In this document JEPSMART Electrical and Property Services is referred to as Us, We and Our. You, the consumer/client, will be referred to as You and Your.
The act of You requesting and accepting Our services and/or goods enters both parties into a binding sales contract. Standard UK consumer law contract for the provision of goods and/or services provides You with protection. The law 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 site survey. We aim to deliver Your exact needs so it’s important that You thoroughly check all documents provided and be confident that We have completely understood. Please seek clarification 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 estimate extends up to medium sized jobs, i.e. basic 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 non-refundable ‘Planning Fee’ to cover our costs, which is payable in advance of documents being provided. If required, this fee will be brought to Your attention in the early stages of planning and an amount agreed. We may, at our discretion, deduct the planning fee amount 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 9am till 4pm. 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 endeavour 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.
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 may cause interference and inconvenience with prearranged plans, and trigger compensation for other clients. 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 will be chargeable plus certification, where applicable. 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 £90 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. We may ask You to pay the Call-out fee in advance of Our arrival.
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 that toilet facilities are provided for the team’s welfare.
1.8 Construction work brings challenges and dangers which we take 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 We deem the area 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 safety aspect in mind, we must forewarn that a single breach of Our access agreement may result in work ceasing immediately and 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 are 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.
1.11 We recommend that You procure Your own goods for Us to install on Your behalf. This ensures clarity over ownership, quality, and suitability. 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 the following:
a. Some clients have very precise requirements 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, light colour, brightness, etc. If Your request is not specific enough, We may inadvertently but in good faith install a light fitting, for example, that You are not completely happy with; replacing fittings after they’ve been installed may attract additional costs;
b. If We procure a product for You on Your behalf, We will have purchased what We believe was a quality item in good faith from a reputable supplier. We understand Our liabilities under consumer law, so if a product fails within an unreasonable timeframe we simply ask that You are patient with Us to affect a remedy. We will endeavour to work with You to rectify the problem, assuming the fault arises within a reasonable timescale of it being installed and it has not been misused. 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.
c. We regret that We are unable to provide any warranty for LED security lights that We may provide at Your request or cover any costs arising from these units failing. This is due to a high failure rate of such items. Manufacturers are working to rectify the issue but are unable to provide any compensation.
d. We reserve the right to refuse to install goods You have supplied if We believe the items are inferior and/or a safety concern. Some internet-based retailers and auction sites sell fake and sub-standard products. If, for example, the materials You provide are not UKCA marked and/or do not bear a British Standards BS number, We will politely decline to install them for Your safety. We are happy to guide You towards buying quality products that are safe for use in the UK.
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 Right to Cancel, below.
2 Installation
2.1 We undertake all electrical work based on the assumption that the existing electrical installation is well maintained and conforms to the current edition of BS7671 Wiring Regulations, including earthing, bonding, and RCD requirements. If We find that the existing installation does not conform to the current Wiring Regulations, We may be obliged to undertake extra work at an additional cost. Please refer to section Variations, below.
2.2 All new electrical installation work will undertaken in a manner that complies with Building Regulations and Wiring Regulations in force at the time of planning the project. 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 if it is deemed more appropriate/cost effective, cables will be surface mounted with clips or contained within trunking/conduit.
2.4 You are responsible for making good damage We cause to the building fabric as part of our process. We may, however, fill minor cable chases, etc, at our discretion. 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 do 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 these, 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 replacement has been agreed with You.
2.6 All efforts will be made to undertake installation work in a manner that minimises mess and disruption. Construction work generates excessive dust, which is impossible to completely contain. We will, however, use dust sheets and vacuum cleaning equipment, etc, as necessary to leave the work area as clean as possible. A deep-clean of the work area post-completion at Your expense may prove 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. You may be liable for project delay/cancellation costs as a result of uncovering asbestos.
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 paused until the danger has been assessed and an action plan agreed. Specialist assessors and contractors may be required to rectify the danger before Our work may continue. You are liable for any additional costs in this regard. However, You will be in control of the plan and, therefore, the extent of extra cost. You may be liable for project delay/cancellation costs as a result of uncovering hidden dangers.
3 Exclusions
3.1 Clearing possessions and/or moving of furniture and other items blocking access to work areas is 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 excluded unless specified in the estimate.
4 Variations
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 normally 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 this does not delay ongoing work tasks that will cause Us additional costs, unless these costs 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 often they must be rectified at the time in order to keep the project on track. Due to their unexpected nature, these issues are not covered by the estimate. We will alert You to such matters immediately and We will ask You how to proceed, unless We can fix the issue within the scope of the estimate. If additional costs are likely, We will not proceed without Your verbal or written agreement. We will be honest with Our findings, provide photos if relevant, explain Your options, costs and timescales, and work with You to find a solution. We frequently deal with the unexpected so ask that You be guided by Our experience.
4.3 All extras and variations should be agreed in writing prior to commencement to avoid any confusion, notwithstanding point 7, 2.8, 4.1 and 4.2, above.
5 Deviations
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 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 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 preserve the respective items. We regret that We are not liable for damage accidentally 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 as agreed with You, i.e. lock doors and set security alarm. We are not liable for subsequent loss or damage to Your property or possessions, howsoever caused, and regardless of whether the property is occupied or not. You may find it beneficial to obtain an additional insurance policy during the project at Your expense.
6.5 Variations in voltage in Your electrical supply, i.e. under-voltage and over-voltages, may negatively affect certain electrical products, and in some cases can cause premature product failure. We are not liable for Your incoming mains electrical supply and, therefore, are not liable for products failing early under these circumstances.
7 Guarantee
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 liabilities under UK consumer law and will fulfil Our duty in this regard, as necessary, provided You work with Us to agree a suitable solution.
7.2 Some of Our electrical work qualifies 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.
8.2 For larger projects you will be asked to pay the estimated total in stages over the course of the project. We may issue a payment schedule, which will be agreed with You prior to commencement. In this instance payment of Your project is due within 24-hours of the issue date on each invoice, or per the agreed payment schedule.
8.3 You will be charged as per the amounts detailed in the estimate provided. Where an estimate was not provided, You will be charged at the agreed hourly labour rate, plus materials used and respective certification. If the estimated costs are likely to change once work has commenced due to unforeseen circumstances. You will be consulted on how to proceed as per item 2.7, 2.8, 4.1 and 4.2, above.
8.4 For work charged on an hourly basis, reasonable travel time will be added to the final invoice to cover travel to and from the site, plus any other travel, i.e. to collect materials for the project.
8.5 Variations will be summarised on the invoice for clarity and future reference.
8.6 You may be asked to provide a non-refundable advance payment to guarantee your booking. In this instance, You will be notified in writing or in person during a site survey. You may be asked to provide a non-refundable advance payment for projects requiring professional consultation and/or a high value of materials. In this instance, You will be notified in writing or in person during a site survey.
8.7 If Your personal circumstances change during the project, You are obliged to inform Us immediately in order that We may, where feasible, adjust the work specification to suit Your budget. Where We cannot reasonably agree an adjustment to the specification, We may withdraw Our services completely under Breach of Contract. In this instance You are liable to pay for the work and materials provided up until the point of termination. 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 an invoice, You must state your reason to Us immediately in writing and 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 We can begin to correct matters. Consumers 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 them right.
8.10 If there is a difference of opinion over any particular matter pertaining to the project, either ongoing or completed, that We cannot settle formally between Us, We will engage the use of a professional mediator. The cost of this will be shared equally by both parties in order that swift resolution be brought to the dispute. Other dispute resolution procedures are available, We are open to these should You feel they are more suitable.
8.11 We take photographs of Our projects and other areas of Your home associated with Our work; We may use these photos for marketing purposes but will not reveal any personal or sensitive information.
8.12 We often record verbal conversations to protect the interests of both parties and to enable satisfactory contract fulfilment; further details are available on request.
8.13 We will behave in a polite, friendly, and professional manner. Please notify Us immediately if You feel We are behaving inappropriately.
8.14 We expect You and Your house guests/other contractors, to behave appropriately. If We find someone’s behaviour to be inappropriate or abusive, either physically or verbally, We will bring this to Your attention immediately. Abuse and/or repeated cases of inappropriate behaviour will not be tolerated. We take Health and Safety matters seriously, a single breach of this nature may result in work stopping immediately and 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-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, per Our estimate. To exercise Your right to cancel, You must notify Us of Your decision in writing. This can be a postal letter, email, or by completing and submitting the ‘Right to Cancel’ template attached at the end of this document. It is not mandatory to use this template. Our contact details are printed at the end of this document for Your reference. To meet the cancellation deadline of 14-consecutive 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, detach and return this form below 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.
10. Electrical Installation Condition Inspections
10.1 Estimates for Electrical Inspections will be provided and based on the property size and scope of inspection and testing.
10.2 You may be asked to provide a non-refundable payment for the inspection in advance, this is commonplace for rental properties.
10.3 Access for Electrical Inspections must be agreed with the occupier prior to the agreed inspection date. For clarity, this may be Your tenant.
10.4 You are responsible for ensuring access to the property is available on the agreed date. If We are unable to access the property, You may be liable for delay and/or cancellation costs.
10.5 The electrical supply will be isolated for the duration of the testing process. Please consider how this affects You and/or anyone occupying the property at the time of the inspection. If We are unable to undertake the testing process because circuits cannot be turned off, You may be liable for delay and/or cancellation costs.
10.6 Some minor damage may be caused where electrical accessories, light fittings, etc, are removed from finished surfaces. We are not liable for making good damage caused to surfaces and decoration during inspection and testing.
10.7 In the event that electrical accessories, light fittings, etc, are damaged or fail as they are removed for inspection, We may affect an immediate repair. Minor repairs, such as the replacement of retaining screws, can often be undertaken at no additional cost. However, sometimes a replacement product is necessary. Often this is cheaper to undertake at the time, i.e. if a light switch has already been removed from the wall for testing and burnt connections are found, it would be quicker and cheaper to replace the switch there and then. In instances like this, a new item may be installed, the cost of which is not covered by the estimate. An additional charge will be added to the invoice as a variation to contract, up to a maximum of £40. Please advise Us in writing if You are not prepared to allow for this £40 ‘pot’ for minor works. Where You have advised as such, and/or where the repairs/replacements are likely to cost more than £40, the items will be left as they are for repair during a future return visit. A separate estimate will be provided, if required.
10.8 In respect of item 7, above, where the failed item is deemed to be ‘immediately dangerous’, We will contact You with a verbal estimate. We will obtain Your verbal permission to proceed.
10.9 Electrical installations will be reinstated to how they performed prior to the inspection and testing process, wherever possible. However, please note that dismantling accessories, light fittings, etc, and general handling of cables and other electrical items may lead to unwanted tripping and product failures following the inspection.
10.10 A detailed report will be issued in the days following the inspection. Observations made during the inspection will be listed in the report along with relevant supporting photographs. It is not within the scope of the report to propose solutions or costings to address the observations made. We will, however, be happy to talk through the report with You to propose solutions and costings based on how you’d like to address the concerns.
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