
Terms & Conditions
DEFINITIONS
In these Terms and Conditions the following expressions shall where the context so admits have the following meaning:-
‘The Agreement’ – the quotation and the acceptance together with these Terms and Conditions.
‘The Company’ – DICE Electrical Limited
‘The Customer’ – the person, firm or company which has accepted the quotation.
‘The Customers Equipment’ – such of the equipment listed in the quotation shall have been purchased by the customer and any other equipment from time to time installed in substitution thereof.
SUPPLY OF MATERIALS
1. The property in the Customers Equipment shall pass to the customer on the payment of all the money specified in the Quotation as being payable on or before the installation date.
2. NICEIC Certification will be handed over on receipt of outstanding balance payment.
CUSTOMER’S OBLIGATION
The customer shall:-
1. Give to the company access to the premises at all reasonable times for the purpose of doing anything which the company is entitled to do under the Agreement.
2. Notify the company forthwith (confirming such notice in writing) of any defect appearing in the installation and shall permit the company to take such steps as it shall consider necessary to remedy such defect.
3. Notify the company forthwith (confirming such notice in writing) of any changes in the installation and / or materials used
COMPANY’S OBLIGATIONS
Subject to due compliance by the Customer of its obligations under the Agreement, the company shall:-
1. Carry out at its own expense any repairs or replacement caused by any faulty materials or workmanship which have been notified to the company within one year of the installation date.
LIMITS OF COMPANY’S LIABILITY
The company accepts liability in respect of:-
1. Death or personal injury resulting from negligence of the company or its servants or agents when acting in the course of their employment by the company.
2. Damage and/or losses suffered by the customer and directly attributable to the failure of the customers equipment and/or the company’s equipment to perform the functions for which the same shall have been installed unless any such failure to perform shall have been due to malicious damage of the customers and/or the company’s equipment and provided always that the liability of the company under the sub-paragraph shall be limited to the amount necessary to make good any such damage and/or loss and shall not in any event exceed in total the sum of £10,000 inclusive of all costs and expenses and in this connection it is expressly agreed that the installation of the customers equipment and/or company’s equipment will not prevent the happening of any of the events warming in respect of which the customers equipment and/or the company’s equipment is intended to give and that the customer will maintain such insurance cover in respect of the premises and the contents thereof as would normally be maintained by a prudent householder. Providing the “Customers Obligation” has been complied with.
3. Breach by the company of any condition of warranty as to the title implied by the Sale of Goods Act, 1979 (‘the Act’).
4. Breach by the company of any terms as to the conformity with description or sample or as to its quality or fitness for any particular purpose, which may be implied by the Act except where the customer makes or holds himself out as making the Agreement in the course of a business (as defined by the Unfair Contract Terms Act, 1977).
5. Save as otherwise provided herein neither the company or any of its servants or agents or sub-contractors shall in any circumstances be liable for any loss or damage whatsoever whether direct of indirect and howsoever caused arising from or as a result of any misrepresentation made by or on behalf of the company to the customer, any breach by the company of the express or implied terms of the Agreement or (without prejudice to the foregoing) the operation or non-operation of the materials used.
GENERAL
1. If the customer shall commit any breach of the Agreement, including any failure to make any payment on the due date, the company may forthwith terminate the Agreement without prejudice to its rights to recover any sum due by the customer to the company. IF the Agreement shall be terminated by reason of any breach committed by the customer, the customer shall forthwith pay to the company by way of liquidated damages (in addition to any monies then due to the company).
2. On the termination of the Agreement for whatsoever reason, the customer shall permit the company to repossess the Company’s Equipment.
3. The company may assign all or any of its rights or obligations under the Agreement and perform any of its obligations through subcontractors or agents.
4. The Agreement supersedes and terminates any antecedent agreements relating to the electrical materials at the premises without prejudice to any liabilities or obligations of either party to the other outstanding upon such termination.
5. The company reserves the right to alter any component part or parts of the installation at its discretion at any time without notice. The company also reserves the right because of difficulties in obtaining supplies, to use at its discretion equipment and materials other than those specified.
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