General, booking and service usage Terms and Conditions

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Introduction and acceptance of agreement

Joelec Limited (hereinafter referred to as "Joelec") provides electrical planning, installation, service, testing and repair (hereinafter referred to as "Services"). By accessing the services and / or using the services, you agree that you are authorized to accept the conditions (hereinafter referred to as "terms of use") on behalf of yourself and/or the company you represent. All services are subject to these terms of use, and by using these services you agree to be bound by these terms of use. In these terms of use we also refer to the website Joelec.co.uk as "Joelec", "us", “our” or "we". "You" or “your” refers to you and/or the company that you represent. “Customers Equipment” means the equipment or material belonging to you, or for which you request us to provide. These terms apply to all agreements with Joelec including the online platform that Joelec offers on the internet. These terms and conditions override any other terms of use. Joelec reserves the right to change, modify, update, add to or remove, with or without notice to you, portions of the terms of use at any time. We will try to inform you of any changes through our communication channels, however, this cannot be guaranteed. Please check the terms of use periodically, for any changes. Your continued use of the services, after changes to terms of use have been posted, demonstrates your acceptance of these changes. If you do not agree to the revised terms and conditions, you must inform Joelec, within a period of thirty (30) days of a particular change. In this case, you must discontinue using the Joelec services and website, from the date of entry of the adapted version. If any provision of these terms and conditions or any agreement appears to have been destroyed or is legally invalid, this shall not affect the validity of the terms and conditions/agreement. The parties shall replace the provision(s) which, in so far as permitted by law, correspond(s) to the intent of the original provision/agreement. Exceptions to these conditions must be agreed to in writing and shall only apply with respect to the specific agreement to which the exception relates. In case the terms and agreement contain conflicting provisions, the provisions contained in the agreement shall apply.

 

Incorporation of conditions

Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not apply. All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract. No amendment or change shall be made to these conditions.

 

Quotations, Estimates and Prices

Our quotation or estimate provides an indication to you of the items on which you may place an order, but no order from you as a result of a quotation or estimate (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us. A quotation or estimate is made on the assumption that the work requested is reasonably capable of being carried out. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable, and may offer you a reconditioned or new substitute on terms to be agreed. If you give a general instruction for repairs without specifying the particular service or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put the Customer's Equipment in good working order, and to make a charge which is reasonable in our opinion, for the work and parts provided. Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. Provided your order is placed within thirty days of the date of the estimate, the price contained on the estimate shall remain a best guess and may fluctuate up to and including one hundred percent. If your order is not placed in the specified period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will pay the resultant price. If delivery and performance are postponed at your request or by circumstance(s) within your control you will pay all resulting costs and expenses we incur. We will charge for all work carried out at your request, whether exploratory or otherwise and, in particular, we reserve the right to instruct our employees or agents to work overtime to comply with your delivery requirements and/or regulatory requirements in which case we may charge you the cost of such overtime. If the Services are to be carried out on your premises or at your request some other site we will require free accessible and secure parking arrangements to be made. We reserve the right to charge you the cost of such parking arrangements should parking arrangements not be made prior to our arrival and/or where the company deems arranged parking to be insecure, inaccessible or inappropriate.

 

Work on Site

If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer's Equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as water and/or electricity. You will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.

 

Payment

Unless otherwise agreed with you by us, we will issue an invoice for the full amount due on completion of the Services. Invoices will be due for payment subject to the terms stated on the invoice and in any event within seven days from the day on which we despatch the invoice to you. All payments will be in pounds Sterling. Invoices issued via electronic mail will be taken to be delivered the next day and invoices issued by First class post will be taken to be delivered within two working days inclusive of Saturday. We reserve the right to charge a surcharge for late payment, this is set at a charge of fifteen Great British Pounds plus eight percent interest plus the Bank of England base rate at the time of the latest amount due per Gregorian calendar month from the invoice issue date. If you disagree with an amount on your invoice you must clarify that you dispute the invoice amount in writing within seven days from the day the invoice was issued incorporating the delivery dates aforementioned within this section. Joelec will review your dispute and work with you on a timely solution. It is your responsibility thoroughly check your invoices on time. Joelec reserve the right to instruct one of our Debt Collection partner companies, or any civil court in England and Wales, to collect any outstanding amount of any invoice once it goes fourteen days overdue from the date highlighted on the invoice at any point Joelec sees fit. You will be liable for any and all fees deriving from any debt recovery actions taken by Joelec. 

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Designs, drawings and Specifications

You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.

 

Warranty

We will take reasonable care of the Customer's Equipment whilst it is in our custody and make good any loss or damage caused by our failure to exercise reasonable care, our liability being limited to the replacement or repair value of the Equipment, whichever is less. We also undertake to use reasonable skill and care in carrying out the work and where supplied by us, to use materials which are suitable of quality and free from defects. Unless otherwise agreed, we will rectify defective work and /or defective materials, when the materials have been supplied by us, if notified to us in writing within six months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value of that item / material thereof. We will have no responsibility for other loss or damage, including (without limitation) loss of profit or production, except as required by law. Unless otherwise agreed, we will not accept liability for any work and /or materials which have been tampered with or damaged by misadventure. We will not accept any liability for the failure of, damage to, or unsuitability of equipment provided by you where you instruct us to install parts and/or equipment provided by you. You agree to indemnify us and accept full liability for any repair and /or replacement costs where a defect arises as a result of tempering or other action by another person. Unless we have agreed to do so in writing, you will accept full responsibility for re-installing, examining and testing the Equipment on which we have worked as soon as it is completed and we shall not be responsible for any damage, cost or loss incurred by you due to your failure to properly re-install or delay in testing the equipment or in notifying us of any defect in the work. Unless otherwise agreed, we will not be liable for any defective work and /or materials resulting from adding to, removing from, repairing, servicing or any work and or materials relying upon works completed by any other contractor including but not limited to existing electrical installations and /or installations and equipment maintained by the Distribution Network Operator and /or utilities supplier.

 

Transportation

If we have agreed to transport the Equipment, in the event of loss or damage to Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of insurance. In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts. We shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is your responsibility to examine the goods immediately on receipt. Unless otherwise agreed, the loading or off loading of the goods on collection or return to you shall be arranged by you and performed at your sole expense and risk.

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Cancellation

We may cancel any booking made by you with us at any time and without reason up to and including the date and time of the booking. In such circumstances we reserve the right to reschedule any booking at a time convenient to both us and you. We reserve the right to cancel a booking without reason and expressly reserve the right to refuse to reschedule without reason. Upon making a booking, whether that be telephone call, electronic mail, SMS, in person, or through any other channels the business chooses to operate, you agree to commit to the date and time scheduled to your booking. You may cancel your booking at any time and you wholly agree that this will be subject to charges dependent on the time between the business receiving your cancellation request and the commencement of your booking. You agree that should you miss your booking and we are unable to access the property in order to complete the work then this will be deemed as a cancellation with less that twenty four hours notice. If you choose to cancel your booking with more than fourteen days between your booking cancellation request and the commencement date of your booking there will be no charge. If you choose to cancel your booking where there is between fourteen and seven days between your booking cancellation request and the commencement date of your booking, you will be liable to pay ten percent of the total booking value. If you choose to cancel your booking where there is between seven days and seventy two hours between your booking cancellation request and the commencement date of your booking, you will be liable to pay twenty five percent of the total booking value. If you choose to cancel your booking where there is between seventy one and twenty fours hours between your booking cancellation request and the commencement date of your booking, you will be liable to pay fifty percent of the total booking value. If you choose to cancel your booking where there is less than twenty four hours between your booking cancellation request and the commencement date of your booking, you will be liable to pay seventy five percent of the total booking value. An invoice will be issued for missed bookings as well as cancellations which must be payed within seven days. You agree that these charges will be payable regardless of any cooling off period that may be entered into and that electrical services are classed as bespoke services tailored to you, your requirements and your installation. Where a booking is made and is to commence within fourteen days, this will be treated as an 'urgent' request for repairs or maintenance. 

 

Termination of contract

We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within thirty days of having been notified by us of the relevant failure. We may also bring this Contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter into any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring this Contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring this Contract to an end immediately if the partnership is dissolved. We may also terminate this Contract if any proceedings relating to your insolvency are commenced in any country. You may bring this Contract to an end in line with relevant statutes. If this Agreement ends for any reason, we will be entitled to remove all of our equipment and materials from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to and including date of termination and for any other breaches of this Contract.

 

Limitation of Liability

We accept that we are liable for any death or personal injury resulting from our negligence or the negligence of our employees or agents acting in the course of their employment. In relation to defects in goods sold to you by us, we may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded. Unless otherwise agreed, we will not be liable for any defective work and /or materials resulting from adding to, removing from, repairing, servicing or any work and or materials relying upon works completed by any other contractor including but not limited to existing electrical installations and /or installations and equipment maintained by the Distribution Network Operator and /or utilities supplier. Unless otherwise agreed in writing, we will not accept any liability, implied or otherwise, for damage caused to equipment, building fabric, materials or any other thing to which a value can be assigned where we are following, or have followed your instructions and you agree to indemnify us of any and all liability in respect of any damage. Unless otherwise agreed in writing, we will not accept liability for any work and /or materials which have been tampered with or damaged by misadventure. You agree to indemnify us and accept full liability for any repair and /or replacement costs where a defect arises as a result of tempering or other action by another person. Apart from our agreement to rectify any defects or errors in the Services as set out according to our Warranty terms and to replace or repair the Customer's Equipment where there is loss or damage to goods in transit as set out according to our Transportation terms: Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £100,000; and We will not be liable to you under any circumstances for any indirect or consequential losses (including for example, loss of Contracts or loss of profits of production). The limitations and exclusions in this paragraph apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above. The limitations and exclusions in these conditions reflect the value of this Contract to us and are considered to be reasonable. If you require us to accept greater liability, we may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to us.

 

Force Majeure

We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, government instruction, the action of third parties or industrial action.

 

Disputes

Any disputes which we cannot settle amicably relating to the nature or quality of the Services will be referred to an expert to be agreed or (if we and you cannot agree the choice of expert within 14 days of an expert being proposed by you or us) appointed at the request of you or us by the President for the time being of the institute of Electrical Engineers. The written report of the expert will as between you and us be conclusive evidence of all matters of fact and all matters opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.

 

Value Added Tax (VAT)

Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.

 

Assignment / Third Parties

You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion. No third party shall acquire any rights under this Contract except as specifically stated in these conditions.

 

Notices

Any notice to be given by you or us must be in writing and may be delivered by mail or electronic mail. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order. You and we are free to provide an alternative address for notices at any time. Electronic mail notices will be assumed to have been delivered on the next day after transmission, and notices sent by first class post will be assumed to have been delivered two working days after they are sent inclusive of Saturday.

 

Waiver

Any express or implied by us or any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.

 

Whole Agreement and Validity

This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services). If any provision of this Agreement is ruled to be valid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.

 

Law

This agreement is governed by English Law.

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Website Terms & Conditions

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Information about this Website and these Terms & Conditions

The website www.joelec.co.uk (“Website“) is operated by Joelec (“Joelec“, “we” or “us”). Further information about how to contact us is set out below.

Please read these Terms & Conditions carefully before you start to use our Website (including accessing, browsing, or registering to use our Website), as they will apply to your use of our Website.  By using our Website, you confirm that you accept these Terms & Conditions and that you agree to comply with them.

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Accessing our website

We will do our best to make sure that our Website and services are uninterrupted and that our Website and content are error free, although we can’t guarantee this. If we need to suspend or restrict access to, or update, our Website or content, we will do our best to minimise any disruption to you and attempt to restore the Website as soon as we can.

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Content on the website

We may change or remove content or parts of our Website.

The legal rights, including the intellectual property rights, in our Website and any content on it is owned by us (or licensed to us by third parties).  Our Website and content are protected by international copyright laws and database rights.

Where we provide links from our Website to other sites, this will be for information purposes only.  We have no control over, or responsibility for, the content on those sites or resources.

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Your use of the website

We are happy for you to use the content on our Website for your own personal, non-commercial use, provided that you keep intact all copyright and proprietary notices. You may not use our trade marks, logos, other intellectual property or any other content on our Website for any commercial, promotional, institutional or corporate purposes, unless you obtain our prior written consent.

Please do not copy, publish or otherwise seek to exploit our Website or our content or use our service for any illegal purpose or in any way that causes damage to our Website, is harmful to other users or which interferes with our intellectual property rights or our other rights and interests.

We will take the action we think is necessary to protect our service and our customers.

We cannot make any promises that the content on the Website is appropriate or available for use in locations outside of the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited.

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Information purposes only

Although we have taken every care to ensure that the information provided on this Website is accurate, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains.

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Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

• establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or

• create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

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Limitation of our liability

We exclude to the fullest extent permitted by law all liability resulting from your access to the Website including without limitation any loss (financial or otherwise) or damage resulting directly or indirectly from any such reliance.

We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

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Jurisdiction

These Terms & Conditions and your use of the Website are governed by the laws of England and Wales, and we and you both agree that the English courts shall have exclusive jurisdiction in any dispute.

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Who to contact

If you have any feedback, questions or complaints or any requests for technical support, then please contact us via our "Contact Us" page on our Website.

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