Acorn Electrical & Mechanical (AEM) Terms & Conditions THIS ESTIMATE IS SUBJECT TO THE FOLLOWING TERMS & CONDITIONS FOR ALL ELECTRICAL MAINTENANCE & INSTALLATION WORKS PERFORMED BY THE COMPANY
1. If you are unsure about your rights concerning these terms & conditions, or you require an explanation regarding them, please don’t hesitate to contact us either by telephone, email or in writing at the address and telephone numbers given on our website. The following clauses must be read carefully as all information you require to know regarding the agreement you are about to enter with Acorn Electrical & Mechanical (AEM). When the company is mentioned in all clauses it refers to Acorn Electrical & Mechanical (AEM).
2. The company on request will provided you with a quotation/estimate of costs involved in the installation of certain electrical equipment, testing, rewiring or a package containing all electrical work. The quotation/estimate will be drafted to meet the specific requirements for your home. On acceptance of this quotation/estimate and in accordance with the below clauses, the company will undertake all works as necessary to complete the project as described in our quotation/estimate to you specification subject to the conditions and clauses contained in this agreement.
3. If a particular date is required for the works to be carried out, the company will act and do all it can deemed reasonable to accommodate the dates required for the installation to be carried out. The company also recognizes that they may be circumstances when you cannot meet a date for an installation. As a result of this no one party shall be able to cancel this agreement or be liable for any costs. The company will contact you to arrange an alternative installation date in the case of unforeseen circumstances arising beyond reasonable control of the company or by you.
4. The company will carry out all work specified in the quotation/estimate during normal working hours being between 8am and 5.30pm Monday to Friday and for the price quoted for in the quotation/estimate. If the company is delayed or prevented from completing the installation by the agreed date due to default or delay on the client’s behalf, the company may issue the client a written notice notifying them of additional charges calculated at a reasonable sum in respect of any additional costs incurred. Any additions or variations requested to us from the client will also be subject to additional charges.
5. At the clients own expense you shall obtain all necessary consents and permissions for the installation of the works to include, (without installation) planning permissions, building control regulations, permissions and consents from mortgages companies and neighbours as necessary.
6. Tenants may need to obtain their landlords consent for an installation to be installed. The company will assume that these consents have been granted to you and shall except no liability whatsoever for any loss or damage arising from a failure to obtain the necessary consents.
7. The client will provide reasonable access to enable the installation to be carried out. The client will also be required to provide the necessary service utilities for the installation works at no charge to the company whatsoever.
8. An adequate electrical supply must be present and connected to the property prior to any instruction from the client being accepted and the works commencing. With no prejudice intended to the company or its rights, if such a supply is not present or connected to allow work to commence the company may reserve the right to cancel the contract and shall not except any liability whatsoever for any costs for loss or damage arising from the cancellation. In some situations the amount of the existing electrical supply cannot always be sufficient. If a new supply line is necessary the installation will be charged at our standard hourly rate as set out on our website and will be charged as an extra additional cost to the original quoted price.
9. All costs and prices specified in this agreement does not include the cost for inspection and safe controlled removal of any dangerous substances or waste materials such as asbestos if found when carrying out an installation. If asbestos is found during the installation works, the company reserves the right for immediate withdrawal of all staff from site until such times the site is deemed safe for their return. The cost for removal of any asbestos encountered is not included in our original costing. However, upon request from the client the company will offer a cost implication for the safe removal of all and any asbestos found and will add this cost to the total bill.
10. The company will not accept any liability whatsoever for costs involved to repair or replace parts to an existing electrical system that may develop faults when new equipment has been connected and installed to it. If in some circumstances the existing system develops a fault or is faulty after the new equipment installation has been conducted, the company may issue charges for visits from our electrical technician engineer to your home to rectify any faults with your existing electrical system. The company does not accept any liability whatsoever for an electrical system incorrectly functioning due to the electrical supply becoming inadequate, a drop in power or the power being cut off for some reason.
11. Acorn Electrical & Mechanical (AEM) accepts no responsibility for any existing installations that are present. This relates in particular but not only to any wiring, consumer units, sockets switches, lights and electrical controls. Any cost of repairs for which Acorn Electrical & Mechanical (AEM) are not liable for will be charged in accordance with our standard company charges. Furthermore, if the buyer has requested that an existing appliance be re-installed or moved (e.g. a Consumer Unit), Acorn Electrical & Mechanical (AEM) accepts no liability for any defects or malfunctions of this Consumer Unit, as a direct result of this installation.
12. Acorn Electrical & Mechanical (AEM) accepts no liability for the removal of any carpets, linoleum and special types of flooring, e.g. tongue and grooved, parquet, hard wood or tiled floors in order to carry out the installation accept in circumstances where Acorn Electrical & Mechanical (AEM) has been negligent.
13. Acorn Electrical & Mechanical (AEM) take all reasonable care to carry out the installation. However, the client accepts that the installation including removing or destroying existing fixtures or fittings may cause damage to their decorations and fittings in their home. This provision does not exclude the company’s responsibility for damage that is beyond which is deemed reasonably commensurate with the installation. It is anticipated that certain areas in the client’s home may need redecoration following completion of a total rewire. This will be the client’s responsibility and is not included in the price from Acorn Electrical & Mechanical (AEM)
14. All Acorn Electrical & Mechanical (AEM) employees & agents are insured against loss or injury through their negligence.
15. Acorn Electrical & Mechanical (AEM) do not accept any liability whatsoever for any failure to perform its obligations under any quotation if it is prevented from doing so by any cause reasonably beyond its control; including without limitation; adverse weather conditions, fire, accident or war, a failure or delay attributable to any electricity, water or gas network, the act or omission of any party for whom Acorn Electrical & Mechanical (AEM) are not responsible for.
16. Acorn Electrical & Mechanical (AEM) under this agreement do not accept any liability whatsoever for any loss or damage caused by Acorn Electrical & Mechanical (AEM) its employees or agents in situations where;
16.1. There is no breach or illegal duty of care owed to the client by Acorn Electrical & Mechanical (AEM) or by any of the company’s employees or agents.
16.2. Such loss of damage is not a reasonably foreseeable result of any such breach.
16.3. Any increase in loss or damage resulting from breach by the client of any term of this contract.
17. Acorn Electrical & Mechanical (AEM) does not exclude any liability for loss of or damage to property directly resulting from the company’s breach of the agreement, but the company’s liability for such loss or damage shall be limited to those losses which are of a foreseeable consequence of the breach in respect of any one incident or series of incidents whether related or unrelated in any period of twenty-four months.
18. To complete your installation Acorn Electrical & Mechanical (AEM) will use its authorised employees or agents. All contractors approved by the company are qualified electricians, registered engineers and chosen carefully to carry out high standards or workmanship.
19. Company charges and rates – All charges and rates are clearly laid out within our quotation/estimate. In circumstances when a quotation/estimate has not and/or cannot be provided (i.e. Immediate works or Emergency works), then our normal charges apply which are as follows: - £66.00 Plus vat per hour for the first 2 hours and £33.00 plus vat per hour thereafter during normal working hours (evening and weekend rates may vary). Additional charges will be applied if necessary for the procurement of any parts and materials as required of which will be clearly marked out on our invoice you receive.
20. Accepting a quotation/estimate can be by email sent to email@example.com or by letter to Acorn Plumbing & Heating (APH) at the address posted on our website. Upon receipt of this acceptance we will send the client an invoice for 50% of the total cost for immediate payment if the works total over £1200. The deposit must be paid on acceptance of any quotations or prior to commencement of works and the balance of the cost shall be due and payable in full upon completion of the installation works.
21. Payments can be made by either cash, credit card, debit card, BACS, cheque or postal order to Acorn Electrical & Mechanical (AEM) at the address posted on our website.
21.1. Title for all goods will not pass to the Buyer (the client) but shall be retained and owned by the seller (AEM) pending payment in full of all costs. Until such time as title passes to the Buyer (the client), the Seller (AEM) shall have absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them.
21.2. For the purposes specified above, the Seller (AEM), their authorised representatives, or agents shall be entitled at any reasonable time during normal working hours to enter without prior notice onto any premises where the goods or any part of the goods are installed, stored or kept or are reasonably believed to be situated.
21.3. The Seller (AEM) shall also be entitled to seek an injunction to prevent the Buyer (the client) from selling, transferring or otherwise disposing of the goods.
22. For projects involving stage payments, there are certain terms that apply. Payment MUST be made within 7 days of each stage completion. Failure to comply will lead to legal proceedings being initiated without further prior notice given which will lead to additional costs of which the client will be fully responsible for.
23. In the event of a disagreement, a dispute or minor defect the customer or client shall not be entitled to withhold more than 5% or £250 (whichever is greater) of the balance due.
24. Acorn Electrical & Mechanical (AEM)) has corrected the minor defect as outlined in clause 24, the withheld amount, 5% or £250 must be paid in full immediately.
25. Where payments are not made on the due date as per above clauses, Acorn Electrical & Mechanical (AEM) will charge daily interest on all late payments at a rate of 8% above the base-lending rate of Nat West Bank plc. If you paid the deposit or the final balance by debit/credit card, cheque or direct debit and payment is declined, stopped or returned by the bank for any reason whatsoever, Acorn Electrical & Mechanical (AEM) will charge you administration costs (letters and telephone calls made to you and any other charges incurred).
26. The client will be sent an invoice for payment within seven days of completion of the installation. Failure to make payment within the specific time period allowed as outlined within the quotation and/or the Terms and Conditions, will lead to legal proceedings being initiated without further prior notice given which will lead to additional costs of which the client will be fully responsible for. A registered Legal firm will be instructed to act on our behalf and all proceedings will be governed in accordance with English Law.
27. Acorn Electrical & Mechanical (AEM) shall provide a free guarantee for the period of one year. This applies to all workmanship only and not to parts (which typically come with a one year manufacturer’s warranty except boilers, the warranty length for which will be made clear at quotation stage) However, the above warranty is subject to the following conditions: -
27.1. The fault is not because of existing wiring, consumer units or appliances.
27.2. The installation work carried out has not been maintained correctly, serviced regularly, incorrectly used, or improperly kept in strict accordance with the manufacturers notes and instructions. It has also not been modified in any way whatsoever unless the manufacturer has given consent.
27.3. The fault is not from wilful or accidental damage, normal wear & tear, interference with or maintenance work from a third party and not Acorn Electrical & Mechanical (AEM)
27.4. The customer makes no further use of works after the defect had been or ought to have been discovered.
27.5. All free guarantee work will be carried out during normal working hours.
27.6. Nothing in these conditions will reduce your statutory rights relating to faulty or miss-described goods.
27.7. Where attendance of the companies technician engineer is needed for any purpose other than a scheduled maintenance visit or for Acorn Electrical & Mechanical (AEM) to meet its guarantees as per above clause, a charge for such attendance will be made. This will require payment to be made on the same day and prior to the engineers visit. If on attendance to your premises by the company’s engineer it is established that the fault on the system is covered by your free guarantee and does not concern your existing system, all and any monies paid by you will be refunded in full.
28. After delivery of any goods from Acorn Electrical & Mechanical (AEM), the client will be liable for the said goods and the safety of said goods keeping so it is required that the client has adequately insurance against any loss or damage to said goods that may occur whilst in the clients possession prior to installation.
29. This agreement is a personal document to the client and is not transferable to any person without written authority from Acorn Electrical & Mechanical (AEM)
NOTICE OF RIGHT TO CANCEL
Following the Company’s acceptance of the clients order, in accordance with the terms and conditions above and in conjunction with the “Cancellation of Contracts made in a Consumers Home or Place of Work Regulations 2008, the client is entitled to a 14 day cooling off period commencing from the date of the proposed contract. The client has the right to cancel the contract within this period but only if the said works have not yet began. This right can be exercised by delivering a letter, or sending an electronic mail cancellation notice to the accounts department which can be sent to: -
Info@acornelectricalandmechanical.co.uk at any time within the 14 day period starting with the day of receipt to notice in writing of the right to cancel the contract. AEM will permit you to cancel the contract by sending the written notice in to us no later than 14 days after the date on which acceptance of the instruction took place. A cancellation request at a later date will not be accepted unless AEM are in breach of contract. All and any cancellations made after the date will give AEM the right to refuse or retain all or part of the clients deposit.
Using this website for business
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Changes to terms and records of agreements
Acorn Electrical & Mechanical (AEM) reserves the right to change these terms and conditions at any time whatsoever. It’s the customers’ responsibility to read the terms and conditions regularly to make sure you’re aware of any changes we may make. If customers use this website after we’ve changed something, we’ll take this to mean you’ve accepted any deem changes in the terms and conditions we have made.
Acorn Electrical & Mechanical (AEM) recommends that customers print off a copy of these terms and conditions and keep a copy for your records. You should do this as a matter of course for any terms and conditions to specific products and services you enquire about online and always keep a copy of the application form you filled in.
Jurisdiction and law
The products and services we offer described on our website are only intended and available in the UK (unless we’ve said otherwise). So all information on our website is only intended for UK residents, so we do not accept enquires from anyone else (again, unless we tell you otherwise). APH do not claim that our products or services are available or for use in other countries. So the information held on our site may not meet the laws and regulations for another country. If you are viewing this website from aboard it’s your responsibility to make sure you meet local laws and regulations. The phone numbers held on our site are for UK calls only. The current laws of England and Wales apply to these terms and conditions, If a dispute arises regarding these terms and conditions, it’ll be dealt with via arbitration in court.
Links to other websites
Certain links on our website will take you to other sites that we have no control over whatsoever. When you click these links, you’ll leave our website. Because we don’t control these websites, we won’t accept any responsibility or liability whatsoever for the material you find there. Monitoring phone calls and emails
We may monitor and record our emails and calls, to find out where improvements can be made and to maintain a check on standards and procedures. It also means we will be in possession of evidence to any contract a customer agree to take out over the phone or online. ANY ADDITIONAL CONDITIONS INCORPORATED BY THE CONTRACTOR ACORN ELECTRICAL & MECHANICAL (AEM) MUST BE CONFIRMED IN WRITING.