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Definitions:
- “Company” shall mean Polaris Energy Solutions Ltd its successors and assigns or any person acting on behalf of and with the authority of Polaris Energy Solutions Ltd.
- “Customer” shall mean the Customer or any person acting on behalf of and with the written authority of the Customer.
- “Work” shall mean all Works (including the supply of Materials) undertaken by the Company and described in this contract and includes any advice or recommendations.
- “Materials” shall mean Materials required to complete the Works.
- “Prime Cost Item” shall mean an item that either has not been selected, or whose Price is not known, at the time this contract is entered into and for the cost of supply and delivery of which the Company must make a reasonable allowance in the contract.
- “Provisional Sum” shall mean an estimate of the cost of carrying out Works under this contract for which the Company, after making all reasonable inquiries, cannot give a definite Price at the time this contract is entered.
- “Price” shall mean the Price of the Works as agreed between the Company and the Customer.
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Acceptance:
- Any instructions received by the Company from the Customer for the supply of Works and/or the Customer’s acceptance of Works undertaken by the Company shall constitute acceptance of the terms and conditions contained herein.
- Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
- Upon acceptance of these terms and conditions by the Customer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Company.
- None of the Company’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Company in writing nor is the Company bound by any such unauthorised statements.
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Installation Work:
- All electrical installation work will comply with any amendments in force at the time of the works.
- All electrical installation work will comply with applicable Building Regulations in force at the time of the works.
- Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations. Any works found required to bring the necessary parts of the existing installation up to standard will be at additional cost.
- Unless stated otherwise, all cables will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling will be neatly surface run, either clipping direct or housed in trunking, conduit, basket, tray, ladder racking systems.
- Where carpet or 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. However, consideration of employing a specialist fitter may be prudent, at your cost to affect a fully satisfactory reinstatement.
- Where agreed beforehand, chases to walls, etc will be re-filled to 2mm below plaster finish depth, however final finishing of skim coat plaster and final decoration is excluded.
- All endeavours will be made to undertake installation work to a clean standard.
- The contract outlines the expected duration of the installation work.
- Whilst undertaking the installation work at the property/site, the client is required to provide water and power free of charge.
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Hazardous Materials:
- Unless specifically stated in this quotation, the quoted price is based on the assumption that the work for which this quotation is submitted will be executed in a hazardous material free environment. It is a strict condition of this quotation that the customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of these materials in or about the site on which the works (or any part thereof) are to be performed.
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Work Site Access:
- We have based our offer on free and unrestricted access to all required work areas.
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Live Work Clause:
- It is our strict policy to only undertake live work or work near live conductors where it is safe to do so, particular emphasis is placed on: Compliance with the Electricity at work regulations 1989 - Regulation 14 - work on or near live conductors. Our live work procedure is designed to eliminate risk of injury to our employees, damage to your installations and unexpected power disconnections. The above may require us to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.
7. Exclusions:
- Clearing and / or moving of furniture and other items blocking access to work areas are not included.
- Except where detailed, builders work (creating of holes larger than 50mm diameter, creating of support structures, etc) are not included, except as outlined in 1d, e and f above.
- Re-decoration and final making good is excluded from quoted costs, unless specifically detailed as included.
- Removal from site and disposal of rubble, fittings, wiring, materials, general waste and packaging is not included.
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Extras and Variations:
- All extras and variations must be agreed in writing prior to commencement.
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Pricing:
- The costs quoted assume continuous and unhindered access to the site by prior arrangement with you.
- Unless stated otherwise, the costs quoted assume standard working hours between the hours of 7:30am-5:00pm Monday-Friday Work required outside these hours may attract out of hours premium rates.
- Any additional work not covered in our quoted costs will attract additional time charge rate of …… per hour plus materials cost.
- All figures quoted are VAT inclusive.
- All figures quoted are valid for a date of 30 days from the date of the estimate or quotation.
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Deviations from Building Regulations and:
- All work where applicable, will be executed fully in compliance with applicable Building Regulations 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.
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Risk and Title of Goods and Property:
- The risk in all goods supplied shall pass to the Client upon delivery.
- All goods supplied shall remain property of Polaris Energy Solutions Ltd until all sums due have been paid in full.
- The client is responsible for ensuring that the property is insured for the duration of the installation work.
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Warranty:
- Polaris Energy Solutions Ltd warrants its installation work to be defect free for a period of twelve months from invoice date. Such cover does not extend to goods not supplied by Polaris Energy Solutions Ltd physical damage to products, or any instance where the original installation has been altered or tampered with subsequently by third parties. If, within the Warranty Period, the Customer notifies the Company in writing that it is not wholly satisfied with the works with reasonable justification and detail of why he/she is not wholly satisfied and subject to the Customer affording the Company and its insurers the opportunity of both inspecting such works, the Company or its insurers undertake to carry out any necessary remedial works if appropriate.
- The customer accepts that if he/she fails to notify the Company as stated in this Clause 12a then the Company shall not be liable in respect of any defects in the works carried out
- All products and materials are covered by their manufacturer’s standard warranty. However, the manufacturer’s warranty does not cover labour cost for replacement products to be fitted, unless otherwise stated in quotation.
- The Warranty shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force for materials used.
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Payment:
- Unless agreed in writing payment in full must be made on completion of the specified works to Polaris Energy Solutions Ltd. Stage payments will be requested by prior arrangement where planned works take longer than 30 days, we reserve the right to request from you stage payments in the instance where works take longer than 30 days.
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Dispute Resolution:
- In the event of a dispute, mediation is to be the preferred method of resolution.
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General:
- The customer shall make available to the Company personnel use of adequate site amenities at no cost to the Company.
- The customer shall inform the Company personnel of general and specific safety requirements as and when they arise, in relation to the site and any incident or potential hazard that may cause harm to Company personnel.
- The Company personnel shall present in Company logo uniform whilst attending and working at the site.
- The Company personnel shall, unless otherwise agreed, provide all necessary tools of trade for the carrying out and completion of work under the contract.
- Wherever used in this contract; “contract price” shall mean the quoted price as varied; “materials” include consumables plant equipment and devices supplied in the course of the contract; the” Company” shall include entities related to Polaris Energy Solutions Ltd.
- If any term or condition of this contract is found to be void it shall be excised without affecting the enforceability of the remaining terms or conditions.
- Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
- No waiver by Polaris Energy Solutions Ltd of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same by any other provision.
- The Buyer acknowledges that all copyright and other intellectual property rights in the name, brand and logo of Polaris Energy Solutions Ltd are the property of Polaris Energy Solutions Ltd.
- If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
- The Contract shall be governed by English law and the Buyer agrees to submit to the exclusive jurisdiction of the courts of England.
- No term of the Contract shall be enforceable by any person that is not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999 save that an assignee of a Contract assigned by Polaris Energy Solutions Ltd shall be entitled to enforce that Contract.
- These terms and conditions do not affect your statutory rights.
- By accepting a Quotation, you are agreeing to these Terms and Conditions.
- The company reserve the right to use photographic imagery of works completed and ongoing, for company content.
Should you not wish for us to use imagery relating to your property, please confirm this in writing.