month.
19.5 The prize for the winner is a single bottle of champagne with no cash equivalent.
19.6 A minimum of one winner per month will be selected, with further winners to be selected at the promoters’ discretion.
19.7 Prizes are subject to availability. In the event of unforeseen circumstances, the Promoter reserves the right (a) to substitute alternative prizes of equivalent or greater value and (b) in exceptional circumstances to amend or foreclose the promotion without notice. No correspondence will be entered into.
19.8 The winner will be notified via email or post within 28 days of the draw. The winner must claim their prize within 14 working days of the Promoter sending notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with these rules.
19.9 To obtain details of the winner please email firstname.lastname@example.org 4 weeks after the closing date.
19.10 The Promoter will use any data submitted by entrants only for the purposes of running the prize draw, unless otherwise stated in the entry details. By entering this prize draw, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this prize draw and any other purposes to which the entrant has consented.
19.11 The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.
19.12 By entering the prize draw each entrant agrees to be bound by these terms and conditions.
19.13 These terms and conditions are governed in accordance with the laws of England and Wales.
20.1 Only one discount may be applied to each purchase.
20.2 Discounts have no cash value.
20.3 The Promoter reserves the right to withdraw, amend and cancel discounts and offers at any time and without warning.