Application Of These Terms And Conditions
We are quoting under the premise that you fall under the definition of “Consumer” in Clause 3 below. Only if you are a “Consumer” may you accept the quotation. The contract will not be enforceable if You are not. If so, kindly let Us know, and We will strive to provide You with a contract as a “non-Consumer” in that situation. These terms and conditions apply to the purchase of goods or services from Gill Electrical Ltd. a company registered in Milton Keynes, England. number 08000487911 and whose registered office is 5 Brayford Square, London, E1 0SG, made by “You” in the agreement or order “Goods” as a consumer. (“Us/We/Our”) or another address from which the business may occasionally transact may you accept the estimate. Other terms and conditions won’t be in effect unless both We and You agree to them in writing.
Interpretation
The term “Consumer” refers to a person who agrees to buy and receive the goods for their own use and for purposes that are entirely or primarily unrelated to any business, as defined by the Consumer Rights Act of 2015. A “Business” is anything you or another person/organization do in the way of a business, trade, craft, or profession. The “Regulations” refers to the 2013 Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations. A “business day” is defined as any day that is not a Saturday, Sunday, or bank holiday. The headings in these Terms & Conditions are merely included for convenience and have no bearing on how they should be read. The plural will be included in words that denote the singular, and vice versa.
Cancellation Under The Regulations
The Regulations grant You the following right to cancel the contract for the Goods if the agreement We reach with you is not made on our property. This right is in addition to any others you may have under the law or these terms and conditions. The right to cancel provided by the Regulations is a right to return the Goods without providing a reason up to 14 days after You take possession of the Goods, though the Regulations may extend that time period in certain situations that are outlined in the Regulations. If you cancel in accordance with the Regulations, you must confirm this to Us in a manner that is suitable for you, and if you have already made any payments to Us, for the Goods or their delivery,
If the contract We make with You is not made on Our premises, the Regulations give You the right to cancel the contract for the Goods as follows and You will have that right in addition to the rights You have under the law and these terms and conditions. The right to cancel given by the Regulations is a right to cancel the Goods, without reason, until the end of the 14 days period from when You come into possession of the Goods, but that period will be extended by the Regulations in certain circumstances set out in the Regulations. If You cancel under the Regulations, You must confirm this to Us in any way convenient to You, and if You have already made any payment(s) to Us for the Goods or their delivery, The payment(s) will be refunded to You in accordance with the Regulations, less any deductions. These cancellation rights will be affected if you ask for the provision of services to start during the cancellation period. In this case, you must pay us a sum that is proportionate to the work that has been completed up to the point that you have informed us that you are cancelling this contract, as opposed to the full amount of the contract. These cancellation rights are not applicable if the order’s worth is less than £42.00 if the items are clearly individualized or created to your specifications, or if you’ve asked us to make urgent repairs or maintenance.
Goods
All items that are the subject of this contract are referred to as “goods,” including any parts, components, or materials used in them. Any description provided or applied to these goods has only been provided for identifying purposes; their usage shall not be construed as a sale by description. The following information will be included in the terms of Our contract with You as a Consumer, as required by the Regulations: the information that the Regulations require Us to provide to You; and any additional information We provide about the Goods or Us that You consider when choosing to accept the agreement/order or when making any other decision regarding the Goods (i.e. the information provided during booking or set out in the agreement/order form as well as any other information about Us that We may provide). Any modification to any such information will only take effect with your and our agreement.
Price
On the Customer Work Agreement/Order form, in the “estimated cost of work” column, the “Price” of the Goods shall be as specified. All rates are subject to a site survey before the inspection. We reserve the right to increase the Price if the cost of the Goods to Us rises for any reason outside of Our control, including but not limited to increases in material costs, labor costs, changes in exchange rates or duties, or changes in delivery rates. In this case, we will issue a new updated quotation with the revised Price. If You accept the quotation while it is still acceptable for acceptance (see Clause 7 for validity), You will be bound by the higher Price. Fees for delivery and transportation are included in the price. Any relevant VAT and other taxes or levies imposed or assessed by any competent body are not included in the price.
Quotation And Formation of Contract
Any request for information, order, or other correspondence from You will not constitute a binding offer to buy the goods. The quotation does not signify that We have acknowledged receiving any inquiry, order, or other contact from You. You may accept Our contractual offer to sell you the goods in the following ways by accepting the quotation. You will confirm that you are a consumer when you accept the quotation. If you are not a consumer, you may not accept the quotation. There shall be a legally enforceable contract between You and Us for the purchase of the Goods on these Terms and Conditions if You accept the quotation by signing to begin the work on the Customer Work Agreement/Order Form while the quotation is still in effect. Unless we specifically withdraw the quotation before the end of that period, in which case it will no longer be valid as of the time we withdraw it, the quotation is only valid for a period of seven days from the date specified in the quotation. If You accepted the quotation while it was still in effect, we cannot retract it. Any order or inquiry can be canceled at any time before You accept the valid quotation.
Payment
Following your acceptance of the quotation, We will send you an invoice for the Price as soon as possible after the goods are delivered. You must pay the Price by the due date on Our invoice, which is also payable upon delivery of the ordered items, completion of the requested service, installation completion, or in accordance with any other credit terms that have been negotiated between Us and You. Even though delivery has not yet occurred and/or the title of the goods does not transfer to you until you have completed full payment as described in Clause 10, you are nevertheless required to make payment where We have correctly billed you. If you ask for one, we’ll just provide you with a receipt for your money. Unless otherwise agreed in writing by Us and You, all payments must be made in pounds sterling. Cash, checks, debit cards, credit cards, or BACS payments can be sent to Gill Electrical Ltd. at 5 Bayford Square, London, E1 0SG. Payment can be made to Our installation engineer before the engineer leaves Your site if an invoice has been left with you. If you have agreed to the conditions and you are an account customer, payment is due 30 days after the delivery of the items or upon completion of the installation.
Delivery
We will make arrangements for the delivery of the goods on the quoted delivery date or as soon as is practically practical after that date. Whatever the case, We shall make sure that the Goods are delivered no later than 30 days from the date of your acceptance of the quotation. Delivery will take place at the address you provided in your inquiry or another place as agreed upon in writing by both parties. Delivery may occur at any time of the day and must be accepted at any time of the day, subject to the specific requirements of any special delivery service.
Risk And Ownership
When We deliver the goods to you or when you or your designated carrier picks them up, the risk of damage to or loss of the goods passes to you. Prior to receiving complete payment of the Price from You in cash or properly cleared funds, We will retain legal and beneficial ownership of the Goods. If we don’t get full payment in accordance with clause 8, we have the right to take back any goods in which we still have legal and beneficial ownership.
Liability And Consumer
Mutual Liability Limitation. A breaching party will not be held responsible for losses resulting from the breach that is improbable, speculative, or that they could not have reasonably anticipated at the time this agreement was entered into. You may only use the goods we give you for personal and domestic reasons. We give no guarantee or representation that the items, or other goods or materials, that We give to You, are suitable for any form of professional or commercial use, including resale. We won’t be responsible to You for any loss of revenue, business interruption, or missed business opportunities.
Mutual Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen upon entry into this agreement. We provide the Goods to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide to You are fit for commercial, business, industrial, trade, craft, or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or any loss of business opportunity.
Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or subcontractors) or for fraud or fraudulent misrepresentation. Furthermore, if you are a Consumer as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You under the Consumer Rights Act 2015, the Regulations, the Consumer Protection Act 1987, or any other consumer protection legislation, as that legislation is amended from time to time.
This includes, without limitation, Your rights and remedies under all such laws for any breach of any contractual term (whether the term is contained in these Terms and Conditions or is implied by any such law) and for any failure of the Goods to meet the contract’s requirements. Please contact your local Citizens Advice Bureau or Trading Standards Office for additional information about your legal rights.
Data Protection
All personal information that We may use will be gathered, processed, and stored in compliance with the requirements of the GDPR and Your rights as outlined in EU Regulation 2016/679, or the General Data Protection Regulation (or “GDPR”). Please refer to Our Privacy Notice, which is available at www.able-group.co.uk/privacy/, for complete details regarding Our collection, processing, storage, and retention of personal data, including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable).
Communications
Every notification given under these Terms and Conditions must be in writing and signed by the party giving it (or a fully authorized authorized of that party), or on their behalf. All notices under these Terms and Conditions shall be addressed to the most recent address, email address informed. Notices shall be deemed to have been duly given: (a) when delivered, if delivered by courier or other messenger during the normal business hours of the recipient; (b) when sent if transmitted by email and a successful transmission report or return receipt is generated; or (c) on the fifth business day following mailing if mailed by national ordinary mail.
Force Majeure
When a failure or delay in executing a duty under the contract is brought on by an event without the first party’s reasonable control (“Force Majeure”), neither We nor You (“first party”) will be liable to the other. If that occurs, the failure or delay will not be in violation of the contract’s other clauses or these Terms and Conditions.
No Waiver
No delay or failure on the part of Us or You to exercise any right provided for in these Terms and Conditions constitutes a waiver of that right, and neither does Us or You waiving one breach of these Terms and Conditions constitute Us or You waiving any other subsequent breaches of the same or any other provision.
Severance
The legality of the other sections of these Terms and Conditions and the remainder of the in-issue provision will not be impacted if any provision of these Terms and Conditions is determined by any competent authority to be invalid or unenforceable in whole or in part.
Complaints
Whilst We use all reasonable endeavors to ensure that You are satisfied with the Goods and Your dealings with Us, we want to hear from You if you have any complaints about the Goods or any other complaint about Us or any of Our staff. All complaints are taken seriously, and we will deal with your inquiry as quickly as possible. In the first instance, please contact the Customer Relations Team at 08000487911 or email Info@gillelectricalltd.co.uk alternatively write to us at Gill Electrical Ltd. Group Customer Relations Team, 5 Bradford Square, London, E1 0SG. Our policy is to offer a fair complaints procedure that is simple and easy to use for anyone wishing to file a grievance, ensure that all complaints are fairly and promptly investigated, ensure that grievances are resolved and relationships are repaired whenever possible, and collect data that will help us improve what we do.
Law And Jurisdiction
The Contract, these Terms and Conditions, and any other legal or personal relationship between you and Us shall be governed by and interpreted in accordance with Milton Keynes, England law. You will profit as a consumer from any requirements imposed by the law in your country of residence. There is nothing in Subclause 18 that restricts or diminishes your ability as a consumer to rely on those provisions. The Milton Keynes, England courts will have jurisdiction over any dispute, controversy, action, or claim between you and Us involving these terms and conditions, the contract, or your relationship with Us (whether romantic or otherwise), as determined by your place of residence.
Recorded Calls
For the sake of quality assurance and training, calls may be recorded.
Guarantees
The bulk of the supplied goods come with the manufacturer’s normal guarantees. Please get in touch with us for additional details. Any services offered typically come with a 6-month labour warranty, though this could occasionally be changed and will be noted on our work report. Your rights under the 2015 Consumer Rights Act are unaffected by this.
Time Limits
Any time or date that We may have provided for the performance of any Services or for the delivery of the Goods as described in Clause 9 is simply an estimate. We will do every effort to keep any quoted time and date accurate, but we are not responsible for any loss, whether it be monetary or otherwise.
Termination And Suspension
If We have reasonable reservations about Your financial stability, We shall have the right to terminate the contract in our sole discretion and after giving You written notice of our intention to do so.