The following Conditions apply to any quotation by the Company and will not be varied in whole or part without the Company’s prior written agreement.
These Conditions shall be incorporated into any contract between the Client and the Company, any variation or amendment to such Conditions must be agreed in writing.
- Definitions & interpretation
- In these terms and Conditions the following definitions apply:
“Affiliate” means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;
“Bribery Laws” means the Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010 and all other applicable UK legislation, statutory instruments and regulations in relation to bribery or corruption;
“Business Day” means a day other than a Saturday, Sunday, bank holiday or other public holiday in England and Wales;
“Company” refers to Voltec Electrical and Security Limited;
“Conditions” means the Company’s terms and Conditions as set out in this document and Quotation;
“Confidential Information” means commercial, financial or technical information, information relating to deliverables, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by the Company in performing obligations under, or otherwise pursuant to the Contract;
“Contract” means the agreement between the Company and the Client
“Client” refers to the individual, company, or organisation accepting the Quotation;
“Deliverables” means the Good or Services or both as the case may be and as set out in the Quotation;
“Force Majure” means an event or sequence of events beyond any party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of god, fire, flood, lighting, earthquake, or other natural disaster; war, riot, civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or materials required for the performance of the Contract; strike, lockout, boycott or other industrial action;
“Goods” means the goods and related accessories, spare parts and documentation and other physical material set out in the Quotation and to be supplied by the Company;
“Location” means the address(es) for the delivery of Goods and performance of the Services as set out in the Quotation;
“Modern Slavery” means the Company’s anti-slavery and human trafficking policy in force;
“Price” means the price as set out in the Quotation and in Clause 3;
“Services” means the services set out in the Quotation and to be supplied by the Company;
“VAT” means the value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of Deliverable.
“Works” refers to the services and/or installation outlined in the Quotation;
“Quotation” refers to the written scope and price provided by the Company;
- Acceptance of Quotation
- A Quotation is valid for 30 days unless otherwise stated.
- Acceptance of a Quotation, whether via written confirmation, email or issuance of a Purchase Order (“PO”) constitutes agreement to these Terms and Conditions.
- Where a PO is issued for the quoted amount, this shall be deemed acceptance of the full contract value, and the Company reserves the right to invoice for the full quoted sum unless otherwise agreed in writing.
- The Company reserves the right to amend its Quotation or to withdraw it if in the event that the actual site conditions vary from those envisaged at the Quotation stage. These conditions include by way of example; site access, site conditions, different quantities being required or the Company being asked to work to an amended programme.
- Price and Payment Terms
- All prices are exclusive of VAT unless otherwise stated.
- Standard payment terms are 30 days from the date of invoice, unless otherwise agreed in writing.
- The Company reserves the right to:
- Request staged payments for larger projects;
- Invoice for materials upfront where applicable.
- Late payments may incur:
- Interest at 8% above Bank of England base rate (in line with Late Payment of Commercial Debts legislation)
- Recovery of any associated debt collection costs.
- Variations
- Any variation to the agreed works must be confirmed in writing.
- Additional works outside the original scope and as outlined in the Quotation will be chargeable at an addition.
- The Company reserves the right where:
- Site conditions differ to those described;
- Delays or changes are caused by the Client or third parties.
- Programme & Delays
- Any proposed programme or duration is an estimate only unless expressly agreed.
- The Company shall not be liable for delays caused by:
- Client instructions or changes;
- Site access restrictions;
- Third-party delays; and
- Force Majure events.
- Cancellation & Notice Periods
- Once the Quotation has been accepted, cancellation by the Client must be provided in writing.
- The Company reserves the right to charge cancellation fees as follows:
- More than 10 working days’ notice – charge for materials ordered and any committed costs.
- 5-10 working days’ notice – up to 50% of the total contract value.
- Less than 5 working day’s notice – up to 100% of the contract value.
- Where a project duration is reduced, postposed, or does not run as scheduled (quoted for) due to the Client:
- The Company reserves the right to charge 100% of the Quotation, or for the loss of booked labour, resources and opportunity cost.
- Any such charges shall be at the Company’s discretion.
- Materials & Ownership
- Materials cannot be ordered until a signed PO or equivalent has been received by the Company. Failure to issue such PO or equivalent may result in delays to the programme, for which the Company cannot accept responsibility or liability.
- All materials supplied remain the property of the Company until full payment is received.
- Risk passes to the Client upon delivery to site. The safeguarding and insurance of materials delivered to site will be the responsibility of the Client. The Client must make suitable and secure storage facilities available for the duration of the works. Any pilferage or damage caused to the Company’s materials will be charged for and could affect the programme for completion.
- The date and time of delivery of materials to site will be adhered to as far as is practically possible but is subject to adjustment in the event of strikes, fire, accidents, unforeseen delays in supplier deliveries or any other contingencies and no responsibility is accepted by the Company for any loss caused by such delays.
- The Company’s Quotation is based upon the present cost of materials, plant, transport, and labour ruling at the date of the Quotation. Increases in the costs of these elements shall be recoverable should the quotation not be accepted within 30 days.
- Access & Site Conditions
- The Client must provide:
- Safe and suitable access to site, informing the Company of any relevant pre-construction information including relevant information about the project, site and risk to the Company before works begin.
- Adequate working conditions on site.
- Necessary permissions and permits must be provided to the Company, or the Company should otherwise be informed of the requirement to obtain any permissions or licences before works commence.
- The Client must provide:
- Health & Safety
- The Company will company with all relevant Health and Safety legislation as is in force from time to time.
- The Client must ensure site compliance with applicable regulations.
- Liability
- The Company’s liability is limited to the value of the Quotation.
- The Company shall not be labile for:
- Indirect or consequential losses;
- Loss of profit, business or revenue; or
- Damage caused by third parties.
- Nothing in these terms exclude liability for death or personal injury caused by negligence.
- The Company will not accept liability for damage caused by delivery vehicles.
- The Company confirms that is has in place and shall maintain the following policies of insurance: Employer’s liability, public liability, public and products liability and hiring in plant insurance.
- The Company exercises every care in the execution of its works but should any errors or defects occur, for which the Company accepts responsibility, these will be made good free of charge, but should not form the subject of a claim for labour and any other expenditure incurred by the Client, Affiliate or contractor in consequence of such errors or defects. This undertaking is given on the condition that the Company is informed immediately of any errors or defects and will automatically expire after three months from the actual completion of the contract governed by these Conditions.