Sales Contract with JEPSMART Electrical & Property Services
In this document JEPSMART Electrical and Property Services are referred to as Us, We and Our. You, the consumer, will be referred to as You and Your.
The very act of You requesting and accepting Our services and/or goods enters both parties into a binding sales contract. The standard UK consumer law contract for the provision of goods and/or services provides You with protection and is so well defined that the need for detailed terms and conditions is almost unnecessary. However, in order to provide assurance and insight into how We operate We’ve set out our Terms and Conditions below. You should notify Us at the earliest opportunity if You feel a particular condition gives cause for concern or confusion. Please note that Your basic consumer rights are not affected.
1. Project Planning, Estimating and Preparation
1.1 Our estimates, designs, specifications and other supporting documents are prepared on Our interpretation of Your requirements, usually following a home survey visit. We aim to deliver Your exact needs so it’s important that You thoroughly check all documents provided and be satisfied that We have completely understood. Please seek clarification where as soon as possible if you are unsure; We will happily detail how We will undertake Your project so You can be assured We will get it right first time.
1.2 Our offer of a free consultation and quotation extends up to medium sized jobs, i.e standard single-room projects. For larger multi-faceted projects, this offer pertains to verbal discussions and rough costings setting-out a platform to build detail upon.
1.3 With reference to point 1.2 above, where estimating and preparation work is likely to consume a considerable amount of time you may be charged a ‘Planning Fee’ to cover our costs which is payable in advance of the documents being produced for You. If required, this fee will be brought to Your attention in the early stages of planning and an amount agreed. Should You choose to proceed with the estimated work this Planning Fee will usually be deducted from Your final invoice.
1.4 Project designs, specifications and other supporting documents provided by Us remain Our intellectual property and may not be passed onto a third party for any reason without written permission from Us. You may be charged a fee if You share with third parties Our planning and estimating documents provided to You in good faith, i.e. to obtain a comparison quote, without Our express written permission.
1.5 Work will be undertaken during a period of time agreed with You, normally within Our standard operating hours of Monday to Friday 8am to 5pm. We will let You know what time to expect Us to arrive; however, Our arrival times are estimated based on many variables such as how long the previous job will take, traffic, weather etc. We always do Our best to arrive within the proposed timeframe but sometimes this is out of Our control. Where We will be significantly earlier or later than the agreed time We will let You know via text, phone or email.
1.6 If You ask Us to attend to an emergency outside of Our standard operating hours, or insist We down-tools on a current job during Our standard operating hours to attend an urgent matter, this will be classed as a ‘Call-out’. A Call-out will attract a premium rate as it means interference and inconvenience with prearranged plans and potential compensation to pre-booked customers. The Call-out hourly labour rate will be agreed with You at the time of contact; in addition to the hourly labour rate all materials Used and any associated certification will be charged for. We try to repair urgent faults in a temporary manner to minimise costs and disruption with a further visit booked during standard operating hours to affect a permanent solution. The minimum labour charge of any Call-out is £75 regardless of whether You cancel the job whilst We are en-route or whether We manage to affect repair within minutes of arriving. We believe this fee is reasonable and allows Us to continue to offer a fair-priced responsive service to all.
1.7 Our estimates assume We will have unhindered access to Your property and the relevant work area by prior agreement. We expect that water and electricity supplies are available and toilet facilities are provided for the team’s welfare.
1.8 Construction work brings many challenges and dangers which we take many steps to minimise. Depending on the type of work We are undertaking You and other visitors may be excluded from the work area/property until such a time that We deem the area/property safe to be accessed by untrained persons. Of course progress visits and discussions are key to a successful project and these will be agreed with You in advance to ensure You can follow the progress and guide Us accordingly. With this H&S aspect in mind, we must forewarn that a single breach of Our access agreement may result in work stopping immediately without notice. Furthermore, a single or multiple breach of Our access agreement may lead Us to withdraw Our services completely and without notice under Breach of Contract. In this instance You will remain liable to pay for the work and materials provided up until the point of termination and You may also be liable to pay cancellation costs.
1.9 We are not currently VAT registered which means We do not charge VAT on Our services making Our prices more affordable.
1.10 Our estimates are valid for 30-days from the date of issue unless otherwise specified on the estimate document.
1.11 We recommend that You procure Your own goods and installation materials for Us to install on Your behalf. This ensures there is clarity over ownership, quality, supplier and suitability, and it also enables You to source the best deals. We are happy to spend time guiding You towards choosing the correct and preferred products for the job. If You prefer that We procure these fittings and installation materials on Your behalf for Your convenience it is Our pleasure to do so; however, We ask You to consider these two points:
a. Some customers have very precise requirements in mind for the products/materials they want in their home. If this is You then please ensure You are explicit in Your request, for example, there are many different brands, styles and colour of light fittings and light bulbs, the variations are limitless. If Your request is not specific enough We may inadvertently, but in good faith, install a light fitting that You are not completely happy with; replacing fittings after they’ve been installed may attract additional costs;
b. If We procure and install a product for You on Your behalf We will have purchased what We were led to believe was a quality item in good faith from a reputable supplier, just as You would have done if it was You at the sales counter. If this product fails within an unreasonable timeframe We understand Our liabilities under consumer law but ask that You are patient with Us to affect a remedy. We will endeavour to work with You to remedy the fault assuming the fault arises within a reasonable timescale of it being supplied and installed and has not been misused. We do not install goods expecting them to fail earlier than might be expected so We will be just as disappointed. Depending on the failed product, costs may be incurred to strip down an installation to extract, repair and/or replace a faulty product that We procured for You. We will discuss the nature of the work involved, highlight any necessary costs and ask that You make a reasonable agreement with Us in relation to recovering these costs.
1.12 As soon as You ask Us to proceed with Your project You have the right to cancel Your request within 14-days. If We are due to commence work on Your project within this 14-day period You will be asked to sign a form waiving Your right to cancel. Please refer to section 9. Right to Cancel, below.
2.1 We undertake all electrical work based on the assumption that the existing electrical installation has been well maintained and conforms to the current edition of BS7671 Wiring Regulations, including earthing, bonding, circuit protection and RCD requirements. If We find that the existing installation does not conform to the current BS7671 Wiring Regulations We may need to apply additional charges. Please refer to section 4. Variations, below.
2.2 All new electrical installation work will comply with Building Regulations and Wiring Regulations in force at the time of planning the project and We will inspect, test and certify Our electrical work accordingly.
2.3 Unless otherwise agreed with You, all cables will be concealed by chasing into the building fabric or concealed in building voids/under floors/stud walls etc. Where this is impractical or deemed more appropriate/cost effective cables will be surface mounted with clips or housed within trunking/conduit.
2.4 We will patch-plaster all cable chases and openings for electrical back boxes; however, final finishing by sanding/blending of the patched area and redecoration is excluded unless otherwise agreed with You and detailed in the estimate.
2.5 We will not charge extra for lifting or removing small areas of soft-floor coverings to access concealed services. We will endeavour to take care of and refit them to a reasonable standard; however, consideration should be given to employing a floor covering specialist post-completion at Your cost to affect a fully satisfactory reinstatement. Hard-floor coverings such as laminate flooring and tiling will not be lifted to gain access to concealed services unless this has been agreed with You in advance and a cost for removal and a plan/cost for replacement has been agreed with You also.
2.6 All efforts will be made to undertake installation work in a manner that minimises mess and disruption; however, construction work often leads to opening up the building fabric, the dust of which is impossible to completely contain. We will, however, leave the work area as clean as possible by using dust sheets and vacuum cleaning equipment as necessary. You may find that a deep-clean of the work area/property post-completion at Your expense will be beneficial.
2.7 If asbestos, or material suspected to be asbestos, is found during the project then We may not be able to safely proceed without seeking professional advice or asbestos testing at Your expense – this is for everyone’s safety.
2.8 If We uncover a serious hidden danger during Our work on Your property You will be notified immediately. The project is likely to be halted until the danger has been assessed and an action plan agreed with You. Specialist assessors and specialist contractors may be required to rectify the danger before Our work may continue. Any additional costs in this instance will be Yours to pay, however, You will be in control of the action plan and therefore the extent of extra cost.
3.1 Clearing and/or moving of furniture and other items blocking access to work areas are not included unless otherwise agreed in writing.
3.2 Making-good and redecoration is excluded unless specified in the estimate.
3.3 Disposal of associated waste is not included unless specified in the estimate.
4.1 If You ask Us to undertake any work in addition to that which is detailed on Your estimate You will be charged a reasonable fee for labour and materials in keeping with the pricing schedule for the main project. We will always try to accommodate minor requests at little or no additional charge but this may not always be possible. We will not usually have time to pause progress and/or provide a written estimate for variations once the project has begun in order to keep the project on-track; however, You may ask for a written or verbal estimate before We start work on additional items provided the delay does not hold up ongoing work tasks that will force Us to incur delays/additional costs, unless these are accepted by You.
4.2 We often face unexpected challenges during Our projects, sometimes these can be brought to Your attention as a little job for the future but more often than not they have to be rectified at the time in order to continue the project and will likely not be covered within the estimated costs. We will alert You to such matters as soon as is reasonably possible and We will always ask You how to proceed unless We can fix the issue within the scope of the agreed estimate. If additional costs are likely We will not proceed without Your verbal or written agreement. We promise to be honest with Our findings, provide photos if necessary, explain Your options, costs and timescales and work with You to find the best solution. We are experienced in dealing with the unexpected and ask that You work with Us and be guided by Our experience.
4.3 All extras and variations should be agreed in writing prior to commencement to avoid any confusion when it’s time to pay invoices, notwithstanding point 2.7, 2.8, 4.1 and 4.2, above.
5.1 All work, where applicable, will be executed in compliance with applicable Building Regulations and Wiring Regulations in force at the time of planning the project. You may instruct Us to deviate from Building Regulations at Your own risk in which case a written instruction and full acceptance of liability will be required for Our records. If we believe that a particular deviation from Building Regulations causes an unnecessary risk to persons, livestock or property We will decline to act on such an instruction.
6. Risk and Title of Goods
6.1 The risk of all goods supplied by Us shall pass to You upon completion of the project; however, We understand Our responsibilities under UK consumer law and will endeavour to work with You should a product fail before it is reasonably expected to do so. Please refer to point 1.11, above.
6.2 All goods supplied by Us shall remain Our property until all outstanding invoices have been paid in full. Some goods supplied by Us may be removed from Your property if an invoice remains unpaid unless it is being processed through a registered dispute resolution service or professional mediator. Please refer to point 8.9, below.
6.3 Please note that You are responsible for removing or protecting any fixtures, furniture, equipment, ornamental items and other personal belongings that are vulnerable to damage and/or loss prior to work commencing. If there are any items that cannot be removed but are vulnerable or irreplaceable then please ensure these are brought to Our attention prior to work commencing so We can arrange to safely work around and preserve the respective items. We regret that We will not be liable for damage innocently caused to Your property/possessions where We have taken adequate measures to preserve them and/or You have failed to notify Us of their presence and/or value be it financial or sentimental.
6.4 Where We have been given keys to access Your property in Your absence, We will secure Your property to a specification agreed with You i.e. doors locked and security alarm set; however, We regret that We will not be liable for subsequent loss or damage to Your property or contents, howsoever caused and regardless of whether the property is occupied or not.
7.1 We are pleased to guarantee all Our work for a minimum of 12-months from the date of completion. Such cover does not extend to goods not supplied by Us nor does it cover accidental damage, misuse, tampering or wear and tear to items installed by Us whether We supplied them or not. We understand Our position under UK consumer law and will fulfil Our requirements in this regard as necessary provided You work with Us to agree a suitable solution.
7.2 Some of Our electrical work will qualify for the NICEIC’s 6-year Platinum Promise insurance-backed warranty, please ask Us if You’re not sure if Your work qualifies or look online at http://www.niceic.com/find-a-contractor/platinum-promise.
8 Payment and Customer satisfaction
8.1 Payment of Your project is due within 24-hours of completion by cash or bank transfer. Please note we no longer accept cheques.
8.2 For larger projects you will be asked to pay the estimated total in stages over the course of the project and We may issue a payment schedule; this will be agreed with You prior to commencement. In this instance payment of Your project is due within 24-hours of each invoice issue date or per the agreed payment schedule.
8.3 You will be charged as per the amounts detailed in the estimate provided, or where an estimate is not provided, at the hourly/daily labour rate agreed plus materials used and certification. If the estimated costs are likely to change once work has commenced due to unforeseen circumstances then You will be consulted on how You would prefer to proceed as per item 2.7, 2.8, 4.1 and 4.2, above.
8.4 For work charged on an hourly rate basis, reasonable travel time will be added to the final invoice to cover travel to and from the job and also any other travel i.e. to collect materials for the project.
8.5 Variations will be itemised on the invoice so You can be sure You are being charged correctly.
8.6 You may be asked to provide a non-refundable reservation fee to guarantee your booking; in this instance You will be notified in writing or in person during a home survey visit. You may be asked to provide a non-refundable upfront payment for projects requiring professional consultation and/or a large quantity/value of materials; in this instance You will be notified in writing or in person during a home survey visit.
8.7 If Your circumstances change during work on Your property You are obliged to inform Us immediately in order that We may try to adjust the work schedule where possible to suit Your budget. Where We cannot reasonably agree an adjustment to the work schedule to assist your change in circumstance We will withdraw Our services completely under Breach of Contract. In this instance You will remain liable to pay for the work and materials provided up until the point of termination and You may also be liable to cover cancellation costs.
8.8 Unpaid or late payment of invoices may attract an interest charge for the duration the invoice remains unpaid. Where applied at Our discretion, unpaid or late payment of invoices will attract a daily interest rate of 8% plus the Bank of England ‘reference rate’ for each day the invoice remains overdue for payment.
8.9 If you find you are unable to pay Our invoice You must state your reason to Us immediately in writing but no later than 48-hours of the invoice being issued. If You are unhappy with Our work or goods supplied at any time then please tell Us immediately so that We can begin to correct matters. Consumers also have obligations under UK consumer law and as such We ask that You notify Us of any problems You experience and offer Us the opportunity to put these right.
8.10 If there is a difference of opinion over any particular matter pertaining to the works either ongoing or completed that We cannot settle formally between Us, We will engage the use of a professional Mediator the cost of which will be shared equally by both parties in order that swift resolution may be brought to the dispute. Other dispute resolution procedures are available and We are open to these should You feel they are more suitable.
8.11 We take photographs of Our work and other areas of Your home associated with Our work; We will use these photos on Our website and possibly other marketing mediums such as Facebook but will not reveal any personal or sensitive information.
8.12 We often record verbal conversations to protect the vital interests of both parties and to enable satisfactory contract fulfilment; further details of this are available on request.
8.13 We will behave in a cordially manner and may engage in light banter with You and other contractors if this is appropriate – it makes the day go by more pleasantly. If you feel We are behaving inappropriately We would be most grateful if you could bring this to Our attention immediately as We will not have meant to cause any upset.
8.14 Similarly, if we find Your behaviour or attitude, or that of Your house guests or visitors, inappropriate, aggressive or abusive either physically or verbally we will bring this to Your attention immediately. Severe instances of abuse or repeated instances of inappropriate behaviour will not be tolerated. Please note that we take Health and Safety matters seriously and that a single breach of this nature may result in work stopping immediately without notice. Furthermore, a single or multiple breach of this nature may lead Us to withdraw Our services completely and without notice under Breach of Contract. In this instance You will remain liable to pay for the work and materials provided up until the point of termination and You may also be liable to cover cancellation costs.
9. Right To Cancel
9.1 You have the right to cancel this contract within 14- (fourteen) days without providing any reason. The cancellation period will expire after 14-consecutive days from the date on which You agreed to proceed with Our services and/or receive Our goods as per Our estimate/s. To exercise Your right to cancel You must notify Us of Your decision in writing. This can be a letter sent by post, an email or by completing and submitting the ‘Right to Cancel’ form template available on request; however, it is not obligatory to use this form. To meet the cancellation deadline of 14consecutive days, it is necessary for You to send Your communication notifying Us of Your decision to exercise Your right to cancel before the cancellation period has expired.
9.2 Effects of Cancellation – If You cancel this contract within the 14-day right to cancel period, We will reimburse all payments received from You. We may make a deduction from the reimbursement for loss in value of any goods ordered and/or supplied, if the loss is a result of unnecessary handling by You. We will make the reimbursement without undue delay, and not later than:
a) 14-consecutive days after the day We receive back from You any goods supplied, or;
b) (if earlier) 14-days after the day You provide evidence that You have returned the goods, or;
c) If there were no goods supplied, 14-days after the day on which We are informed about Your decision to cancel this contract.
We will make the reimbursement using the same method of payment used for the initial transaction unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. If You have received goods in connection with the contract We shall collect these goods at Our expense unless You choose to bring them to Us. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9.3 Work begun prior to the expiry of the Cancellation Period – If You have agreed in writing that installation work will commence before the 14-day right to cancel period expires, and You subsequently cancel in accordance with Your rights, You are advised that reasonable payment will be due for any work carried out and/or goods supplied and/or installed. You must confirm in writing that work may commence before Your cancellation period expires. In this instance We will ask You to sign a document that will waive Your Right to Cancel.
9.4 Related Credit and Other Agreements – If You decide to cancel Your contract for Our goods and services, then any credit agreement and any other ancillary contracts related to the main contract will be automatically cancelled.
9.5 Cancellation Notice – Please complete and return the form within the 14-day right to cancel period ONLY IF YOU WISH TO CANCEL THE CONTRACT. We strongly suggest that letters sent by post are done so via special delivery to ensure they are received in time.
9.6 We withhold the right to cancel this contract and terminate work early at no cost to Us under breach of contract if any of our terms and conditions are violated.