Terms & Conditions
1. Words and Phrases
In these conditions:
"Services" means the engineering and associated services relating to the Customer's Equipment as set out in the proposal specified in our quotation or other agreed documents or discussions between us.
"We", "us" and "our" mean Lemlec Ltd providing services to you.
"You" "your" "client" "customer" mean the person or company to which we are providing services.
"Customer's Equipment" means the equipment or material belonging to you, or for which you request us to provide services.
2. Incorporation of Conditions
2.1 Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not apply unless agreed in writing.
2.2 All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract.
3.1 Our estimate provides an indication to you of the items on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us.
3.2 An estimate is made on the assumption that the work requested is reasonably capable of being carried out. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable and may offer you a reconditioned or new substitute on terms to be agreed. If you give a general instruction for repairs without specifying the particular service or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put the Customer's Equipment in good working order, and to make an appropriate charge for the work and parts provided.
3.3 Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will pay the resultant price.
3.4 If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur. The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.
3.5 We will charge for all work carried out at your request, whether exploratory or otherwise and, in particular, we reserve the right to instruct our employees or agents to work overtime to comply with your delivery requirements in which case we may charge you the cost of such overtime.
3.6 The quotation(s) are based on the work being affected during normal working hours, Monday to Friday.
3.7 Variations or additional work shall be charged on time and material basis unless the subject of a separate quotation accepted by you.
3.8 The laying of cables and conduits runs is by shortest practicable routes.
3.9 Work by other Trades, statutory fees, charges by Supply Authority/Local Authority is not included.
3.10 While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
3.11 All increases in labour and/or material cost arising after the date of the quotation may be recovered from you unless the quotation expressly excludes this condition.
3.12 You may be required to make an advanced payment to secure contractual commitments between us.
3.13 You may be required to make an advanced payment for materials exceeding a predetermined amount. This will be based on previous trading history with ourselves.
4. Designs Drawings and Specifications
4.1 You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them.
4.2 You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.
5. Work on Site
5.1 If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the Customer's Equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as electricity.
5.2 You will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.
6.1 Where the Contract Period is in excess of 14 days, written applications/invoices may be submitted for the total value of work executed – less previous payments – the net amount due to be paid by the Customer within 7 days.
6.2 Staged payments will be requested by prior arrangement where planned works take longer than 14 days or are over £3000. We reserve the right to request from you stage payments in the instance where works take longer than 5 days.
6.3 Failure by you to make any payment as aforesaid shall entitle us to suspend work and/or charge interest on the amount outstanding at 8% above the Bank of England's base rate. for each full working day overdue, until the date of payment.
6.4 Unless otherwise agreed, we will issue an invoice for the full amount due on completion of the Services. Invoices will be due for payment 7 days for domestic clients & 28 days for a commercial client from the day on which we despatch the invoice to you. Except when 6.1 applies. All payments will be in pounds Sterling.
6.5 All Goods shall remain the property of Lemlec Ltd until full and final payment has been received.
6.6 We are entitled to recover all reasonable expenses incurred in obtaining payment from you where any payment due to us is late.
6.7 You are not entitled to withhold any monies due to us unless appropriate notice of not less than 7 days prior to the payment date is given. The amount to be withheld and the reasons must be clearly specified.
6.8 In the event of any non-payment Lemlec Ltd reserve the right to withhold any certificates for work carried out until such payments are made.
7.1 In the event the Client wishes to cancel an order, they must notify the Company in writing no later than 7 days before work is due to commence. In such instances, we are entitled to invoice you for any losses, including, but not limited to materials, labour, sub-contractor charges and expenses already incurred by the company. This will be at minimum 5% administration charge.
7.2 Where we are unable to gain access at the agreed booking slot. The fee will be our minimum charge of £45.00 (excluding VAT) and will be invoiced using our usual payment terms.
8.1 We will take reasonable care of the Customer's Equipment whilst it is in our custody and makes good any loss damage caused by our failure to exercise reasonable care, our liability being limited to the replacement value of the Equipment.
8.2 We also undertake to use reasonable skill and care in carrying out the work and to use materials, which are suitable quality and free from defects.
8.3 Unless otherwise agreed, we will rectify defective work and /or defective materials notified to us in writing within 12 months of the completion of the work and liability for defective work and/ or defective materials is limited to the invoice value thereof. We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.
8.4 Unless we have agreed to do so, you will accept full responsibility for re-installing, examining and testing the Equipment on which we have worked as soon as it is completed and we shall not be responsible for any damage, cost or loss incurred by you due to your failure to properly re-install or delay in testing the equipment or in notifying us of any defect in the work.
9.1 If we have agreed to transport the Equipment, in the event of loss or damage to Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of insurance. In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts.
9.2 We shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is your responsibility to examine the goods immediately on receipt.
9.3 Unless otherwise agreed, the loading or offloading of the goods on collection or return to you shall be arranged by you and performed at your sole expense and risk.
10. Termination of this Contract
10.1 We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within seven days of having been notified by us of the relevant failure. We may also bring this Contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter into any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring this Contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring this Contract to an end immediately if the partnership is dissolved. We may also terminate this Contract if any proceedings relating to your insolvency are commenced in any country.
10.2 If this Agreement ends for any reason, we will be entitled to remove all of our equipment from your premises or from the site. You will remain liable to us for any sums which you have not paid, for all work done up to the date of termination and for any other breaches of this Contract.
11. Limitation of Liability
11.1 We accept that we are liable for any death or personal injury resulting from our negligence or the negligence of our employees or agents acting in the course of their employment. In relation to defects in goods sold to you by us, we may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded.
11.2 Apart from our agreement to rectify any defects or errors in the Services as set out in paragraph 8 above and to replace or repair the Customer's Equipment where there is loss or damage to goods in transit as set out in paragraph 9 above
11.3 Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £100,000
11.4 We will not be liable to you under any circumstances for any indirect or consequential losses (including, for example, loss of Contracts or loss of profits of production).
11.5 The limitations and exclusions in this paragraph apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above.
11.6 The limitations and exclusions in these conditions reflect the value of this Contract to us and are considered to be reasonable. If you require us to accept greater liability we may be prepared to do so subject to the agreement of an additional charge to reflect the increased risk and cost of insurance to us.
11.7 We shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond our control.
11.8 The repair/replacement of any faulty work or materials shall only be carried out by us otherwise our warranties as to repair or replacement shall not apply.
11.9 We will take reasonable care but accept no liability for damage to furniture or other fixtures and fitting which have to be moved by us or our workmen in order to carry out the Contract Works. Without prejudice to this, we will maintain adequate Public Liability Insurance cover for at least 5 Million Pounds.
12. Force Majeure
We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, the action of third parties or industrial action.
Any disputes which we cannot settle amicably relating to the nature or quality of the Services will be referred to an expert to be agreed or (if we and you cannot agree on the choice of expert within 14 days of an expert being proposed by you or us) appointed at the request of you or us by the President for the time being of the Institute of Electrical Engineers. The written report of the expert will as between you and us be conclusive evidence of all matters of fact and all matters opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.
Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.
15. Assignment/Third Parties
15.1 You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion. No third party shall acquire any rights under this Contract except as specifically stated in these conditions.
15.2 We shall be entitled to sub-contract all or any part of the Works unless otherwise agreed between us.
Any notice to be given by you or us must be in writing and may be delivered by facsimile or electronic mail. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order. You and we are free to provide an alternative address for notices at any time. Facsimile notices will be assumed to have been delivered on the next working day after transmission, and notices sent by first class post will be assumed to have been delivered two working days after they are sent.
Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.
The Parties agree that in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
18. Whole Agreement
This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).
If any provision of this Agreement is ruled to be valid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.
This is Agreement is governed by English Law.
21. Installation Work
1) All electrical installation work will comply with BS7671: 2018 and any amendments in force at the time of the works.
2) All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
3) Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations. Any works found required to bring the necessary parts of the existing installation up to standard will be at additional cost.
4) Unless stated otherwise, all cables will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling will be neatly surface run, either clipping direct or housed in trunking/conduit.
5) Where carpet or flooring coverings may require lifting to allow concealed installation work, no additional charge is made for this service, with best endeavours being made to avoid damaging them and to refit them to an acceptable standard. However, consideration of employing a specialist fitter may be prudent, at your cost to effect a fully satisfactory reinstatement.
6) Where agreed beforehand at extra cost, chases to walls will be re-filled to 2mm below plaster finish depth, however, final finishing of skim coat plaster and final decoration is excluded.
7) Whilst undertaking the installation work at the property, the client is required to provide water, power & toilet facilities free of charge
1) Clearing and/or moving of furniture and other items blocking access to work areas are not included in the price and will be chargeable.
2) Except where detailed, builders work (creating of holes larger than 50mm diameter, creating support structures, etc) are not included.
3) Re-decoration and final making good is excluded from quoted costs, unless specifically detailed.
4) Removal from site and disposal of rubble, fittings, wiring, materials, general waste and packaging is not included in the price unless by prior arrangement.
22. Warranties & Guarantees
22.1 We warrant our installation work to be defect free for a period of twelve months from invoice date. Such cover does not extend to goods not supplied by us, Services, physical damage to products, or any instance where the original installation has been altered or tampered with subsequently by third parties.
We reserve the right to take photographs and video of completed works for our records and for use in our portfolio unless requested in writing prior to commencement not to.