For the purposes of these terms and conditions the following definitions shall apply:
“The Company” or “We” shall mean Easyspark. “The Customer” or “You” shall mean the
person or organization who books a job and/or for whom the Company agrees to undertake
works and/or supply materials. The “Operative” shall mean the representative appointed
by the Company to undertake the work.
We reserve the right to refuse or decline work at our discretion. Where we agree
to undertake works for a Customer those works shall be performed by the designated
Operative of the Company at its absolute discretion.
1. The total charge to you shall be stated on the Invoice/job Sheet or where no price
is stated our current standard price for the services provided. The charge shall
consist of the cost of materials supplied by the Company and the amount of time spent
by the Operative in undertaking the works (including reasonable time spent obtaining
un-stocked parts and materials) charged in accordance with the Company’s current
schedule of rates. We may increase the price payable by you to cover any increase
in our costs in providing the services, goods and materials.
2. Where we have given you an estimate of the price payable for the services, goods
and/or materials you ask us to provide, we will do our best to complete the work
and provide the services, goods and/or materials for the estimated amount. However,
the price payable by you may exceed the Price Estimate, but we undertake only to
increase the price by a reasonable amount which shall reflect the work done. Price
Estimates given by the Company are valid for 28 days from the date they are given.
However, we may withdraw the Price Estimate at any time before it is accepted by
3. We shall invoice for the work undertaken and/or any goods and parts/materials
supplied after the work is done and the Total Due on the invoice shall be payable
by you by the date stated on the invoice. If you do not pay the Total Due by the
date stated without the Company’s authorization we reserve the right to levy an administration
charge of £10.
4. Payment may be made by cash, cheque or electronic BACS to the specified bank account.
5. Where the Customer does not pay the Company the Total Due within 15 days of the
specified payment due date on the invoice, in addition to the £10 administration
charge set out, the Customer must pay us interest on the outstanding amount at the
prevailing rate plus 8% per annum or pro rata per month or part of a month there
of and this rate shall apply both before and after the issue of any legal proceedings
we may take against the Customer to recover any unpaid amount. You must pay the Company
an administration charge of £35 in respect of each dishonoured cheque you give us.
6. In the event that the Operative is unable to gain access to the premises at which
you have booked a job you will be liable to pay a minimum amount equivalent to the
first hour of on-site work charge and the charge due for the initial period of work
time. This shall apply irrespective of the job being booked directly by you or by
someone on your behalf e.g. tenant or landlord.
7. We shall agree with you a date and time for the works to be undertaken and we
shall use our best endeavours to ensure the Operative attends at the agreed date
and/or time. However we accept no liability in respect of the late or non delivery
8. Any date or dates included in our estimate or quote are estimated dates only and
we shall not be in breach of this agreement for failing to start or finish work by
any date given in our estimate or quote
9. When we have completed the work and/or supplied goods and materials we shall invite
you to inspect the work and/or the goods and/or materials and shall ask you to sign
a receipt indicating receipt of those goods and materials and/or that the work has
been done. Your signature on the invoice will constitute acceptance of any work done
or goods and/or materials supplied.
10. We shall not be liable for and accept no responsibility for unavoidable damage
caused or any unforeseeable loss you may suffer as a result of the work carried out,
nor shall we be liable for any loss of any nature which is not caused by our negligence
or our breach of the terms of the agreement between us.
11. You must let us know of anything which you believe may present a hazard or danger
to the Operative carrying out work before such work is started. You must also make
sure that we have clear access to the work area and provide us with a supply of mains
electricity and water if necessary. If we incur additional work or expense as a result
of your failure to provide us with clear access, mains electricity and water, we
may charge you a reasonable additional sum in respect of such additional work and/or
12. In addition to your other legal rights we will guarantee our workmanship against
defects for a period of 90 days and guarantee our electrical work for 6 years under
written by NAPIT. The guarantee for goods and materials supplied by us will be in
accordance with the suppliers terms and conditions unless one of the circumstances
set out below applies, in which case no guarantee will be given.
13. We are not obliged to offer a Guarantee. If after having inspected the work or
item we have provided and after considering the work you have requested us to provide
we consider we are unable to offer a Guarantee we shall notify you of the reasons
14. The Guarantee shall be labour only in respect of faulty workmanship for 90 days
from completion and 6 years from completion for electrical work and the manufacturer’s
warranty in force. The Guarantee will be null and void if the work completed or item
supplied by us is
Subject to misuse or negligence Repaired, modified or tampered with by any person
other than a Company Operative Subject to a change of use after we have completed
15. Neither we nor you shall be liable for any breach of our respective obligations
under the agreement between us where either of us is unable to perform those obligations
because of a reason beyond our control.
16. You will be liable for any losses or damages (including damage to our equipment)
which we suffer as a result of either your negligence or your failure to observe
any of your obligations under the agreement between us.
17. Nothing in these Terms and Conditions shall reduce your statutory rights relating
to workmanship and to faulty or misdescribed goods or those relating to our ownership
of goods and materials supplied by us to you.
These terms and conditions shall be governed and construed in accordance with English
law and shall be subject to the exclusive jurisdiction of the English law.