Terms & Conditions for Supply of Goods & Services for
Fox Electrical Services Ltd

1. Incorporation

1.0 Unless otherwise agreed in writing by the above (hereafter referred to as the seller) the following terms and conditions apply to all orders accepted by the seller for all goods and all services supplied by the seller.

2. Price and Payment

2.1 The price shall be the sellers quoted price whether in writing or by other agreed practices.

2.2 A deposit may be required to the value of 50% of the value of the order shall be paid with the order, this sum held in a client account until work on the site has started and or goods and services on the site exceeds the value of the sum held in the client account.

2.3 Payment of the balance and VAT shall be due within 30 days of completion of the contract. If the contract price is not within the period then without prejudice of any rights of the seller it may: - (A) Charge and recover from or add to the account of the buyer interest on the outstanding account at the rate of 8% per month above the Bank Of England base rate, and so that any future interest shall be compounded and such interest shall be chargeable as well after judgement as before.
(B) In the case of installments or periodic work or deliveries withhold any further deliveries until payment is made or agreement for payment is reached.

2.4 On a phased contract weekly billing based on materials and labour on will be made and payment shall be due within 14 Days of the invoice for the period therein.

2.5 The quotation is based on the rates of labour, materials and transport ruling at the date of the tender and any fluctuations in cost may be subject of adjustment by mutual agreement.

2.6 The quotation shall be based on all work being carried out in normal hours or at an agreed time in continuity and with clear access to the working area. Should extra costs be incurred in delaying the start of any part of the contractual work the right to charge the seller reserves the buyer.

2.7 No allowance will be made in the quotation for any statutory fees or duties that may incur to carry out said contract.

2.8 Any work in connection with items outside the scope of the contract will be charged as an extra.

2.9 Any additional items required will be treated as a separate contract.

2.10 The buyer shall not be entitled to withhold payment for the goods or services for any reason whatsoever except to the extent the buyer is entitled to a right of setoff by reason of a payment credit or liability admitted by the seller.

3 Description

3.1 The quantity and description of the goods shall be as set out in the seller's quotation whether written or verbal.

3.2 The seller warrants that the goods will at the time of the delivery correspond to the description given by the seller, except where the buyer is dealing as a consumer all other warranties conditions or terms relating to fitness for purpose, merchantability or condition of the goods and whether implied by statute of common law or otherwise excluded.

4 Delivery and risk

4.1 Delivery of goods sold shall be at the seller's site unless otherwise agreed verbally or in writing. The buyer will be notified verbally or in writing when such goods are available for delivery and the risk in the goods shall pass to the buyer on delivery or seven days after the service of such notice whichever shall be earlier whether or not property in the goods has passed.

4.2 The seller undertakes to make every endeavor to execute each order within the period quoted subject to any variation to the contract agreed between the parties time shall not be the essence of the contract. The seller shall not be liable to the buyer for any loss arising out of delay in completion unless negligence by the seller is proved.

4.3 The buyer shall be liable to pay storage charges at the rates from time to time stipulated by the seller in the event of the seller retaining the goods following the buyers refusal to accept delivery. 4.4 Off loading of all materials delivered to the site and thereafter the secure and dry storage of the same, furthermore the distribution of such materials to the working area will be the responsibility of the buyer.

4.5 Without prejudice to the generality of the foregoing should the seller be prevented from or delayed in fulfilling the terms of this agreement by lockout, strikes, riots, civil commotion, war, fire, adverse climatic conditions, or any act of god or circumstance beyond the control of the seller whether the same shall prevail at the sellers works or at the place of dispatch or in transit to the place of the delivery the buyer shall not be entitled to refuse delivery until failure by the seller to deliver the goods within reasonable time after such circumstances have ceased to exist but if the seller consider that this agreement is frustrated it shall be entitled to give notice of such frustration in writing to the buyer when any such deposits shall be repaid to the buyer less any costs incurred by the seller on the behalf of the buyer for the purchase of the purpose made equipment or materials or any non-returnable equipment or materials and neither party shall have any further liability to the other arising out of the contract

5. Title

5.1 Unless otherwise agreed in writing property in the goods supplied shall not pass until all payments have been received in full.

5.2 Until payment in full the buyer shall hold any goods solely as bailee for the seller and shall store them separately from its own goods or those of any other person or company and in a manner which makes them readily identifiable as the goods of the seller.

5.3 The buyer's right to possession of the goods shall cease: (A) If payment for the goods or services is overdue in whole or in part, or (B) If the buyer becomes bankrupt or does anything or fails to do anything which would entitle a receiver to take possession of any of it's assets or the seller may (without prejudice to any of it's other rights) recover and resell the goods or any part of the goods and may enter upon any premises where they are stored or thought to be stored for that purpose.

6 Default of Buyer
If the buyer becomes a bankrupt or insolvent or compounds or makes any arrangement with his creditors or being a company goes into liquidation or has a receiver appointed of its assets the seller may declare the contract to be cancelled and in the case of a contract of sale or agreement to sell, resell the goods and any loss sustained on the resale shall be paid to the seller by the buyer.

7 Remedies of the Buyer
Where the buyer rejects any goods then the buyer shall have no further rights in respect of the supply to the buyer of such goods or the failure by the seller to supply goods, which conform to the contract of sale. Where the buyer accepts or has been to have accepted any goods then the seller shall have no liability whatever to the buyer in respect of these goods. The seller shall not be liable to the buyer for late delivery or short delivery of the goods.

8 Electric Lighting, Power and Services
The buyer must procure that adequate lighting and power is freely available on site and in the working area.

9 Consents
It will be assumed that the buyer has obtained all necessary consent so far as the local authority, bye-law, statutory requirements are concerned particularly regarding fire, ventilation and the like.

10 Plans and Drawings
The seller shall not be under any obligation to exercise care and skill in the checking of any plans or drawings supplied or provided by the buyer and it shall be for the buyer to ensure that all such plans and drawings are correct and accurate.

11 Defects, Damage or Shortfall In Respect Of Part Order
Defects, damage, shortfall of any part of an order shall not be grounds for cancellation of the order of all parts supplied by others shall be deemed fit for the function and purpose for which they are intended and all liability shall be fall on the product supplier.

12 Exclusions to Contract
While the seller will execute all reasonable care to avoid damage to the floor, wall and ceiling finishes it cannot accept any responsibility or liability incurred for any marking or damaged that may result from the supply or supply and installation of any goods and services undertaken. The responsibility shall be with the buyer to carry out such remedial work that may entail.