1. Introduction
In this Agreement the following terms and phrases shall have the following meaning unless the context requires otherwise:
“The Company” Means The Big Green Electrical Company, Registered Number: 11005058
“The Customer” The person who buys or agrees to buy the Services/and or materials from the Company.
“The Engineer” The representative appointed by the Company.
These are the terms and conditions on which we supply services to you. The Company are bound by estimates given in writing to the Customer, we shall not be bound by any estimates given orally or in which manifest errors occur. For the purpose of these terms, ‘in writing’ includes by email and any document which is set out in a hand-held device and any signature on a hand held screen shall be treated as in writing.
2. Acceptance of work
These Conditions shall form the basis of the contract between the Company and the Customer in relation to the sale of Services.
All estimates sent via email, must be accepted via the link attached to the email, this is treated as a digital signature.
If we are unable to accept your work, we will inform you of this, at our discretion.
3. Your rights to make changes
If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4. Our rights to make changes
We may change the services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the services.
In addition, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
5. Price and payment
The price of the services (which includes VAT) will be the price we have agreed in writing. We take all reasonable care to ensure that the prices of services advised to you are correct. However please see below for what happens if we discover an error in the price of the services you order.
If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and not perform the services.
You may need to pay a deposit of 25% of the price of the Services, before we start providing them, dependant on the size of the job. We will invoice you for the balance of the price of the services or the full amount, when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice. We accept payment by bank transfer. Guarantees, extended warranties, certificate and any other documentation will not be provided until a full-balance is received.
If you do not make any payment to us by the due date, see above, we will charge interest of 3% above the Bank of England base rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know.
6. Providing the services
We will supply the services to you from the date agreed, when accepting our estimate. The estimated completion date for the services is as told to you during the quoting process.
If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8 will apply.
We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not provide us with this information, within a reasonable time of us asking for it, or you provide us with incomplete or incorrect information, we may either end the contract (clause 8) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- We may have to suspend the services to:
- deal with technical problems or make minor technical changes;
- update the services to reflect changes in relevant laws and regulatory requirements;
- make changes to the services as requested by you or notified by us to you (see clauses 4 and 5).
We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 months you may contact us to end the contract if we suspend the services and we will refund any sums you have paid in advance for services not provided to you.
If you do not pay us for the services when you are supposed to (see price and payment clause) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts.
All materials and equipment either installed or unused are the sole property of the supplier until all invoices have been settled in full. The supplier reserves the right to remove any materials or equipment if invoices are unpaid over a 30 day period.
Each quotation does not include the removal of rubbish, as this requires a licensed company we would ask that you request a separate quote for this service or you organise this yourself. Our contractors do not carry a license to dispose of waste materials so we can only remove very small items once the work is completed.
7. Your rights to end the contract
You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
However if you have already given written approval for the work to begin before the end of the cancellation period you may be required to pay for goods or services already provided.
If you wish to cancel the contract you must do so in writing and deliver it personally or send (which may be by electronic mail or post) this to us.
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, you have a right to cancel this contract during a period of 14 calendar days from the day this notice is sent or given to you. During that period if you choose to cancel the contract any money paid by you will be refunded.
If you are ending the contract for a reason as set out in points 1 to 5 below, then the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
- we have told you about an upcoming change to the services or these terms which you do not agree to (see above);
- we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
- there is a risk the services may be significantly delayed because of events outside our control;
- we suspend the services for technical reasons, or notify you are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
- you have a legal right to end the contract because of something we have done wrong.
If you are not ending the contract for one of the reasons set out above, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. Our rights to end the contract
We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
- you do not, within a reasonable time, give us access to your property to enable us to provide the services to you.
If we end the contract in the situations set out above we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. If there is a problem with the services
If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service team at 01252 229978 or by writing to us at helpme@biggreenelectrical.co.uk.
In the unlikely event there is any defect with the services:
- if remedying the defect is impossible or cannot be done within a reasonable time or without significant inconvenience to you we will refund the price you have paid for the services.
- in all other circumstances we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within 1 month.
10. Our responsibility for loss or damage suffered by you
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
11. How we may use your personal information
We will use the personal information you provide to us to:
- provide the services;
- process your payment for such services; and
- if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Limitation of Liability
Nothing in these Conditions shall limit or exclude the Company’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- defective products under the Consumer Protection Act 1987.
Subject to the above clause:
- The Company shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- the Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £50,000.
- After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
This clause 12 shall survive termination of the Contract.
13. Other important terms
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
