
	Terms & Conditions

TERMS AND CONDITIONS

1. For the purpose of these term and conditions the following words shall have the following meaning:

a. “The Company” shall mean Mr Sparky Ltd

b. “The Customer” shall mean the person or organisation for whom the Company agrees to carry out the works and/or supply materials.

2. The Company reserves the right to refuse to undertake or decline work at its own discretion. Where the company agrees to carry out the works for the Customer then such works will be carried out by the operative who shall be selected by the Company in its absolute discretion.

3. Jobs on hourly rate: The total charge to the Customer shall consist of the cost of materials supplied by the Company (which must not exceed the total trade price + 20%) to the Customer and the total amount of time spent by the operative in carrying out the works for the Customer (to include a maximum of 30 minutes in obtaining materials not carried for the Customer) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work, all other times, telephone/mobile call etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.

4 MATERIAL COLLECTION.

Collection of non stock items is chargeable but:

a. Te Company agrees to charge a maximum of 30 minutes.

b. The collection of materials which should normally be stocked items is non chargeable.

c. The collection of items that are not reasonably foreseeable is chargeable.

5. Quoted fixed price work shall be given as a firm cost notwithstanding manifest errors which shall be exempted and shall include labour and materials but excluding VAT which shall be charged at the prevailing rate.

4. The Complaint shall not be under any obligation to provide an estimate to the Customer abd shall only be bound (subject as hereinafter) by estimates given in writing to the Customer and signed by a duly authorised representative of the Company. The Company shall not be found by any estimates given orally or in which manifest errors occur.

5. Invoices are due immediately upon delivery to the Customer. Invoices which remain unpaid (whether fully unpaid of in part) shall carry interest at the rate of current base rate from time to time of the Company’s bankers until payment is received in full by the Company.

6. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative or for the late delivery or non delivery of materials, but will offer a reasonable explanation.

7. Where a written estimate has been supplied to the Customer the total charge to the Customer referrer to in the estimate should not exceed the time taken by more than 10% but may be revised in the following circumstances:-

a. If after the submission of the estimate to the Customer from the Company) where orally or in writing) to carry out additional works not referred to in the estimate.

b. If after submission of the estimate there is an increase in the cost of materials.

c. If after submission of the estimate it is discovered that further works need to be carried out which

d. If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.

8. The Customer shall incur personal liability to discharge the Company’s account unless he discloses to the Company at the time he instructs the Company to carry out the work and/or supply materials that he is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and (when the customer has received a written estimate) the name of the third party appears on the written estimate.

9. If the Customer shall cancel his instruction prior to the work being carried out or materials supplied then the Customer shall be liable to pay the Company for the time spent and materials purchased by the Company together with the profit that would have been made by the company had the work been carried out and/or materials supplied in accordance with such instruction.

10. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company and shall afford the Company the opportunity of inspecting such works, and where appropriate, shall afford the Company the opportunity of carrying out the necessary remedial works. The customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out. The Customer agrees to allow the Company’s insurers to inspect any works carried out by the Company to the Customer.

11. The Guarantee shall be for labour only in the respect of faulty workmanship and materials supplied by the Company for 12 months from the date of completion with applicable manufacturers warranty in force. The Guarantee will become null and void if the work/materials supplied by the Company is:

a. Subject to misuse or negligence.

b. Repaired, modified or tampered by anyone other than the Company operative.

13. Where the Company carries out works for the Customer using materials supplied by the Customer, no warranty is given as to the merchantability, fitness for purpose or otherwise of such materials and the Company accepts no liability in respect thereof.

14. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.

15. The Company shall be entitled to recover costs/damages from any operative/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.

16. These terms and conditions may not be released, discharges, supplemented, interpreted, varied or modified by a manner except by an instrument in writing by a duly authorised representative of the Company and by the Customer. Furthermore, theses term and conditions shall prevail other any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company: by entering into a contract with the Company the Customer, until such aggress irrevocably to waive the application of any such terms and conditions.

17. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.

Until such time as title in the such goods has passed to the Customer:

I. The Company shall have absolute authority to retake, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the company.

II. For the purpose specified in (I) above, the Company of any of its agents or authorised representatives shall be entitled at any time and without to enter upon any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be;

III. The Company shall be entitled to seek a court injunctions to prevent the Customer from selling, transferred or otherwise disposing of such goods;

Not withstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or evidence of such Insurance.

18. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Company shall be entitled to a reasonable of extension of the time for performing such obligations.

19. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible of ensuing damages or claims resulting from this or other work overlooked or subsequently requested and not undertaken at the time.

These terms and conditions and all contracts awarded between the company and the Customer shall be governed and constructed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.

Terms & Conditions

TERMS AND CONDITIONS

1. For the purpose of these term and conditions the following words shall have the following meaning:

a. “The Company” shall mean Mr Sparky Ltd

b. “The Customer” shall mean the person or organisation for whom the Company agrees to carry out the works and/or supply materials.

2. The Company reserves the right to refuse to undertake or decline work at its own discretion. Where the company agrees to carry out the works for the Customer then such works will be carried out by the operative who shall be selected by the Company in its absolute discretion.

4 MATERIAL COLLECTION.

Collection of non stock items is chargeable but:

a. Te Company agrees to charge a maximum of 30 minutes.

b. The collection of materials which should normally be stocked items is non chargeable.

c. The collection of items that are not reasonably foreseeable is chargeable.

5. Quoted fixed price work shall be given as a firm cost notwithstanding manifest errors which shall be exempted and shall include labour and materials but excluding VAT which shall be charged at the prevailing rate.

5. Invoices are due immediately upon delivery to the Customer. Invoices which remain unpaid (whether fully unpaid of in part) shall carry interest at the rate of current base rate from time to time of the Company’s bankers until payment is received in full by the Company.

7. Where a written estimate has been supplied to the Customer the total charge to the Customer referrer to in the estimate should not exceed the time taken by more than 10% but may be revised in the following circumstances:-

a. If after the submission of the estimate to the Customer from the Company) where orally or in writing) to carry out additional works not referred to in the estimate.

b. If after submission of the estimate there is an increase in the cost of materials.

c. If after submission of the estimate it is discovered that further works need to be carried out which

d. If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.

11. The Guarantee shall be for labour only in the respect of faulty workmanship and materials supplied by the Company for 12 months from the date of completion with applicable manufacturers warranty in force. The Guarantee will become null and void if the work/materials supplied by the Company is:

a. Subject to misuse or negligence.

b. Repaired, modified or tampered by anyone other than the Company operative.

13. Where the Company carries out works for the Customer using materials supplied by the Customer, no warranty is given as to the merchantability, fitness for purpose or otherwise of such materials and the Company accepts no liability in respect thereof.

14. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise.

15. The Company shall be entitled to recover costs/damages from any operative/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.

17. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.

Until such time as title in the such goods has passed to the Customer:

I. The Company shall have absolute authority to retake, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the company.

II. For the purpose specified in (I) above, the Company of any of its agents or authorised representatives shall be entitled at any time and without to enter upon any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be;

III. The Company shall be entitled to seek a court injunctions to prevent the Customer from selling, transferred or otherwise disposing of such goods;

19. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible of ensuing damages or claims resulting from this or other work overlooked or subsequently requested and not undertaken at the time.

These terms and conditions and all contracts awarded between the company and the Customer shall be governed and constructed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.