Charged Electrical Limited
(hereafter “the Company”)
1. TITLE
1.1 Title, or ownership, of any goods supplied and/or installed by the Company remains with the Company until payment in full has been received by the Company. However, risk and responsibility for the goods (including insurance responsibility) pass to the Customer immediately upon receipt/installation of the goods.
1.2 Should payment for any goods supplied and/or installed by the Company become overdue, the Customer hereby authorizes the Company, without prejudice to any other rights of action the Company might have, to enter any premises where the goods are thought to be held, whether locked or unlocked, to repossess the goods. In the case of installed goods, such as but not limited to alarm systems, the Company will remove individual components making up the installed system. The Company will not be responsible for any damage caused in entering the premises or in the removal of any installed goods, though the Company will attempt to minimize any such damage.
2. PRICES AND PAYMENT
2.1 Unless otherwise stated, Goods and Service Tax is not included in our prices and will be added to any stated price.
2.2 Payment in full must be made within 7 days following the date of the invoice. The Customer may not set off any payments owing to the Company against any payments owed by the Company to the Customer or any claims that the Customer may have against the Company.
2.3 In accepting any payment from the Customer, the Company will not be bound by any conditions or qualifications of terms attached to such payments. Payments expressed as full and final settlements will only be accepted by the Company as such if the Company communicates its specific acceptance in writing to the Customer of those terms; otherwise, any payment will be accepted as part payment of the total debt owing to the Company.
2.4 Without prejudice to any other rights of action the Company may have for late payment by the Customer, the Company may charge interest on a daily basis at a rate of 5% per month on overdue amounts until paid. Interest will accrue before and after any judgment the Company may obtain against the Customer. The Customer will also be liable to pay all of the Company’s expenses (including collection and solicitor’s costs) incurred in remedying the Customer’s failure to comply with these terms of trade.
2.5 The Company is not required to verify that any person using the Customer’s account has the Customer’s authority to do so. The Customer may not refuse to pay charges on the basis that the person using the account lacked the requisite authority.
2.6 The Company will cease work on any site or job immediately upon any overdue payment. The Company is not responsible or liable for any resulting delay.
3. CONSUMER LEGISLATION
3.1 Where the provisions of the Consumer Guarantees Act 1993 apply, these terms will be read subject to the Act. In case of any conflict, the provisions of the Act will apply. Where the Customer is a business (as defined by the Consumer Guarantees Act 1993), it agrees that it is acquiring all equipment and services for business purposes, and that the Consumer Guarantees Act 1993 does not apply.
4. ACCEPTANCE AND DURATION
4.1 By engaging the services of the Company, with either verbal or written consent, it must be assumed that the Customer has read and accepts these terms of trade.
4.2 These terms of trade remain in place as long as the Customer possesses the goods or services.
5. WARRANTY AND EXCLUSION OF LIABILITY
5.1 Where goods under warranty become faulty, the Company will, wherever possible, repair or replace such goods within 48 hours of written notification and during normal business hours.
5.2 Warranties on goods or services, unless otherwise stated, are for a maximum duration of 12 months.
5.3 Warranties do not cover acts of God or other circumstances beyond the Company’s control, including (without limitation) acts by third parties.
5.4 Any warranty becomes null and void if payment for goods/services, or subsequent services, is overdue. Notification of cessation of warranty is not required.
5.5 The Company will not be liable for any damage, loss, or injury caused due to misuse, malfunction, failure, inadequate coverage, poor installation techniques, or poor system design of supplied goods. Alarm systems serve only as a deterrent and not as property or personal protection or insurance.
5.6 Any equipment covered under warranty by the Company may only be serviced or adjusted by the Company. If equipment supplied by the Company is tampered with, adjusted, or serviced by any other party (other than in normal day-to-day use), any warranty will immediately become null and void.
5.7 In no circumstances will the Company be liable for any loss, damage, or injury arising directly or indirectly from services or materials supplied by the Company. In any case where the Company is found liable, the extent of liability will not exceed the original sale price. The Customer is not entitled to claim loss of profit, consequential damage, or loss arising out of any breach, except as specifically permitted by statute. Claims must be made in writing within 10 days of the event giving rise to the claim; otherwise, no claim of any nature may be made against the Company.
6. PRIVACY
6.1 The Company is authorized to obtain credit information about the Customer, its principals, and directors (if any) from credit reference agencies and to disclose credit information (including payment defaults) to credit reference and collection agencies or others seeking credit references. This information assists the Company in determining the Customer’s credit status. Failure to provide the requested information may result in credit refusal. Under the Privacy Act 1993, individuals have rights of access to and correction of personal information.
7. QUOTATIONS
7.1 Quotations issued by the Company are valid for 30 days from the date of issue.
7.2 The Company reserves the irrevocable right to withdraw a quotation where a genuine error has been made on the Company’s behalf.