Terms of Service
1 The Agreement:
1.1
Upon acceptance of this quotation, a binding contract shall be created between ESS Technical Services and the client solely on these terms contained herein. The client has represented ability and capacity to pay for the works to be completed and must provide a suitable guarantee for payment if requested.
1.2
No change in the terms of the contract shall be effective unless agreed in writing by both parties.
1.3
The above quotation has been devised in accordance with the current electrical regulations and ESS Technical Services is responsible for ensuring that all
works carried out for the client will adhere to these regulations.
2 Quotation:
2.1
The above quote shall be valid for 30 days after the agreement of the client and ESS Technical Services, however, prices may change subject to availability.
3 Payment:
3.1
Interim payments - This shall be agreed by both parties before works are carried out and should be paid in full within the payment terms outlined in the quote & invoice.
3.2
Lump sum payments - The client shall, upon completion of the contracted works, pay the total contracted sum in full within the payment terms outline in the quote & invoice.
3.3
Remaining payments – The client, upon completion of the contracted works, shall pay the remaining sum after the initial interim payment in full within the terms of the quote & invoice.
All above clauses are standing and should be adhered to by both parties, failure to comply may result in additional costs,
3.4
Payments made after the terms set out will be charged a late payment fee at 12% of the initial quoted cost for each seven (7) days overdue. This is in line with
the UK Statutory Interest 8% and the Bank of England base rate of 4% - Updated Feb 03rd 2023.
3.5
If the terms are altered or modified then this must be agreed and approved by both parties with written documentation.
4 Liability/Damages:
4.1
ESS Technical Services are not liable for any subsequent damages on further works outside the initial agreed quotation. If additional works are to be carried out, a
new amended quote is to be drawn.
4.2
ESS Technical Services shall not be liable for any damage to materials or the works caused by the client or third parties.
4.3
ESS Technical Services shall not be liable in contract or in tort or otherwise arising, for any consequential, special, or contingent damages which may be claimed to have resulted from the engineer’s failure to perform any obligation under the contract.
5 Changes to Works:
5.1
If the client requests any variation in the works during the contract, including but not limited to any variation in materials or dimensions, variations arising from inaccuracies in Bills of Quantities or other documents supplied to the engineer for quotation purposes, ESS Technical Services shall, in accepting the variation, be entitled to increase or decrease the contract sum to take account of the costs of such variation, as the case requires (including an allowance for materials already manufactured or procured, or work already done, but not required) and shall be entitled to a reasonable extension of time to complete the works, as varied.
All above clauses are standing and should be adhered to from both parties, failure to comply may result in additional costs,
5.2
The client agrees that they will respond to the engineer’s recommendation for appropriate variations if they are deemed to be required, reasonably and promptly and that should it be deemed unreasonable by the client, a response is needed within ten (10) working days of receiving it. ESS Technical Services will require this disagreement from the client in writing alongside a reasonable explanation for not accepting such claim.
5.3
Any change in works subsequent to the recommendation of the client and/or engineer will then result in the sum of the quotation to be reviewed and amended to accommodate such change.
6 Finished Surfaces:
6.1
Unless agreed otherwise by both parties, the client shall grant permission on all finished
surfaces which are requiring works, including but not limited to ceiling tiles and panels, face brickwork, finished or plastered walls and rendered masonry surfaces, which the engineer may reasonably have to break into or disturb in performance of the works. However, care will be taken to ensure minimal disruption is caused by ESS Technical Services.
7 Safety
7.1
The client shall ensure that whilst ever the engineer is required to work on the site, it is
maintained as a safe place of work, complying with the QLD Work Health and Safety Act. Should the client fail to ensure appropriate safety and thereby cause the engineer to incur injuries and or costs, then such costs shall be added to the contract sum.
7.2
Clients are responsible in ensuring that the work site is safe for engineers prior to the start of the working day. If the site of work is deemed unsafe by ESS Technical Services, engineers may refuse service until made fit for purpose and charges will still occur for the time.
All above clauses are standing and should be adhered to from both parties, failure to comply may result in additional costs,
8 Unsafe Wiring or Equipment:
8.1
In accordance with the Electrical Safety Regulations, ESS Technical Services are not permitted to allow unsafe wiring or equipment to be connected or remain connected to an electrical installation or supply of electricity.
8.2
Accordingly, if whilst carrying out work ESS Technical Services encounter faulty or unsafe wiring or equipment, we are legally obliged to repair or isolate this and report the matter to the relevant network operator.
8.3
As a result of this requirement, we may be required to perform additional work to the property beyond what was quoted for. By accepting our quote, the client also authorises us to perform such additional works as we see necessary to ensure compliance with the Electrical (Licensing) Regulations and agree to pay the cost of such works.
8.4
Alternatively, if clients do not accept payment of the cost of any such works, clients must provide notification of this intention in writing to ESS Technical Services before any work has commenced. In this situation, we are obliged to isolate the affected circuit and report the matter to the relevant network operator.
9 Care of Materials
9.1
If the client requests that it is necessary and appropriate to store on the site materials and articles to be used in the works or constructional plant, equipment or tools to be used in performance of the works to the engineer, the client shall designate an area for storage and shall take all reasonable precautions to protect any such materials, articles, constructional plant, equipment or tools stored on site from destruction, damage or theft. If they are destroyed, damaged or stolen, the cost of replacement shall be added to the contract sum.
9.2
There will be no warranty for materials supplied by the client. Any fault, damage upon arrival or if the product is unfit for purpose is the sole responsibility of the client.
All above clauses are standing and should be adhered to from both parties, failure to comply may result in additional costs,
10 Cleanliness:
10.1
The engineer shall leave the site clean by removing any dirt and marks attributable to its activities. Waste generated by the engineer shall be deposited in an area designated by the client or deemed fit by the engineer and shall be removed at no cost to the engineer.
11 Insurance:
11.1
Public Liability insurance shall be affected by the engineer in relation to and during the
currency of the works. Such insurance shall cover the engineers’ interest and any related issues occurred.
12 Extension of Time:
12.1
If the engineer is delayed in the execution of the works due to any cause beyond their control (including, but not limited to, acts of God, strikes, lockdowns or other industrial disturbances, fire, floor, explosion and laws, rules, regulations/orders of any Government authority or delays caused by any other person, company or authority), the engineer shall be entitled to a reasonable extension of time to complete the works while such cause exists agreed by the client.
12.2
If any such cause continues for six months or more, either party may by notice in writing to the other terminate the contract. The termination of the contract shall not affect the rights and obligations of either party which accrued prior to such termination.
All above clauses are standing and should be adhered to from both parties, failure to comply may result in additional costs,
13 Cancellation:
13.1
If the client requests cancellation of the agreed quote, they shall pay for work done pursuant to the contract to the date of such request and shall pay ESS Technical Services compensation for all losses (including consequential losses, lost profits and the loss of prospective profits) suffered by it as a result of such cancellation.
14 Agreed Quotes:
14.1
Neither party shall assign the agreed quote in whole or in part without the prior written
approval of the other party.
15 Toxic Substances and Asbestos:
15.1
No allowance has been made for any toxic substance and/or Asbestos work unless mentioned and agreed with in the contract.
15.2
Should asbestos or other toxic substances be discovered or suspected then the client shall accept full responsibility for the resolution and removal of any problems arising. This is to be undertaken by a specialist and any associated costs would be in addition to the above quotation.
All above clauses are standing and should be adhered to from both parties, failure to comply may result in additional costs,
16 Material Costs:
16.1
All material costs stated within the quotation and agreement are subject to change after 30 days due to variation in current pricing and therefore ESS Technical Services hold the right to amend said quotation in accordance and update the client on any change of this quotation.
16.2
If the client is unhappy or refuses the new amended quotation, then the same proceedings will occur as stated in clause 13 if a cancellation is requested and clause
5 if a change of work is refused.
