Terms & Conditions

General Terms and Conditions of Business

Part 1

  1. Interpretation
    • The following definitions and rules of interpretation apply in this agreement:

“Andrews Electrical” means Andrews Electrical Limited registered in England and Wales with company number 03392702.

“Andrews Electrical Materials” has the meaning given in clause 8.1.8.

“Business Day” a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Commencement Date” has the meaning given in clause 2.2.

“Conditions” these terms and conditions as amended from time to time in accordance with clause 14.8.

“Contract” the contract between Andrews Electrical and the Customer for the supply of Goods and/or Services in accordance with these Conditions.

“Control” shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

“Customer” the person or firm who purchases the Goods and/or Services from Andrews Electrical.

“Deliverables” the deliverables set out in the Order produced by Andrews Electrical for the Customer.

“Delivery Location” has the meaning given in clause 4.2.

“Force Majeure Event” has the meaning given to it in clause 13.

“Goods” the goods (or any part of them) set out in the Order.

“Goods Specification” any specification for the Goods, including any relevant plans or drawings, that is agreed in writing by the Customer and Andrews Electrical.

“Intellectual Property Rights” patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Order” the Customer’s order for the supply of Goods and/or Services, as set out overleaf.

“Services” the services, including the Deliverables, supplied by Andrews Electrical to the Customer as set out in the Service Specification.

“Service Specification” the description or specification for the Services provided in writing by Andrews Electrical to the Customer.

  • Interpretation:
    • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
    • A reference to a party includes its personal representatives, successors and permitted assigns.
    • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
    • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    • A reference to writing or written includes emails but not fax.
  1. Basis of contract
    • The Order constitutes an offer by the Customer to purchase Goods and/or Services in accordance with these Conditions.
    • The Order shall only be deemed to be accepted when Andrews Electrical issues written acceptance of the Order or if earlier Andrews Electrical commences delivery of the Goods and/or the Services at which point and on which date the Contract shall come into existence (“Commencement Date“).
    • Any samples, drawings, descriptive matter or advertising issued by Andrews Electrical and any descriptions of the Goods or illustrations or descriptions of the Services contained in Andrews Electrical’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or have any contractual force.
    • These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    • Any quotation/estimate given by Andrews Electrical shall not constitute an offer, and is only valid for a period of 60 Business Days from its date of issue.
    • All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
  2. Goods
    • The Goods are described in the Goods Specification.
    • To the extent that the Goods are to be manufactured in accordance with a Goods Specification supplied by the Customer, the Customer shall indemnify Andrews Electrical against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Andrews Electrical arising out of or in connection with any claim made against Andrews Electrical for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Andrews Electrical’s use of the Goods Specification. This clause 2 shall survive termination of the Contract.
    • Andrews Electrical reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory requirement, and Andrews Electrical shall notify the Customer in any such event.
  3. Delivery of Goods
    • Andrews Electrical shall ensure that:
      • each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Andrews Electrical reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
      • it states clearly on the delivery note any requirement for the Customer to return any packaging material to Andrews Electrical. The Customer shall make any such packaging materials available for collection at such times as Andrews Electrical shall reasonably request. Returns of packaging materials shall be at Andrews Electrical’s expense.
    • Andrews Electrical shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after Andrews Electrical notifies the Customer that the Goods are ready.
    • Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Andrews Electrical shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide Andrews Electrical with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
    • If Andrews Electrical fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Andrews Electrical shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide Andrews Electrical with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
    • If the Customer fails to take delivery of the Goods within three Business Days of Andrews Electrical notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Andrews Electrical’s failure to comply with its obligations under the Contract in respect of the Goods:
      • delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Andrews Electrical notified the Customer that the Goods were ready; and
      • Andrews Electrical shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
    • If ten Business Days after Andrews Electrical notified the Customer that the Goods were ready for delivery the Customer has not taken delivery of them, Andrews Electrical may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods.
    • Andrews Electrical may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
  4. Quality of Goods
    • Andrews Electrical warrants that on delivery, and for a period of 12 months from the date of delivery (“Warranty Period“), the Goods shall:
      • conform in all material respects with their description or as the case may be the Goods Specification;
      • be free from material defects in design, material and workmanship;
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • be fit for any purpose held out by Andrews Electrical.
    • Subject to clause 3, Andrews Electrical shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
      • the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 1; and
      • Andrews Electrical is given a reasonable opportunity of examining such Goods.
    • Andrews Electrical shall not be liable for the Goods’ failure to comply with the warranty in clause 1 if:
      • the Customer makes any further use of such Goods after giving a notice in accordance with clause 2;
      • the defect arises because the Customer failed to follow Andrews Electrical’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
      • the Customer or any third party alters or repairs such Goods without the written consent of Andrews Electrical;
      • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
      • the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
    • Except as provided in this clause 5, Andrews Electrical shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 1.
    • The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Andrews Electrical.
    • Where security alarms are installed, these will be fitted with a tamper seal on the main panel. The warranty is void if this is broken. The request for the engineer code will also invalidate and void any warranty.
    • Andrews Electrical shall not be liable for labour or associated costs (including but not limited to scaffold and/or lift equipment) incurred by the Customer for the replacement of the manufacturers faulty or failed Goods.
    • Andrews Electrical shall not be liable for labour or associated costs (including but not limited to scaffold and/or lift equipment) incurred by the Customer for the replacement of the manufacturers faulty or failed LED Goods.
    • In the event that a manufacturers LED warranty applies, the Customer shall procure to provide any equipment that may be required for the use by Andrews Electrical to access the supplies at heights of 2 meters or more and/or where special access is required.
  5. Title and risk
    • The risk in the Goods shall pass to the Customer on completion of delivery.
    • Title to the Goods shall not pass to the Customer until the earlier of:
      • Andrews Electrical receiving payment in full (in cash or cleared funds) for the Goods and any other goods that Andrews Electrical has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums; and
      • the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 4.
    • Until title to the Goods has passed to the Customer, the Customer shall:
      • store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as Andrews Electrical’s property;
      • not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
      • maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on Andrews Electrical’s behalf from the date of delivery;
      • notify Andrews Electrical immediately if it becomes subject to any of the events listed in clause 2.2 to clause 11.2.4; and
      • give Andrews Electrical such information relating to the Goods as Andrews Electrical may require from time to time.
    • Subject to clause 5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before Andrews Electrical receives payment for the Goods. However, if the Customer resells the Goods before that time:
      • it does so as principal and not as Andrews Electrical’s agent; and
      • title to the Goods shall pass from Andrews Electrical to the Customer immediately before the time at which resale by the Customer occurs.
    • If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 2.2 to clause 11.2.4, then, without limiting any other right or remedy Andrews Electrical may have:
      • the Customer’s right to resell Goods or use them in the ordinary course of its business ceases immediately; and
      • Andrews Electrical may at any time:
        • require the Customer to deliver up all Goods in its possession which have not been resold, or irrevocably incorporated into another product; and
        • if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.
  1. Supply of Services
    • Andrews Electrical shall supply the Services to the Customer in accordance with the Service Specification in all material respects.
    • Andrews Electrical shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
    • Andrews Electrical reserves the right to amend the Service Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Andrews Electrical shall notify the Customer in any such event.
    • Andrews Electrical warrants to the Customer that the Services will be provided using reasonable care and skill.
  2. Customer’s obligations
    • The Customer shall:
      • ensure that the terms of the Order and any information it provides in the Service Specification and the Goods Specification are complete and accurate;
      • co-operate with Andrews Electrical in all matters relating to the Services;
      • provide Andrews Electrical, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by Andrews Electrical to provide the Services;
      • provide Andrews Electrical with such information and materials as Andrews Electrical may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
      • prepare the Customer’s premises for the supply of the Services;
      • obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
      • comply with all applicable laws, including health and safety laws;
      • keep all materials, equipment, documents and other property of Andrews Electrical (“Andrews Electrical Materials”) at the Customer’s premises in safe custody at its own risk, maintain Andrews Electrical Materials in good condition until returned to Andrews Electrical, and not dispose of or use Andrews Electrical Materials other than in accordance with Andrews Electrical’s written instructions or authorisation; and
      • comply with any additional obligations as set out in the Service Specification and the Goods Specification.
    • If Andrews Electrical’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
      • without limiting or affecting any other right or remedy available to it, Andrews Electrical shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Andrews Electrical’s performance of any of its obligations;
      • Andrews Electrical shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Andrews Electrical’s failure or delay to perform any of its obligations as set out in this clause 2; and
      • the Customer shall reimburse Andrews Electrical on written demand for any costs or losses sustained or incurred by Andrews Electrical arising directly or indirectly from the Customer Default.
  1. Charges and payment
    • The price for Goods (subject to Part 2 clause 5):
      • shall be the price set out in the Order or, if no price is quoted, the price set out in Andrews Electrical’s published price list as at the date of the order; and
      • shall be exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall be invoiced to the Customer.
    • The charges for Services shall be calculated on a time and materials basis (subject to Part 2 clause 5:
      • the charges shall be calculated in accordance with Andrews Electrical’s daily fee rates, as set out in the Order;
      • Andrews Electrical’s daily fee rates for each individual person are calculated on the basis of an eight-hour day from 8.00 am to 5.00 pm worked on Business Days;
      • Andrews Electrical shall be entitled to charge an overtime rate of 100% of the daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in clause 2.2; and
      • Andrews Electrical shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom Andrews Electrical engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by Andrews Electrical for the performance of the Services, and for the cost of any materials.
    • Andrews Electrical reserves the right to:
      • increase the price of the Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to Andrews Electrical that is due to:
        • any factor beyond the control of Andrews Electrical (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
        • any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Goods Specification; or
        • any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give Andrews Electrical adequate or accurate information or instructions in respect of the Goods.
      • In respect of Goods, Andrews Electrical shall invoice the Customer on or at any time after completion of delivery. In respect of Services, Andrews Electrical shall invoice the Customer on completion of the Services or as the case may be weekly/monthly in arrear.
      • The Customer shall pay each invoice submitted by Andrews Electrical:
        • within 30 days of the date of the invoice or in accordance with any credit terms agreed by and confirmed in writing to the Customer; and
        • in full and in cleared funds to a bank account nominated in writing by Andrews Electrical, and time for payment shall be of the essence of the Contract.
  • All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by Andrews Electrical to the Customer, the Customer shall, on receipt of a valid VAT invoice from Andrews Electrical, pay to Andrews Electrical such additional amounts in respect of VAT as are chargeable on the supply of the Services or Goods at the same time as payment is due for the supply of the Services or Goods.
  • If the Customer fails to make a payment due to Andrews Electrical under the Contract by the due date, then, without limiting Andrews Electrical’s remedies under clause 11 (Termination):
    • Andrews Electrical reserves the right to withhold any certification due to the Customer until payment of the overdue sum; and
    • the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
  • All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  1. Limitation of liability
    • Nothing in these Conditions shall limit or exclude Andrews Electrical’s liability for:
      • death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      • defective products under the Consumer Protection Act 1987.
    • Subject to clause 1, Andrews Electrical shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of anticipated savings;
      • loss of use or corruption of software, data or information;
      • loss of or damage to goodwill; and
      • any indirect or consequential loss.
    • Subject to clause 1, Andrews Electrical’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Contract, shall be limited to the total charges paid under the Contract.
    • The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    • This clause 10 shall survive termination of the Contract.
  2. Termination
    • Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party not less than 1 months’ written notice.
    • Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
      • the other party commits a material breach of its obligations under the Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;
      • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
      • the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
      • the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
    • Without affecting any other right or remedy available to it, Andrews Electrical may terminate the Contract with immediate effect by giving written notice to the Customer if:
      • the Customer fails to pay any amount due under the Contract on the due date for payment; or
      • there is a change of control of the Customer.
    • Without affecting any other right or remedy available to it, Andrews Electrical may suspend the supply of Services or all further deliveries of Goods under the Contract or any other contract between the Customer and Andrews Electrical if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 2.2 to clause 11.2.4 or Andrews Electrical reasonably believes that the Customer is about to become subject to any of them.
    • In the event the Customer issues a notice of cancellation with less than 5 working days notice, Andrews Electrical shall deem this to be a short notice cancellation and Andrews Electrical reserves the right to charge in full for the labour component of cancelled works (“Short Notice Cancellation Charge“).
    • In the event Andrews Electrical’s engineers arrive on site at the agreed time/slot and are unable to gain access, Andrews Electrical will consider this a short notice cancellation, subsequently, Andrews Electrical reserves the right to charge to the customer a Short Notice Cancellation Charge.
    • Andrews Electrical will procure to return all unused materials to the Wholesaler at no cost to the Customer in the event of a cancellation. Andrews Electrical reserves the right to charge any restocking fee which may be imposed on the return of these goods.  Certain ‘special order’ non standard items will be non returnable and will be charged in full to the Customer and delivered on payment.
  3. Consequences of termination
    • On termination of the Contract:
      • the Customer shall immediately pay to Andrews Electrical all of Andrews Electrical’s outstanding unpaid invoices and interest and, in respect of Services and Goods supplied but for which no invoice has been submitted, Andrews Electrical shall submit an invoice, which shall be payable by the Customer immediately on receipt;
      • the Customer shall return all of Andrews Electrical Materials and any Deliverables or Goods which have not been fully paid for. If the Customer fails to do so, then Andrews Electrical may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Contract.
    • Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
    • Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
  4. Force majeure
    • Neither party shall be in breach of the Contract nor liable for delay in performing or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
  5. General
    • Assignment and other dealings.
      • Andrews Electrical may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
      • The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Andrews Electrical.
      • Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email.
      • Any notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by email, one Business Day after transmission.
      • This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
    • If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
    • A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
    • No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.
    • Entire agreement.
      • The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      • Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misrepresentation based on any statement in the Contract.
      • Nothing in this clause shall limit or exclude any liability for fraud.
    • Third parties rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    • Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
    • Governing law. The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
    • Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.


Part 2

  1. Electrical Installation General Terms

1.1            All electrical installation work will comply with applicable current legislation and any amendments in force at the time of the works.

1.2            All electrical installation work will comply with applicable Building Regulations in force at the time of the works.

1.3            Electrical Installation and Minor Works Certification and Building Regulations notices issued by Andrews Electrical cover only those works installed by Andrews Electrical.

1.4            Where work is to amend, update or modify existing wiring,  circuits, or power supplies, costs quoted assume existing wiring, circuits etc are safe and in adequate condition. Any work required to bring these circuits up to standard will be at additional cost to the Customer.

1.5            No addition or alteration will be carried out to rubber insulated (VIR) cables (full replacement is recommended).

1.6            Where floor coverings (carpet, laminate etc) require removal or lifting, best endeavours will be made to avoid damage and to refit to an acceptable standard. We would advise however, that employing a specialist fitter may be best practice, to ensure a fully satisfactory reinstatement.

1.7            Unless agreed beforehand, chases to walls will be left un-filled. All final finishing of skim coat plaster and final decoration is excluded.

1.8            Andrews Electrical will endeavour to undertake installation works to a clean and tidy standard. However, some additional cleaning, vacuuming and dusting down of surfaces should be expected afterwards.

1.9            Any equipment susceptible to damage from dust in particular sensitive electrical equipment such as DVD, VCR or computer equipment must be removed from the work area prior to our arrival on site.

1.10         Main Contractors / clients services which if required will be at no cost to Andrews Electrical:

  • 10.1 any builders work i.e. holes exceeding 25mm diameter, timber noggins for Luminaire fixings, making good, redecoration, chasing of brickwork for boxes & containment, plaster patching, floor covering,/boards, cutting of joists, & weatherproofing;
  • 10.2 removal and replacement of Floor Coverings & Floor boards to enable cable installation;
  • 10.3 removal of hazardous materials i.e. asbestos;
  • 10.4 provision or replacement of fire barriers in walls, floors, ceilings and around transient containment;
  • 10.5 provision of luminaire fire hoods;
  • 10.6 protection of all surfaces, building contents, furniture and equipment in working areas;
  • 10.7 provision of skips for rubbish and disregarded materials etc;
  • 10.8 erection of and painting of columns;
  • 10.9 ducting provision for underground cables;
  • 10.10 external trench work inclusive of the installation of sand, tiles, backfilling and reinstatement of ground;
  • 10.11 fitting of door hold open devices;
  • 10.12 provision / cutting of backboards for fixing of non-modular luminaires or fire equipment to suspended ceilings;
  • 10.13 temporary electrics for 1 10volt power tools / lighting etc;
  • 10.14 provision of temporary lighting & power to the area of work;
  • 10.15 temporary electrical supplies to any site accommodation;
  • 10.16 provision of secure lock-up for storage of materials and tools etc;
  • 10.17 testing of any electrical circuit or system not included within the scope of works;
  • 10.18 watching and site Security;
  • 10.19 removal and replacement of ceiling tiles for work access;
  • 10.20 protection from damage theft or vandalism of any part of the sub contract works;
  • 10.21 first aid & welfare facilities, i.e. WC’s, rest room etc;
  • 10.22 high integrity earthing Systems; and
  • 10.23 work required by Regional Electricity, Gas, Water or telecommunications Companies.

1.11         Unless otherwise stated quoted figure does not contain any Provisional / Prime Cost / Contingency, Day work, Surety Bond or Directors Personal Guarantee sum which may have to be attributed to this contract by way of your Summary of Tender.

1.12         This Quotation is based upon the usage of standard step-ladders to a Height of 2.0 meters. No allowance has been made for any additional access requirements unless otherwise stated.

  1. New Fuse Boards (Consumer Units)

2.1            Where works include the installation of a new consumer unit (fuse board), under Part P Building Regulations it is a legal requirement that the whole installation be tested to ensure it is safe to connect to the new unit. The basic cost for this is included in the installation cost.

2.2            Any faults found during the above testing which are deemed unsafe, must be rectified prior to that circuit being reconnected to any new consumer unit. Any costs for such work will be in addition to any previously quoted figure.  Such issues will be brought to the Customer’s attention as soon as is practical during works.  In particular it may be necessary to install new main services bonding to water, gas or oil supplies.

  1. Exclusions

3.1            The clearing and/or moving of machinery, furniture and other items blocking access to work areas are not included within the quote. Whilst we try to be as helpful as possible we will only do limited moving to create access and will not be held liable for damage to such items should such action be necessary.

3.2            We will try to ensure that electrical items are plugged back in and in working order before we leave the premises, however, we will not be held responsible for:

  • 2.1 any losses due to any electrical item not being plugged back in and/or switched on; or
  • 2.2 removal from site and disposal of general waste, rubble, materials, and packaging is included unless otherwise stated.

3.3            Our Quotation has been based solely on the specification and drawings provided. The quantities of equipment shown or described within these documents are the total of the items we have made allowance for. Alias defined in our schedule of quantities. These quantities require verification and acceptance of suitability and fitness for purpose by the Customer before order placement.

3.4            We have made no allowance for design development or design interpretation within our Quotation or with any of the incumbent Suppliers of Goods or Services. We have assumed that the design, depicted and described in the Tender Documentation, is full and complete. If the Design is found to be inadequate, in any matter, Andrews Electrical reserve the right to amend their Bid/costs accordingly.

3.5            We have based our bid on the assumption that the Project will be let as a whole. if at any stage of the Project elements of the work are removed, Andrews Electrical reserve the right to amend their costs in line with the revised commercial parameters.

3.6            We have based our bid on the assumption that the strip out of any existing electrical circuits and equipment will have no consequence to the electrical systems that are to be retained. If this found not to be the case, Andrews Electrical reserves the right to increase their costs in line with any modification or adaptation requirements.

3.7            We have based our bid on the assumption that we would have total autonomy in the selection of manufacturers, suppliers and sub-contractors relevant to the electrical services installation.

3.8            We have assumed that the building is maintained by skilled or instructed persons.

3.9            Due to the current volatile and fluctuating copper market, we cannot guarantee supply costs on copper cables. Any orders placed against quotations where the 30 day period has expired, may need price revisions dependant on copper prices at that time.

  1. Staged Works

4.1            Larger projects/projects involving a separate first and second fix will require staged payments comprising a deposit, interim payment and final payment on completion of all works.  If the completion of first/second fix is delayed by more than two weeks we have the right to invoice for works completed to that point and will pro-rata the invoice accordingly.  If applicable, such staged payments will be advised as part of the quotation.

4.2            First Fix:  Positioning and securing of cable management systems & accessory boxes.

4.3            Preparation and positioning of cables.

4.4            Second Fix:  Termination of conductors to accessories and protective devices

4.5            Certification and commissioning.

  1. Pricing

5.1            Estimated & Quoted costs assume continuous and unhindered access to the site by prior arrangement with the Customer.  In the event working hours are reduced due to Customer action causing us to make additional visits to site we have the right to charge for these additional visits.

5.2            In the event a Customer has asked for a breakdown of the works into component parts the estimated & quoted costs of each component will take into consideration an overlap of workings and the efficient use of engineers.  These component quotes will only be applicable if the entire works are carried out in the time frame discussed at the survey.  Where a Customer decides to only carry out some of the works or decides to split the work over a different time frame a new quote/estimate will be necessary and will be provided.

5.3            The quotation is based on a survey which is non destructive; as such and unless stated otherwise the costs quoted will assume a source of power and feed is present for any installations.  In the event we discover this not to be the case we will advise the Customer.  Additional work to trace and or supply a power feed or generator will be at additional cost to the Customer.

5.4            Where works comprise the changing of switches and sockets we will itemise those fittings visible during the survey.  Andrews Electrical will not be responsible or liable for switches and sockets which are subsequently found following the moving of machinery, equipment or furniture.

5.5            We will try to accommodate the additional replacements required but these will be charged as extras and may need to be carried out at a later stage if such items need to be ordered.

5.6            The Waste Electrical and Electronic Equipment (WEEE) Directive, introduced in 2007, governs how we behave in regards to recycling. Andrews Electrical will charge a non-profit waste disposal fee currently set at 15p per lamp for removal, disposal, and or recycling of hazardous waste (e.g. Mercury) which fall into this category; such as linear fluorescent lamps, compact fluorescents, HID lamps.