Electrical Safety Group plc T & C

Electrical Safety Group plc

10 Years of Free Call Outs*

Terms & Conditions

1.         DEFINITIONS:
1.1       Completion Date the date on which ESG reasonably deems the provision of the Services completed
1.2       Conditions these standard terms including any special terms agreed in writing between the Customer and ESG
1.3       Contract the contract for the provision of the Services
1.4       Customer the person detailed overleaf whose request for the Services is accepted by ESG
1.5       Deposit any deposit taken for provision of the Services and forming part of the Price as set out in writing
1.6       Further Work the arrangement for the carrying out of additional or different Services to those set out in the Order Form to be carried out as part of the Services including but not limited to the examples further detailed at sub-clauses 4.8(b) to (c) inclusive below and as agreed between ESG and the Customer by signing a fresh Order Form
1.7       Goods any goods and/or materials used in the provision of the Services
1.8       Order Form the order form overleaf signature of which by ESG and the Customer forms the Contract
1.9       Price(s) the total price (incorporating any/all discounts offered) for provision of the Services calculated in accordance with the rates/charges set out in writing (or when no charge has been quoted a reasonable charge) excluding VAT or other applicable duty or tax payable in addition
1.10     ESG Electrical Safety Group PLC (Registered Office: Energy House, Rackheath Industrial Estate, Norwich, Norfolk, NR13 6LH; Company No.: 03801775) the provider of the Services including its employees sub-contractors or agents
1.11     Service(s) the provision of services (together with any related Goods) specified in writing to the Customer which ESG is to carry out under these Conditions

2.         CONDITIONS APPLICABLE:
2.1       The Conditions shall apply to the Contract to the exclusion of all other terms and conditions
2.2       No variation to these Conditions shall be binding unless agreed in writing between the authorised representative of ESG and the Customer
2.3       Any representations made by any of ESG’s employees sub-contractors or agents concerning the Services shall not be incorporated into the Contract unless confirmed by ESG in writing and in entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of such representations which are not so confirmed
2.4       Any brochures and photographs are intended as a general guide only and any typographical clerical or other error or omission in any website sales literature quotation order form/estimate price list acceptance of offer invoice or other documentation or information that may be issued by ESG shall be subject to correction without any liability on the part of ESG unless such correction shall fundamentally alter the Customer’s rights under the Contract to the Customer’s disadvantage in which case the Customer shall be entitled to cancel the Contract without any liability
2.5       Any estimate given by ESG may be withdrawn at any time prior to acceptance by the Customer and in any event shall lapse after (30) thirty days from and including the date that the estimate is given and/or if any act or omission of the Customer prevents ESG from commencing the Services with (90) days from and including the date that the estimate is given
2.6       The Customer acknowledges that ESG and any associated companies have no connection with any national or regional power supply company.

3.         ORDERS:
3.1       No Order Form shall be deemed to be accepted by ESG and the Contract shall not be formed until signed by both the Customer and ESG’s authorised representative. By placing an order the Customer is offering to buy Goods and/or Services from ESG on these Conditions. ESG will have no obligation to provide the Customer with the Services until the Contract is formed. The Customer must ensure that the terms of the Customer’s order (including but not limited to the relevant details set out in the Order Form overleaf) are complete and accurate.
3.2       Unless otherwise stated in the Order Form the Services do not include:
(a)        the rectification of defects in the existing electrical installation;
(b)        any electrical safety devices such as residual current circuit breakers.
3.3       Where the Customer requires the Services to be supplied in accordance with the Customer’s specific instructions and/or specifications such instructions shall be supplied to ESG at the time of the order. The specification of the Services shall be that set out in the Order Form unless agreed otherwise by ESG in writing and subject always to clause 3.4 below
3.4       ESG may make any changes to the specification of the Services which are required to conform with any applicable safety or other statutory requirements (where the Goods related to the Services are to be supplied or installed to the Customer’s specification) which do not materially affect their quality or performance

4.         PRICE AND PAYMENT:
4.1       Except as otherwise agreed in writing between ESG and the Customer and without prejudice to any other right or remedy available to it ESG shall be entitled to invoice the Customer for:-
(a)        the Price and VAT at the rate prevailing on the date of ESG’s invoice (or instalments thereof by way of interim invoices) before or on or at any time after the Completion Date; and
(b)        any Deposit and VAT (if applicable) at the rate prevailing on the date of ESG’s invoice before or on or at any time after the date that ESG and the Customer signs the Order Form
4.2       Unless otherwise agreed in writing by ESG, the Customer shall pay ESG’s invoices either on the later of receipt of the said invoice or the date of invoice (“Due Date”). No payment will be deemed to have been made until ESG is in receipt of cleared funds.
4.3       As applicable VAT is payable in addition to the Price on all orders
4.4       If ESG has agreed with the Customer that any payment due to ESG will be settled by a third party (including but not limited to an insurance company) and such third party makes payment directly to the Customer the Customer will hold the payment as ESG’s agent and will pay it to ESG in full immediately without any deduction whatsoever. For the avoidance of doubt the Customer shall remain liable at all times for payment of the Price
4.5       If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to it ESG shall be entitled to:-
(a)        cancel the Contract and/or suspend the supply of any further Services to the Customer (whether under this Contract or any other contract with the Customer) until full payment together with interest is received by ESG; and/or
(b)        charge the Customer interest (before and after any judgment) on the amount unpaid at the rate of three per cent per annum above the Bank of England base rate from time to time until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest)
4.6       The Customer shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of any sum due
4.7       ESG shall be entitled to increase the Price for provision of the Services to take into account any increase:-
(a)        in the cost (including but not limited to materials and/or labour) which is a result of any delay caused by any acts and/or instructions by the Customer and/or his/her omissions generally and/or failure to give ESG adequate information or instructions and/or in consequence of any default by the Customer;
(b)        in taxation or government levies which affects or applies to the Price of Goods and/or Services under the Contract
4.8       ESG may quote the Customer a price in addition to the Price where:-
(a)        the Customer requests that Further Work be carried out;
(b)        rectifying any damage to the work/Services which has been caused by the Customer and/or any third party not engaged by ESG.
(c)         any additional defects in the works/Services (not caused by ESG’s fault) and/or any unforeseen complications which could not have been foreseen prior to commencing the work/Services which are found during Services preparatory to and/or during actual installation.
4.9       Where the Customer does not accept the revised estimate and Price for the Further Work then ESG shall only be liable to provide those Services specified on the original Order Form.
4.10     The Customer shall sign such completion or satisfaction note and any other documentation as ESG may reasonably require from time to time

5.         PERFORMANCE
5.1       Unless otherwise agreed in writing the place for the performance of the Services shall be the Customer’s premises.
5.2       The Customer shall ensure that it complies with all relevant health and safety and environmental legislation by-laws and other rules and regulations where the Services are to be performed at the Customer’s premises. In order to enable ESG to provide the Services safely and to the best of its ability the Customer shall do the following before or immediately after discovery after commencement of the Services unless otherwise agreed by ESG in writing:-
(a)        inform ESG of any potential hazards whatsoever existing at the premises where ESG is to perform the Services (including but not limited to the existence of asbestos) and any particular precautions or special requirements in relation to such hazards of which the Customer is aware or of which the Customer reasonably ought to be aware and which hazards could constitute danger to any ESG operative whilst engaged in the performance with the Services;
(b)        if asbestos or any other hazardous materials is discovered by ESG at the property whilst providing the Services ESG shall be entitled without incurring any liability whatsoever to the Customer to suspend the provision of the Services until the hazardous material is made safe or removed. The Customer shall at its own expense ensure that the hazardous material is removed safely, or made safe, by someone who has authority, licence and requisite expertise to carry out such works.
(c)         obtain permission for ESG to enter any third party’s premises where such access is required to perform the Services;
5.4       ESG may make any changes to the provision of the Services which are required to conform to any applicable safety or other statutory/regulatory requirements but which do not materially affect the supply of the Services.
5.5       Prior to and during and to facilitate the provision of the Services the Customer shall:
(a)        make available to ESG any appliances and/or utilities or otherwise including but not limited to ensuring that an electricity supply is available to the Customer’s premises prior to and during the provision of the Services;
(b)        at its expense obtain all consents, including building regulation and planning consents; consents from
neighbours and mortgagees; consents from local and other authorities which are necessary to enable ESG to legally provide the Services
5.6       The Customer shall allow ESG to provide the Services during normal working hours (Monday-Friday, 8am-5pm). ESG may at its discretion agree to provide the Services outside of these hours provided that the parties can agree an additional price to reflect the additional costs that ESG will incur as a result.
5.7       Wherever possible ESG will use existing routing for its wiring (“Flush Installation”). This may not be possible due to the condition of the premises in which case ESG reserves the right to conceal the wiring within plastic trunking or conduits which will not sit flush to existing decorations. Where flush installations are carried out ESG undertakes to fill in holes for cables and cable runs but does not undertake to carry out “finish standard plastering” or to make good decorations to walls floors or other parts of the premises. ESG is not responsible for the refitting of any fixtures and fittings             moved or removed during the course of providing the Services.
5.8       ESG is not liable to make any alterations to the earthing which is provided by the Customer’s electricity supplier. In the event that ESG believes that any works are necessary to the earthing the Customer agrees to arrange for these works to be carried out at its own expense prior to ESG commencing the provision of Services under the Contract.
5.9       ESG will use its reasonable efforts to supply the Services to the Customer but where ESG is unable to do so through no fault of its own ESG will notify the Customer as soon as reasonably practicable and ESG shall not be liable to the Customer for any failure to do so and the Price shall remain due in full
5.10     If the Customer unreasonably fails to permit ESG to commence performance of the Services and/or fails to give adequate instructions or information to permit commencement of the Services then without prejudice to any other rights of ESG it may:-
(a)        store any Goods until actual delivery and charge the Customer the reasonable costs (including transportation and insurance) of storage; or
(b)        sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price or charge the customer for any shortfall below the Price
5.11     Any time or date given for commencement of the Services is an estimate only and ESG’s liability (except as provided at clause 6.4 below) for any delay in commencement of performing any of its obligations in relation to the Services shall be limited to the excess (if any) of the cost to the Customer in the cheapest available market for similar services over the Price to replace those services not supplied.
5.12     ESG may perform the Services in stages. Each stage will be a separate Contract and each separate stage will be invoiced and paid for in accordance with the provisions of the Contract.

6.         WARRANTIES AND LIABILITIES:
6.1       Subject as otherwise stated in these Conditions ESG warrants that the Services will be performed with reasonable skill and care and in accordance with the Contract and shall be free of faulty manufacture and defects in workmanship as follows:
(a)        all installed wiring and standard (non electric) internal light switches and sockets are guaranteed for 6 years from the date on which they are handed over for the Customer’s use at the Completion Date.
(b)        all Services provided are covered by an independent warranty issued by the Electrical Contractors Association (ECA) to a limit of one hundred thousand pounds sterling (£100,000) of liability for a period of six (6) years from the Completion Date
6.2       We warrant that the Goods will conform to the Contract specification subject always to clause 3.4 above
6.3       ESG shall be under no liability under any warranty condition or guarantee (express or implied) relating to the Services supplied if any defects arise from the Customer’s or its employees sub-contractors (or any other third party working for or under the direction of the Customer) misuse or treatment of the Goods without ESG’s prior approval or the faulty workmanship by the Customer
6.4       Any warranty given by ESG shall be subject to the following conditions:
(a)        ESG shall be under no liability in respect of any defects in the Services and/or Goods arising from drawing design or specification supplied by the Customer
(b)        ESG shall be under no liability in respect of any defects arising from fair wear and tear the Customer’s negligence wilful damage abnormal working conditions failure to follow ESG’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without ESG’s approval.
(c)         the Goods and materials supplied by ESG have not been overloaded misused damaged or tampered with other than by ESG in the course of testing or otherwise
(d)        the Goods and materials supplied by ESG have only been used for domestic purposes
(e)        ESG shall be under no liability under any warranty condition or guarantee if the Price and VAT has not been paid by the Due Date
(f)         No warranty given by ESG extends to Goods not manufactured by ESG and/or which fall outside of the scope of the warranty offered by ESG at clause 6.1 above in respect of which the Customer shall only be entitled to benefit of any such warranty or guarantee as is given by the manufacturer to ESG which ESG will use its reasonable effort to pass on to theCustomer
6.5       ESG shall not be liable for any defects injury loss or damage resulting from the Customer’s negligence or arising from lack of proper maintenance and improper use accidents unauthorised alterations or tampering or faulty workmanship on the part of others (excepting ESG’s employees sub-contractors or agents) except that nothing in these Conditions is intended to nor shall it limit any liability on ESG’s part in respect of death or personal injury caused by ESG’s negligence
6.6       ESG’s liability (except as provided above) for any delay in performing or any failure to perform any of its obligations in relation to the Services shall be limited to the excess (if any) of the cost to the Customer in the cheapest available market for similar services over the Price to replace those Services not supplied
6.7       If either the Customer or ESG are in breach of the arrangements under this Contract neither of us will be responsible for any losses that the other suffers except those losses which are a foreseeable consequence of the breach
6.8       ESG shall not be responsible for any defects in Goods and/or Services unless notified to it within a period of fourteen (14) days from the Completion Date. If the Customer shall fail to give such notice then the Goods and/or Services shall be deemed to be in all respects in accordance with the Contract. If the Customer gives such notice, the Customer shall be responsible for ESG’s reasonable charges in connection with any inspection carried out by ESG at the Customer’s request following the report of any alleged defect by him/her except in circumstances where ESG are liable under any warranty or guarantee given by it. If on inspection ESG reasonably agrees that the Services are defective then ESG’s sole obligation arising under the warranties at clauses 6.1 and 6.2 above shall be to repair as soon as possible and at a time convenient to the Customer and/or replace such Goods or part or parts free of charge or at ESG’s absolute discretion refund to the Customer the Price of the Goods or the proportionate part of those Goods in question
6.9       If ESG reasonably deems that has to move or remove fixtures and fittings at the Customer’s premises including but not limited to carpets floor coverings and bath panels to enable it to provide the Services and such fixtures and fittings are difficult to move or remove without causing damage to the premises or the fixtures and fittings themselves ESG shall first notify the Customer of this fact. If the Customer then instructs ESG to remove such fixtures and fittings ESG shall have no liability to the Customer for any loss or damage caused by their removal provided that reasonable care is taken by ESG.
6.10     In the event that a fault develops which is not due to a fault in the Services provided but in the power supply or its metering the Customer agrees to deal direct with his electricity supplier to have the fault rectified and ESG shall have no liability to the Customer for any loss or damage caused by such fault in the power supply or its metering
6.11     Where the Customer is dealing as a consumer his/her statutory legal rights are not affected by these Conditions

7.         ENDING THE CONTRACT:
7.1       Without prejudice to any other right or remedy available to ESG it shall be entitled to bring the Contract to an end or suspend performance under the Contract without any liability on its part to the Customer in the event that:
(a)        the Customer makes any voluntary arrangement with his/her creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or go into liquidation; or
(b)        an encumbrancer takes possession or a receiver is appointed of any of the Customer’s property or assets; or
(c)         the Customer is in non-remediable (as reasonably deemed by ESG) breach of any term or terms of these Conditions or ESG anticipates any such breach(es)
7.2       Except as provided at clause 7.3 the Customer shall not be entitled to bring the Contract to an end unless the Customer pays ESG in full in respect of any loss (including loss of profits or opportunity) costs (including the cost of transportation or any labour or materials) damages charges and expenses incurred by ESG. If ESG cancels the Contract otherwise than provided in this Contract it must pay the Customer any foreseeable losses or costs he/her suffered because of the cancellation.

7.3       NOTICE OF THE RIGHT TO CANCEL - WHICH MAY BE GIVEN TO ESG BY THE CUSTOMER
(a)        The Customer shall be entitled to end the Contract for the provision of the Services within seven (7) calendar days of the date of receiving the ‘Notice of the Right to Cancel’ (“Cancellation Period”) set out in full overleaf and forming part of these Conditions if the Customer gives written notice of cancellation to ESG preferably by completing and sending to ESG the ‘Customer Contract Cancellation Notice’ overleaf within this Cancellation Period. Full details of how to cancel are set out overleaf.
(b)        ESG may choose not to supply the Services to the Customer within the Cancellation Period. The Customer acknowledges that he/she will be required to pay for the Services supplied if ESG have begun to perform the Contract with the Customer’s prior written agreement before the end of the Cancellation Period.

8.         TITLE AND RISK:
8.1       As soon as ESG have delivered the Goods the Customer will be responsible for them. If the Customer delays a delivery ESG’s responsibility for everything other than damage due to ESG’s negligence will end on the date ESG agrees to deliver them as set out in the Contract
8.2       Notwithstanding delivery and the passing of risk in the Goods or any provision of these Conditions property in the Goods shall not pass to the Customer until ESG receives in actual cleared funds payment in full of the Price and the price of all other goods agreed to be sold by ESG to the Customer for which payment is then due
8.3       Until such time as property in the Goods passes to the Customer ESG shall be entitled at any time to require the Customer to deliver up the Goods to ESG at the Customer’s expense unless ESG notify the Customer otherwise in writing

9. FORCE MAJEURE:
Neither party shall be liable for any breach (other than relating to payment of the Price) of the Contract or any delay in performing any of its obligations in relation to the Services by reason of act of god war lock-out strike riot malicious damage labour disturbances trade disputes government action (including action by any local or statutory authority) fire flood storm drought tempest explosion acts of terrorism riot commotion national emergencies break down of plant or machinery or default of suppliers or sub-contractors or the discovery of hazardous material (including but not limited to asbestos) or any other event whatsoever beyond ESG’s reasonable control

10. DATA PROTECTION:
Where the Customer signs the Order Form ESG may use the Customer’s personal details for any one or more of the purposes of supplying Services (including passing he/her details on to ESG’s employees or agents or contractors or otherwise and for any purposes related to the provision of any Further Work. ESG may retain the Customer’s details on its customer database and ESG may contact him/her by telephone or ordinary mail to seek customer feed back and/or to inform him/her of ESG’s latest similar service offerings or promotions (“Purposes”). If the Customer volunteers his/her e-mail address and inserts the same on the Order Form, he/she is deemed to consent to receiving e-mails from ESG for the Purposes. Otherwise, ESG will not use or share the Customer’s details for other purposes without obtaining his/her consent as required by law

11.       GENERAL:
11.1     ESG may perform any of its obligations or exercise any of its rights hereunder itself or through any of its employees or agents or contractors
11.2     The headings in these Conditions are for convenience only and shall not affect their interpretation
11.3     No failure of ESG to exercise any power given to it or to insist upon the strict compliance by the Customer with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of ESG's rights under this Agreement
11.4     If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part that wholly or partially invalid or unenforceable provision shall be deemed severed from these Conditions but the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby and shall continue in full force and effect
11.5     The Customer shall not assign dispose sub-contract or otherwise transfer any rights (including without limitation benefits) or obligations that it may have under the Contract to any third party without ESG’s prior written consent. After first notifying the Customer, ESG may assign dispose of sub-contract or otherwise transfer any rights that it may have under the Contract
11.6     Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any term of this Contract.
11.7     Any notice given under these Conditions must be given in writing and delivered or sent by post or facsimile transmission to the residence or principal place of business of the party to whom it is addressed except only that where the Customer cancels under clause 7.3(a) above he/she may do so by email
11.8     The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and subject to the non-exclusive jurisdiction of the English courts
11.9     If any dispute arises in connection with any Contract the parties may attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties the Mediator will be nominated by CEDR