Our scope of services can be found in the budget proposal agreed to with the client prior to the start of the project. Any deviation from this proposal will require a signed document instructing us to carry out extra works, provide extra supply of materials, or alter a previously agreed design. This signed document acknowledges that there may be extra costs involved with this work and that this work will be paid as a variation to the original instruction.
1. Denition and Interpretation
The definitions and rules of interpretation in this Condition apply throughout these Conditions.
2. Application of Terms
2.1. Subject to any variation under Condition 2.2, the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any purchase order, confirmation of order, specification, or other document).
2.2. No terms or conditions endorsed on, delivered with, or contained in the Client’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3. These conditions apply to all the Company’s sales, and any variation to these conditions and any representations about the Equipment and/or Services shall have no effect unless expressly agreed in writing and signed by a director of the Company The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraud or fraudulent misrepresentation.
2.4. Each order or acceptance of an estimate for Equipment and/or Services by the Client from the Company shall be deemed to be an order by the Client to buy Equipment and/or Services subject to these conditions.
2.5. No order placed by the Client shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Equipment
and/or Services to the Client.
2.6. The Client shall ensure that the terms of its order and any applicable specification are complete and accurate.
2.7. Any estimate is given on the basis that no Contract shall come into existence until the Company despatches an acknowledgement of order to the Client. Any quotation is valid for a period of thirty (30) days
only from its date, provided that the Company has not previously withdrawn it.
3. On-Site Services
3.1. Attendances not included in the Budget Proposal. From time to time the Company may be required by the Client to attend on-site or elsewhere for the provision of additional services, over and above those described in the Budget Proposal. Where such services are not included in the Budget Price, all time spent engaged in these or like matters will be charged additionally at the applicable hourly rate of the Company, the amount of which will be provided upon request.
3.2 All sums referred to in or pursuant to these terms and conditions, including the sums set out in the Budget Proposal and the Companies Hourly Rates are exclusive of VAT.
4. Requirements on Site
4.1. Due to the nature of our work, our 1st x position in the build program is during the Electrical 1st Fix phase and prior to the sheeting. It will be the responsibility of the Main Contractor (or the Client, where the project is self-managed) to ensure that we have been notified with any changes to the build program.
4.2. Bringing socket level cables through the plasterboard are the responsibility of the Main Contractor. If we are required to bring socket level cables through the plasterboard, this will result in a variation cost to the Main Contractor.
5. Notification of work required
5.1. The Company requires 10 working days’ notice prior to any Materials or Labour being required on site.
5.2. If the Company operatives arrive on site and are unable to complete the work due to other works not being finished, the Main Contractor (or the Client, where the project is self-managed) can be charged a call-out charge up to the equivalent of two days labour.
5.3. Normal working hours are deemed to be 08.00 to 16.30 Monday to Friday only. Work outside these hours may be arranged at the discretion of the Company, but may incur additional charges.
6. Changes after submission of the Budget Proposal
6.1. In the event that, after submission of the Budget Proposal, changes to the design are instructed orally or in writing by the client or their agent, or any circumstances arise or events occur, including for the avoidance of doubt delays not caused by the Company, which the Company could not reasonably have foreseen at the date of the Budget Proposal, any sums reasonable and fairly incurred will be charged to the client as follows:
6.1.1. where reasonably practicable, on the basis of an agreed lump sum price; or
6.1.2. alternatively, the Company will be entitled to a fair and reasonable sum for the additional work carried out, materials supplied and time spent which in the absence of agreement to the contrary will be calculated by the Companies hourly rate of £55 per hour per man plus a reasonable charge for materials and/or Equipment supplied.
7. Payment – Standard Terms of Payment:
7.1. All prices for the Equipment and Labour shall be exclusive of any value added tax.
7.2. All costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Client shall pay in addition when it is due to pay for the Equipment.
7.3. Payment of the remainder of all monies due to be paid to the Company from the Client, (including any payments for Equipment which the Company at its sole discretion, has chosen to deliver on site without prior payment in accordance with the terms of Condition 8.5) shall be made within 14 days from the date that an invoice is rendered by the Company to the Client.
7.4. No payment shall be deemed to have been received until the Company has received cleared funds.
7.5. All payments payable to the Company under the Contract shall become due immediately on its termination.
7.6. The Client shall make all payments due under the Contract in full without any deduction whether by way of set-o, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Client.
7.7. Notwithstanding any of the other Conditions contained herein, and where our standard payment terms cannot be applied, payment for Equipment and Services from Clients shall be made as follows:-
7.7.1. payment of 100% of cost of goods to be made up-front in advance of any work beginning or any Equipment being delivered;
7.7.2. payment of labour charged on completion where labour time is less than 7 days
7.7.3. ongoing labour costs will be charged weekly
7.11. If the Client fails to pay the Company any sum due pursuant to the Contract, the Client shall be liable to pay interest to the Company on such sum from the due date for payment at the rate of 5% above the base lending rate from time to time of Bank of Scotland plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998
8. General Acceptance in writing of the Budget Proposal.
8.1. The Company reserve the right to invoice for equipment and storage which has been ordered but which cannot be delivered at the due date for delivery for reasons beyond the control of the Company.
8.2. All deliveries must be signed for and accepted by an authorised representative of the Client. If no one is willing to sign for the delivery, the equipment may be removed from site, and a fee may be charged to the Client for removal, storage and another delivery.
9. Delivery dates are best estimates.
9.1. Delivery dates represent the Companies best estimates and whilst the Company will use all reasonable endeavours to meet such dates, no liability or penalty is accepted by the Company if any date is not met, for whatever reason, unless otherwise agreed in writing and/or except insofar the Company have failed to use reasonable Endeavour’s as aforesaid.
10.1. All variations, either by the developer or the homeowner, must be confirmed in writing. If the variation incurs a change of price, that price either must be noted or if a price cannot be confirmed at time of instruction, then an estimated figure must be highlighted. A signed copy of the variation order will count as acceptance of the variation cost.
11.1. In circumstances where delivery to site is delayed beyond the original delivery date for any reason other than a reason which is in the sole control of the Company, then the Company will arrange storage and insurance for the equipment at the Client’s expense.
11.2. Otherwise, any equipment will remain at the Companies risk up to the date of delivery to site. From and including the date upon which delivery to site takes place, insurance cover will be the responsibility
of the Client.
11.3. During the installation, the Companies engineers will take every precaution to avoid damage to the fabric of the building. However, due to the nature of the installation, the engineer may be required to make an inspection cut or hole to retrieve installed cables or drill holes for brackets and fixtures. Whilst the engineer will make every effort to make good any such hole, the Company engineers are under no obligation to repair or redecorate customer premises.
12. Ownership of equipment and materials supplied
12.1. Title of all equipment and/or materials supplied shall remain with the Company until final payment is received. The Company hereby reserve the right to re-enter the site and collect or otherwise disable all equipment in respect of which payment is not received within 14 days of invoicing.
13. Guarantee of Equipment Supplied
13.1. The extent to which equipment supplied and/or installed by The Company is guaranteed will be set out in full in the Budget Proposal. Any guarantee will be revoked automatically in circumstances where:
13.1.1. the equipment is damaged, modified or interfered with by any person other than a representative of the Company; and/or
13.1.2. without the prior written consent of the Company, the equipment is worked upon and/or repaired by anyone other than a representative of the Company, or a person under the supervision of a representative of the Company.
14. Limitation of liability
Unless agreed otherwise all equipment supplied is under manufacturer’s warranty for the period stated by the manufacturer and governed under Scottish law. Time on site for maintenance purposes the removal of faulty equipment for the return to manufacturer for repair and subsequent re-installation shall be chargeable at current rates unless covered by maintenance agreement or waived by the company at the company’s discretion.
14.1. The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:-
14.1.1. Any use made or resale by the Client of any of the Equipment, or of any product incorporating any of the Equipment;
14.1.2. Any representation, statement or delictual act or omission including negligence arising under or in connection with the Contract.
14.1.3. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979)
14.2 the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. Nothing in these Conditions excludes or limits the liability of the Company:- for death or personal injury caused by the Companies negligence; or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation. Subject to Condition 1.2 and Condition 1.3:- the Companies total liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising.
Tel / Fax 01738 566 566
John Ross Smart Living
13 Charlotte Street
Perth PH1 5LW