Contact : Landline 01845 522364 | Mobile 07726 456536 | email agturner@aturnerelectrical.co.uk
Lighting Design

Garden Lighting Specialists

A Turner Electrical Terms and Conditions

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision of electrical services by A. Turner Electrical. 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 DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
     
  “Agreed Times" means the times which You and We agree for the Electrician to have access to the Property to complete the Job;
  “Agreement" means the contract into which You and We will enter if You accept our Quotation;
  “Business" means any business, trade, craft or profession carried on by You or any other person or organisation;
  “Consumer" means a “consumer" as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer who uses our services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
  "Electrician" means Us or Our employee who will be responsible for providing the Electrical Services;
  “Job" means the specific goods and services to be provided under a particular Agreement;
  “Order" means Your initial request for Us to provide the Electrical Services as set out in Clause 3.2;
  “Price" means the total of all sums You must pay Us under the Agreement;
  “Products" means the products required for the provision of the Electrical Services which We will supply (if any) as specified in the Agreement;
  “Property" means Your premises, as detailed in the Order or Our Quotation, at which the Job is to take place;
  “Quotation" means the quotation We give to You in accordance with Clause 3.1 detailing the services We will provide to You and the fees We will charge;
  “Services" means  the electrical services We agree to carry out in the Quotation;
  “Start Date" means the date You and We agree on for Us to start the Job;
  “We/Us/Our" means A. Turner Electrical and, where appropriate, includes all of A. Turner Electrical’s employees, agents and sub-contractors; and
  “You/Your" means the person with whom we are contracting
   
1.2 Each reference in these Terms and Conditions to “writing", and any similar expression, includes electronic communications whether sent by e-mail or text message or other means.
1.3 Each reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.4 The headings used in these Terms and Conditions are for convenience only and do not affect the interpretation of these Terms and Conditions.
1.5 Words signifying the singular number will include the plural and vice versa.
1.6 References to any gender will include any other gender.
   
2 INFORMATION AND CONTACT DETAILS
  Full details about who we are and how to contact us are set out in Our Quotation.
   
3 AGREEMENT
3.1 We will prepare a Quotation and send it to You either by email or first class post. The Quotation will set out the works to be carried out and the Products to be supplied (if any) and the Price.  It is your responsibility to check and ensure that the Quotation accurately sets out all the work you required to be carried out.
3.2 You may accept a Quotation:
3.2.1 by signing and dating a copy of it and returning it to Us within 60 days after the date We issue the Quotation; or
3.2.2 by sending us an email, clearly identifying the Quotation and confirming that you accept it; or
3.2.2 by confirming by telephone that you accept the Quotation (in which case, we will send you an email confirming the telephone conversation.
3.3 When (but not before) You have accepted the Quotation in accordance with clause 3.2, a legally binding contract between You and Us will be created for Us to provide the services described in the Quotation and for You to pay for them. That contract will be subject to these Terms and Conditions unless the Quotation states otherwise.
   
4 FEES AND PAYMENT
4.1 The Quoted Price will include the price payable for the Services and for the estimated Products required.
4.2 If reasonably possible we will use only the Products (and quantities of Products) set out in the Quotation but if additional Products are required We will adjust the Price to reflect this.  We will keep any increases to a necessary minimum,  keep You informed of any necessary changes, and will not proceed without your agreement.
4.3 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 Price.  If You do not wish to accept the increase, You may cancel the contract.
4.4 The Quoted Price and the Price are stated exclusive of VAT which will be added at the rate applicable at the time of our invoice.
4.5 We will invoice You when the Job has been completed unless the Quotation provides for interim payments.
4.6 You must pay any invoice within 7 days of receiving it, unless the Quotation states otherwise.
4.7 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the rate of 8 %  (or, if You are acting in the course of Your business, at the rate set under the Late Payments Compensation Act 1998) until payment is made in full. Interest will accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment.
4.8 If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest while such a dispute is ongoing.
   
5 THE SERVICES
5.1 We will provide the Services in accordance with the specification set out in the Quotation.
5.2 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.
5.3 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 the contract.
5.4 We will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with best trade practice.
5.5 We will ensure that We comply with all relevant codes of practice.
5.6 We will properly dispose of all waste that results from Our provision of the Services.
5.7 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.
   
6 OWNERSHIP OF PRODUCTS
6.1 Any Products which we supply in the course of providing the Services will remain our property until You have paid for them in full.
6.2 We reserve the right to remove any Products we have supplied if you do not pay the Price in accordance with these Terms and Conditions and You give Us permission to enter the Property for the purpose of disconnecting and removing such Products.
   
7 FAULTY PRODUCTS
7.1 If any Products are supplied in the course of Us providing the 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 one of the contact methods set out in Clause 3.2.
7.2 If you notify us within 30 days of the date the Products were installed, 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.
7.3 After 30 days from the date the Products were installed, and for the next 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 does 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.
   
8 PROBLEMS WITH OUT SERVICE
8.1 If you are a Consumer, You have certain legal rights with respect to the purchase of goods or services.  For full details of your legal rights and guidance on exercising them, it is recommended that You contact your local Citizens Advice Bureau or Trading Standards Office.
   
9 YOUR OBLIGATIONS
9.1 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 Services.
9.2 We may ask you to move or remove certain furniture, plant and equipment, fixtures and fittings in the Property before we begin work. Unless You and We specifically agree otherwise, this is Your responsibility.
9.3 You will ensure that the Electrician can access the Property at the Agreed Times to provide the Services.
9.4 If You do not provide the required access to the Property or make performing the Services more difficult by failing to comply with any other provision in this Clause 9, We may invoice you for any additional charges incurred as a result.
9.5 You must ensure that the Electrician has access to electrical outlets and a supply of hot and cold running water.
   
10 CHANGING THE START DATE
10.1 If You ask Us to change the Start Date:
10.1.1 We will where reasonably possible agree a revised Start Date with You;
10.1.2 If it is not possible to agree a revised Start Date either You or We may terminate the Agreement (see Clause 15).
10.2 If We ask You to change the Start Date, You may either:
10.2.1 agree a revised Start Date with Us; or
10.2.2 terminate the Agreement (see Clause 12).
   
11 CANCELLATION OF CONTRACT
11.1 If you are a Consumer, and this agreement was not made on Our premises, You have a statutory right to a “cooling off" period during which you may cancel this agreement.  Your right to cancel is explained in more detail in the section “Cancelling during Cooling Off Period" at the end of these Terms and Conditions.
   
12 TERMINATION
12.1 You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
12.1.1 We have breached the Agreement in any material way and have failed to remedy that breach within 28 days of You asking Us in writing to do so;
12.1.2 We enter into liquidation or have an administrator or receiver appointed over Our assets;
12.1.3 You and We have been unable to agree a revised Start Date; or
12.1.4 We are unable to provide the Electrical Services due to an event outside of Our control (see Clause 14).
12.2 We may terminate the Agreement with immediate effect by giving You written notice if:
12.2.1 You fail to make a payment on time as required under Clause 4 (this does not affect Our right to charge interest on overdue sums under sub-Clause 4.7);
12.2.2 You have breached the Agreement in any material way and have failed to remedy that breach within 28 days of Us asking You in writing to do so; or
12.2.3 You and We have been unable to agree a revised Start Date;
12.2.4 You do not provide the Electrician with access to the Property or otherwise make it impossible for the Electrician to provide the Services;
12.2.5 We have been unable to provide the Electrical Services for more than four weeks due to an event outside of Our control (see Clause 14);
12.2.6 If You are a business, you have entered into liquidation or had an admininstrator or receiver appointed over Your assets or, as an individual, have been declared bankrupt.
12.3 For the purposes of this Clause 12 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.
   
13 EFFECTS OF TERMINATION
  If the Agreement is terminated for any reason:
13.1 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.
13.2 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.
   
14 EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)
14.1 We will not be liable for any failure or delay in performing Our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control .
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
14.2.1 We will inform You as soon as is reasonably possible;
14.2.2 Our obligations under the Agreement will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Electrical Services as necessary;
14.2.4 You or We may terminate the Agreement (see Clause 12).
   
15 LIABILITY
15.1 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.
15.2 We will maintain suitable and valid insurance including public liability insurance.
15.3 If you are a business, 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.
15.4 If We cause any damage to the Property, We will make good that damage at no additional cost to You.  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.
15.5 We are not liable for any loss or damage caused directly or indirectly by our use of materials or Products which you have supplied or by any further or additional work that You have carried out which is connected with the Services.
15.6 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 or to follow any instructions included with the Products supplied.
15.7 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.
15.8 If you are a Consumer, nothing in these Terms and Conditions is intended to or will limit Your legal rights under any consumer protection legislation. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
   
16 HOW WE USE YOUR PERSONAL DATA (DATA PROTECTION)
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR") and Your rights under the GDPR.
16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available on our website https://www.aturnerelectrical.co.uk.
   
17 MISCELLANEOUS
17.1 We may transfer (assign) or sub-contract Our obligations and rights under the Agreement to a third party.  Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to the third party who will remain bound by them.
17.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission (such permission not to be unreasonably withheld).
17.3 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.
17.4 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.
17.5 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.
   
18 CONSUMER REGULATIONS AND INFORMATION
 

If you are a Consumer:

18.1 We are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You have accepted the Quotation) except where that information is already apparent from the context of the transaction. We have included the information itself in the Quotation for You to see, or We will make it available to You before you accept the Quotation. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
18.2 As required by the Regulations:
18.2.1 all of the information described in sub-Clause 18.1 and
18.2.2 any other information which We give to You about the Electrical Services, or about Us or Our business which you take into account when deciding to accept the Quotation and sign the Agreement, or when making any other decision about the Electrical Services, will be a part of the terms of Our contract with You.
   
19 LAW AND JURISDICTION
19.1 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 & Wales.
19.2 Any dispute, 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 and Wales.
   
CANCELLATION DURING COOLING OFF PERIOD
1 If the agreement is not made on Our premises, You have a statutory right to a “cooling off" period.  This period begins once the contract between You and Us is formed and ends:
  1.1 in relation to any Products supplied, at the end of 14 calendar days after the date on which the Products are delivered. If the Products are delivered in instalments, the 14 calendar day period begins on the day that you receive the final instalment; and
  1.2 in relation to the Services, at the end of 14 calendar days after the date on which the contract is formed.
2 If You wish to cancel the Agreement within the cooling off period You should inform Us immediately by a clear statement a letter sent by post or email to the postal or email address shown in Our Quotation.
3 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
4 If You exercise this right to cancel You will receive a full refund of any amount paid to Us in respect of the contract (including, but not limited to, any deposit you have paid, where applicable).
5 We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
6 We will process the refund due to You as a result of a cancellation without undue delay and, in any case, within the period of 14 calendar days after the day on which We are informed of the cancellation.
7 If You exercise the right to cancel in relation to Products:
  7.1 We will issue a refund within no later than 14 calendar days after We receive the relevant Products (and will include standard delivery charges if You send the Products to Us);
  7.2 You must return the Products to Us within 14 calendar days of the day on which You inform Us that You wish to cancel and return them;
  7.3 We may make a deduction from the refund for loss in value of any Products supplied, if the loss is the result of unnecessary handling by You;
  7.4 Please also note that Products that become inseparably mixed with others cannot be returned.
8 If the Start Date falls within the cooling off period We will treat your acceptance of Our Quotation as a request for the Services to begin within the 14 calendar day cooling off period.  By making such a request You acknowledge and agree to the following:
  8.1 If the Job is completed within the 14 calendar day cooling off period, You will lose the right to cancel once the Job is completed;
  8.2 If You cancel the Agreement after provision of the Services has begun You will be required to pay for the Electrical Services and any Products that cannot be returned to Us supplied up until the point at which You inform Us of Your wish to cancel; 
  8.3 The amount due will be calculated in proportion to the full price of the Services and the actual Services already provided.  Any sums that have already been paid for the Services will be refunded subject to deductions calculated on this basis; 
  8.4 We will process any refund no later than 14 calendar days after You inform Us of Your wish to cancel.