Standard Terms of Business

These terms and conditions shall apply to and are incorporated in any quotation, work undertaken and invoice rendered and shall be deemed to apply unless expressly modified or excluded in writing by Tidal Current Electrical Ltd (hereby known as the Contractor). Instructing the Contractor to provide a quotation and or undertake work and or amend any instructions for works means you are the Client as referred to below.

1. Scope of Work

1.1 The Contractor shall carry out and complete the work described in the quotation document in a good and workmanlike manner. They shall have no obligation to execute any further work, inspection or testing of any systems or installations unless agreed in writing between the Contractor and Client. If there is any discrepancy between any specification and any drawing, then the description contained in the specification shall prevail over the drawing.

1.2 The Client is responsible for obtaining any necessary planning permission for the works and for the fulfilling of statutory requirements. The exception being in the case of work notifiable to a local building control body. The Contractor will advise the Client if notification is necessary at the time of quotation (or any change in instructions or circumstances) and on completion of agreed work will notify Building Control. By agreeing to works that require notification the Client agrees for their data to be shared with the Contractor’s current Competent Person Scheme provider, the relevant Local Authorities and any relevant third parties. Once the Contractor has submitted the notice to Building Control their obligation in this respect ceases.

1.3 If work is not notifiable but the Client requires a certificate the Client agrees for their data to be shared with the Contractor’s current Competent Person Scheme provider and any relevant third parties.

1.4 By agreeing to the works being undertaken, the Client confirms they have any required consent from the owner of the property or premises, as applicable.

 2. Quotation

2.1 The quotation is valid for a period of thirty days from the date shown in the quotation and thereafter lapses automatically. The contract sum is the total sum as shown on the quotation.

2.2 The Contractor reserves the right to increase the contract sum should the date for completion of the works become impossible to attain for reasons wholly or partly beyond their control. 

2.3 The quotation is based on conditions known at the time of viewing and date of the quotation. The Client will pay for any extra works, or costs due to unknown difficulties or changes, which are not within the quotation.

2.4 Acceptance of the quotation includes acceptance of these terms and conditions and will lead to a binding contract between the parties.

3. Variations

3.1 Variations to the Works as specified in the quotation will only be undertaken when agreed between the Contractor and the Client and upon instructions given in writing by the Client to the Contractor. Oral instructions will not be accepted. It should be noted that site personnel have no authority to alter the contract in any way. The price of any additional work will be based upon costs prevailing at the date of the variation of instructions and or additional requirements becoming known as per Clause 2 above.

4. Payment

4.1 The Client accepts that they will pay to the Contractor the contract sum and any additional sums due in accordance with Clauses 2 and 3 above, the total of which will be the total sum due on the invoice sent to the Client on completion of the work.

4.2 All accounts are payable upon presentation of invoice. Interest will be charged from the due date of payment of all invoices at 5% above the Contractor’s Banker’s Base Lending Rate per annum until actual payment.

4.3 The Contractor reserves the right to request a deposit of 50% of the contract sum upon acceptance of the quotation. The Contractor will advise if this is necessary in writing to the Client.

4.4 The Client accepts that if access to the site is not available at the agreed date and time for the work to take place they will pay to the Contractor the sum of the materials and 50% of the labour costs as detailed on the quotation.

4.5 All accounts are net and do not provide for any discounts or retentions unless otherwise agreed.

4.6 All materials remain the property of the Contractor until the invoice has been settled in full.

5. The Site

5.1 The Client warrants that the site is free from hazards or obstructions which are not discoverable upon visual inspection of the of the site or made known in writing to the Contractor prior to the submission date of the quotation. The Contractor shall be entitled to cease work immediately or to make a reasonable additional charge for all additional work necessary resulting from the discovery of such hazards.

5.2 Timely possession of the site and proper and adequate access to it must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner. 

5.3 The Client will provide access to water, electricity and toilet facilities wherever possible for use by the Contractor in carrying out the work agreed. The provisions of these services and facilities shall be at the sole cost of the Client.

5.4 The Client shall be responsible for ensuring the safety of their children, family members, pets, animals and visitors at all times, whilst work is being carried out on their premises.

5.5 The Contractor shall be free from any liabilities, structural or accidental, when using machinery, except for accidents caused by improper use.

6. Delay or Disruption

6.1 The Contractor undertakes to use all reasonable endeavors to complete the work within a reasonable time or by a specified date if agreed. Under no circumstance shall the Contractor incur any liability to the Client for any untimely performance or delays arising from force majeure, adverse weather conditions or events beyond their reasonable control.

7. Materials on Site

7.1. Materials delivered to site become the responsibility of the Client and the Contractor accepts no loss, damage or expense after delivery of the materials to site for any reason.

7.2 The Contractor reserves the right to request the Client purchases materials directly with the manufacturer. If this is necessary the Client will be advised in writing and will be provided with the full details and specification to enable the correct materials to be purchased.

7.3 All materials brought to site which prove to be in excess to the Contractor’s requirements shall remain the property of and shall be removable by the Contractor who shall have the right to enter the site for that purpose.

7.3 The Contractor shall not be liable for any loss or theft of materials from site. Any additional materials required following damage, loss or theft shall be at the Client’s expense.

8. Maintenance & Warranties

8.1 The responsibility for the proper maintenance of the site passes to the Client upon completion of the Works unless otherwise agreed in writing.

8.2 If any materials or products used in the works by the Contractor are eligible for a warranty with the supplier and or manufacturer, the Client shall be responsible for registering the same.

9. Law

This contract shall be regarded as an English contract and shall be construed and the rights of the parties and all matters arising hereunder determined in all aspects according to the Law of England and Wales.

10. Severability

If any provision of the terms and conditions are found to be invalid, unenforceable or illegal the remaining provisions shall remain in force.