Our Terms & Conditions
LMG ELECTRICAL – STANDARD TERMS AND CONDITIONS
1.1 Acceptance of our quotation(s) includes acceptance of the LMG Electrical Standard Terms and Conditions as set out within this document.
In these Standard Terms and Conditions:-
2.1 “Buyer”, “Customer”, “Client”, “you” and “your” means the individual, firm, body corporate or other form of legal entity for whom the Proposed Work is to be undertaken.
2.2 “Drawings” means drawings, designs, specifications, sketches and layouts of works to be undertaken and any other information relevant to the Proposed Work.
2.3 “Goods and Services” means goods, products, components, materials, labour and any other services commensurate with the undertaking of the Proposed Work by the Contractor.
2.4 “LMG Electrical”, “Seller”, “Contractor “, “We”, “Us” or “Our” means LMG Electrical.
2.5 “Proposed Work” means the work to be undertaken for the Customer by LMG Electrical as set out within any specification, correspondence, estimate, drawings, plans or technical documentation together with any additional work documented within one or more Variation Instruction documents.
2.6 “Order” means any request or instruction received by the Contractor from a Customer to undertake Proposed Work for which a Quotation or a Variation Instruction has been prepared. (For the avoidance of doubt a request or instruction to undertake such work can take the form of acceptance either in writing (including by email), or return of a signed copy of a Quotation or Variation Instruction.)
2.7 “Premises” means the premises at which the Proposed Work is to be undertaken.
2.8 “Quotation” means a document prepared and signed for and on behalf of LMG Electrical setting out the scope and costs relating to the Proposed Work.
2.9 “Special Condition” means any additional or revised provisions applicable in respect of the Proposed Work as documented within the Quotation. In the event of conflict between any provision within these Standard Terms and Conditions and any stipulated Special Condition, the provisions contained within the Special Condition shall prevail.
2.10 "Standard Terms and Conditions”, “T & Cs”, “Terms and Conditions”, “Conditions” means the Standard Terms and Conditions set out within this document.
2.11 “Variation Instruction” means a change in the Goods or Proposed Work which has additional costs to be paid by the Customer beyond those specified in a Quotation.
In these Standard Terms and Conditions:-
3.1 The masculine includes the feminine and vice versa, the singular includes the plural and vice versa, as the context admits or requires.
3.2 The section numbering and headings used are for reference purposes only and shall not affect either the meaning or interpretation of clauses.
3.3 In the event that any of the provisions contained within this document are adjudged to be unenforceable (including any provision which excludes the Contractor from liability to the Buyer) the enforceability of the other conditions contained within this document will not be affected.
4.1 You shall be fully responsible for the accuracy of any Drawings and other data, which you or your employees or agents supply to us, which we use in connection with the Proposed Work, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to you or to any third party which we may incur as a result of carrying out the Proposed Work in accordance with your instructions or your Drawings or other data.
5.1 Unless stipulated to the contrary within such document a Quotation provided by LMG Electrical remains open and valid for a period of one calendar month unless previously withdrawn. Thereafter the Quotation is subject to re-confirmation or adjustment by LMG Electrical.
5.2 All Quotations are based on the understanding that they are for the entirety of the Proposed Work. In the event that a Customer wishes to proceed with only part or a number of specified parts of the Proposed Work the Contractor, at his sole discretion may choose to issue a replacement Quotation or effect any changes to the Proposed Work through the completion of a Variation Instruction.
5.3 All increases in the cost of Goods arising after the date of any Quotation may be recovered from the Customer unless the Quotation expressly excludes this provision.
5.4 All Quotations are based on the work being undertaken during 8:00pm to 5:30pm, Monday to Friday unless stipulated to the contrary within any Special Condition.
5.5 Variations or additional work shall be charged on time and material basis unless subject of a separate Variation Instruction accepted by the Customer.
5.6 The quotation is based on a visual inspection and survey at the Premises where the Proposed Work is to be undertaken. As such and unless stipulated to the contrary within the Quotation, the costs quoted will assume the presence of a power supply suitable for the works to be undertaken. In the event we discover this not to be the case the Contractor will advise the Customer as soon as practicable following commencement of the Proposed Work. Any additional work to trace and provide a suitable power feed will result in additional costs and will be subject to the completion and acceptance by the Customer of a Variation Instruction.
5.7 Where works include the changing of switches and sockets the Quotation will reflect those items which were visible during the inspection and survey. However the Contractor will not be responsible or liable for switches and sockets which are found subsequently following the moving of furniture or other items preventing the visibility of such items. The Contractor will endeavor to accommodate the provision of any additional switches and sockets required but this will result in additional costs and will be subject to the completion and acceptance by the Customer of a Variation Instruction.
5.8 The costs relating to goods or services undertaken by other trades, any statutory fees, or charges for work undertaken by a supply authority are not included as part of a Quotation unless stipulated to the contrary.
5.9 While reasonable care will always be taken, a Quotation does not include provision for incidental redecoration or other works consequent upon the proper execution of the work.
5.10 Quotations will state clearly if payment for the Proposed Work is subject to Value Added Tax and, if applicable, this will be payable by the Customer.
5.11 Acceptance of a Quotation can only be undertaken by the Customer through the submission of an Order to the Contractor.
6.1 Proposed Work and Goods and Services not specified within Quotations, Variation Instructions or within an Order are expressly excluded.
6.2 Unless stipulated to the contrary within a Quotation or Variation Instruction the disconnection, clearing and/or removing of previous installations is the responsibility of the Customer. Inconvenience caused to the Customer, arising from the disconnection, clearing or removal of previous installations not included within a Quotation, Variation Instruction or Order are attributable to and are the responsibility of the Customer, including any additional costs or consequential loss sustained by the Customer arising therefrom.
6.3 Unless stipulated to the contrary within a Quotation or Variation Instruction the clearing and/or removal of furniture or other items belonging to or under the control of the Customer, which impede access to work areas is the responsibility of the Customer. Inconvenience caused to the Customer, arising from the clearing and/or removal of furniture or other items belonging to or under the control of the Customer not included within a Quotation, Variation Instruction or Order are attributable to and are the responsibility of the Customer, including any additional costs or consequential loss sustained by the Customer arising therefrom.
6.4 Unless stipulated to the contrary within a Quotation or Variation Instruction the removal of and replacement of flooring to work areas is the responsibility of the Customer. Inconvenience caused to the Customer, arising from the removal of and replacement of flooring to work areas not included within a Quotation, Variation Instruction or Order are attributable to and are the responsibility of the Customer, including any additional costs or consequential loss sustained by the Customer arising therefrom.
6.5 The Contractor will seek to ensure that electrical items are plugged back in and in working order before the Contractor leaves the Premises, however, the Contractor will not be held responsible for any
direct or indirect losses due to any electrical item not being plugged back in and/or switched on nor for any consequential loss arising therefrom.
7.1 Unless stipulated to the contrary within the Quotation, the labour costs included in the Quotation have been prepared on the basis that all works will be undertaken between 8:00am and 5:30pm Monday to Friday inclusive. Work required by the Customer outside of these hours will attract a premium rate which will either be agreed with the Customer prior to commencement of the works or subsequently following completion of a Variation Instruction.
7.2 Unless stipulated to the contrary within the Quotation the costs incorporated within that document assume continuous and unhindered access to the Premises by prior arrangement with the client. In the event that working hours are reduced due to action by the Customer causing the Contractor to make additional visits to the Premises, the Contractor reserves the right to charge for these additional visits.
8. Commencement and Duration
8.1 Unless stipulated to the contrary within the Quotation, the Proposed Work shall be provided by the Contractor to the Customer in accordance with the dates and times agreed between the Contractor and the Customer.
8.2 Unless stipulated to the contrary within the Quotation, the Proposed Work shall continue for such period as is required to fulfil the Order for the Proposed Work.
8.3 The Customer grants the Contractor, its agents and employees an irrevocable licence at any time to enter premises where the goods, products, components or materials, or the Contractors equipment, are situated where the Customer's right to possession has terminated, in order to recover such items.
9. Supply and Installation Work
9.1 The Contractor shall use reasonable endeavors to provide the Proposed Work to the Customer, in accordance in all material respects with the Quotation and undertake the Proposed Work using reasonable care and skill.
9.2 The Contractor shall use reasonable endeavors to meet any performance dates specified in the Quotation, but any such dates shall be estimates only and time shall not be of the essence for fulfilment of the Proposed Work.
9.3 If the Proposed Work is based on the goods, products, components and materials being delivered and installed this will occur during normal working hours or as otherwise agreed with the Customer as documented within the Quotation.
9.4 All works undertaken by the Contractor will comply with the requirements of the BS7671 Electrical Standard 2008 and the Building Regulations 2010 in force at the time of the Contractor undertaking the Proposed Work.
9.5 Electrical Installation and minor works certificates and Building Regulations notifications issued by the Contractor will cover only those works undertaken by LMG Electrical.
9.6 Where installation works are undertaken on existing circuits to repair, extend or modify then the Contractor assumes that the Customer’s current installation complies with minimum current regulations. Any discovered works required to continue working on the Customer’s current installation shall be at additional cost and shall be set out within a Variation Instruction however no addition or alteration will be carried out to rubber insulated cables under any circumstances.
9.7 The Contractor will fulfil the Order in respect of the Proposed Work using reasonable care and skill and will seek to not create mess or disruption. The Contractor will undertake installation work in a clean manner and will deploy the use of dust sheets and other protective material where practicable but the Customer accepts that works often create waste, noise and consequential inconvenience. Upon leaving the Customer’s premises the Contractor will seek to leave the areas within which work has been undertaken in a clean and tidy condition. Any equipment susceptible to damage from dust (e.g. computer or other sensitive equipment) must be removed by the Customer from the work areas prior to commencement of the Proposed Work.
9.8 Where carpet or other floor coverings may require lifting to allow installation the Contractor will use reasonable endeavors not to cause damage but disturbing old carpets or other floor coverings is at the Customer’s risk. Reasonable endeavors will be made to avoid damage and to refit to an acceptable standard however, the engagement of a specialist fitter by the Customer may be prudent, to effect a fully satisfactory reinstatement, the costs associated with which are the full responsibility of the Customer.
9.9 Unless provided for specifically within a Quotation for Proposed Work chases to walls, holes drilled and other similar essential work associated with the installation will not be made good by the Contractor. Final finishing of any description required to any of the work areas affected by the Proposed Work is specifically excluded.
9.10 Where the Proposed Work includes the installation of a new consumer unit Part P of the Building Regulations requires that the whole installation be tested to ensure that it is safe to connect to the new unit. Where applicable the cost for this testing is included within the Quotation. However any faults found during this testing which are considered to be unsafe, must be rectified prior to that circuit being reconnected to any new consumer unit. Any costs for such work will be in addition to any previously quoted figure and will require the completion of a Variation Instruction. Such issues will be brought to the Client’s attention as soon as is practicable following commencement of the Proposed Work.
9.11 The Contractor may, without the specific consent of the Customer, sub-contract all or any of the Proposed Work to another individual, body corporate or any other entity. In the event that any work is sub-contracted this will not impact in any way upon the provisions contained within these Terms and Conditions.
9.12 The Customer shall co-operate with the Contractor in all matters relating to the Proposed Work accepting that although the Contractor will use reasonable endeavors to keep it to a minimum, some disruption may be caused by the works.
9.13 The Customer shall provide to the Contractor in a timely manner, such information as the Contractor may require and the Customer shall ensure that it is accurate in all material respects.
9.14 The Customer shall advise the Contractor of concealed pipes, wires and cables for water gas electricity, telephone or other installation affecting the relevant work areas within the Premises and confirm the accurate location of any such pipes wires and cables to the Contractor prior to the commencement of the Proposed Work.
9.15 The Customer shall be responsible, at the Customer’s cost, for preparing and maintaining the Premises in a suitable condition to facilitate fulfilment by the Contractor of the Proposed Work, including moving any stock or obstructions that might impede the Proposed Work, lifting or relaying carpet, tiles or other floor coverings as necessary and ensuring that free access to ceiling, floor voids and other work areas is available.
9.16 The Customer shall provide the Contractor, its agents, subcontractors, consultants and employees, in a timely manner with access to the Premises and any other facilities as required by the Contractor.
9.17 The Customer shall inform the Contractor of all health and safety rules and regulations and any other reasonable requirements that apply at the Premises.
9.18 The Customer shall ensure that any of the Customer's equipment which will be used by the Contractor is fully serviceable and in a safe condition.
10. Work on Site
10.1 The Contractor requires and the Customer undertakes to provide free and safe access to the Premises and the required work areas within the Premises together with proper and safe storage and protection of all goods, products, components, tools, plant and equipment which is the property of or under the control of the Contractor for the entire duration of the works.
10.2 The Customer agrees to provide, without cost to the Contractor, access to electricity required to undertake the works and suitable access to the washroom and toilet facilities at the Premises for the entire duration of the works for the Contractor, its staff and any sub-contractors.
10.3 The Customer agrees to observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there, and the Customer agrees to hold the Contractor harmless against all legal and regulatory proceedings, costs and charges in respect of the Customer’s failure to do so.
11. Access Equipment
11.1 Unless stipulated to the contrary within the Quotation, the Contractor assumes that the Customer will provide access equipment if the Proposed Work includes a requirement to work at a height exceeding 2.4 meters. If the Contractor is to provide the necessary equipment to facilitate working at height then the Customer will meet the additional costs associated with the procurement of the necessary equipment and will provide safe, sound and secure storage for any such equipment owned by or under the control of the Contractor throughout the duration of the works.
12.1 Unless stipulated to the contrary within the Quotation, an invoice for the full amount due will be issued upon completion of the works.
12.2 The Customer shall pay all invoices and monies on account as set out in the Quotation. Unless stipulated to the contrary within the Quotation the Customer accepts and agrees unreservedly that no monies will be retained from any invoice submitted by the Contractor in respect of the Proposed Work under any circumstances whatsoever.
12.3 Payment in full shall be made within 7 days of the date of the Contractor’s invoice, or written application submitted by the Contractor, unless stipulated to the contrary within any Special Condition. Failure by the Customer to make any payment in accordance with this clause, or in accordance with any stage payment arrangement set out within the Quotation, shall entitle the Contractor to suspend work immediately and without notice and to charge interest on the amount outstanding at 8% above the prevailing Bank of England's base rate, calculated on a daily basis, until such time as the payment due has been received in full by the Contractor.
12.4 The Contractor may agree with the Customer for payments in respect of the Proposed Work to be made in stages and where this is the case, the specific terms, amounts and dates or stages upon which such payments are to be made will be set out as a Special Condition within the Quotation.
12.5 Payment in respect of invoices raised are accepted only by way of bank transfer or cheque.
12.6 In the event of any non-payment LMG Electrical reserves the right to withhold any certificates for work undertaken until such payments are made in full.
13.1 Once an Order has been received by the Contractor, the Order for the Proposed Work can be cancelled by the Customer by giving the Contractor not less than 10 days’ notice in writing prior to the commencement of the Proposed Work.
13.2 In the event that a Notice giving cancellation is received by the Contractor less than 10 days prior to the scheduled commencement of the Proposed Work, then this will be treated by the Contractor as “Cancellation without notice”.
13.3 In the event the Contractor arrives at the Premises at the previously agreed time to commence the works, and access to the Premises is unavailable, the Contractor will treat such action as “Cancellation without notice”.
13.4 Unless stipulated to the contrary within the Quotation, In the event of “Cancellation without notice”, the Contractor will charge the Customer and the Customer agrees to pay in full for the labour component of cancelled works.
13.5 In the event of a “Cancellation without notice”, the Contractor will use its reasonable endeavors to return all unused goods, products, components and materials to the respective suppliers at no cost to the Client. In such circumstances the Contractor will charge the Customer, and the Customer agrees to pay, any return or restocking fee levied upon the Contractor for return of the goods by the respective suppliers and to reimburse the Contractor in full for any goods, products, components or materials not returnable to the respective suppliers.
13.6 In the event of a “Cancellation without notice”, the Contractor will charge the Customer and the Customer agrees to pay the Contractor the full costs incurred by the Contractor in respect of any plant, special equipment or other items procured required specifically to undertake the Proposed Work including the costs of transportation of such items to and from the Premises.
14. Warranty and Guarantee
14.1 LMG Electrical warrants its installation work to be defect free for a period of twelve months from the invoice date. This cover does not extend to goods supplied by other tradesmen or the Customer or in the event of physical damage, willful misuse or instances where the installation has been altered or tampered with by third parties.
14.2 This warranty excludes fair wear and tear to lamps, fuses and other consumables.
14.3 Where projects involve works by third party trades, any damage to the electrical installation by third parties shall remain the responsibility of the Customer. Any rectification costs must be paid for by the Customer and will be subject to a Variation Instruction. The recovery of additional costs sustained by the Customer from any third party will be the responsibility of the Customer.
15. Risk and Title to Goods
15.1 The responsibility for the safe storage and the risk of damage, loss, theft or disappearance relating to all goods, products, components and materials supplied shall pass to the Customer upon delivery to the Customer’s premises.
15.2 Ownership of any goods products components and materials installed by the Contractor at the Premises shall not pass to the Customer until the Company has received payment in full of all sums due in respect of the Proposed Work and in respect of all other sums which are or which become due to the Contractor from the Customer on any account.
16. Limitation of Liability
16.1 This provision sets out the liability of the Contractor (including any liability for the acts or omissions of its employees, agents, consultants, and sub-contractors) to the Customer in respect of the Proposed Work or any part of it; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Proposed Work.
16.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Quotation for the Proposed Work and the Order, together forming the agreement between the Contractor and the Customer.
16.3 Nothing within this document limits or excludes the liability of the Contractor for death or personal injury resulting from negligence or for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Contractor or for any matter which it would be illegal for the Contractor to exclude or attempt to exclude liability.
16.4 Subject to the wording of the preceding sub-sections within this provision the Contractor shall not be liable for the Customer’s loss of profits, loss of business, depletion of goodwill and/or similar losses, or for loss of anticipated savings or loss of contract
16.5 The Contractor’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Proposed Work shall be limited to the price paid for the provision of the Proposed Work.
17. Set Off
17.1 Each Order from the Customer is unique and forms the basis of a separate agreement between the Contractor and the Customer. No set-off is therefore permitted without the express written consent of the Contractor.
18. Force Majeure
18.1 The Contractor shall have no liability to the Customer in respect of the Proposed Work if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of the Contractor or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Contractor’s sub-contractors.
19.1 Any notice or other communication relating to the Quotation for the Proposed Work or the Order shall be in writing and shall be delivered personally, sent by pre-paid first-class post, email to the other party and marked for the attention of the person specified in the Quotation or as otherwise specified by the relevant party by notice in writing to the other party.
19.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to in the Quotation or, if sent by pre-paid first-class post or by email on the second business Day after dispatch.
20. Entire Agreement
20.1 These Terms and Conditions together with the Quotation, Variation Instruction and Order set out the details of the entire agreement relating to the Proposed Work and the supply and installation of Goods and Services.
21. Governing Law
21.1 The contractual arrangements between the Contractor and the Customer shall be governed by and interpreted in accordance with English Law and the English courts shall have jurisdiction to resolve any disputes between the two parties accordingly.
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