Standard Terms & Conditions
Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01865684001.

 

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer, consumer or you).

2. We are Gifford’s Electrical Ltd a company registered in England and Wales under number 12009703 whose registered office is at 17 Roman Place, Tackley, OX5 3FR with email address info@giffordselectricalltd.co.uk; telephone number (01865684001) (the Supplier, us or we).

3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

 

Interpretation

4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

5. Contract means the legally-binding agreement between you and us for the supply of the Services;

6. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer’s order for the Services from the Supplier as set out overleaf;

9. Services means the services, including any Goods, of the number and description set out in the Order.

 

Services

10. The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any Goods supplied.

11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

12. All Services are subject to availability.

13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

 

Customer responsibilities

14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

 

Basis of Sale

16. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.

17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.

19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

21. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

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Fees and Payment

22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.

23. Fees and charges include VAT at the rate applicable at the time of the Order.

24. Payment for Goods / Services must be made within 1 day of invoice unless otherwise agreed prior in writing. You must pay Bank transfer, cash, credit or debit card via mobile card machine or by submitting your credit or debit card details to our online payment partner SquareUp.

25. Any special order materials will require payment in full before the order is placed. These items are non-refundable.

26. For larger works spanning multiple visits will require a deposit of 50% to be paid within 5 days of the quotation or estimate being accepted. 25% to be paid after completion of first fix and the remaining 25% to be paid upon completion with any additions or extras to be invoiced separately. No works will continue until each stage has been paid.

27. A late fee of 30% per year calculated daily will be applied to any and all invoices not paid in the agreed timescales. Payment reminders will be sent on day 5, 10, 15 & 30. On day 31 if payment has not been received then the debt will be passed on to our collection team at Redwood Collections and will be subject to additional charges.

a. Stage 1 consists of a cycle of letters, phone calls and emails to the debtor using the threat of legal proceeding to persuade the debtor to pay. We will send 3-4 letters that escalate in severity. An additional charge of 15% will be added to the outstanding amount at this point.
b. Stage 2 a Letter Before Action from our solicitor advising of imminent legal action will be sent. A maximum of 2 LBA’s will be sent at a cost of £27.50 plus VAT per letter. If the debtor settles at this stage the additional 15% charge plus the cost for the 2x solicitors letters will be applied.
c. Stage 3 legal action to be taken with all additional costs to be transferred to the debtor.

 

Delivery

28. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

a. in the case of Services, within a reasonable time; and
b. in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.

29. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

30. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

31. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.

32. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

33. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

34. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

35. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

36. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

 

Certification

37. Work that is notifiable to Local Authority Building Control under Part-P of the Building Regulations will be processed on your behalf through my membership of NICEIC and you will be provided with all the relevant certification paperwork upon completion.*

38. Where work falls under the scope of BS7671, electrical certification will be provided upon completion.*

39. All supplied certification will satisfy Local Authority Building Control, your insurers, surveyors, estate/letting agents, solicitors, other electricians and any other interested parties now or in the future.

40. Certification and any other handover paperwork will be presented at the end of the project once you have accepted the work has been completed to your satisfaction and that no further alterations or additions are required as part of an itemised scope of works or job booking.

41. Certificates or reports may be rescinded and left invalid for insurance purposes if an invoice relating to the work they cover is not paid in full.

*Whoever performs your electrical work should furnish you with a signed electrical certificate and, if required, a Building Regulations Certificate of Compliance. These documents mean the installer accepts the legal liability for having performed the installation correctly. If you aren’t given the correct certification, you are legally liable for any incidents or accidents as a result of the work having been performed improperly.

 

Miscellaneous

42. Variations to the scope of works may be made at any time but may alter quoted/estimated pricing depending on the impact on time and materials.

43. Materials can be itemised on the invoicing so that you can keep track of the costs.

44. Working days are based on 7.5 hours which includes time for planning, packing/unpacking tools & materials and sourcing materials from suppliers when required.

45. SimPro job management is used to determine time on site for billing purposes.

46. Work booked outside of a OX postcode may attract additional travel time costs or have the travel time factored into the working day.

47. Estimates and quotes are based on calculated costs of known materials and the likely installation time. Invoice costs may vary from estimated pricing within reason or where there have been unforeseen circumstances outside of our control.

48. Emergency work may consist of getting a site into safe temporary use, wholly or partially until a further appointment can be made.

49. Where security equipment such as CCTV and intruder alarms have been installed, Gifford’s Electrical Ltd. accepts no liability for loss, injury or damage resulting from the malfunction, failure or deliberate disarming of such equipment. Burglar alarms and CCTV assist in crime prevention and are installed only as a deterrent, not a failsafe.

 

Other trades

50. Where practicable, it is recommended that any electrical work is booked for a time when other trades are not present in order to avoid logistical issues (site parking, suitable working room, reduction of trip hazards etc.), as well as issues surrounding our need to isolate power which may be required for tools or lighting others may be using.

51. If we’re required to work on a project in conjunction with other trades of a client’s choosing such as a builder, plumber etc., it will be assumed the client has performed due diligence to ensure third party trades are properly insured and accredited and that they will conduct their work in a professional manner. If any other trade on site exhibits working practices which are considered to be dangerous, unprofessional or in any way unworkable or incompatible with the working standards of Gifford’s Electrical Ltd., the right is reserved to postpone or cancel in full any scope of works or booked job with charges levied for any time and materials supplied to date.

52. Projects involving multiple days such as full building refurbishments and rewires where the planning is being overseen by a third party must nominate a project manager responsible for relaying up-to-date information on scheduling, delays and client expectations to Gifford’s Electrical Ltd. Where planning is lacking and results in missed deadlines or delays which risk affecting scheduling arrangements for other clients of Gifford’s Electrical Ltd., the right is reserved to postpone or cancel in full any scope of works or booked job with charges levied for any time and materials supplied to date.

 

Site specific

53. Unless specified otherwise, the term “outlets” when written on a scope of works refers to standard twin socket outlets located at a ‘standard height’, e.g. to match the height of existing accessories in a room, low level for living areas and mid-level for kitchen worktops.

54. Standard outlets are not decorative, USB enabled or fitted with smart technology. The term ‘outlets’ does not apply to non-standard locations such as in cupboards/under work surfaces or high level sockets or fuse points for TV’s, extractors, RCD points or other accessories which, if included, will be listed separately and explicitly on the scope of works.

55. Where attic access is required, it is assumed there is suitable room to move, that the attic is not full of items, there are no vermin, that cables are accessible and that the floor has not been boarded. Where this is not the case, additional time may be required to work around such issues.

56. Where work needs to take place, it will be expected that furniture will have been cleared beforehand to allow reasonable access for personnel and tools. Should any furniture require moving, no responsibility is accepted for damage and time incurred would be chargeable. Should it not be possible or practical to move furniture or obstructions due to fragility, amount, weight, security of fixings or any other factors then it may become necessary to postpone or abandon the proposed scope of works without notice.

57. It is assumed the existing electrical installation is fault-free and that no remedial work is required before modifications can be made. If faults or issues are uncovered during inspection & testing or at any time during the installation work, then you will be made aware of the problem and of your options. Any remedial work found necessary to allow the modification and certification of the installation may incur additional costs for time and materials.

58. Parking, congestion or other vehicle related charges, where applicable, will be added to the final invoice.

59. Power may be interrupted at any time and for prolonged periods. Sensitive equipment such as computers or important health monitoring devices should be taken offline or pointed out to us before work commences. Any important or critical systems or appliances should be made known at the start of work and checked at the end by the client to ensure they have power and are operating correctly. Gifford’s Electrical Ltd. will not be responsible for inconsequential loss or damage as a result of necessarily disconnecting the power in order to undertake the required work.

60. Gifford’s Electrical Ltd. staff will supply their own access equipment for use on site unless circumstances dictate specialist or more accessible client provided access equipment has been authorised for use either verbally or in writing. Where a client supplies access equipment such as high ladders, high step ladders, loft ladders, scaffolding or other platform arrangements, it is assumed such equipment is fit for purpose and can be operated or used as designed/erected/installed with no risk to personnel or property. The client shall be liable for the safety and maintenance of their own provided access equipment, and for informing employees of Gifford’s Electrical Ltd. of any operational issues or limitations which may cause injury or damage if not adhered to. Where access equipment has been set up on site, Gifford’s Electrical Ltd. does not authorise or allow any third party use. Any unauthorised operation, use, movement, alteration or interference with said equipment is at the individual’s own risk.

61. Removing power from an appliance, especially one that is near its end of life can sometimes result in it failing to switch back on or operate correctly afterwards. Gifford’s Electrical Ltd. will not be responsible for inconsequential loss or damage as a result of the incorrect operation of any appliance upon the restoration of power.

62. For businesses it is the clients responsibility to ensure all important or business-critical systems are operational following works and before trading begins.

63. Equipment assets belonging to Gifford’s Electrical Ltd. including (but not limited to) portable lighting and extension leads left on site for the benefit of third parties such as other trades are required to be returned complete, operational, intact and in no worse condition than when supplied. Missing or damaged items of equipment may be charged for.

 

Decorative

64. Stud walls may have to be opened if there is internal construction such as a noggin in the way of the wiring route.

65. Modifications to or removal of existing accessories either for replacement or inspection may result in minor chipping of plaster or paintwork which may require correction by third parties not accounted for in this scope of works.

66. Where carpeting or flooring is to be lifted, every effort will be made to avoid damage and refit to an acceptable standard, however a professional may be required to refit.

67. Wall chases will be left unfilled and will require correcting by third parties not accounted for in this scope of works.

68. Drilling of brickwork may result in ‘blowing’ of the brick face. This will be avoided where possible and covered over with an aesthetic solution afterwards if necessary.

69. Every effort will be made to minimise dust, however sensitive or valuable items should be removed from the working area or covered by the client to their own satisfaction before work commences.

70. Basic tidying and vacuuming will occur at the completion of work, but additional wiping down, especially of food preparation surfaces, should be undertaken by the client once the site has been vacated.

71. Repairs to decorative finishes such as wall chases is outside of the scope of works and may require professional attention.

72. New accessories may not match the footprint of old resulting in painting or other decorative finishing being required which would be outside of the scope of works.

 

Final accessories

73. Accessories such as light switches are assumed to be in a white plastic finish unless a decorative option has been specified.

74. White plastic accessories are usually based on the rounded corner range. Decorative accessories, if desired, may incur additional purchase costs.

75. We reserve the right to refuse to install any client-supplied accessories that appear to be damaged, not made to British or European standards or which would be unsuitable for the intended application.

76. No consumer unit (fuse box) upgrade can take place without the electrical installation first being fully tested and inspected as part of an Electrical Installation Condition Report, and any serious issues that may be uncovered then rectified.

77. Where accessories have been sourced or supplied by parties other than Gifford’s Electrical Ltd., please open the packaging and inspect for missing parts or carriage damage. Gifford’s Electrical Ltd. cannot be held responsible for items that have not been inspected and subsequently show signs of damage or missing component parts upon unpackaging.

78. Where a spur accessory is fed from an existing accessory, it is assumed the existing accessory is not already a spur, otherwise a fuse point may have to be installed with associated costs that will not have been factored into the scope of works unless otherwise stated.

 

Risk and Title

79. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

80. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

 

Conformity and Guarantee

83. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

84. Upon delivery, the Goods will:

a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

85. It is not a failure to conform if the failure has its origin in your materials.

86. We will supply the Services with reasonable skill and care.

87. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

88. We will provide the following after-sales service: The supplier will continue to provide a 2 year warranty on goods and services supplied subject to payment being made no later than 5 days after invoice has been sent. Should the consumer fail to pay within the 5 days of the invoice then the standard manufactures warranty on goods supplied will take effect with no warranty on services.

89. No warranty will be provided for goods supplied by the consumer. If the consumer has ordered goods for the works then it is their responsibility to open the goods and ensure they are damage free. We can refuse to install any goods not supplied by us without out any explanation.

90. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

 

Duration, termination and suspension

91. The Contract continues as long as it takes us to perform the Services.

92. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.

93. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

 

Privacy

94. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

95. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.

96. For the purposes of these Terms and Conditions:

a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR97. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

98. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being
collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

99. For any enquiries or complaints regarding data privacy, you can e-mail: info@giffordselectricalltd.co.uk.

 

Successors and our sub-contractors

100. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

101. In the event of any failure by a party because of something beyond its reasonable control:

a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.

 

Excluding liability

102. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

103. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

104. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.

105. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.