EWF Electrical Services Ltd
Terms & Conditions of Business, Social Media Competition Terms & Conditions
Terms & Conditions of Business
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- For the purpose of these terms and conditions the following words shall have the following meanings:
- “The Company” shall mean EWF Electrical Services Ltd
- “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials
- “The Operative” or “The Engineer” shall mean the representative appointed by the Company
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Company at its absolute discretion.
3. ‘Hourly Work Rate’ – The total charge to the Customer shall consist of the cost of materials supplied by the Company and the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates. All charges will be subject to VAT at the prevailing rate from the date at which The Company becomes VAT registered, except in cases where the work carried out is zero rated.
4. ‘Fixed Price Work’ shall be given as a firm cost, (manifest errors exempted) including Labour and Materials. All charges will be subject to VAT at the prevailing rate from the date at which The Company becomes VAT registered except in cases where the work carried out is zero rated.
5. Where a written estimate or quote has been supplied to the Customer the total charge to the Customer may be revised in the following circumstances:
- If after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate
- If after submission of the estimate there is an increase in the price of materials
- If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared
- If after submission of the estimate it is discovered that there was a manifest error when the estimate or quote was prepared
6. Collection of non-stock items is chargeable but:
- Time must be kept to a minimum and reasonable
- The Customer must be informed wherever possible when the operative leaves the premises
- If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances
- The collection of materials which should be normally stocked items is non-chargeable
7. Payment is due within the number of days from the invoice date as stated on the invoice. The Company reserves the right to suspend work or orders immediately should an account become overdue. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
8. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer for circumstances out with the Company’s control or for the late or non-delivery of materials.
9. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or Partnership) and receiving a written estimate or quote where the name of the third party appears on the written estimate or quote.
10. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure made by the Company.
11. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 30 days to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
12. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:
- Subject to misuse or negligence
- Repaired, modified or tampered with by anyone other than a Company operative
- The Company will accept no liability for, or guarantee suitability of, materials supplied by the Customer and will accept no liability for any consequential damage or fault
13. The Company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company where payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed. The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/Recommendations of any other related work which requires attention. The customer shall be solely liable for any hazardous situation in respect of Warning Notice issued by the Company.
14. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
15. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
16. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such time as title of goods has passed to the Customer:
- The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company
- For the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
- The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
17. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
18. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time. These terms and conditions and all contracts awarded between the Company and Customer shall be governed and construed in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish law.
Social Media Competition Terms & Conditions
- The promoter is: EWF Electrical Services Ltd whose registered office is at 82 Great Western Road, Aberdeen, AB10 6QF.
- The competition is open to residents of the United Kingdom aged 18 years or over except employees of EWF Electrical Services Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Route to entry for the competition and details of how to enter are via https://www.facebook.com/ewfelectriciansaberdeen/
- Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
- Closing date for entry will be specified on the platform. After this date the no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and how to enter are detailed on the relevant promotional social media posting on the platform specified in 5. above.
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- The prize is as specified on the relevant promotional social media posting on the platform specified in 5. above.
- The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be chosen as specified on the relevant promotional social media posting on the platform specified in 5. above.
- The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- The promoter will notify the winner when and where the prize can be collected / is delivered.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by and deemed as acceptance of these terms and conditions.
- The competition and these terms and conditions will be governed by Scottish law and any disputes will be subject to the exclusive jurisdiction of the courts of Scotland.
- The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. Entrants are providing your information to EWF and not to any other party.
- The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on EWF’s reasonable request. The winner consents to the use by EWF and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by EWF and its related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same.