AGW Electrical (Services) Ltd
Terms and Conditions of Trading
1 Price
1.1 The price quoted excludes VAT (unless otherwise stated). Rates if tax and duties will be charged at the rate applying at the time we install the goods.
1.2 Our tenders are open for acceptance for a period of 30 days (unless otherwise stated).
1.3 The price of goods excludes delivery and installation (unless otherwise stated).
1.4 The price of installation is based on work carried out between 8.00am and 4.00pm Monday to Friday. We may charge premium rates for out of hours work.
1.5 Unless otherwise stated, the price quoted is an illustrative estimate and only covers items within the specification. It does not include charges for other trades works, supply or erection of scaffolding, fees of surveyors or any inspecting authorities, time spent travelling, staying overnight or waiting on site, all of which maybe charged in addition.
1.6 At any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods and services to you.
2 Delivery and Installation
2.1 Although we make all reasonable efforts to affect delivery and installation in accordance with prearranged dates, such dates are estimates only and time shall not be of the essence.
2.2 If we fail to deliver the goods or carry out installation within a reasonable time, you may (by informing us in writing) cancel the contract, however:
2.2.1 You may not cancel if we receive your notice after the goods have been dispatched or installation has commenced.
2.2.2 If you cancel the contract, you can have no further claim against us under that contract.
2.3 If you accept delivery or installation of the goods after the estimated time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of goods).
2.4 We may carry out installation work or deliver the goods in instalments. Each instalment is treated as a separate contract.
2.5 If we are to carry out work at your premises you must ensure that:
2.5.1 The work place is safe for our workforce
2.5.2 You comply with any applicable laws and regulations
2.5.3 There is suitable access and lighting to the area to be worked upon
2.5.4 We are provided with access to running water and electricity free of charge.
2.6 We may decline to carry out the work if:
2.6.1 We believe that it would be unsafe, unlawful or unreasonably difficult to do you so
2.6.2 The premises (or access to them) are unsuitable for our vehicle or equipment.
3 Risk
3.1 The goods are at your risk from the time of delivery.
3.2 Delivery takes place either:
3.2.1 When the goods are loaded at our premises (if you are arranging carriage)
3.2.2 When the goods are unloaded at your premises or address specified by you (if we are arranging carriage).
3.3 You must inspect the goods and installation upon completion. If any goods are damaged, installation is defective or not completed according to the day work sheet you must telephone us within 24 hours of the work being carried out and write to confirm your claim within five days. You must give us a fair chance to inspect the work site and any damaged goods. If you fail to notify us in accordance with these requirements, you will be deemed to have accepted the installation and goods in accordance with the contract.
4 Payment Terms
4.1 You are to pay us in cash or cleared funds prior to delivery and installation, unless you have an approved credit account.
4.2 If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
4.3 If you fail to pay us in full on the due date we may:
4.3.1 Suspend or cancel work on site and any future deliveries.
4.3.2 Cancel any discount offered to you
4.3.3 Charge you interest at the rate set under S 6 of the Late Payment of Commercial Debts (Interest) Act 1998.
a) Calculated (on a daily basis) from the date of our invoice until payment.
b) Compounded on the first day of each month
c) Before and after any judgment (unless a court orders otherwise).
4.3.4 Claim fixed sum compensation from you under S 5A of that Act to cover our credit control overhead costs.
4.3.5 Recover (under clause 4.7) the cost of taking legal action to make you pay.
4.4 If you have an approved credit account, we may withdraw it or reduce your credit limit or bring forward your due date for payment. We may do any of these at any time without notice.
4.5 You do not have the right to off set any money you may claim from us against anything that you may owe us.
4.6 While you owe money to us, we have a lien on any of your property in our possession.
4.7 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly) including financing costs and including legal costs on a full indemnity basis following any breach by you of any of your obligations under these terms
4.8 Any queries to the invoice costs must be given in writing within 14 days of receiving the invoice.
4.9 In the event that we haven’t received any grievances within 14 days of receiving the invoice, it will be deemed that the Works, goods supplied and costs are to your complete satisfaction.
5 Title
5.1 Until you pay all debts you may owe us
5.1.1 All goods supplied by us remain our property.
5.1.2 You must store them so that they are clearly identifiable as our property.
5.1.3 You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us.
5.1.4 You may use those goods and sell them in the ordinary course of your business, but not if
a) We revoke that right (by informing you in writing)
b) You become insolvent
5.2 You must inform us (in writing) immediately if you become insolvent.
5.3 If your right to use and sell the goods ends you must allow us to remove the goods.
5.4 We have your permission to enter any premises where the goods may be stored.
5.4.1 At any time to inspect them
5.4.2 After your right to use and sell them has ended, to remove them, using reasonable force if necessary
5.5 Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.
5.6 You are not our agent. You have no authority to make any contract on our behalf or in our name.