BACKGROUND:
These Terms and Conditions are the standard terms which apply to the provision of electrical services by Positive Lead Electrics (“the Trader”) to customers who require electrical services to be provided at their home (“You” “the Customer”). Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.
These Terms and Conditions apply where the customer is a “Consumer” as defined by the Consumer Rights Act 2015
1. Information about us
We are a sole trader enterprise operating under the trading name of Positive Lead Electrics.
2. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us using the details contained on our contact us page.
3. Requesting work from us (Your Order)
When requesting work from us you will tell us in detail the Electrical Services required. Details required include the location and size of the Property, the number and type of rooms in which work is required and the type(s) of work required (e.g. wiring, installation of appliances etc.).
Once we have this information, we will prepare a Quotation and send it to You. The Quotation will set out the required Deposit (if applicable) and fee.
You may make request changes to the Quotation before accepting it.
You may accept a Quotation by telling us that you have accepted it in writing.
When (but not before) You have accepted the Quotation, a legally binding contract between You and Us will be created for Us to provide the Electrical Services and for You to pay for them.
If you wish to change your Order after accepting the Quotation, please contact Us and We will tell you whether or not the change can be accommodated, along with any changes to the fees payable as a result. If we cannot accommodate the changes or the changes to the fees or other matters are not acceptable to you, you may cancel in accordance with the Clauses set out in these Terms and Conditions.
4. Deposit
At the time of accepting the Quotation or not more than 7 calendar days thereafter, depending on the nature of the work and any specialist Products required in advance, You may be required to pay Us a Deposit. We will not confirm an Order until the Deposit is paid in full.
If you cancel the Electrical Services, We may retain some or all of the Deposit as set out in later Clauses of these Terms and Conditions.
5. Fees and Payment
The Quoted Fee will include the price payable for the Electrical Services and for the estimated Products required.
We will where reasonably possible use only the Products (and quantities of Products) set out in the Quotation and the Agreement; however if additional Products are required We will adjust the Final Fee to reflect this. We will keep any increases to a necessary minimum, will keep You informed at all times, and will not proceed without your agreement.
If the price of Products or services increases during the period between Your acceptance of the Quotation and the Start Date, We will inform You of the increase and of any difference in the Final Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
The Quoted Fee and the Final Fee are inclusive of VAT. If the rate of VAT changes We will adjust the amount of VAT that You must pay.
We will invoice You when the Job has been completed.
You must pay any invoice within 30 calendar days of receiving it.
6. Electrical Services
We will provide the Electrical Services in accordance with the specification set out in the accepted Quotation.
We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
We will use reasonable endeavours to ensure that the Products We use match those chosen by You and are consistent throughout the Property (or relevant parts of the Property). There may be slight variations to the same Products as a result of differences between photographs, catalogues and other materials, and the Products themselves, or as a result of minor technical changes which will not impact your use of the Product in question. Product packaging may also vary. If different Products are required due to non-availability, We will not supply them without consulting with You first, in advance of the Job. If You do not wish to accept the alternative Products, You may cancel and receive a full refund of all sums paid including, where applicable, the Deposit.
We will ensure that the Electrical Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
We will ensure that We comply with all relevant codes of practice.
We will properly dispose of all waste that results from Our provision of the Electrical Services.
Where a Job is to last for more than one working day, the Electrician will where reasonably possible leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment of the Property while work is being carried out. We will wherever possible store all tools and materials only in areas where work is being carried out or remove them from the Property at the end of each working day.
7. Faulty Products
If any Products are supplied in the course of Us providing the Electrical Services, and You discover a defect with one or more of those Products or if the Product or Products have been incorrectly described, You should inform Us using the contact details provided to you on our Website.
Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the Product(s) at a reduced price, or to a repair or replacement.
After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the Product(s) at a reduced price. This right may not apply if We can prove that the defect has been caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by the Electrician or as included with the Product.
After the first six months, if any Product develops a fault, You must prove that the Product in question was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or replacement, or to a partial refund for up to six years depending upon the nature of the Product and how long it can reasonably be expected to last.
8. Your Obligations
If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, You must obtain them before We begin to provide the Electrical Services.
We may ask you to move or remove certain furniture, fixtures and fittings in the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.
You will ensure that the Electrician can access the Property at the Agreed Times to provide the Electrical Services.
You may either give the Electrician a set of keys to the Property or be present at the Agreed Times to give the Electrician access. We promise that all keys will be kept safely and securely by the Electrician.
If You do not provide the required access to the Property or make it impossible for Us to provide the Electrical Services by failing to comply with any other provision in this Clause, and do not have a good reason for this, We may invoice you for any additional charges incurred as a result.
You must ensure that the Electrician has access to electrical outlets and a supply of hot and cold running water.
9. Cancellation Outside of the Cooling Off Period
You may terminate the Agreement (i.e. cancel the Job) at any time before the Start Date (if relevant):
- If You cancel the Job after the 14 calendar day cooling off period has expired (or where it does not apply) and less than 7 calendar days before the Start Date, We will retain from the Deposit, if applicable, a sum to cover any net financial loss that We suffer due to the cancellation. We will refund the balance of the Deposit to You as soon as is reasonably possible, and in any event within 14 calendar days of cancellation. If Our net financial loss is more than the amount of the Deposit (and/or if no Deposit has been paid), We will invoice You for the shortfall and You will be required to make payment in accordance with the relevant Clause(s) set out in these Terms and Conditions.
`We may need to terminate the Agreement before the Start Date due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform You as soon as reasonably possible. We will refund the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any event within 14 calendar days of termination.
10. Termination
You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
- We have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar days of You asking Us in writing to do so;
- We enter into liquidation or have an administrator or receiver appointed over Our assets;
- You and We have been unable to agree a revised Start Date, or you have terminated the agreement under Clause 9.
- We are unable to provide the Electrical Services due to an event outside of Our control.
We may terminate the Agreement with immediate effect by giving You written notice if:
- You fail to make a payment on time as required.
- You have breached the Agreement in any material way and have failed to remedy that breach within 14 calendar days of Us asking You in writing to do so; or
- You and We have been unable to agree on a revised Start Date.
- You do not provide the Electrician with access to the Property or otherwise make it impossible for the Electrician to provide the Electrical Services, and We have been unable to contact You to re-arrange the Electrical Services.
- We have been unable to provide the Electrical Services for more than 4 weeks due to an event outside of Our control.
For the purposes of this Clause, a breach of the Agreement will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
If at the termination date:
- You have made any payment to Us (including, but not limited to, the Deposit, where applicable) for any Electrical Services We have not yet provided, these sums will be refunded to You as soon as is reasonably possible, and in any event within 14 calendar days of the termination notice. We may, however, deduct from such a refund (or charge You) reasonable compensation for the net costs We will incur as a result of your breaking the Agreement.
- We have provided Electrical Services that You have not yet paid for, the sums due will be deducted from any refund due to You or, if no refund is due, We will invoice You for those sums and You will be required to make payment.
11. Effects of Termination
If the Agreement is terminated for any reason:
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy which either You or We may have in respect of any breach of the Agreement which exist at or before the date of termination.
12. Liability
We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
We will maintain suitable and valid insurance including public liability insurance.
We provide Electrical Services for domestic and private purposes only. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
If We cause any damage to the Property, We will make good that damage at no additional cost to You, unless such damage has been carried out in order for Us to perform our services to you and we have agreed with you that we will not make good this damage. We are not responsible for any pre-existing faults or damage in or to Your property that We may discover while providing the Electrical Services.
We are not liable for any loss or damage You suffer which results from Your failure to follow any reasonable instructions given by Us or the Electrician.
Nothing in these Terms and Conditions is intended to or will limit or exclude Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions is intended to or will limit Your legal rights as a Consumer under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13. Other Important Terms
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such changes.
The Agreement is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement.
If any provision of the Agreement or these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Agreement or these Terms and Conditions and the remainder of the provision in question will not be affected.
No failure or delay by Us or You in exercising any rights under the Agreement means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement means that We or You will waive any subsequent breach of the same or any other provision.
14. Law and Jurisdiction
These Terms and Conditions, the Agreement, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Agreement, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales.
Positive Lead Electrics 