GBSE LTD (AND ITS VARIOUS BRANDS AND TRADING STYLES)
IMMEDIATELY” AND “www.electriciansimmediately.co.uk”)
1. THESE TERMS
1.1 What these Terms cover.
Together with any of our relevant business
policies etc. from time to time, including those as may be detailed upon our
website(s) (all of which are expressly incorporated into these terms), these terms
form part of the contract under which we will have arranged the supply of services
(and/or goods) to you by independent, self-employed professional workmen (“engineers”) selected and arranged by us
on your behalf, and on whose behalf we are acting as those engineers’ agent
(only) in forming the contract with you.
It is a fundamental term of the contract
with you that you acknowledge and accept that the engineers are the principals
under any contract which we may form with you – as those engineers’ agent.
1.2 Why you should read them.
Please read these terms carefully before
you submit your order to us. These terms
tell you who we are, how we will provide services (and/or goods) to you, how
you (and we) may change and/or end the contract between us, what to do if there
is a problem, and other important information. If you think that there is a mistake in these terms
(or that they require any changes), please contact us by email (at: )
so as to advise us of the issue you perceive.
Are you a consumer (or a business
customer)? With regard to some aspects
of the services (and/or goods) that we arrange the supply of, you will have
different rights under these terms depending on whether you are (i) a consumer (or (ii) a business).
You are a consumer if:
are an individual; and
are buying services (and/or goods) from the engineers – wholly or mainly for
your personal use (i.e. not for use in
connection with any trade, business, craft or profession that you carry on).
If you are a business customer, these
terms constitute the entire agreement between us in relation to your purchase
of the services (and/or goods). You
acknowledge that you have not relied on any statement, promise, representation,
assurance or warranty made or given by, or on behalf of us (on behalf of the
engineers) which is not set out in these terms, and that you shall have no
claim for innocent or negligent misrepresentation, or negligent misstatement
based on any statement made by us in the contract with you.
INFORMATION ABOUT US AND HOW TO CONTACT
Who we are. We are “ELECTRICIANS IMMEDIATELY” and/ or “www.electriciansimmediately.co.uk”
(plus any such other brands and trading
names as we may use from time to time), all of which are trading names of
GBSE LTD, a company limited by shares registered in England and Wales. Our company registration number is 11149216,
and our registered office is at 4th Floor, 18 St. Cross Street, London, EC1N
8UN. Our registered VAT number is as
detailed upon all of our invoices.
2.2 How to contact us. You can contact us via the details (from time
to time) available upon the web-page: http://electriciansimmediately.co.uk – such details including, contact
by email sent to: email@example.com or contact by telephone – via
our number +44 (0) 20 457 71823.
2.3 How we may contact you.
If we have to contact you, we will principally
seek to do so by telephone and/ or by writing to you at the email address – which
you provided to us in your order. We may
contact you at your postal address should our primary means of contact need to
“Writing” includes emails. When we use the words “writing” (or “written”)
in these terms, this phrase includes emails (where such emails can be clearly
evidenced as having been received by the relevant recipient).
3. THE CONTRACT WITH YOU
3.1 How we will accept your work
order. Our acceptance of your order
will take place when we email (or otherwise communicate with) you to accept it,
at which point a contract will come into existence between you and the relevant
engineers (via us – acting as agent on their behalf).
3.2 If we are unable to accept
your work order. We will aim to inform
you of this promptly, and will not charge you for any relevant services (and/or
goods) ordered. This situation might arise
(for example) because any services (and/or goods) ordered are not currently able
to be provided (or available), (say) because of unexpected limits on the engineers
(or our) resources (and/or because goods cannot be sourced / are out of stock) and
which situation we could not reasonably plan for; because any credit reference
we have obtained for you does not meet our minimum requirements; because we
have identified an error in the price or description of the relevant services
(and/or goods); or because we are unable to perform the services (and/or deliver
the goods) within a reasonable timescale for any other reason.
3.3 Your work order number /
reference. We will seek to assign a work
order number / invoice reference to your work order, and aim to advise you what
it is (in as early a course as possible).
It will likely help us, if you can tell
us any such work order number / invoice reference (whenever you might contact
us about your work order).
3.4 We primarily sell to the UK.
Our website(s) are intended solely for
the promotion of the supply of services (and/or goods) in the UK. Accordingly, we reserve our discretion not to
accept orders from and/or arrange to provide services (and/or goods) in
relation to addresses outside the UK.
4. SERVICES (AND/OR GOODS)
4.1 Any images of services
(and/or goods) on our website(s) are for illustrative purposes only. Although we have made every effort to display
their appearance accurately, we cannot guarantee that an electronic device’s
display of their appearance accurately reflects the appearance of any services
(and/or goods) that we supply. The services
(and/or goods) you receive may vary slightly in appearance from those images.
Making sure your requirements are
accurate. If we are arrange the provision
of any services (and/or the producing of any goods) to your specific requirements
(i.e. which you have provided to us /
informed us about), you are responsible for ensuring that such requirements
are correct and appropriate.
YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to
make a change to any services (and/or goods) you have ordered please contact us.
We will aim to promptly let you know if
the change is possible. If it is
possible, we will let you know about any changes to the price of the services
(and/or goods), the timing of supply, or anything else which would be appropriate
for you to know as a result of your requested change, and we will aim to
promptly ask you to confirm whether (or not) you wish to go ahead with the requested
OUR RIGHTS TO MAKE CHANGES
These changes should not affect your use
of the item or property subject to the services (and/or any goods supplied).
6.2 More significant changes to
the services (and/or goods) and/or the provisions of these terms. In addition, the engineers (or we) may need to
make more significant changes to the services (and/or goods) to be supplied (based
upon specific circumstances arising in your particular case) and/or to the
provisions of these terms, but if they (or we) do so, they (or we) will aim to
promptly notify you, and you may then contact us to end the contract before the
significant changes are to take effect.
You will be liable for all services
(and/or goods) received up to the point that such changes are notified to you.
7. PROVIDING THE SERVICES (AND/OR GOODS)
7.1 Costs. The costs of provision of our services (and/or
the delivery of any goods) will be sought to be specifically brought to
your attention in the early course of dealing with the engineers (or us) and/or
will be specifically set out in on our confirmation email – sent as part of the
contract formation process.
If we are arranging the provision
of one-off services (only). We will arrange
for the services to commence upon the date and time agreed with you during the
order process. The estimated completion
date and time for the services is as you will have been informed during the
order process and as updated by the engineer (and/or us).
(b) If any provision of
services (and/or supply of goods) is ongoing. We will arrange the supply of the services
(and/or goods) to you until either (i) all of the services are completed (and/or
any goods are supplied); or (ii) you end the contract (as described in paragraph 8); or (iii) we end the contract by
written notice to you (as described in paragraph
(c) If we are arranging the supply of goods
(only). If any such goods cannot be
immediately provided by the engineers, the engineers (or we) will aim to contact
you with an estimated delivery date, or to agree a delivery date, which the
engineers (or we) will aim to be within a reasonable period after the day on
which we accept your work order.
7.3 We are not responsible for commencement
delays outside the engineers (or our) control. If the commencement of our arranged supply of services
(and/or any goods) is delayed by an event outside the engineers (or our)
control, then the engineers (or we) will aim to discuss matters (and/or communicate
with you) as soon as possible so as to let you know, and we will aim to take
steps to minimise the effect of the delay. Provided the engineers (and/or we) do this, neither
the engineers (nor we) will be liable for delays caused by the relevant event,
but if there is a risk of substantial delay, you may contact us to end the contract,
and you will be liable to pay for any services (and/or goods) that you have not
7.4 Collection (of any goods) by
you. If you have asked to collect
any goods etc. from the engineers and/or any relevant premises, you may collect
them at any time during relevant working hours on working days of the week
(excluding public holidays).
7.5 If you are not at home when
the services (and/or goods) are sought to be supplied and/or delivered. If no one is available at your address to allow
access for services to be provided (and/or to take delivery of any goods), and access
cannot be otherwise gained to provide services (and/or any goods cannot be
posted through your letterbox / left in an adjoining secure place), we will aim
to ensure that you are left a note informing you of how to re-arrange attendance
(and/or delivery, or how to collect any goods from the engineers and/or any relevant
7.6 If you do not re-arrange
delivery (of any goods). If you do not
collect any goods (as arranged) or if, after a failed delivery to you, you do
not re-arrange delivery, or collect them from the engineers and/or any relevant
premises – we will contact you for further instructions, and we may charge you
for relevant storage costs and any further delivery costs. If, despite our reasonable efforts, we are
unable to contact you or re-arrange delivery or collection, we may end the
contract (and paragraph 10.2 will then apply).
If you do not allow the engineers access
to provide services. If you do not
allow the engineers any required access to perform the services (as arranged), and you do not have a good
reason for this, we may charge you such additional costs as are incurred by the
engineers as a result. If, despite our
reasonable efforts, we are unable to contact you, or re-arrange access to your
property, we may end the contract (and paragraph
10.2 will then apply).
7.8 When you become responsible
for any goods. Any goods (that have
been supplied as part of the contract and which we arrange the supply of to you)
will be your responsibility, from the time we arrange the delivery of such
goods to the address you gave us (or you, or a carrier organised by you,
collect it from the engineers and/or any relevant premises).
What will happen if you
do not give required information to us (or the engineers). We (or the engineers) may need certain
information from you, so that we can arrange the supply of services (and/or
goods) to you. If so, we will aim to state
this position in the description of the services (and/or goods) in our email or
other communications with you (and/or on our website(s)). We may contact you to ask for this information
if it is not available to us. If you do
not give the engineers (or us) this information (within a reasonable time of the
engineers (or us) asking for it), or if you give us incomplete or incorrect
information, we (or the engineers) may either end the contract (and paragraph 10.2 will then apply), or
make an additional charge of a reasonable sum to compensate the engineers (or us)
for any extra work that is required as a result. We will not be responsible for any late supply
of services (and/or goods), or not arranging the supplying of any part of them,
if this is caused by you not giving us the information that the engineers (or we)
need (within a reasonable time of the engineers (or us) asking for it).
Your rights if the
engineers (or we) suspend the supply of services (and/or goods). We will aim to contact you in advance to tell
you that the engineers (or we) will be suspending the supply of services
(and/or goods), unless the problem is urgent (or an emergency). If the engineers (or we) have to suspend the
supply of services (and/or goods) (for longer than an immaterial period of
time) the engineers (or we) will likely need to adjust the price, so that you
do not pay for services (and/or goods) while they are suspended. You may contact us to end the contract if the
engineers (or we) suspend it, or the engineers (or we) tell you we are going to
suspend it, in each case for any period time (which is more than immaterial),
and we will then arrange the refunding of any sums that you have paid in
advance for services (and/or goods) in respect of such period after you end the
The engineers (or we) may
also suspend supply of services (and/or goods) if you do not pay. If you do not pay us for the supply of services
(and/or goods) when you are supposed to (see
paragraph 14.4), and you still do not make payment within a reasonable
period of (the engineers or) us reminding you that payment is due, we may
suspend supply of services (and/or goods) until you have paid us the
outstanding amounts. We will aim to promptly
contact you to tell you that we are suspending supply of services (and/or
goods) in such circumstances. We will
not suspend the supply of services (and/or goods) where you genuinely dispute any
relevant unpaid charges / invoice (see paragraph
14.7). We will not charge you for services
(and/or goods) during the period for which they are suspended. As well as suspending the supply of services
(and/or goods), we can also charge you interest on your overdue payments (see paragraph 14.6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your
contract with us. Your rights when
you end the contract will depend on what you have ordered / bought, whether
there is anything wrong with it, how (we or) our engineers are performing, when
you decide to end the contract, and whether you are a consumer or business
(a) If what you have bought is
faulty or misdescribed – you may
have a legal right to end the contract (or to get any service re-performed,
or any goods repaired or replaced, or to get some or all of your money back) – see paragraph 12, if you are a consumer,
and see paragraph 13, if you are a
(c) If you are a consumer, and have
just changed your mind about the services (and/or goods) – See paragraph 8.3. You may be able to get a refund if you are
within the cooling-off period, but this may be subject to appropriate deductions
(and you will have to pay the costs of return of any goods supplied);
8.2 Ending the contract because
of something we (or the engineers) have done or are going to do. If you are ending a contract for a reason set
out in sub-paragraphs (a) to (e) below, the contract will end immediately, and
we will refund you in full for any services (and/or goods) which have not been
provided (and you may also be entitled to compensation). The reasons are:
(d) we (or the engineers) have suspended supply of the services
(and/or goods) for technical reasons, or we (or the engineers) notify you we
are going to suspend it for technical reasons, in each case for any period which
is more than immaterial;
8.3 Exercising your right to
change your mind – if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer, then for most services
(and/or goods) bought online, you have a legal right to change your mind within
fourteen (≤14) days, and receive a refund. These rights, under the Consumer Contracts
Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee(s)
for consumers. Please note, our
trading practices may incorporate and reflect such ‘goodwill guarantee(s)’ as
may be voluntarily offered by us (or the engineers) to our (or their) U.K.
customers (from time to time), which may well be more generous than your legal
rights under the Consumer Contracts Regulations. Any ‘goodwill guarantee(s)’ do NOT affect your
legal rights in relation to faulty or misdescribed services (and/or any goods) (see paragraph 12.1).
(a) any services (and/or any goods) in
relation to which it has been legitimately expressly specified that the
cancellation rights do not apply, or which for other reasons – it is reasonably
inappropriate for cancellation rights to apply.
In this regard it is expressly brought to your attention that we (and/or
the engineers) predominantly provide an emergency/immediate supply of services
where our quotation, your acceptance, and the services are intended to be
completed upon first visit in a timely manner, unless – after the initial visit
particular materials/parts/labour are required which will result in additional
visit(s). By accepting the confirmation email you acknowledge and understand
that the contract forms part of a situation where your right for a ‘cooling off’
fourteen (14) day cancellation period is unsuitable and is consequently waived
(a) Have you bought any
services? If so, you have fourteen (14)
days after the day we email you to confirm that we accept your order. However, once the services have been completed,
you cannot change your mind, even if the period is still running. If you cancel after the commencement of the
provision of the services, you must pay us for the services provided up until
the time you tell us that you have changed your mind. You do (however) have the right to not proceed with the commencement
any additional works identified in the initial visit that were not part of your
(b) Have you bought any goods?
If so, you have fourteen (14) days after
the day you (or someone you nominate) receives such goods, unless and until such
goods may be incorporated into such services as may be supplied to you, and if:
8.7 Ending the contract where we (or the engineers) are not at fault and
there is no right to change your mind. Even if we (or the engineers) are not at fault,
and you are not a consumer who has a right to change their mind (see paragraph 8.1), you can still end
the contract with made with us (on behalf of the engineers) before it is
completed, but you may have to pay us compensation. A contract for the supply of services is
completed when the services have finished being provided (and you have paid for
them). A contract for the supply of any
goods is completed when the product is delivered (and you have paid for
them). If you want to end a contract
before it is completed (where we are not at fault, and you are not a consumer
who has changed their mind), please contact us to let us know. The contract will end immediately and we will
refund any sums paid by you for services (and/or goods) which have not been provided,
but we may deduct from that refund (or, if you have not made an advance
payment, charge you) reasonable compensation for the net costs we will incur as
a result of your ending the contract.
TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR
(a) Email: Contact us via: firstname.lastname@example.org .
Please provide your name, home address,
details of the work order and, where available, your phone number and email
9.2 Returning any goods after
ending the contract. If you end the
contract for any reason after any goods have been dispatched to you, you must
return them. You must either return the relevant
goods in person to where they were bought from, post them back to (us or) our engineer) at (our
or) their principal place of business address (as notified to you), or (if they
are not suitable for posting) allow (us or) our engineer to collect them from
you. Please contact us via email at: email@example.com
or via the contact form available at: http://electriciansimmediately.co.uk/contact/
– for a return label or to arrange collection. If you are a consumer exercising your right to
change your mind, you must return the goods to us (or our engineer) within fourteen
(≤14) days of telling us you wish to end the contract.
(b) if you are ending the contract because we have told you of an
upcoming change to any goods, or any other provision of the contract with you
(including these terms), an error in pricing or description, a delay in delivery
due to events outside of (our or) the engineers’ control, or because you have a
legal right to do so (as a result of something the engineers (or we) have done
all other circumstances (including, where you are a consumer exercising their
right to change your mind) you must pay the costs of return to (us or) the
9.4 What (we or) the engineers
may charge for collection. If you
are responsible for the costs of return, and (we or) the engineers are
collecting relevant goods from you, we (on behalf of the engineers) will be
entitled to charge you the direct cost to (us or) the engineers of such
9.5 How we will refund you.
If you are entitled to a refund under
these terms, (we or) the engineers will arrange to refund you the price you
paid for the services (and/or any goods) (including delivery costs), by the
method you used for payment. However, (we
or) the engineers may make deductions from the price, as described below.
(a) Where we have arranged the provision of any services to you, (we or) the engineer may deduct from any refund an
amount for the supply of the service for the period for which it was supplied,
ending with the time when you told us you had changed your mind. The amount will be in proportion to what has
been supplied, in comparison with the full coverage of the contract formed
between you and the engineers
(b) (We or) the engineers may reduce
your refund of the price (excluding delivery costs), to reflect any reduction
in the value of any relevant goods,
if this has been caused by your handling them in a way which would not be
permitted in a shop. If we refund you
the price paid before we are able to inspect relevant goods, and later discover
you have cared for / handled them in an unacceptable way, you must pay us an
(a) If the contract relates to the supply of goods, and (we or) the engineers have not offered to collect them,
your refund will be made within fourteen (≤14) days from the day on which (we or)
the engineers receives the goods back from you; or, if earlier, the day on
which you provide us with evidence that you have sent the product back to (us
or) the engineers. For information about
how to return goods to us, see paragraph 9.2.
OUR RIGHTS TO END THE CONTRACT
do not, within a reasonable time, allow access to your premises so as to allow
the supply of he services ; or
do not, within a reasonable time, allow delivery of the services (and/or goods)
to you or collect them from (us or) the engineers.
You must compensate us
if you break the contract. If (we
or) the engineers end the contract in the situations set out in paragraph 10.1,
(we or) the engineers will refund any money you have paid in advance for services
(and/or goods) that have not been provided to you, but (we or) the engineers
may deduct or charge you reasonable compensation for the net costs (we or) the
engineers have or will incur as a result of your breaking the contract.
We may withdraw the services (and/or any
goods). We may write to you to let
you know that we are going to stop providing services (and/or any goods). We will aim to let you know (at least) a
reasonable period in advance of our stopping the supply of services (and/or any
goods), and we will refund any sums you have paid in advance for services
(and/or any goods) which will not be provided.
IF THERE IS A PROBLEM WITH THE SERVICES
(AND/OR ANY GOODS)
How to tell us about
problems. If you have any questions
or complaints about the services (and/or any goods), please contact us as soon
as reasonably possible, as we wish to ensure that you are fully satisfied. You can telephone us upon the number shown
upon our website(s) or email us at: firstname.lastname@example.org.
responsibility to you (as a customer) is merely to ensure that the engineers we
connect you with are fully qualified and insured (and we seek to ensure this by
retaining relevant documentation and certification to validate competency and
are not responsible for the any onsite communications, work undertaken, nor pricing.
We only administrate the confirmation email and invoice (and in certain cases –
accepting payments depending on the arrangements between with the relevant engineers).
you wish to pursue compensation of any kind regarding the job carried out (i.e.
damages not authorised or related to the job or gross misconduct) you must
contact the engineers we connected you with who have ultimate responsibility /
liability for work undertaken.
you have a legitimate reason to complain about a problem with services (and/or
any goods), we as the agents of the relevant engineers can help to establish
communications between you (as the customer) and the engineers we have
connected you with, at which point the engineers will be your point of contact
regarding all aspects of the work undertaken.
12.1 If you are a consumer, we are under
a legal duty to arrange the supply of services (and/or any goods) that are in
conformity with the contract with you. See
the text below for a summary of your
key legal rights in relation to services (and/or any goods). Nothing in these terms will affect your legal
Summary of your
key legal rights. This is a summary of your key legal rights. These are subject to certain exceptions. For
detailed information, please visit the Citizens Advice website: www.adviceguide.org.uk
or call +44 (0) 3454 04 05 06.
If your contract relates to the supply
of services, for example: emergency
or other repair or support contracts in relation to electric equipment, the Consumer
Rights Act 2015 says:
If your contract relates to the supply
of any goods, for example – physical
/ tangible products supplied as part of the services supplied, the Consumer
Rights Act 2015 says goods must be as described, fit for purpose and of
satisfactory quality. During the
expected lifespan of your goods, your legal rights entitle you to the
up to thirty (30) days: if
your goods are faulty, then you can get an immediate refund.
up to six (6) months: if your
goods can’t be repaired or replaced, then you’re entitled to a full refund, in
up to six (6) years: if your
goods do not last a reasonable length of time, you may be entitled to some
See also paragraph 8.2 (‘Ending the
contract because of something we have done or are going to do’).
See also paragraph 8.3 (‘Exercising your
right to change your mind (Consumer Contracts Regulations 2013)’).
Your obligation to
return rejected goods. If you wish
to exercise your legal rights to reject any goods (where appropriate), you must
return them in person to where you bought them (if relevant), or post them back to (us or) the engineers, or (if
they are not suitable for posting – or as otherwise relevant) allow (us or) the
engineers to collect them from you. (We or)
the engineers will pay the costs of postage or collection. Please email us at: email@example.com
for a return label or to arrange collection.
If you are a business customer, the engineers will warrant that upon supply,
and for a period of twelve (12) months from the date of supply (“warranty period”), the services (and/or
any goods) supplied shall:
Subject to paragraph 13.3,
or) the engineers shall, at (our or) their option, arrange to repair or replace
the defective services (and/or any goods), or to refund the price of the
defective services (and/or any goods) (in full).
the defect arises because you failed to follow our oral or written instructions
as to the storage, installation, commissioning, use or maintenance of the services
(and/or any goods); or (if there are none) good trade practice;
Except as provided in this paragraph 13,
(neither we, nor) the engineers shall have any liability to you in respect of services
(and/or any goods) failure to comply with the warranty set out in paragraph 13.1.
14. PRICE AND PAYMENT
14.1 Where to find the price for
the services (and/or any goods). The
price of the services (and/or any goods) (including all
relevant taxes and fees) will generally be the price indicated on the confirmation
email that we send to you for your acceptance
prior to work being undertaken. We
take all reasonable care to ensure that the price of the services (and/or any goods)
advised to you is correct. However, please see paragraph 14.3 for what
happens if we discover an error in the price of any services (and/or any goods)
We will pass on changes
in the rate of any relevant taxes and fees. If the rate of any relevant taxes and fees
changes between your order date and the date of supply of the services (and/or any
goods), we will adjust the rate of the relevant taxes and fees that you pay,
unless you have already paid for the services (and/or any goods) in full (before
the change in the rate of taxes and fees takes effect).
What happens if we got
the price wrong. It is always
possible that, despite our best efforts, some of the services (and/or any goods)
that are offered for sale may be incorrectly priced. We will normally check prices before accepting
your order so that, where the services (and/or any goods) correct price at the order
date is less than our stated price at the order date, we will charge the lower
amount. If the services (and/or any goods)
correct price at the order date is higher than the price stated to you, we will
contact you for your instructions before we accept your order. If we accept and process your order where a
pricing error is obvious and unmistakeable (and could reasonably have been
recognised by you as a mispricing), we (or the engineers) may end the contract,
refund you any sums that you have paid, and require the return of any goods supplied
14.4 When you must pay and how
you must pay. We accept payment with bank transfer
and most credit and debit cards. When
you must pay depends on what services (and/or goods) you are buying:
(a) For services:
All emergency jobs / urgent attendance
Payment is to be made immediately upon receiving our invoice. We will aim to ensure that the total amount payable will correlate as closely as possible with the amounts specified in the confirmation email that we send to you for the purposes of acceptance by yourself 9and thus contract formation).
Any non-emergency jobs (e.g. installation)
We may ask you to make an advance payment of a specified proportion of the price of the services, before the commencement of the provision of them. We will invoice you for the balance of the price of the services when the services have been completed, or we will invoice you periodically for the services until the point when the services are completed. You must pay each invoice promptly after the date of the invoice.
For any goods: You may be asked to pay for any goods before they
are dispatched to you. We will not
charge your credit or debit card until such goods are dispatched to you.
Our right of set-off if you are a
business customer. If you are a
business customer, you must pay all amounts due to us under these terms in full
without any set-off, counterclaim, deduction or withholding (other than any
deduction or withholding of tax as is required by law).
We can charge interest
if you pay late. If you do not make
any payment to us by the due date, we may charge interest to you on the overdue
amount at the rate and in a manner akin to that specified in the Late Payment
of Commercial Debts (Interest) Act 1998 from time to time (and notwithstanding
that such legislation may not otherwise apply to such debts). This interest shall accrue on a daily basis
from the due date (until the date of actual payment of the overdue amount),
whether before or after judgement. You
must pay us interest together with any overdue amount.
What to do if you think
an invoice is wrong. If you think an
invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until
the dispute is appropriately resolved. Once
the dispute is appropriately resolved, we will charge you interest on correctly
invoiced sums from the original due date.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
SUFFERED BY YOU (IF YOU ARE A CONSUMER) – N.B. IMPORTANT – BROUGHT SPECIFICALLY
TO YOUR ATTENTION
(We or) the engineers
are responsible to you for foreseeable loss and damage caused by (us or ) the
engineers. If (we or) the engineers
fail to comply with the contract (including these terms), (we or) the engineers
are only responsible for loss or damage that you may suffer to the extent that it
is a foreseeable result of (us or) the engineers breaking the contract, or (us
or) the engineers failing to use reasonable skill and care, but (neither we,
nor) the engineers are responsible for any loss or damage that is not
foreseeable. Loss or damage is
foreseeable if either (i) it is obvious that it will happen; or (ii) if, at the
time the contract was made, both (we or) the engineers and you knew it might
happen; for example, if you discussed it with (us or) the engineers during the contract
(We or) the engineers do
not exclude or limit in any way (our or) their liability to you where it would
be unlawful to do so. This includes
liability for death or personal injury caused by (our or) their negligence, or
the negligence of (our or) their employees, agents or subcontractors; for fraud
or fraudulent misrepresentation; or for breach of your legal rights in relation
to the services (and/or any goods) supplied (as summarised at paragraph 12.1).
15.3 When (we or) the engineers are
liable for damage to your property. To the extent that (we or) the
engineers are providing any services in your property, (we or) then engineers
will make good any damage to your property caused by (us or) the engineers
while doing so – as long as the damages are not in
relation to any of the work being undertaken, or required in making reasonably
necessary access in order to undertake the relevant services. Additionally, (neither
we, nor) the engineers are responsible for any cost of repairing any
pre-existing faults, or damage to your property that (we or) the engineers
discover while providing the services 9and/or any goods).
are not liable for business losses. If you are a consumer, (we and/or) the
engineers only supply the services (and/or any goods) to you for domestic and
private use. If you use the services
(and/or any goods) for any commercial, business, or re-sale purpose, our
liability to you will be limited (as is set
out in paragraph 16).
Fair share of liability. Any liability which (we and/or) the engineers
may have to you will be limited to that share of the total losses (after taking
into account any contributory negligence by you and others) which is considered
to be fair and reasonable as against (our and/or) the engineers degree of
responsibility for the losses in question.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
SUFFERED BY YOU (IF YOU ARE A BUSINESS CUSTOMER) –
N.B. IMPORTANT – BROUGHT TO YOUR ATTENTION
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (https://www.legislation.gov.uk/ukpga/1979/54),
or section 2 of the Supply of Goods and Services Act 1982(https://www.legislation.gov.uk/ukpga/1982/29);
Except to the extent expressly stated in paragraph 13.1,
all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (https://www.legislation.gov.uk/ukpga/1979/54),
and sections 3 to 5 of the Supply of Goods and Services Act 1982 (https://www.legislation.gov.uk/ukpga/1982/29),
(neither we, not) the engineers shall be liable to you, whether in contract,
tort (including negligence), breach of statutory duty, or otherwise, for any
loss of profit, or any indirect or consequential loss arising under or in
connection with any contract between you and us (acting as agent for the
(our, and) the engineers’ total liability to you for all other losses arising
under or in connection with any contract formed, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall be
limited to the total sums paid and payable by you (to us) for services (and/or
goods) supplied under all relevant contracts formed in the period of twelve
(12) months ending with the date of the relevant contract.
will only use your personal information pursuant to the provisions set out in
from time to time (as may be detailed upon our website(s) from time to time).
may monitor, record, store and use any telephone, email or other communication
with you in order to check any instructions given to us, for training purposes,
for crime prevention and to improve the quality of our customer service
(amongst other legitimate business uses).
OTHER IMPORTANT TERMS
(We or) the engineers may
transfer the contracts with you to someone else. (We or) the engineers may transfer any rights
and obligations under relevant contracts with you (including these terms) to
You need (our and/or)
the relevant engineers consent to transfer your rights to someone else (except
that you can always transfer (our and/or) the engineers’ guarantee). You may only transfer your rights (or your
obligations) under your contracts with us acting as agents for the engineers
(including these terms) to another person, if we agree to this in writing. We may not agree (at our absolute discretion).
However, if you are a consumer you may
transfer our guarantee (at paragraph 8.4)
to a person who has acquired any item or property in respect of which services
have been provided (or any goods supplied as part of those services). We may require the person to whom the
guarantee is transferred to provide reasonable evidence that they are now the
owner of the relevant item or property (or goods).
Nobody else has any
rights under relevant contracts (except someone you pass your guarantee on to).
Any contract is between you and us as
agent of the relevant engineers. No
other person shall have any rights to enforce any of its terms, except as
explained in paragraph 18.2
in respect of (our or) the engineers’ guarantee. Neither of us will need to get
the agreement of any other person in order to end our contract or make any
changes to these terms.
If a court finds part
of any relevant contracts illegal, the rest will continue in force. Each of the paragraphs of these terms operates
separately. If any court or relevant
authority decides that any of them or any other part of our contracts are
unlawful, the remaining paragraphs will remain in full force and effect.
Even if (we and/or) the
engineers delay in enforcing relevant contracts, (we and/or) the engineers can
still enforce it later. If (we and/or)
the engineers do not insist immediately that you do anything you are required
to do under these terms or any other part of our contracts, or if (we and/or)
the engineers delay in taking steps against you in respect of your breaking relevant
contracts, that will not mean that you do not have to do those things, and it
will not prevent (us and/or) the engineers taking steps against you at a later
date. For example, if you miss a payment
and (we and/or) the engineers do not discuss this with you, but we continue to
provide services (and/or any goods)), (we and/or) the engineers can still
require you to make the payment at a later date.
18.6 Which laws apply to
our contracts, and where you may bring legal proceedings (if you are a consumer).
These terms are governed by English law
and you can bring legal proceedings in respect of the services (and / or any goods)
supplied in the English courts. If you
live in Scotland, you can bring legal proceedings in respect of the services
(and/or any goods) supplied in either the Scottish or the English courts. If you live in Northern Ireland, you can bring
legal proceedings in respect of the goods (and /or any services) supplied in either
the Northern Irish or the English courts.
18.7 Which laws apply to our contracts, and where you may bring legal
(if you are a business customer). If you are a business customer, any dispute or
claim arising out of or in connection with any contract between us, or its
subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and
Wales, and the courts of England and Wales shall have exclusive jurisdiction to
settle any such dispute or claim.
©GBSE LTD (T/a “Electricians
Immediately” and’ www.electriciansimmediately.co.uk’) – April 2021
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