Unless otherwise agreed these Conditions of Trading shall apply to any Quotation/Estimate offered by William Duncan Electrician Ltd. (hereinafter referred to as “the Contractor”), for work to be carried out for a customer (hereinafter referred to as “the Customer”).
1.1 An Estimate is an approximate price, calculated with reasonable care from available information, which may be given as a range or percentage variation. It constitutes an offer to do the work and we will endeavour to keep within the price range. Should there be unforeseeable work involved the estimate will be subject to change. An estimated price will be used where an exact price is not required or is impossible to give due to lack of information.
1.2 A Quotation is an offer to do the work specified at the price quoted.
2.0 Valid Period of Offer
The Quotation/Estimate shall remain valid and open for acceptance in writing, for a period of thirty (30) days from the date of the Quotation/Estimate.
3.0 Basis of Offer
3.1 The Contractor offers to carry out and complete the Works described in the Quotation/Estimate for the sum quoted or such other sum as shall become payable
3.2 The price may be subject to adjustment arising from taxes, fees or similar charges applicable to the Works levied by local or central government.
3.3 The Quotation/Estimate excludes value added tax, which shall be added at the current rate.
3.4 Unless otherwise agreed, the Quotation/Estimate is based upon the Works being carried out during normal working hours, which are between 0800 and 1700 and within the period stated in the quotation or such other period as agreed.
3.5 Variations to the Works or variations to the methodology of working instructed by the Customer, shall be charged on a time and materials basis, should it prove impractical to provide a separate quotation/estimate and agree a price before the work is carried out.
3.6 The Quotation/Estimate provides for work to be carried out in the most economical manner practicable.
3.7 The Works shall be carried out so as to comply with the Building Standards (Scotland) Regulations, the current edition of BS 7671 (Requirements for Electrical Installations, IEE Wiring Regulations Sixteenth Edition) and any other relevant regulations.
3.8 Unless specifically included in the description of the Works, the Quotation/Estimate does not cover the cost of work carried out by other trades.
The Customer shall be responsible for obtaining all necessary approvals prior to the Works commencing and for payment of all associated fees and for providing access as necessary to allow the Contractor to do the work within the agreed period.
3.9 The Contractor shall exercise all reasonable skill, care, foresight and diligence in the performance and completion of the Works.
3.10 The Contractor shall take reasonable care during performance of the Works. Unless specifically agreed, the price does not include redecoration work, which may be required after the Works have been duly completed and handover has taken place.
3.11 The Customer may retain materials removed during the course of carrying out the Works in accordance with the agreed itemised list attached. The Contractor shall take reasonable care, but shall not be liable for damage to items covered by this clause (3.11) during removal.
3.12 Drawings provided by the Contractor are indicative only and changes may have to be made as to details.
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4.0 Terms of Payment
4.1 Payment shall be due:
(i) on completion of the Works, payment shall be made in full within seven (7) days of the date of the invoice submitted by the Contractor; or
(ii) where the duration of the Works is expected to exceed four weeks, the Contractor may apply for interim payments at thirty (30) day intervals, based on the total value of work properly executed at the date of each application for payment. The amounts so calculated, less any interim payments previously made, shall be paid by the Customer within seven (7) days of the date of each application for payment.
4.2 In accordance with the terms of payment in 4.1 (i) or 4.1 (ii) as appropriate, the Contractor may charge the Customer interest on any outstanding amount at a rate of 2% above the current Base Rate charged by the Contractor’s Bank from the day the payment is due until payment is made.
The Contractor shall use all reasonable endeavours to complete the Works within the period stipulated in the Quotation/Estimate, or, if no period is agreed prior to commencement, then within a reasonable time. The Contractor shall not be responsible for any delay, loss or damage arising out of any cause, outwith the Contractor’s control.
6.0 Defects and Limitation of Liability
The Contractor undertakes to repair or replace free of charge any defective work or materials supplied by him, on condition that such defect is notified within twelve months following the completion of the Works, provided nevertheless that:
(i) the Contractor shall have no responsibility for materials not supplied by him.
(ii) the Contractor’s responsibility to the Customer is limited to the completion of the agreed Works.
(iii) the Contractor shall not be liable for any loss or damage caused as a result of misuse by third parties, or by any item of equipment being put into operation by the Customer, or under his instruction, before it is formally handed over to the Customer.
(iv) the Customer allows the Contractor a reasonable time to rectify any defects.
Nothing in these terms shall limit or exclude the Contractor's liability for: death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979; or any matter in respect of which it would be unlawful for the Contractor to exclude or restrict liability.
The Contractor's maximum liability to the Customer in respect of all losses arising under or in connection with the contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in circimstances exceed a sum equivalent to the total amount paid by the Customer under this Contract.
We will not be liable to you under any circumstances for any indirect or consequential losses, including loss of actual or anticipated profits, loss of income, loss of business, loss of contracts, or loss of goodwill or reputation.
In the event of an unresolved dispute or difference between the Customer and the Contractor, the parties may jointly refer the said dispute or difference to SELECT, The Walled Garden, Bush Estate, Midlothian, EH26 OSB, who will endeavour to assist in reaching an amicable settlement.
8.0 These Conditions of Trading are in addition to the customer’s statutory rights.
9.0 The Contractor and the Customer shall agree the above conditions, including all amendments sought by either party, in writing.