Electrical terms & conditions.

1. Definitions

“Condition(s)” or “Terms” means these Electrical Terms and Conditions.

“Good(s)” means goods, products, components, materials, labour and services.

“Stage(s)” means the period agreed in the Order, Contract, Schedule or Programme, or the month in which the works are completed.

“Drawing(s)” means drawings, specifications, designs, sketches and layouts of the works, and information required in hard copy or digital form to deliver the Order requirement on installation.

“Contract Variation Instruction” or “CVI” means a change to the Goods which carries additional cost, whether due to an increased Drawing scope or additional labour time required to deliver the Goods.

“Order(s)” means any order, contract, CVI, or written or verbal instruction from the Buyer for Goods.

“Website” means the website at www.allcabling.co.uk or any subsequent URL which replaces it.

2. The parties

“The Seller” means All Cabling© Limited, whose trading address is 1 Albert Mews, Third Avenue, Hove, East Sussex BN3 2PP and whose registered office is Frederick Terrace, Frederick Place, Brighton, East Sussex BN1 1AX. Company No: 11601953.

“The Buyer” means the person, firm, company, trust or body by whom or on whose behalf the purchase is made, whether verbally or in writing.

3. Quotation validity

Quotations or tenders submitted by the Seller remain valid for 7 days unless another period is agreed with the Buyer, and unless otherwise agreed are based on acceptance in their entirety. Where a quotation or tender is issued without a full site survey — or where the site cannot be surveyed until after the order is placed — the Seller reserves the right to vary the costs in light of the facts then discovered, by CVI.

4. Order and contract acceptance

On receipt of an official Order the Seller will be issued with working Drawings before the Goods are provided. The Buyer will advise and update the Seller of any change to the Drawings that affects the Goods. Each issue of the Drawings will be identified and approved, and sent to the Seller in reasonable time for changes to be implemented. Any change causing additional works will be subject to a CVI issued by the Seller and approved by the Buyer for traceability. A CVI not agreed by both the Buyer and the Seller will not be enacted.

5. Property and risk

The Seller retains title in the Goods until the Seller’s invoices are paid in full, at which point title passes to the Buyer. Risk in the Goods passes to the Buyer on delivery, whether delivery is to the Buyer’s premises, the Buyer’s customer’s premises, or any other location directed or requested by the Buyer verbally or in writing. For the avoidance of doubt, from the point of delivery the Buyer’s insurance is to cover the cost of replacement for damage or loss.

6. Delivery

Unless otherwise agreed, the Seller assumes that offloading of Goods will be provided by the Seller. If for any reason the Buyer is unable to accept delivery on the agreed day and the Seller has to reschedule, the Seller may charge reasonable costs by CVI.

Unless otherwise agreed, the Seller assumes that for large palletised deliveries the Buyer has the means to offload the Goods. If the Buyer is unable to accept delivery in this form, the Buyer must advise the Seller, who will despatch by another method and may charge reasonable costs for additional packing or special delivery. Where Goods are despatched, cannot be accepted, and are returned to the Seller, the Seller will charge for storage of the Goods, including insurance, and for carriage on re-delivery.

7. Packing

Reasonable allowance for packing to protect the Goods during transportation and storage will be made by the Seller. Once the packing has been removed, the Buyer must report any damage immediately. Where the packing is damaged, the Buyer should photograph the units and send the images to All Cabling© Limited; the Seller reserves the right to inspect the Goods physically. Damage discovered more than 5 days after receipt becomes the Buyer’s responsibility, as the Seller has no means at that point of establishing whether the damage occurred on the Buyer’s site or in transit under insured carriage.

8. Power supplies

Where the Seller’s works are based on the Goods being delivered and installed, the Seller assumes that a suitable power supply is available free of charge for handheld tools (drills and similar) necessary for installers to complete the works. If the Seller has to provide a generator, this will be at the Buyer’s cost by CVI. All electrical systems and connections within the premises or site remain the responsibility of the Buyer.

9. Supply and installation

Where the Seller’s works are based on the Goods being delivered and installed, installation will take place during normal working hours or hours otherwise agreed with the Buyer. All works undertaken by the Seller will comply with the Buyer’s requirements, BS 7671 (the IET Wiring Regulations) and the Building Regulations 2010 in force at the time of the works. Where the Buyer requires a deviation from those standards or regulations, a written instruction and record will be required.

Where works are carried out on existing circuits to repair, extend or modify, the Seller assumes that the Buyer’s existing installation complies with the minimum applicable regulations. Any further works found to be necessary before work can continue on the existing installation will be at additional cost by CVI.

The Seller will undertake the Order to an agreed standard and will seek to minimise mess and disruption; however, the works are not free of dust or noise and the Seller asks for the Buyer’s consideration. On leaving the premises the installers will clean the work area to the Buyer’s satisfaction. Where carpets or floor coverings require lifting to allow installation, reasonable endeavours will be made to avoid damage, but disturbing old carpets or aged flooring is at the Buyer’s risk. The Seller will undertake installation works to a clean standard, using dust sheets, coverings and cleaning equipment as necessary.

10. Access equipment

Where the Seller’s works are based on the Goods being delivered and installed, the Seller assumes the Buyer will provide access equipment where works are above 2400 mm. If the Seller has to provide scaffolding or towers, this will be at the Buyer’s cost by CVI.

11. Welfare arrangements

Where the Seller’s works are based on the Goods being delivered and installed, the Seller requires suitable access to the building, washroom and toilet facilities for the duration of the works, for its staff and sub-contractors.

12. Health, safety and environment

Where the Seller’s works are based on the Goods being delivered and installed, the Seller will comply with all applicable health, safety and environmental legislation and regulations, together with any additional site-specific rules operated by the Buyer on the premises or site.

13. Intellectual property

Where the design has been provided by the Buyer, the intellectual property in it and responsibility for its fitness for purpose rest with the Buyer. Where the design of the works has been carried out by the Seller, the intellectual property vests in the Seller and may not be used by the Buyer for any purpose until payment has been received in full, at which point the intellectual property and a copy of the designs pass to the Buyer and any guarantees and warranties commence. The Seller will hold records for 7 years; applications may be made for copies of the design during that period, and a reasonable charge may apply.

14. Events beyond the Seller’s control

The Seller has no liability to the Buyer for any failure to deliver Goods that the Buyer has ordered from third parties, nor for problems arising from the Buyer’s selection of third parties or their goods; any resulting changes or additional works will be subject to a CVI. The Buyer should also be aware that open areas in buildings, and works such as plaster drying out, may create an environment damaging to the Goods, and the Seller cannot be held liable for damage caused in this way.

15. Cancellation

Where Goods have been paid for in advance, the Buyer may cancel the Order at any point within the supply programme, subject to the following costs: (1) any monies paid will be returned in full if no ordering or works have commenced, otherwise the Seller’s costs incurred to that point will be deducted; (2) where Goods have been ordered and paid for by the Seller and must be returned, the sum refunded will be reduced by the cost of return to the manufacturer or supplier, including carriage and any cancellation charges levied, in addition to (1) above.

16. Third party rights

Except for the Seller’s affiliates, directors, employees and representatives, a person who is not a party to the Order has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party that exists, or is available, apart from that Act.

17. Transfer of rights and obligations

The Buyer may not transfer any rights or obligations under these Terms to another party without the Seller’s prior written consent, which will not be unreasonably withheld. The Seller may transfer all or any of its rights and obligations under these Terms to another party, but such a transfer will not affect the Buyer’s rights under these Terms.

18. Consumer rights (domestic customers)

Where the Buyer is a consumer contracting outside their trade or profession, the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, and nothing in these Terms limits those statutory rights.

Where the contract is made away from the Seller’s business premises or at a distance, the Buyer has the right to cancel within 14 days of the contract being made, without giving a reason. Any sums paid will be refunded within 14 days of cancellation.

Where the Buyer expressly requests that work begins during the 14-day cancellation period and then cancels, the Buyer is liable for the value of the work carried out and the Goods supplied up to the point of cancellation. Where the work has been fully performed at the Buyer’s express request within that period, the right to cancel is lost.

19. Governing law

These Terms, and any dispute arising out of them, are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.