Terms and Conditions

1. General

1.1 “The Company” shall mean “South West Electrotechnical Services Ltd” and “The Customer” shall mean any person, firm or company placing an order for a product or service with the Company.

2. Customer Conditions

2.1 These are the Conditions on which the Company will supply products and services to the Customer. These Conditions shall have precedence over any other conditions that the customer seeks to impose or incorporate on the Customer Order Form or any other documents emanating from the Customer or his/her agent, any such Customer Conditions shall have no affect whatever. These Conditions shall be deemed to be incorporated in all documents emanating from the Company or its agents.

2.2 The Customer shall be responsible to the Company for ensuring the accuracy of any information (including dimensions, drawings, historical electrical design, test and inspection reports) provided to the Company and for giving it to the Company within a sufficient time to enable the Company to properly perform the agreement.

2.3 The Company acceptance of the Customer order will take place when the Company telephone, write, or email the Customer confirming acceptance of the order, at which point a contract will come into existence between the Customer and the Company.

2.4 If the Company is unable to accept the Customer order, then the Company will inform the Customer and no charge will apply. The reason might be because the product is out of stock, or unexpected limits on Company resources which could not reasonably be planned for, or the Company may have identified an error in the price or description of the product, or quite simply the Company may be unable to meet a delivery or project deadline that the Customer has specified.

2.5 If the Customer cancels works after the Company has begun to supply/provide services/materials, then the Customer will pay the Company for the services/materials provided up until the time of cancellation. If the Customer cancels the requested services within 24 hours of the scheduled start date of providing such services, then the Customer will incur and pay to us a cancellation fee of £100.00 plus Value Added Tax (VAT).

3. Company Information

3.1 South West Electrotechnical Services Ltd; a company registered in England and Wales Company registration number 11570180, registered office 8 Trenethick Close, Helston, Cornwall TR13 8LQ. VAT registration number 306411836.

3.2 The Customer can contact the Company by telephoning our customer service team on 0800 246 5536, or by emailing us at enquiries@swes-ltd.co.uk, or writing to the Registered Address. If the Company has to contact the Customer then this will be done by telephone or by writing to you at the email address, or postal address you provided to us in for the agreement.

4. Estimates & Quotations

4.1 Estimates and Quotations for Goods and Services are given by the Company (unless otherwise stated therein) and valid for a period of 60 days. Whilst Estimates and Quotations are only valid for a period of 60 days, the Company reserves the right to adjust the Estimate or Quotation price at any point prior to entering into the contract should it be subject to any factors beyond the control of the Company including fluctuations in foreign exchange rates, increase in taxes/duties and the cost of raw materials. Estimates by nature may be affected by lack of/or change of information from/by the Customer regarding the project, or unforeseen/non-avoidable issues in the project building fabric which restricts or blocks access for any said proposed electrical or ventilation design.

5. Payment

5.1 The price of the Goods and Services are exclusive of amounts in respect of VAT. The Customer shall, on receipt of a valid VAT invoice from the Company, pay to the Company such additional amounts in respect of VAT as are chargeable on the supply of the Goods and/or Service. Payment in full must be paid immediately by the Customer upon receipt of invoice from the Company.

6. Lead Times

6.1 The Company will use all reasonable endeavours to meet all estimated times or dates for works to be carried out. However, due to any unforeseen and non-avoidable circumstances from time to time estimated planned work commencement dates may have to be delayed. No charge liability of any kind will pass to the Company for delayed works.

7. Refunds

7.1 If the supply of products and services is delayed by an event outside the control of the Company, then the Company will contact the Customer as soon as possible to inform of any such delay, and will take steps to minimise the effect of the delay. Provided the Company does this then the Company will not be liable for any charges for delays caused by the event, but if there is a risk of substantial delay then the Customer may contact the Company to end the contract and receive a full refund for any supplied products/materials the Customer has paid for but has not yet been installed. All non-supplied products/materials that have been paid for but not yet supplied will also be fully refunded.

8. Site Access

8.1 If the Customer does not allow the Company access to site to perform the services as arranged including the use of a lavatory on site without good reason, then the Company may charge the Customer additional costs incurred by the Company as a result. If, despite reasonable efforts, the Company is unable to contact the Customer or re-arrange access to site then the Company may end the contract and clause 9.2 will apply.

9. Products & Materials

9.1 When products/materials have been delivered to site then the responsibility of the product/materials will pass to the Customer from the time of delivery to the site address provided.

9.2 No legal property in or beneficial ownership of any supplied products/materials shall pass from the Company to the Customer unless, and until the Customer has made full and complete payment to the Company of (i) all sums due from the Customer to the Company under this agreement in respect of the service, products and materials and (ii) all other sums due from the Customer to the Company on any account whatsoever. If any sum due from the Customer to the Company on any account whatsoever remains unpaid after the Company has given to the Customer two days written notice of their intention to exercise their rights under this Condition the Customer shall be deemed to have repudiated this agreement and the Company shall be entitled to terminate this agreement to forfeit any sums paid to it by the Customer in respect of the products/materials and to recover the products and uninstalled materials if necessary by entry into, and removal from the Customers’ premises without prejudice to any other claims which the Company may have against the Customer.

10. Damaged Products/Appliances

10.1 When any consignment of Goods is delivered and (i) the whole or part of any such consignment is damaged, or (ii) the whole or part of any such consignment is made up of the wrong quantity or wrong type of Goods, the Customer shall advise the Company immediately by phone or by noting the information down on the delivery note once the Goods have been checked and then signed for. The Company is not liable for any damage reported once the Goods have been signed for, in good condition and after the driver has departed the delivery address. By signing ‘unchecked’ the customer is voiding all warranties.

11. Risk

11.1 The risk in the Goods shall pass to the Customer at the time of delivery.

12. Consequential Loss

12.1 The Company shall not be liable for any damage, illness, injury or loss of any kind whatsoever and howsoever caused to any property, persons, animals or produce or arising out of or in connection whether directly or indirectly with the use of any supplied products/materials provided that nothing in this Condition or the Conditions generally shall limit the Company’s direct liability in respect of death or personal injury.

13. Representation

13.1 The Customer acknowledges that he has not entered into this Contract on the basis of any representation whatsoever made to him by the Company or its agents.

14. Force Majeure

14.1 The Company shall be entitled to cancel or delay delivery or to reduce the quantity of the Goods delivered if it is delayed or hindered in or prevented from manufacturing or delivering by normal route or means of delivering the Goods through any circumstances beyond its reasonable control, including but not limited to war, fire, flood, act of God, unavailability of raw materials, government restrictions and controls, strikes and lockouts.

15. Defective Products or Appliances

15.1 If the Customer believes any of the Company supplied products or appliances to be of an unsatisfactory quality please immediately contact the Company customer services on 0800 246 5536 and do not attempt to remove any items installed. Treat the goods with the utmost care until removed and or returned.

16. Indemnity

16.1 The Customer shall indemnify the Company against all claims, demands, damages, penalties, costs and expenses to which the Company may become liable as a result of any product, appliance, materials defect or work done in accordance with the Customer’s order, or which involves the infringement or alleged infringements of any letters, patent, trademarks, registered designs, industrial models or copyrights.

16.2 The Company accepts no responsibility where specifications or particulars supplied by the Customer are inaccurate and the Customer shall indemnify the Company against any loss suffered by the Company by reason of such inaccuracy.

17. Set Off

17.1 The Customer shall not be entitled to withhold or set off payment of any amount due to the Company under the terms of any contract whether in respect of any claim of the Customer in respect of faulty or defective products/appliances or for any other reason which is contested or liability for which is not admitted by the Company.

18. Proper Law

18.1 These Conditions and the Contract shall be subject and construed according to English Law and the Uniform Laws on International Sales Act 1967 and any statutory modification or re-enactment thereof is hereby excluded.

19. Severance Clause

19.1 The Terms and Conditions of the contract shall be subject to the Severance Clause which states that if any part or parts of these contracted Terms and Conditions are determined to be invalid, unenforceable or unconstitutional, that the remainder of the contract is still valid or in effect.

20. Warranties & Guarantees

20.1 Please contact the Company customer service or sales team to obtain details about supplied Electrical or Ventilation product/appliance warranties, service guarantees and conditions.

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