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JAC Electrical Services UK Ltd. TERMS AND CONDITIONS
JAC Electrical Services (the “Service Provider”) provides electrical testing, installation, and maintenance as well as catering equipment servicing and repairs to business clients. The Service Provider has reasonable skill, knowledge and experience in that field. These Terms and Conditions shall apply to the provision of services by the Service Provider to its clients.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise enquires, the following expressions have the following meanings:
|“Agreement”||Means our acceptance of the order given by the Client either verbally, via email or electronic system; this forms the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services;|
|“Business Day”||Means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England;|
|“Callout”||Means the fee applied to a new job on the first attendance to site, this may be inclusive or exclusive of the fee for any time spent on site;|
|“Client”||Means the party procuring the Services from the Service Provider who shall be identified in the Agreement;|
|“Commencement Date”||Means the date on which provision of the Services will commence, as defined in the Agreement;|
|“Confidential Information”||Means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);|
|“Data Protection Legislation”||Means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;|
|“Deposit / Pro-Forma”||Means payment taken in full or part for Clients order in advance of any works commencing or purchasing of materials;|
|“Fees”||Means the total of all sums payable which shall be shown on the invoice issued in accordance with Clause 4 of these Terms and Conditions;|
|“First Attendance”||Means the first visit to site in relation to a job following a Client’s order;|
|“Job”||Means the complete rendering of the Services;|
|“Next Visit Job”||Means a job which is specified by the client as a ‘next visit’ attendance and should be carried out alongside the first visit of a new job on which a callout fee is applicable;|
|“Order”||Means the Client’s initial request to acquire the Services from the Service Provider as set out in Clause 2 of these Terms and Conditions;|
|“Quotation”||Means a quotation detailing proposed fees and services supplied to the Customer in accordance with Clause 2 of these Terms and Conditions;|
|“Quoted fee”||Means the Fee which will be quoted to the Customer following the Order which may vary according to the actual work undertaken as set out in Clause 4 of these Terms and Conditions;|
|“Return Visit”||Means a visit to site following initial diagnosis for the purposes of further diagnosis or to carry out works identified on the first attendance;|
|“Services”||Means the electrical testing, installation, and maintenance as well as catering equipment servicing and repair services provided by JAC Electrical Services as detailed in Clause 2 of these Terms and Conditions;|
|“Term”||Means the term of the Agreement as defined therein; and|
|“Visit”||Means any occasion, scheduled or otherwise, on which the Engineer shall visit the Property to render the Services.|
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions or to a Clause of the Agreement, as appropriate; and
1.2.5 a “Party” or the “Parties” refer to the parties to the Agreement.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
1.6 References to persons shall include corporations.
2. Provision of the Services and Orders
2.1 With effect from the Commencement Date, the Service Provider shall, throughout the Term of the Agreement, provide the Services to the Client.
2.2 The Service Provider accepts orders for Services through emails, telephone or other electronic system as agreed with the customer.
2.3 When placing an Order the Customer shall set out, in detail, the Services required
2.4 JAC Electrical Services may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the Job nor to guarantee specific results.
2.5 If a Quotation is requested this will be raised by the Service Provider and sent to the Customer by email which shall set out the required Deposit and Fee, detailed in Clause 4. Quotations are valid for one calendar month only and are subject to withdrawal or revision at any time before works commence.
2.6 The Service Provider shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the Electrical installation and Catering equipment service sector in the United Kingdom.
2.7 The Service Provider shall act in accordance with all reasonable instructions given to it by the Client provided such instructions are compatible with the specification of Services provided in the Agreement.
2.8 The Service Provider shall be responsible for ensuring that it complies with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
2.9 The Service Provider may, in relation to certain specified matters related to the Services, act on the Client’s behalf. Such matters shall not be set out in the Agreement but shall be agreed between the Parties as they arise from time to time.
2.10 The Service Provider shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the Fees that may be due as a result of such changes.
2.11 JAC Electrical Services warrants that they are registered with a recognised and authorised self-certification scheme and shall ensure that any and all sub-contractors engaged in accordance with Sub-Clause 2.12 shall also be so registered.
2.12 The Service Provider shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Service Provider.
2.13 Following completion of the Job the Customer shall have a period of 7 days within which to inspect the completed work and to notify the Service Provider of any defects.
3. Client’s Obligations
3.1 The Client shall use all reasonable endeavours to provide all pertinent information to the Service Provider that is necessary for the Service Provider’s provision of the Services.
3.2 The Client may, from time to time, issue reasonable instructions to the Service Provider in relation to the Service Provider’s provision of the Services. Any such instructions should be compatible with the specification of the Services provided in the Agreement.
3.3 In the event that the Service Provider requires the decision, approval, consent or any other communication from the Client in order to continue with the provision of the Services or any part thereof at any time, the Client shall provide the same in a reasonable and timely manner.
3.4 If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the Client’s responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).
3.5 The Client shall ensure that the Service Provider can access the Property at the Agreed Times to render the Services.
3.6 Any delay in the provision of the Services resulting from the Client’s failure or delay in complying with any of the provisions of Clause 3 of the Agreement shall not be the responsibility or fault of the Service Provider.
4. Fees, Payment, Deposits and Records
4.1 The Client shall pay the Fees to the Service Provider in accordance with the provisions of the Agreement.
4.2 The Service Provider shall invoice the Client for Fees due in accordance with the provisions of the Agreement.
4.3 All payments required to be made pursuant to the Agreement by either Party shall be made within 30 Days of receipt by that Party of the relevant invoice.
4.4 All parts and materials provided by the Service Provider remain the property of the Service Provider until payment is received in full.
4.5 All payments required to be made pursuant to the Agreement by either Party shall be made in Pounds Sterling in cleared funds to such bank in the UK as the receiving Party may from time to time nominate, without any set-off, withholding or deduction except such amount (if any) of tax as that Party is required to deduct or withhold by law.
4.6 Where any payment pursuant to the Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day.
4.7 Any sums which remain unpaid following the expiry of the period set out in sub-Clause 4.3 of the Agreement shall incur interest on a daily basis at 8% above the base rate of The Bank of England obtaining at the time under the Late Payment of Commercial Debts (Interest) Act until payment is made in full of any such outstanding sums.
4.8 Each Party shall:
4.8.1 keep, or procure that there are kept, such records and books of account as are necessary to enable the amount of any sums payable pursuant to the Agreement to be accurately calculated;
4.8.2 at the reasonable request of the other Party, allow that Party or its agent to inspect those records and books of account and, to the extent that they relate to the calculation of those sums, to take copies of them;
4.9 The Service Provider reserves the right to request a Deposit following acceptance of a Quotation. This must be received prior to commencement of works, Orders shall not be deemed confirmed until the Deposit is paid in full.
4.10 Subject to the provisions of Clause 9 the Deposit shall be non-refundable.
4.11 The Quoted Fee shall include the price payable for the Services and for the estimated sundry parts and other products required to render the Services. If additional sundry parts and other products are required these shall be included on the final invoice
4.12 In the event that the price of sundry parts and other products or services increases during the period between the Customer’s acceptance of the Quotation and the commencement of the Services, the Service Provider shall inform the Customer of such increase and of any difference in the Final Fee.
4.13 Callout rates:
4.13.1 Jobs logged as an ‘emergency’ or ‘major’ will be charged at the agreed emergency/ major rate if attended within the specified time parameters.
4.13.2 A return visit to site with parts is not classed as a ‘next visit’ if site would like a ‘next visit’ job attending while on site for a return visit then a callout fee applies
4.13.3 A job added whilst and engineer is on site for a return visit is classed as a new call and a callout fee applies
4.13.4 If a return visit to fit parts supplied by the customer after a diagnosis by JAC Electrical is requested then a callout fee applies
4.13.5 A late night out of hours premium applies if the site requires an attendance between 22.00- 06.00, charged at the agreed rate.
5. Liability, Indemnity and Insurance
5.1 The Service Provider shall ensure that it has in place at all times suitable and valid insurance that shall include public liability insurance.
5.2 The Service Provider shall not be liable for any loss or damage suffered by the Client that results from the Client’s failure to follow any instructions given by the Service Provider.
5.3 Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Service Provider’s liability for death or personal injury.
5.4 The Client shall indemnify the Service Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Service Provider) caused by the Client or its agents or employees.
5.5 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.
6.1 The Service Provider shall guarantee that the product of all Services provided will be free from any and all defects for a period of 30 days following the completion of the works
6.2 If any defects in the product of the Services appear during the guarantee period set out in Sub-Clause 6.1 the Service Provider shall rectify any and all such defects. This is subject to manufacture parts only warranty and additional labour may be chargeable to the client.
7.1 Each Party undertakes that, except as provided by sub-Clause 7.2 of the Agreement or as authorised in writing by the other Party, it shall, at all times during the continuance of the Agreement and after its termination:
7.1.1 keep confidential all Confidential Information;
7.1.2 not disclose any Confidential Information to any other party;
7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information; and
7.1.5 ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 of the Agreement.
7.2 Either Party may:
7.2.1 disclose any Confidential Information to:
184.108.40.206 any sub-contractor or supplier of that Party;
220.127.116.11 any governmental or other authority or regulatory body; or
18.104.22.168 any employee or officer of that Party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by the Agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body under sub-Clause 22.214.171.124 or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms of Clause 7 of the Agreement, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and
7.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information that is not public knowledge.
7.3 The provisions of Clause 7 of the Agreement shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.
8. Force Majeure
8.1 No Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
8.2 In the event that a Party to the Agreement cannot perform their obligations hereunder as a result of force majeure for a continuous period of 60 days the other Party may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all Services provided up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.
9.1 The Client may cancel or reschedule the Job at any time before the first attendance. The following shall apply to cancellation or rescheduling:
9.1.1 The Client may cancel the Job before first attendance the Service Provider shall issue a full refund of all sums paid, including the Deposit. Unless specific materials have been purchased then the cost of the materials will be deducted or invoiced to the client and the parts supplied to the client
9.1.2 If the Client reschedules the Job before the first attendance the Service Provider shall retain all sums paid, including the Deposit and shall deduct all such sums from any related balance payable on the rescheduled Job
9.2 If the Client cancels a job that is already in progress any works already carried out and material used will be chargeable and will be deducted from any deposit or pro-forma payment or invoiced as appropriate to the client.
9.3 The Service Provider may cancel the Job at any time before the first attendance and shall refund all sums paid, including the Deposit or Pro-forma payment;
10. Data Protection
10.1 All personal information that the Service Provider may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Client’s rights under the GDPR.
10.2 For complete details of the Service Provider’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Client’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Service Provider’s Privacy Notice available from www.jacelectrical.co.uk/privacy-policy/
11. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
12. Further Assurance
Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the Agreement into full force and effect.
Subject to any provisions to the contrary each Party shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of the Agreement.
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
The times and dates referred to in the Agreement shall be for guidance only and shall not be of the essence of the Agreement and may be varied by mutual agreement between the Parties.
16. Relationship of the Parties
Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
17.1 Neither Party shall, for the Term of the Agreement and for a defined period of 6 months after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the other Party at any time in relation to the Agreement
17.2 Neither Party shall, for the Term of the Agreement and for a defined period of 6 months after its termination or expiry, solicit or entice away from the other Party any customer or client where any such solicitation or enticement would cause damage to the business of that Party
18. Third Party Rights
No part of the Agreement shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
19.1 All notices under the Agreement shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
19.2 Notices shall be deemed to have been duly given:
19.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
19.2.2 when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
19.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
19.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid. In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
20. Entire Agreement
20.1 The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
20.2 Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Agreement may be entered into in any number of counterparts and by the Parties to it on separate counterparts each of which when so executed and delivered shall be an original, but all the counterparts together shall constitute one and the same instrument.
In the event that one or more of the provisions of the Agreement and/or of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement and/or these Terms and Conditions. The remainder of the Agreement and/or these Terms and Conditions shall be valid and enforceable.
23. Dispute Resolution
23.1 The Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
23.2 If negotiations under sub-Clause 23.1 do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
23.3 If the ADR procedure under sub-Clause 23.2 does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
23.4 The seat of the arbitration under sub-Clause 23.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
23.5 Nothing in this Clause 23 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
23.6 The decision and outcome of the final method of dispute resolution under this Clause 23 shall be final and binding on both Parties.
24. Law and Jurisdiction
24.1 The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
24.2 Subject to the provisions of Clause 23 of the Agreement, any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
We have worked with JAC for many years. Customer service is absolutely
outstanding. All our issues are dealt with efficiently and on time which is essential in our fast
moving business. Professional company with a friendly personal attitude.
Nick Jackson, QA/H&S Manager, Uni Packaging St Helens
JAC Electrical Services UK Ltd have always provided us with an exceptional level of service, they have
always been very reliable and responded promptly to both reactive and emergency calls, I would
highly recommend their services.
Jim Shakesby Blue Seal Technical service Manager
We had an issue with our large gas oven and had a couple of companies attend to fix the problem. Each of them advised us as it was a commercial unit their domestic skills would not be sufficient to solve the problem. The matter was urgent as we had a Gentleman’s Dinner for 80 to host in the near future… no oven - no food. We contacted the manufacturer of the oven and they recommended JAC Electrical Services. Once contacted their engineer soon attended and within minutes was able to advise us of the problem & the solution. The spare parts were ordered and he was back within a few days to complete the repair. I dealt with Stephen on the phone and Tony was the engineer, I cannot praise them enough for the professional manner in which they conducted themselves and for a job well done. I would certainly use them again should the situation arise.
Dave Sanders, Secretary Manager Reddish Vale Golf Club