Documentation
THIS INFORMATION RESOURCE IS FOR CUSTOMER USE ONLY. ALL DOCUMENTS ARE THE COPYRIGHT OF MH ELECTRICAL SERVICES. BY ACCEPTING OUR ESTIMATE, WORKS COMMENCING OR MATERIALS PURCHASED ON YOUR BEHALF YOU ARE DEEMED TO HAVE ACCEPTED OUR TERMS & CONDITIONS IN THEIR ENTIRETY.
TERMS AND CONDITIONS
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our Estimate (Services) by Michael Hooper trading as MH Electrical Services of 10 Wainwright Avenue, Thrapston, Northamptonshire, NN14 4UH (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our Estimate or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our Estimate (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
4. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
Services
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the estimate; however, time shall not be of the essence in the performance of our obligations.
9. Disposal of waste materials including but not limited to old consumer units, switchgear, cables, brick rubble and general construction debris remains the property of the householder and will not be removed from site by MH Electrical Services. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Materials
10. All Estimates for materials eg: light fittings and/or switches are based on white plastic. Existing light fittings which are not plastic may be removed and replaced with Fittings supplied by you (The Customer), following agreement with MH Electrical Services and will be subject to an additional cost for removal of the existing fittings as well as the cost for the installation of the new fittings. All materials remain the property of MH Electrical Services whether they have been installed or otherwise until the full payment of our Invoice has been affected.
Estimates
11. Estimates are based on site visits, discussions and/or photographic evidence. Should there be any misunderstanding or communication error on the requirements of any works, our Estimate may be revised to include additional works and/or materials and services to reflect said misunderstanding.
Payments
12. All payments are due upon receipt of our Invoice unless otherwise agreed in writing. For the avoidance of any doubt, “Upon Receipt” shall mean within 3 days.
13. Payments shall be made by bank transfer or in cash if previously agreed.
14. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 6% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
15. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
16. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
17. Receipts for payment will be issued by us only at your request.
18. All payments must be made in British Pounds unless otherwise agreed in writing between us.
19. EV – Vehicle Grants: You “The Customer” remain liable for any monies owing to us from Government Grant applications until such Grants applied for have been accepted and passed to the Office for Zero Emission Vehicles (OZEV) for payment. If such a grant is denied and the additional information requested by OZEV to obtain said grant is not forthcoming or is inadequate, you will become liable for payment of the outstanding sum applied for on your behalf.
Your obligations
20. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
21. If you do not comply with clause 19, we can terminate the Services.
22. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees and Deposits
23. The fees (Fees) for the Services are set out in the estimate and are on a time and materials basis.
24. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
25. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 1 also apply to these additional services.
26. The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
27. If Contract value is greater than £4’000.00 phased payments may be required upon completion of agreed milestones.
28. If material costs exceed £175.00 a deposit to the value of the materials will be required upon acceptance of our Estimate. If the Deposit is not paid to us according to the clause above, we can eitherwithhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).
29. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
Cancellation and amendment
30. We can withdraw, cancel or amend an estimate if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the estimate, (unless it has been withdrawn).
31. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the estimate.
32. If you want to amend any details of the Services you must tell us in writing via email or text as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
33. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Sub-Contracting and assignment
34. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
35. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
36. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual property
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37. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
38. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
39. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
38. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
39. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
40. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
41. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
42. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
43. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
44. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
45. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more
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extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
46. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
47. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be requested by contacting us through email at mickhelectrical@outlook.com. For any enquiries or complaints regarding data privacy, you can email: mickhelectrical@outlook.com.
Circumstances beyond a party's control
48. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
49. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
50. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
51. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No waiver
52. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
53. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
54. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
EV CHARGE POINT TERMS & CONDITIONS
What does a standard installation mean?
What's included?
Applicable to VEC01 & VEC03 chargers only
Offer applies to 5m cable installations, including data cable for load limiting.
The cable must be drilled through an external wall and clipped direct to the charger location or clipped direct from new CU.
Consumer unit must be up to date, suitable for supplying an EVCP and have adequate space.
Charger installed from an existing DP isolator using a Henley block, or installing from a compliant consumer unit which has a spare non-RCD Way. (If an upgrade is needed to an existing RCD in the consumer unit this would be additional costs to customer and subject to quoting).
Installation of Surge protection, DP Type A RCD and required MCB
The charger location must be in reach of the household Wi-Fi. If booster required will be additional cost.
Charger to be installed charge point to a brick or plaster wall or other suitable permanent structure.
Testing, commissioning, set up and demonstration of charger.
Notifying DNO, Building control and issuing electrical certification
Exclusions
No additional works or groundworks
DNO upgrade works, or upgrades to existing electrical system
Entering loft spaces; lift floorboards or flooring; taking apart any furniture, working above a height of 2m.
Installations that don’t meet the above requirements may be subject to additional charges.