1.1) We or us means A2B Electrical Limited and includes its servants, agents and sub- contractors;
1.2) You means any person who requests the supply of goods or services described in the Contract;
1.3) Contract means these terms of trade and the accompanying quotation, acceptance form or invoice.
1.4) Goods means the goods we agree to supply to you.
1.5) Services means the services we agree to perform for you.
1.6) Premises means the place where the Goods are to be situated or the services performed;
2) PRICES AND PAYMENT
2.1) Unless otherwise stated Goods and Service Tax is not included in our prices and will be added to any stated price.
2.2) Payment in full must be made within 7 days following the date of invoice. The customer may not set off any payments owing to the Company against any payments owed by the Company to the customer or any claims that the customer may have against the Company.
2.3) In accepting any payment from the customer, the Company will not be bound by any condition or qualifications of terms that the customer attaches to such payments. Any payments expressed to be in full and final settlement will only be accepted by the Company as such if the Company communicates its specific acceptance in writing to the customer of those terms, otherwise any payment will only be accepted as part payment of the total debt owing to the Company.
2.4) Without prejudice to any other rights of action the Company may have for late payment by the customer, the Company may charge interest on a daily basis to the customer at a rate of 2.5% per month on overdue amounts, until the overdue amounts are paid. Interest will accrue after, as well as before, any judgement that the Company may obtain against the customer. The customer will also be liable to pay all of the Company’s expenses (including collection and solicitors costs) incurred in attempting to obtain or obtaining a remedy for the customer’s failure to comply with these terms of trade.
2.5) The Company is not required to verify or check that any person using the customer’s account with the Company has the customer’s authority to do so. The customer may not refuse to pay charges to the customer’s account on the basis that the person using the account did not have the requisite authority.
2.6) The Company will cease work on any site or job immediately on any payment from the customer becoming overdue. The company will not be responsible or liable for any delay whatsoever this may cause.
3.1) Title, or ownership, of any goods supplied and/or installed by the Company remains with the Company until payment in full has been received by the Company, however risk and responsibility for the goods (including insurance responsibility) passes to the Customer immediately on receipt / installation of the goods.
3.2) Should payment for any goods supplied and/or installed by the Company become overdue the customer hereby authorises the Company, without prejudice to any other rights of action the Company might have, to enter any premises where the goods are thought to be held, whether locked or unlocked to re-possess the goods. In the case of installed goods such as, but not limited to, alarm systems, the Company will remove the individual components making up the installed system. The Company will not be responsible for any damage caused in both entering the premises where the goods are thought to be held or in the removal of any installed goods, however the Company will attempt to keep any such damage to a minimum.
4) CONSUMER LEGISLATION
4.1) Where the provisions of the Consumer Guarantees ACT 1993 apply, these terms will be read subject to the application of the Act, and in the case of any conflict, the provisions of that Act will apply. Where the customer is a business (as “business” is defined by the Consumers Guarantees Act 1993), it agrees that it is acquiring all equipment and services from the Company for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply.
5) WARRANTY AND EXCLUSION OF LIABILITY
5.1) Where goods, which are covered by warranty, become faulty, the Company shall, wherever possible, repair or replace such goods within one working week of written notification and during normal business hours.
5.2) Warranties offered on all other goods or services, unless otherwise stated, are for a maximum duration of 12 months.
5.3) Warranties offered by the Company do not cover acts of God, and other circumstances beyond the reasonable control of the Company including (without limitation) any act (whether criminal or otherwise) by any third party.
5.4) Any warranty offered by the Company shall become null & void if payment for those goods or services, or future additions or service to them, becomes overdue. Notification of the cessation of warranty is not required to be given by the Company.
5.5) The Company will not be liable to the customer for any damage, loss or injury caused due to the misuse, malfunction, failure, inadequate coverage, poor installation techniques or poor system design of the goods supplied.
5.6) Any equipment that is covered under warranty by the Company may only be serviced altered or adjusted by the Company. If equipment supplied by the Company is in anyway tampered with, adjusted or serviced (other than in their normal day to day use) by any other person or company then any warranty offered will immediately become null and void.
5.7) In no circumstances will the Company be liable to the customer, or any other person, whether in contract tort or otherwise, for any loss or damage or injury arising directly or indirectly from services or materials supplied by the Company to the customer. In any case where the Company is found to be liable to the customer for any reason whatsoever, the extent of the Company’s liability will not exceed the original sale price. The customer is not entitled to make any claim against the Company for loss of profit, consequential damage or loss arising out of a breach of any term or implied term of this agreement or under any law or guarantee or warranty given by the Company except to the extent specifically permitted by statute. Any claims must be made to the Company in writing by letter or fax within 10 days of the event arising giving cause to the claim otherwise the customer has no claim of whatever nature against the Company.
6.1) The Company is authorised to obtain credit information about the customer, it’s principles and directors (if any) from credit reference agencies and is also authorised to disclose credit information (including payment defaults) to credit reference and collection agencies or other persons seeking credit references. The credit information is collected to assist the Company to ascertain the customer’s credit status. Failure to provide the requested information may result in credit being refused. Under the privacy Act 1993 individuals have right of access to and correction of personal information. This authority is given by the customer and all the principles and directors of the customer (if any).
7) ACCEPTANCE AND DURATION
7.1) By engaging the services of the Company, with either verbal or written consent, it must be assumed that the customer has read and accepts these terms of trade.
7.2) These terms of trade shall remain in place between the Company and the customer for as long as the customer is in usable possession of the goods or services.