Terms and Conditions for Smart Solutions Engineers Limited (T/A Smart Electrical Solutions)

These Terms and Conditions govern the provision of electrical services by Smart Solutions Engineers Limited (T/A Smart Electrical Solutions), a company registered in England and Wales, to the Customer. By engaging our services, you agree to be bound by these terms.

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1. Definitions

• "Contractor" refers to Smart Solutions Engineers Limited (T/A Smart Electrical Solutions), its employees, agents, or subcontractors.

• "Customer" refers to the person, company, or firm instructing the works.

• "Works" refers to the electrical services, including installation, repairs, testing, or maintenance, as described in the quotation or agreed upon.

• "Quotation" refers to the written quote provided by the Contractor, valid for 30 days unless otherwise stated.

• "Contract" refers to the agreement between the Contractor and Customer, incorporating these terms.

2. Quotation and Acceptance

• Quotations are valid for 30 days from the date of issue unless withdrawn earlier in writing. After this period, the Contractor may adjust prices due to changes in labour, materials, or other costs.

• Acceptance of a quotation or instruction to proceed constitutes acceptance of these terms.

• Prices are based on the assumption that the Works can be reasonably carried out. If this is not the case, the Contractor will notify the Customer and may propose a revised quotation or alternative solution.

• Unless stated otherwise, prices exclude VAT, which will be charged at the prevailing rate.

3. Scope of Works

• The Contractor will perform the Works with reasonable skill and care, in accordance with BS 7671 (IET Wiring Regulations) and applicable Building Regulations.

• Works to extend or modify existing circuits assume the existing installation meets current standards. Any additional work required to bring circuits up to standard will incur extra costs.

• Cabling will be concealed where practicable, following the shortest routes parallel to building lines. If concealment is not feasible, cables will be surface-run neatly in trunking or conduit.

• The Contractor does not include redecoration, re-plastering, or lifting/relaying floor coverings unless explicitly stated in the quotation.

4. Customer Obligations

• The Customer must provide free and safe access to the work area, including safe storage for the Contractor’s tools, equipment, and materials.

• The Customer shall ensure the site complies with Health and Safety at Work legislation and is free from hazards, such as asbestos, unless previously disclosed in writing. The Contractor may request testing of suspected asbestos at the Customer’s expense.

• The Customer must inform the Contractor of the location of concealed utilities (e.g., water, gas, or electrical services) before work begins. The Contractor is not liable for damage to undisclosed services.

• The Customer is responsible for moving furniture or obstructions to allow access to work areas. The Contractor is not liable for damage caused by necessary movement of such items.

5. Payment

• Unless otherwise agreed, payment is due in full within 7 days of invoice issuance upon completion of the Works.

• For longer projects, interim invoices will be issued weekly in line with our Refund and Payment Policy.

• Late payments may incur additional fees and interest on unpaid invoices.

• The Contractor will issue certification and other relevant documentation at the same time the receipt for full payment is issued.

• Additional work or variations requested by the Customer will be quoted separately and must be agreed in writing before proceeding.

6. Variations and Additional Work

• Any proposed variation to the Works must be agreed in writing by both parties and will form a separate contract, unless explicitly stated otherwise in the variation agreement.

• Variations will not alter the terms, scope, or price of the original Contract unless specifically stated in the written variation agreement.

• The Contractor will provide a separate quotation for any variation, which may incur additional costs for labour, materials, or other expenses.

• Variations must be agreed in writing before any related work commences. The Contractor will not proceed with variation work without such agreement.

• If a proposed variation is not accepted and this causes delays to the original Works, the Contractor is not liable for any resulting delays or associated costs.

• If a variation is not agreed and this renders the original Works impossible or impractical to complete, the Contractor is not liable for the incompletion of the Works.

• In the event that a variation is not accepted, preventing completion of the original Works, the Contractor will invoice the Customer for the value of the Works completed up to that point, plus any costs incurred (e.g., for materials or labour already committed).

7. Cancellation

• A minimum of 5 days’ notice is required for cancellation. Cancellations with less notice or failure to provide site access may incur a charge for the labour component of the Works.

• For contracts signed off-premises, the Customer has a 14-day cooling-off period under the Consumer Contracts Regulations, during which they may cancel without penalty.

• If the Customer is offered and accepts an installation date within the 14-day cooling-off period, they waive their right to cancellation under the Consumer Contracts Regulations.

• Upon cancellation, the Customer is liable for costs incurred up to the cancellation date, including non-refunded materials.

8. Liability and Warranties

• The Contractor provides a 12-month guarantee on labour for faulty workmanship, effective from the date of completion. This does not cover misuse, modifications, repairs or maintenance by third parties.

• The Contractor is not liable for pre-existing electrical faults or appliances unless caused by their negligence.

• The Contractor is not liable for power outages or any loss of earnings, business, or stock unless caused by their neglect.

• Liability for consequential loss or damage (e.g., to property or contents) is limited to the contract value, except for death, personal injury, or breaches of statutory duties under the Supply of Goods and Services Act 1982 or Consumer Protection Act 1987.

• Materials supplied by the Contractor remain their property until paid for in full.

• Materials supplied but not paid for in full after the invoice due date will be leased to the Customer at 25% of their full value, in addition to any late payment fees and interest. This will be billed monthly starting one month after the invoice due date.

9. Health and Safety

• All Works comply with the Electricity at Work Regulations 1989.

• The Contractor may isolate or disconnect parts of the installation for safety, which may incur additional charges.

• The Customer must provide adequate site amenities (e.g., electricity, water, toilet access, residents’ parking permits) at no cost to the Contractor.

• The Customer must follow the Contractor’s instructions regarding site access to ensure safety during the Works.

• The Customer shall work with the Contractor to secure compliance with health and safety requirements, including addressing any identified hazards or risks.

10. Disputes

• Disputes will be investigated by the Contractor, who will propose a resolution to be agreed upon by the Customer.

• If a resolution cannot be agreed, disputes regarding the quality or nature of the Works will be referred to an independent expert chosen by the Contractor, backed by an Electrical Installation Condition Report (EICR) covered by the third-party contractor’s own accreditation and insurance. The expert’s report is binding.

• If the fault lies with the Contractor and remedial work is required, the cost of the report will be covered by the Contractor. If no issue is found, the Customer will pay for the report.

• Costs of the dispute resolution process, excluding the report as specified above, are borne as directed by the expert.

11. Notices

• All notices must be in writing and delivered by email to the addresses provided in the quotation or order. Notices are deemed received on the next working day.

12. Data Protection

• The Contractor complies with the Data Protection Act 2018 and UK GDPR. Personal information will be used only for the purpose of providing the Works and will not be shared without consent, except as required by law.

13. Termination

• The Contractor may terminate the Contract immediately if the installation does not comply with electrical regulations or if the Customer fails to make payments as agreed.

• Either party may terminate with two weeks’ written notice, subject to payment for work completed and materials supplied.

• If the Contract is terminated, the Customer will be liable for the Contractor’s costs to date for the Works completed and/or costs incurred as part of the job.

14. Governing Law

• This Contract is governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the English courts.

15. General

• The Contractor may subcontract parts of the Works, but remains responsible for their performance.

• No waiver of any breach of these terms prevents enforcement of subsequent breaches.

• These terms, along with the quotation, form the entire agreement between the parties.

• The Contract does not confer rights on third parties under the Contracts (Rights of Third Parties) Act 1999.

16. Uncontrollable Events

• The Contractor shall not be held responsible for any failure to perform the Contract or comply with these Terms and Conditions due to events beyond their reasonable control, including but not limited to fire, explosion, flood, epidemic, or governmental actions or restrictions.

17. Social Media and Marketing

• The Contractor may use images of the Works for social media and marketing purposes unless the Customer provides an objection in writing.

18. Contract Enforcement

• The Contractor may choose to enforce any section of these Terms and Conditions wholly or partially but retains the right to enforce or cease enforcing any section at their discretion.

19. Amendments and Changes

• The Contractor may amend, change, or remove sections of these Terms and Conditions at any time without prior notice. If such changes are applied during an ongoing Contract or Works, the Contractor will inform the Customer of the changes, and the Customer will have the opportunity to cancel under the same terms listed in this document.

For further details or to discuss these terms, contact Smart Solutions Engineers Limited (T/A Smart Electrical Solutions) at [Your Contact Details].