Terms and Conditions
Terms and Conditions
The following Terms & Conditions apply to all of our work and we assume acceptance by the client upon hiring us for a job.
Starks Electrical reserves the right to amend the following Terms and Conditions at any time and without notice. The most recent version can be found at www.starkselectrical.co.uk/terms
1. Installation Work
a. All electrical installation work will comply with BS7671 and any amendments in force at the time of the works.
b. All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
c. All work will be tested, certified and notified to the local authority if applicable, certificate will be sent only once all works have been paid in full.
d. Where flooring coverings may require lifting to allow concealed installation work, no charge is made for this service, with best endeavours being made to avoid damaging them and to refit them to an acceptable standard.
e. All endeavours will be made to undertake installation work to a clean standard, using dustsheets and cleaning equipment as necessary.
f. Whilst undertaking the installation work at the property, the client is required to provide water and power free of charge
g. Starks Electrical working hours are 8am-4pm, Monday – Friday exclusively. Any overtimes and deviations to this are exclusively on our discretion. The client reserves the right to refuse any works out of the above working hours and must inform us on commencement of the works.
2. Exclusions
a. Clearing and/or moving of furniture and other items blocking access to work areas are not included.
b. Except where detailed, we do not fill in any holes or chases, this is not my profession.
c. Re-decoration and final making good is excluded from quoted costs, unless specifically detailed as included.
d. Removal from site and disposal of rubble, fittings, wiring, materials, general waste and packaging is not included.
e. Provision of scaffolds and access towers if that becomes necessary
3. Extras and Variations
a. All extras and variations must be agreed in writing prior to commencement.
b. Any additional works not covered in our quoted costs may attract additional charges.
4. Pricing
a. The costs quoted assume continuous and unhindered access to the site by prior arrangement with the client.
b. All figures quoted are valid for 30 days from the date of the estimate or quote.
5. Deviations from Building Regulations and BS7671
All work where applicable, will be executed fully in compliance with applicable Building Regulations and BS7671 in force at the time of the work, particularly in respect of work in dwellings to allow the legal Part P obligations to be met. Where a client requires deviation from such regulations, a written instruction and record will be required. A risk assessment will need to be conducted by a third party for this purpose.
6. Risk and Title of Goods and Property
a. The risk in all goods supplied shall pass to the client upon delivery.
b. The client is responsible for ensuring that the property is insured for the duration of the installation work.
7. Warranty
Starks Electrical offers a lifetime warranty of its installation work to be defect-free from certification date. T&Cs apply (See below).
8. Payments
a. For any work over £200 a 30% security deposit is required to secure a starting date. A higher deposit may be required depending on the nature of the job (e.g unusually higher cost on materials).
b. The remaining balance is payable on completion
c. On bigger sized jobs (e.g. rewires) stage payments will be required. This will be to our digression.
d. We accept payments only by the following ways: Bank transfer, cash, debit cards.
e. All payments must be cleared upon completion from invoice date, unless agreed otherwise. In the case of stage payments, no further works will take place until payments are cleared.
f. If an invoice has not been cleared within 48 hours, or other agreed time, Starks Electrical reserves the right to start debt collection procedures which may attract additional costs to the client.
9. Deposit Terms
a. No date will be booked until the full amount of the deposit is paid.
b. The customer has the right to cancel the work up to 7 calendar days before the agreed starting date and receive a full refund of their deposit.
c. In case the cancellation happens less that 7 calendar days before the agreed starting date the customer will be refunded 50% of their deposit.
d. In case the cancellation happens on the agreed starting date the customer won't receive any refund of their deposit.
10. Personal Data
a. All of our customers details are store in a password protected computer and/or on our secure accounting platform (eg ServiceM8, Xero, Mailchimp, Facebook)
b. We will use the client’s email address and/or home address to send helpful industry updates and safety tips, unless we are advised otherwise by the client.
c. We will not pass these details to third parties without the client’s previous agreement.
d. We have a legal obligation to store all of our customers details secure for a number of years (eg from the HMRC and/or The EIT).
11. Dispute Resolution
a. Starks Electrical commits to deliver all quoted works to the highest standards. The customer has 7 calendar days from certification date to notify us, in writing, of any issues. After this period the work will be assumed ‘signed off’ and Starks Electrical will not accept any further responsibilities, excluding issues of non-compliance with BS7671 and items under warranty.
b. In the event of a dispute, mediation is to be the preferred method of resolution.
LIMITED WARRANTY AGREEMENT
CONTRACTOR: Starks Electrical
NOTICE
This warranty is in lieu of any other warranty, express or implied. Any implied warranties, including but not limited to, the implied warranty of merchantability, fitness for a particular purpose, habitability.
This warranty shall be null and void and the Contractor shall not be liable for any damages or expenses, if the Client does not first grant the Contractor access to the premises and the opportunity to the Contractor to inspect, correct, or replace alleged defective items, before the Client incurs expenses or has work done by a replacement contractor.
WHAT IS COVERED
The Contractor warrants that the improvements constructed are reasonably free of defects and within customary tolerances of construction industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and guaranteed to be performed by a skill full and professional contractor. This warranty also covers work under customary tolerances for all subcontractors and other trades people under contract with the Contractor, including the crew of the Contractor.
The Contractor further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications. If any defects are found, contractor shall repair or replace any of the alleged defective work at its cost. The work to be corrected will be the particular part or area that is defective. The Contractor shall start corrective work within a reasonable time after written notice from the Client. The Contractor shall have the option of repairing or replacing, at its election.
TERM OF WARRANTY – Lifetime
This Warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is a lifetime from substantial completion, defined as the date stated on the relevant Electrical Installation Certificate and only when the project is paid in full by the Client. If the Contractor performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for a lifetime after completion, as to that specific work.
TRANSFERABILITY
This warranty applies to the original Client and may be transferred to any subsequent Client.
EQUIPMENT AND MATERIAL
The Contractor hereby assigns (to the extent they are assignable) and conveys to Client all manufacturers’ and suppliers' warranties, together with operating instructions if available, on all goods, material, equipment and appliances provided to the Contractor.
The Contractor has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third party vendors, supply houses, distributors, and manufacturers (“products”). The Contractor will use its best efforts so that such products are new and purchased from reputable suppliers. Contractor also agrees to properly install such materials.
In the event a product is considered defective by the Client, the contractor shall use its best efforts to contact the supplier or manufacturer and receive a free replacement. The Contractor shall then within a reasonable time reinstall that new product without or with charge and only if they are still under the manufacturer’s warranty.
The Contractor did not manufacture such products. The Contractor warrants its services and workmanship only. Accordingly, the contractor cannot warrant or guarantee these products themselves. The Contractor will not be liable for latent defects in any product (not observable on reasonable inspection). The Client’s sole remedy for defective products, other than the obligation of the Contractor to replace same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if the Contractor has furnished the Client with product brochures, literature, or samples. Nor shall the Contractor be liable for dangerous products, design defects in products, or defective warnings. However, the Contractor shall lend assistance in settling any claim resulting from defects in these products.
HOW TO OBTAIN SERVICE
If a problem develops during the warranty period, the Client shall notify the Contractor in writing of the specific problem. The Client shall give such notice promptly after first discovering the condition. The Contractor will begin performing the obligations under this warranty within a reasonable time of receipt of such a request and will diligently pursue these obligations.
Repair work will be done during the Contractor’s normal working hours, except where delay will cause additional damage. The Client also agrees to provide the presence (during the work) of a responsible adult with the authority to approve the repair and sign an acceptance of repair on completion.
There shall be no charge for the costs and expenses of examination or inspection by the Contractor, whether not a defect is found or later repaired or replaced. Unless no issue found. The work will be done either by the Contractor’s crew or whatever competent workmen or subcontractors are designated by the Contractor.
The Contractor has sole discretion as between repair or replacement. All efforts shall be made for a reasonable match, and to repair or replace in the event the original item is no longer available.
REMEDIES
With respect to any claim asserted by the Client, it is understood there is no right to recover or request compensation for: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages for mental distress, aggravation, decorating, personal injury; or pain and suffering.
The Client should notify the Contractor within a reasonable period after first knowledge of a problem, not to exceed 30 days. To be covered, the physical signs of the problem must be observable.
WHAT IS NOT COVERED
This limited warranty does not cover the following items.
Damage or defects caused by the failure to maintain any item or keep it in good working order.
Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightning, earthquake, pest damage, acts of God, or other unforeseen causes or accidents.
Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
Damage resulting from your failure to observe any operation instructions furnished at the time of installation.
Any item furnished, installed, modified, altered, or repaired by you or any other person or other than the Contractor.
Problems which arise in an attempt to match existing materials. There are limitations inherent in the matching of existing materials such as discontinued electrical accessory.
Exact duplication in matching, texture, and colour cannot be guaranteed. Variations within industry tolerances will be considered acceptable.
Extension on any manufacturer warranties. If any equipment, supplied by the Contractor, becomes defective after the manufacturer's warranty expires replacement full charges will apply for both labour and materials
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