TERMS AND CONDITIONS OF INSTALLATION, REPAIR, MAINTENANCE, AND CERTIFICATION UNDERTAKEN OR PROVIDED BY GODIVA BUILD LIMITED.

Unless otherwise agreed in writing prior to acceptance of Our Quotation, as defined below,  the following terms and conditions shall apply.

DEFINITIONS

• “Services” means any installation, repair, maintenance, certification and associated works as set out in our Quotation or other agreed documents or discussions between the Parties as defined below.
• “We”, “Us” and “Our” refers to Godiva Build Limited as the provider of Services to You.
• “You” and “Your” mean the person or company to which we are providing Services.
• “Parties” refers collectively to Godiva Build Limited and You.
• “Equipment” means the equipment and or materials to be installed by Us for You and/or equipment belonging to You, where you have instructed us to upgrade and/or repair and/or carry out maintenance, and or re-programme and/or certify existing equipment or installations.
• “Conditions” shall mean the conditions set out below.
• “Quotation” shall mean any quotation provided by Us to You setting out in one or more documents the Services We are offering to perform for You, with a stated lump sum cost and/or cost based on a table of rates, together with the cost of any Equipment to be provided by Us, whether itemised or included in the lump sum figure. Such Quotation may contain additional conditions that shall become binding on the Parties when the Quotation is accepted by You and We confirm that we are proceeding with the Services.  

INCORPORATION OF CONDITIONS

• Any contract or agreement to do work made between the Parties shall be subject to these Conditions and the terms of Our Quotation, and any terms You put forward that seek to vary these Conditions will have no affect.
• All other terms and conditions which may be suggested by any previous contract between the Parties or a previous course of dealing or trade or custom between them are excluded from this contract.
• No amendment or change shall be made to these conditions other than as specifically permitted by the terms contained herein.

WORK ON SITE

• Where the Services are to be carried out at Your premises or, at Your request, at some other site, We will need free and safe access to the area where We are to undertake the Services, including where necessary access to all of Your Equipment which is subject to the Services, 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 electricity and water, which shall be provided by You at no cost to Us.

INSTALLATION WORK 

• All electrical installation work will comply with BS7671 and any amendments in force at the time of the works.
• All other 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 or pipework, costs quoted assume that the existing installation is in an adequate condition and complies with minimum current regulations. Any works required to bring the necessary parts of the existing installation up to standard will attract an additional cost which shall be advised to You prior to undertaking such additional works, unless these works are specifically covered in Our Quotation.
• Unless stated otherwise, all cables/pipes/conduits will be concealed by chasing into the building fabric or concealed in building voids, under floors, etc. Where impracticable, cabling/pipes/conduit will be neatly surface run, either clipping direct or housed in trunking / conduit.
• Where carpet or flooring coverings require lifting to permit concealed installation work, We will not re-fit these and You should consider employing a specialist fitter to effect a fully satisfactory reinstatement.
• Reasonable endeavours will be used to undertake installation work to a clean standard, using dustsheets and vacuum cleaning equipment as necessary. However, dust is inevitable. Where agreed beforehand and at extra charge, we can provide a cleaning service. 
• The Quotation will normally outline the expected duration of the installation work.
• For property rewires the property must not be inhabited without prior agreement with Us.

QUOTATIONS/PRICES

• Our Quotation provides an indication to You of the terms upon which You may place an order, but no order from You (as a result of a quotation or otherwise) shall be binding upon Us unless and until it is accepted or confirmed by Us.
• A Quotation is made on the assumption that the Services requested are 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 provide you with an updated Quotation for Your consideration. If this is accepted by You and we accept a revised order from You the terms upon which the Services will be delivered will be updated accordingly.  If we consider the Services are incapable of being delivered without exceptional additional work we reserve the right to terminate the contract between the Parties and the delivery of the Services will be terminated.
• 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 Your Equipment in good working order, and to make an appropriate charge for the work and parts provided.
• Provided your order is placed within thirty days of the date of the Quotation, the price contained in the Quotation shall be fixed unless the Quotation states otherwise. If Your order is not placed and accepted by Us in that 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 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 in which case we may charge you the cost of such overtime.
• The total due on the invoice is payable as set out in the Quotation. If You do not pay the total by the due date this could lead to late payment charges being applied. Late Payment Charges will be based pro-rata on interest at 5% per annum plus the Bank of England Base Lending Rate applied to the invoice amount. The Bank of England’s base rate is subject to change, so the amount of interest charged will depend on the due date of your invoice and the base rate at the time.
• All materials supplied by Us are owned by Us until all invoices are paid in full.

GUARANTEES & WARRANTY 

• Workmanship guarantee provided by Us shall be for labour only, this commences from the date of completion to the 90th day thereafter only. Any parts, equipment or components supplied by the Us will be covered by the respective manufacturer’s warranty. Our guarantee will become null and void if the Equipment supplied or repaired by Us is subject to misuse or negligence, or repaired, tampered with or modified by anyone other than one of Our operatives. We accept no liability for (nor guarantee suitability of) materials or Equipment supplied by You or other third parties and will not accept liability for any damage or faults as a result.

EXCLUSIONS

The following are excluded from the Services unless specifically included in the Quotation:-

• Clearing and / or moving of furniture and other items blocking access to work areas.
• Re-decoration and final making good.
• Removal from site and disposal of rubble, fittings, wiring, materials, general waste, and packaging.
• Obtaining any necessary third-party permissions including statutory consents.

DISPUTES 

• Any disputes which the Parties 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.

PHOTOGRAPHS

• We reserve the right to take photographs and video of works for Our records and for use in Our portfolio unless, prior to commencement of work, You confirm in writing that You do not consent to such photographs or video.

TERMINATION OF THIS CONTRACT

• We may bring the Contract to an end if You fail to comply with Your obligations under this contract, within seven 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, 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.
• If this Agreement ends for any reason, We will be entitled to remove all of Our equipment 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 date of termination and for any other breaches of this Contract.

WHOLE AGREEMENT

• 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).

VALIDITY

• If any provision of this Agreement is ruled to be invalid 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.