Terms & Conditions
Standard Terms & Conditions for supply of Goods and Services of Bright Spark Electrical and Renewables Ltd
1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document.
1.2 “Customer” means the organisation or person who purchases goods and services from the Supplier;
1.3 “Specification Document” means a quotation, estimate or other similar document describing the goods and services to be provided by the Supplier;
1.4 “Supplier” means Bright Spark Electrical and Renewables Ltd of 19 Norton Street, Burnham Norton, Kings Lynn, Norfolk, PE31 8DR.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
2.2 Before the commencement of the services the Supplier shall submit to the Customer a Specification Document which shall specify the goods and services to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
2.3 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
3 PRICE AND PAYMENT
3.1 VAT will be charged at the rate applying at the time of delivery.
3.2 The price for the supply of goods and services are as set out in the Specification Document. The Supplier shall invoice the Customer for reasonable out-of-pocket expenses incurred in providing those services. A charge will be levied if the Customer requires a complex or time consuming Specification Document, the Customer requires a Specification Document to be made available to other third parties or if the Supplier is called out by the Customer on public holidays, unsociable hours and/or out of normal working hours.
3.3 Invoiced amounts shall be due and payable within 10 days of receipt of invoice. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment in accordance with the Late Payment of Commercial Debts Regulations 2002 (as amended). Private individuals will be charge interest on a day-to-day rate of 5%.
3.5 Returned cheques will be subject to any bank charges that are incurred upon the supplier plus a handling charge of £20.00.
3.6 Special order goods that are in possession of the Supplier and are cancelled or are no longer required by the Customer will be subject to a cancelation charge equal to 20% of the value of the goods.
3.7 The Supplier reverses the right to change the above payment terms at any time. The Customer will be informed of any change in writing 10 days before any work commences. The Customer shall be deemed to have accepted the Specification Document and this Agreement by returning The Estimate Acceptance Slip witithin the time specified in that document.
4 SPECIFICATION OF THE GOODS AND SERVICES
All goods and services shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.
5 DELIVERY OF GOODS AND SERVICES
5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
5.2 All risk in the goods shall pass to the Customer upon delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER`S OBLIGATIONS
7.1 To enable the Supplier to perform its obligations under this Agreement the Customer shall:
7.1.1 co-operate with the Supplier;7.1.2 provide the Supplier with any information reasonably required by the Supplier;
7.1.3 obtain all necessary permissions and consents which may be required before the commencement of the services; and
7.1.4 comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties.
7.2 The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.
8 ALTERATIONS TO THE SPECIFICATION DOCUMENT
8.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8.2 The Customer may at any time request alterations to the Specification Document by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.
8.3 Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not he/she wishes the alterations to proceed.
8.4 Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.
9.1 All services carried out by The Supplier are covered by the ECA Guarantee of Work Scheme. Copies of which are available on request. The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
10 LIMITATION OF LIABILITY
In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
11.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
11.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
11.3 the other party ceases to carry on its business or substantially the whole of its business; or
11.4 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
12 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, terrorism, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
13 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written
14 NO THIRD PARTIES AND GOVERNING LAW AND JURISDICTION
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.