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BSJ ELECTRICAL LIMITED – TERMS AND CONDITIONS OF BUSINESS

Effective Date: 1 October 2024

 

1. Definitions

1.1 “Company” means BSJ Electrical Limited (registered in England & Wales under company number 11977439) whose registered office is 395 Baddow Road, Great Baddow, Chelmsford, Essex, CM2 7QJ, England.

1.2 “Client” means any individual, firm, company or other entity that contracts or seeks to contract with the Company.

1.3 “Services” means the electrical installation, repair, inspection, testing, certification, maintenance or other services to be provided by the Company as described in the Quote or otherwise agreed in writing.

1.4 “Quote” means the document (whether hard‑copy or electronic) issued by the Company describing the Services, estimated price and anticipated schedule.

1.5 “Agreement” means these Terms together with the accepted Quote and any written variations agreed by both parties.

2. Formation of Contract

2.1 A Quote issued by the Company constitutes an invitation to treat only and remains open for acceptance for thirty (30) days unless withdrawn earlier.

2.2 The Client’s written, oral or electronic instruction to proceed constitutes acceptance of the Quote and these Terms. Upon such acceptance an Agreement is formed to the exclusion of all other terms.

3. Quotes & Variations

3.1 Unless expressly stated, all Quotes are estimates and not a fixed price. The total price may vary where:

(a) site conditions differ from those reasonably anticipated;

(b) the Client requests alterations, additions or accelerated performance; or

(c) material costs change prior to procurement.

3.2 The Company will notify the Client of any anticipated increase in price. No variation shall bind either party unless confirmed by the Company in writing. The Client shall pay any resulting increase in charges.

4. Scope of Services

4.1 The Company shall carry out the Services with reasonable skill and care in accordance with applicable UK regulations, including BS 7671 and Part P of the Building Regulations where relevant.

4.2 Any dates for commencement or completion are estimates and time shall not be of the essence unless expressly agreed in writing.

4.3 The Client shall provide clear, safe and unobstructed access to the site and shall ensure that all required services (including, without limitation, water, electricity and lighting) are available free of charge.

5. Materials, Risk & Title

5.1 All goods and materials supplied by the Company shall remain the property of the Company until the Client has paid all sums due in full.

5.2 Risk in such goods passes to the Client on delivery to site. The Client shall insure goods accordingly.

5.3 Where title has not passed, the Company may, on giving the Client reasonable prior notice, enter the Client’s premises during normal working hours to recover its goods, and the Client shall ensure the Company has safe access for that purpose.

6. Charges & Payment

6.1 Unless otherwise agreed in writing, invoices are due and payable immediately on completion of the Services.

6.2 The Company may require a deposit or staged payments as set out in the Quote. Any deposit is non‑refundable except where the Company fails to commence the Services through no fault of the Client.

6.3 If any sum remains unpaid thirty (30) days after the invoice date, interest shall accrue on the outstanding balance at 10 % per calendar month (compounded monthly) or, where the Late Payment of Commercial Debts (Interest) Act 1998 applies, the statutory rate under that Act, whichever is higher for business Clients (and the statutory rate for consumer Clients). Interest runs until payment is received in full.

6.4 The Client shall not be entitled to make any deduction or set‑off.

6.5 Suspension & Withholding Certificates – The Company may suspend the Services and/or withhold any completion certificates, reports or other documentation until all overdue sums (including interest and charges) are paid in full.

6.6 Fixed Recovery Costs – In addition to interest, the Client shall pay the fixed sums (£40/£70/£100) and the Company’s reasonable recovery costs permitted by the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

6.7 Failed Payment Fee – An administrative charge of £25 will be added to the balance for each cheque, direct‑debit or card payment that fails or is dishonoured for any reason.

7. Warranty

7.1 The Company warrants that the Services will be free from defects in workmanship for a period of twelve (12) months from completion (the “Warranty Period”).

7.2 The warranty is conditional upon:

(a) payment in full of all sums due;

(b) prompt written notice of the defect within the Warranty Period; and

(c) the Client not altering, repairing or allowing any third party to interfere with the installation without the Company’s prior written consent.

7.3 The warranty excludes:

(i) defects arising from misuse, neglect, accident, pest damage, Acts of God or abnormal conditions;

(ii) materials or equipment supplied by the Client or third parties; and

(iii) normal wear and tear.

7.4 The Client’s statutory rights are not affected.

8. Liability

8.1 Nothing in this Agreement limits or excludes the Company’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be limited.

8.2 Subject to clause 8.1, the Company’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price paid for the Services that gave rise to the claim.

8.3 The Company shall not be liable for:

(a) defects in existing installations; or

(b) loss of profit, loss of business, or any indirect or consequential loss.

9. Cancellation by Client

9.1 If the Client cancels the Agreement less than 24 hours before the agreed start date, the Company reserves the right to charge all reasonable costs incurred, including labour and materials.

10. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control.

11. Data Protection

11.1 The Company processes personal data in accordance with UK data‑protection legislation. Full details are set out in the Company’s Privacy Policy, available on request or at https://www.bsjelectrical.co.uk/privacy‑policy.

12. Dispute Resolution

12.1 Any dispute or difference arising under this Agreement with a value of £10,000 or less may, at either party’s option, be referred to the NICEIC Mediation Service (or such successor scheme) before court proceedings are issued.

12.2 Nothing in this clause prevents either party from seeking injunctive relief or from issuing proceedings where limitation periods are at risk of expiry.

13. Client Obligations & Limitations

13.1 The Client warrants that the site is free from hazardous or contaminated materials, including (without limitation) asbestos. Discovery of such materials shall constitute a variation, and all associated costs (including delays) shall be borne by the Client.

13.2 The Client is responsible for obtaining all consents, permits or licences required for the Services (including planning, landlord and building‑control approvals). Delay arising from any failure to obtain such consents shall be treated as a Client‑caused delay and may result in additional charges.

13.3 Limitation Period – No claim (whether in contract, tort or otherwise) shall be brought by the Client more than twelve (12) months after the cause of action arose.

14. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and representations.

15. Severance

If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, and the remaining provisions shall continue in full force and effect.

16. Regulatory Compliance

16.1 The Company is registered with NAPIT (National Association of Professional Inspectors and Testers) under the Competent Person Scheme for electrical work in England & Wales (registration no. 62168). Proof of current membership can be supplied on request.

16.2 All notifiable electrical work will be self‑certified to the relevant Building Control body under Part P, and the appropriate Electrical Installation Certificate or Condition Report will be provided to the Client.

17. Waiver

No failure or delay by either party to exercise any right or remedy under this Agreement shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict further exercise of that or any other right or remedy.

18. Rights of Third Parties

A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

19. Governing Law & Jurisdiction

This Agreement and any dispute or claim (including non‑contractual disputes or claims) 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 Wales, and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

© BSJ Electrical Limited — All rights reserved.