When you have a spare 24 hours, have a read through this lot below..... but seriously, do take some time to have a look through our T&Cs. Its important.
RJ Electrics Terms and Conditions of Sale
1. Words and Phrases
In these terms the following definitions apply:
“Customer” means the person or company to which RJE are providing Services.
“Customer’s Equipment” means the equipment or material belonging to the Customer, or for which the Customer requests RJE to provide services.
“Customer’s Property” means the premises or location at which the Customer requests RJE to provide services.
“Services” or “Works” means the engineering, electrical and associated services relating to the works as specified in the RJE estimate or other agreed documents or discussions between RJE and the Customer.
“RJE” means RJ Electrics.
“Terms and Conditions” means these general terms and conditions of supply and any special conditions agreed in writing between RJE and the Customer.
2. Incorporation of Conditions
2.1 Any contract or agreement to do Work or Services made between the Customer and RJE shall be subject to these Terms and Conditions. Any terms and conditions put forward by the Customer will not apply.
2.2 All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded unless expressly included in writing.
2.3 No amendment or change shall be made to these Terms and Conditions without prior written agreement between both parties.
3.1 RJE estimates provide an indication to the Customer of the items on which the Customer may place an order, but no order from the Customer as a result of an estimate (or otherwise) shall be binding upon RJE unless and until it is accepted or confirmed by RJE.
3.2 Unless previously withdrawn, an estimate from RJE is valid for the period stated therein or, when no period is so stated, within 14 days after it’s date, and is subject to written confirmation by RJE at the time of order. All goods offered are subject to their being available upon receipt of order.
3.3 An estimate is made on the assumption that the Work requested is reasonably capable of being carried out. If on inspection this is found in RJE’s opinion not to be the case we will advise the Customer to this effect as soon as reasonably practicable and may offer an alternative proposal. If the Customer gives a general instruction for repairs without specifying the particular service or replacement parts, RJE will be entitled, where possible, to carry out such repairs or, modifications or service as in our opinion are necessary to leave the Customer’s Equipment and/or Customer’s Property safe and in good working order, and to make an appropriate charge for the Work and parts provided.
3.4 Materials, labour, transport or other item prices detailed on an estimate are based on information current on the date the estimate was raised. Prices charged on invoice, including overheads which RJE have to pay or incur for the performance of the contract will be those ruling at the time of despatch of goods or provision of Services.
3.5 Time for delivery shall not be of the essence of the contract unless previously agreed by RJE in writing. Any dates or times quoted for delivery are approximate only as RJE are subject to the manufacturers or suppliers delivery promises which we pass on to the Customer in good faith. For the avoidance of doubt such delivery dates or times given to the Customer shall not create a contractual obligation to deliver on such date or time and accordingly no liability shall be accepted by RJE for any claim by the Customer or any third party for direct or consequential loss or damage arising from delay in delivery.
3.6 If delivery and/or performance are postponed or cancelled at the Customers request or by circumstance within the Customers control, the Customer will pay all resulting costs and expenses RJE incur as a result of such postponement or cancellation.
4. Work on Site
4.1 If the Services are to be carried out at the Customer’s Property, RJE will need free and safe access to the affected Customer’s Equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials RJE have on site. RJE will assume the Customer will provide on-site water and drainage for welfare facilities and may also require additional facilities to carry out the Services such as electricity.
4.2 Where the Services are carried out at the Customer’s Property, RJE, in accordance with the Public Health (Wales) Act 2017 and the Smoke-free Premises and Vehicles (Wales) Regulations 2020, require the Workplace to be a smoke free area.
4.3 If the Customer is a corporation or other legal entity, the Customer will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and will hold RJE harmless against all legal and regulatory proceedings, costs and charges in respect of the Customers failure to do so.
5. Payment and Passing of Property
5.1 Depending on size of project, payment will be:
5.1.1 RJE will issue an invoice for the full amount due on completion of the Works or Services.
5.1.2 Medium size projects will be charged for in the following stages: 30% of estimated amount as a deposit, and further 30% after completion of first fix and the final 40% on completion of Works or Services.
5.1.3 Larger projects will be in stage payments as individually notified by RJE. Any additional items or changes to the initial estimated Work will be invoiced for at a logical point, i.e. either at First Fix or Completion, whichever is most appropriate.
5.2 Invoices will be due for payment 14 days from the date of invoice. All payments will be in pounds Sterling.
5.3 All goods supplied by RJE will remain our absolute property until paid for by the Customer in full.
5.4 The Customer will store the goods in such a way that they are readily identifiable as our property but may sell them to a third party in the normal course of their business.
5.5 RJE shall be entitled immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may be necessary and repossess any goods to which we have title under this clause.
6. Designs Drawings and Specifications
6.1 The Customer shall be responsible for the accuracy of any designs, drawings, specifications and other data which they or their employees or agents supply to RJE, which we then use in connection with the Works or Services, even if we examine, inspect or comment upon them.
6.2 The Customer will indemnify RJE against all costs, claims, charges or liability to a third party which we may incur as a result of carrying out the Works or Services in accordance with the Customers instructions, designs, drawings, specifications or other data.
7.1 RJE will take reasonable care of the Customer’s Equipment whilst it is in our custody and make good any loss damage caused by our failure to exercise reasonable care, our liability being limited to the replacement value of the Equipment at the time of the loss / damage that has occurred.
7.2 RJE also undertake to use reasonable skill and care in carrying out the Work or Services and to use materials, which are of suitable quality and free from defects.
7.3 Unless otherwise agreed, RJE will rectify defective Work and /or defective materials notified to us in writing within six months of the completion of the Work or Services and liability for defective Work and/ or defective materials is limited to the invoice value thereof. RJE will have no responsibility for other loss or damage, including (without limitation) loss of profit or production, except as required by law.
7.4 Unless RJE have agreed to do so, the Customer will accept full responsibility for re-installing, examining and testing the Equipment on which we have worked as soon as it is completed and RJE shall not be responsible for any damage, cost or loss incurred by the Customer due to their failure to properly re-install or delay in testing the equipment or in notifying RJE of any defect in the Work or Service.
8.1 Where RJE have agreed to transport any Equipment, in the event of loss or damage to the Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of insurance. In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts.
8.2 RJE shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is the Customers responsibility to examine the goods immediately on receipt
8.3 Unless otherwise agreed, the loading or off-loading of the goods on collection or return to the Customer shall be arranged by the Customer and performed at the Customers sole expense and risk.
8.4 All goods supplied by RJE are manufactured by others. Accordingly, RJE shall pass on to the Customer the benefit of the warranty, if any, given by the distributor or manufacturer of the goods.
9. Termination of this Contract
9.1 RJE may bring this Contract to an end if the Customer fails to comply with their obligations under this Contract, within seven days of having been notified by RJE of the relevant failure. RJE may also bring this Contract to an end immediately if the Customer is the subject of a petition for a bankruptcy order, or becomes insolvent or enters into any composition, scheme or arrangement with their creditors.
9.2 If the Customer is a corporation or other legal entity, RJE may terminate this Contract immediately if a receiver (including an administrative receiver) is appointed over any of the Customers assets or an application is made to appoint an administrator for the Customer.
9.3 If the Customer is in partnership, RJE may bring this Contract to an end immediately if the partnership is dissolved.
9.4 RJE may also terminate this Contract if any proceedings relating to the Customers insolvency are commenced in any country.
9.5 If this Agreement ends for any reason, RJE will be entitled to remove all of our equipment from the Customers premises or from site. The Customer will remain liable to RJE for any sums which have not been paid, for all Work done up to date of termination and for any other breaches of this Contract.
10. Limitation of Liability
10.1 In relation to defects in goods sold to the Customer by RJE, RJE may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded.
10.2 Apart from RJE agreement to rectify any defects or errors in the Services as set out in clause 7 above and to replace or repair the Customer’s Equipment where there is loss or damage to goods in transit as set out in clause 8 above:
10.2.1 RJE maximum liability to the Customer for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by the Customer under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £100,000; and
10.2.2 RJE will not be liable to the Customer under any circumstances for any indirect or consequential losses (including loss of Contracts or loss of profits or production).
10.3 The limitations and exclusions in this clause apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death or personal injury due to defects in goods supplied to the Customer by RJE as set out above.
10.4 The limitations and exclusions in these conditions reflect the value of this Contract to RJE and are considered to be reasonable. If the Customer requires us to accept greater liability RJE may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to RJE.
11. Force Majeure
RJE will not be liable to the Customer for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.
Any disputes which RJE cannot settle amicably relating to the nature or quality of the Works or Services will be referred to an expert to be agreed or (if RJE and the Customer cannot agree the choice of expert within 14 days of an expert being proposed by RJE or the Customer) appointed at the request of RJE or the Customer by the NICEIC. The written report of the expert will be conclusive evidence of all matters of fact and all matters of opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.
Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.
14. Assignment/Third Parties
The Customer will not assign their rights under this Agreement without RJE express written approval. RJE may sub-contract the provision of certain Services at our discretion. No third party will acquire any rights under this Contract except as specifically stated in these conditions.
15.1 Any notice to be given by the Customer or RJE must be in writing and may be delivered by post or electronic mail. Notices to RJE should be sent to the address stated on our quotation, acknowledgement or invoice. Any notice given to the Customer will be sent to the address supplied at the time of order. 15.2 The Customer and RJE are free to provide an alternative address for notices at any time.
15.3 E-Mail notices will be assumed to have been delivered on the next working day after transmission and notices sent by first class post will be assumed to have been delivered two working days after they are sent.
Any express or implied waiver by RJE of any failure by the Customer to perform their obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver RJE give will not be taken to be a waiver of any subsequent failure by the Customer to perform that or any other obligation.
17. Whole Agreement
These Terms and Conditions constitutes the entire agreement between RJE relating to the Works or Services and overrides any prior correspondence or statements relating to the Works or Services (including any statements or representations in any advertisements or literature produced by RJE relating to the Works or Services).
If any provision of this Agreement is ruled to be invalid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.
This Agreement is governed by the Law of England and Wales.