1. These terms
1.1. These are the terms and conditions on which we supply product(s)and/or services to you.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are,how we will provide product(s) and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. About us
2.1. We are J Kirby Electrical Ltd a company registered in England and Wales. Our company registration number is 07554125 and our registered office is 126 Wish Hill, Willingdon, Eastbourne BN20 9HL.
2.2. You can contact us by telephoning our customer service team at 01273 468223 or by writing to us at info@jkirbyelec.co.uk or Unit 9 Beach Close, Newhaven, BN9 0LY.
2.3. If we have to contact you we will do so by telephone or by writing to you.
3. Our contract with you
3.1. Our acceptance of your order will take place when we tell you that we are able to provide you with the product(s) and/or services at which point a contract will come into existence between you and us.
4. Interpretation
4.1. Customer, you, your:means the person(s) whose details are set out in the order.
4.2. J Kirby Electrical, we,us, our: Means J Kirby Electrical Ltd with company registration number is07554125
4.3. Contract: means the legally binding contract between you and us compromising of the terms and conditions, which comes into force on the date a quote or order made by you is accepted by us.
4.4. When we use the words"writing" or "written" in these terms, this includes emails.
4.5. Our working hours areMonday, Tuesday, Wednesday, Thursday and Friday. 8am – 5pm
5. Cancellation
5.1. A minimum of 2 full working days’ notice must be given to cancel or reschedule any service we are providing OR if the total job value is over £2000 5 full working day’s notice must be given.
5.2. Credit account customers(All businesses to businesses) do
5.3. Cancellations can be made verbally but must be followed up in writing at the earlier convivence stating the time of the verbal cancellation.
6. Deposits
6.1 Deposits are non refundable if our cancellation terms are not followed, set out in clause 5.
6.2 Some credit account customers are not required to pay a deposit when scheduling works, but an equivalent charge will be billed when our cancellation terms are not followed, set out in clause 5.
6.3 Cancellation charges of 10% of the deposit total may be applied to refunded deposits that have followed or cancellation terms, set out in clause 5.
7. Our product(s)
7.1. The images of the product(s)on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the product(s). Your product(s) may vary slightly from those images.
7.2. If we are making the product(s) to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.
8. Your rights to make changes
8.1. If you wish to make a change to the product(s) and/or services you have ordered 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 product(s) and/or services, thetiming for delivery 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.
9. Our rights to make changes
9.1. We may change the product(s)and/or services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product(s) and/or services.
9.2. In addition, we may make changes to these terms or the product(s) and/or 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.
10. Providing the product(s)
10.1. The costs of delivery and installation will be as told to you during the order process.
10.2. We are not responsible for delays outside our control. If our delivery or installation of the product(s)is delayed 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.
10.3. If you have asked to collect the product(s) from our premises, you will need to schedule a collection appointment by calling 01273 468223 or email info@jkirbyelec.co.uk.
10.4. If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you donot re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
10.5. If you have asked us to install the product(s) for you 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 10 will apply.
10.6. The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us or you collect it from us.
10.7. You own the product(s)once we have received payment in full.
10.8. We may need certain information from you so that we can supply the product(s) to you and install them for you. If so, this will have been stated in the description of the product(s) on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract 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 supplying or installing the product(s) late or not supplying or installing 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.
10.9. We may have to suspend the supply of a product(s) to:
10.9.1. Deal with technical problems or make minor technical changes;
10.9.2. Update the product(s) to reflect changes in relevant laws and regulatory requirements;
10.9.3. Make changes to the product(s) as requested by you or notified by us to you (see clauses 5 and 6).
10.10. We will contact you in advance to tell you we will be suspending supply of the product(s), unless the problem is urgent or an emergency. If we have to suspend the product(s) for longer than 6 months you may contact us to end the contract. In such case we will refund any sums you have paid in advance for the product(s) in respect of the period after you end the contract.
10.11. If you do not pay us for the product(s) when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the product(s) until you have paid us the outstanding amounts. As well as suspending the product(s) we can also charge you interest on your overdue payments (see clause 12.6).
11.Providing the services
11.1. 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.
11.2. 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 youdo 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 10will apply.
11.3. 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 (see clause 10) 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.
11.4. We may have to suspend the services to:
11.4.1. deal with technical problems or make minor technical changes;
11.4.2. update the services to reflect changes in relevant laws and regulatory requirements;
11.4.3. make changes to the services as requested by you or notified by us to you (see clauses 5 and 6).
11.5. 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.
11.6. If you do not pay us for the services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the product(s) until you have paid us the outstanding amounts.
12. Your rights to end the contract
12.1. You may contact us to end your contract for product(s) at any time before we have delivered it/them and you have paid for it/them, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where product(s)and/or services are faulty or miss-described (see clause 11). You may also 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.
12.2. If you are not ending the contract for one of the reasons set out in clause 9.2, then the contract will end immediately and we will refund any sums paid by you for product(s) and/or services not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
12.3. If you are ending the contract for a reason set out at 9.2.1 to 9.2.5 below the contract will end immediately and we will refund you in full for any product(s) and/or which have not been provided or have not been provided properly. The reasons are:
We have told you about an upcoming change to the product(s) and/or services or these terms which you do not agree to (see clause 6.2);
We have told you about an error in the price or description of the product(s)and/or services you have ordered and you do not wish to proceed;
There is a risk that supply of the product(s) and/or services may be significantly delayed because of events outside our control;
We have suspended supply of the product(s) and/or services for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 3 months.
12.3. If you end the contract after product(s) have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract for one of the reason specified above, or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
13. Our rights to end the contract
13.1. We may end the contract for a product(s) at any time by writing to you if:
13.1.1. You do not make payments to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
13.1.2. You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) and/or services; or
13.1.3. You do not, within a reasonable time, allow us to deliver the product(s) or collect them from usand/or give us access to your property to provide the services to you.
13.1.4. Asbestos report must be completed by you the customer in any property build before 1999 before works are scheduled, you must notify us of any asbestos found. If asbestos is found or considered to be found in any working area, we will notify you immediately and will end works immediately until the materials are tested.
13.2. If we end the contract inthe situations set out in clause 13.1 we will refund any money you have paid in advance for product(s) and/or services we have not provided but we may deductor charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3. We may write to you to let you know that we are going to stop providing the product and/or services.We will let you know at least 48 hours in advance of our stopping the supply of the product(s) and/or services and will refund any sums you have paid in advance for product(s) and/or services which will not be provided.
14. If there is a problem with the product(s) and/or services
14.1 If you have any questions or complaints about the product(s) and/or services, please contact us. You can telephone our consumer service team at 01273 468223 or write to us at info@jkirbyelec.co.uk or Unit 9 Beach Close, Newhaven, BN9 0LY.
14.2. If you wish to exercise your legal rights to reject product(s) you must either return them in person to where you bought them, post them back to us.
14.3. In the unlikely event there is any defect with the services:
14.3.1. 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.
14.3.2. 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.
15. Price and payment
15.1. The price of the product(s)and/or services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product(s)advised to you is correct.
15.2. If the rate of VAT changes between your order date and the date we supply the product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) and/or services (including delivery and installation costs) in full before the change in the rate of VAT takes effect.
15.3. We accept payment with most major debit cards, cash or bank transfer. You must pay for any product(s)(including delivery and installation costs) before we dispatch them.
15.4. You must make an advance payment of 50% of the price of theservices, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them OR We will invoice youweekly in arrear for the services until the services are completed. You must pay each invoice within 14 calendar days after the date of the invoice. We accept payment with debit card, cash and BACS. The advanced deposit is non refundable if our cancellation clauses in our terms and conditions are not followed.
15.5. If we are unable to collect any payment from you by the due date, we may charge interest to you on the overdue amount at the rate of 4% a month above the base lending rate of the bank of England from time to time. This interest shall accrue daily 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.
15.6. If you think an invoice is wrong please contact us promptly to let us know.
16. Our responsibility for loss or damage suffered by you
16.1. 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.
16.2. If we are installing the product(s) and/or providing other services in your property, we will make good any unrelated 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.
17. How may we use your personal information
17.1. We will only use your personal information as set out in our privacy policy: This can be found on our website www.jkirbyelectrical.co.uk.
17.2. We will only give your personal information to third parties where the law either requires or allows us to do so.
18. Other important terms
18.1. We may transfer our rights and obligations under these terms to another organisation.
18.2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4. 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.
18.5. If we do not insist immediately that you do anything you are required to do under these terms, orif 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 and it will not prevent us taking steps against you at a later date.
18.6. These terms are governed by English law and you can bring legal proceedings in respect of the product(s)in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.
18.7. Installing additional protection to meet current wiring regulations BS7671 may highlight pre-existing faults. Cost for rectifying any pre-existing fault will be the responsibility with you the customer.
18.8. Customers are liable for any costs incurred if asbestos is present in a property or working area.