Terms Of Service

1.   Parties, Definitions and Interpretation 

In these terms of service (which are referred to in this document as “these terms”), “Customer” means the customer for whom the works are to be carried out by Mane, “Mane” means Mane Electrical Contractors Ltd. “Contract” means the agreement between the Customer and Mane to carry out the works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Mane) that agreement, “Works” means the works described in Mane’s estimate and/or as referred to in Mane’s Daywork Sheet or any other document or email issued by Mane, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” and “written” include by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.

2.   General

2.1   The Customer will be treated as a non-Account Customer, according to Mane’s reasonable discretion.

2.2   All estimates provided by Mane, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere, they override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Mane and the Customer, except where these terms are a schedule to a signed agreement between the Customer and Mane, in which event these terms apply only to the extent not inconsistent with that agreement.

2.3   The Customer acknowledges that Mane has not made any representations (other than any expressly stated in the Contract and/or in Mane’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Mane for the performance of the Works.

2.4   No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Mane of any documentation of the Customer shall not imply any modification of the Contract.

2.5   Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.

3.   Price, Estimates and Variations

3.1   Unless Mane provides the Customer with a written estimate which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of Mane’s standard Rate Card applicable at the time the Works are carried out.

3.2   Any estimate by Mane is subject to withdrawal by Mane at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date or if an alternative timeframe is stated.

3.3   Where Mane provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by Mane in the estimate and also except as follows:

3.3.1   an estimate is based on the information made available to Mane by the Customer.  If during the conduct of the Works it becomes apparent to Mane that that information was either incorrect or insufficient in any respect that Mane considers to be material, Mane reserves the right to inform the Customer and to increase the estimated price to take account of the revised information; and

3.3.2   if prior to carrying out the works, there is an increase to Mane of the cost of any relevant parts, materials or other items, equipment hire or transport since the date upon which Mane’s estimate was provided, Mane reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.

3.4   For materials, parts or other items that are not carried as part of Mane’s van stock, where an item is not easily sourced or generally held by the major suppliers used by Mane and it considers that significant time will need to be spent tracing and then collecting it, Mane will inform the Customer in advance and, unless the Customer sources the item itself, this will be charged on a time basis as per Mane’s standard Rate Card. It should be noted that this is a rare occurrence.

3.5   Mane’s standard Rate Card is available for inspection on Mane’s website (www.mane-electrical.com) and/or on request. The Rate Card specifies hourly rates. There is a minimum charge of one hour.

3.6   Unless otherwise stated, the price and all estimates provided by Mane are shown exclusive of Value Added Tax which will be payable in addition, where properly chargeable.

3.7   If the Works involve a investigation process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by Mane to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.

3.8   Mane will be entitled, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied by it. The materials mark-up will reflect, at Mane’s sole discretion, the level of trade or other discount that Mane was able to obtain from the relevant supplier.

4.   Payment and Title

4.1   Non-Account Customers: Payment by the Customer is due on completion of the Works. Payment must be made on such completion.

4.2   Account Customers: Mane Electrical will seek to submit invoices to the Customer on completion of the works and payment must be made by the Customer within 14 days after the date of issue of the invoice or other is stipulated in the invoice issued.

4.3   Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Mane has agreed otherwise in writing.

4.4   In the case of consumer Customers, If non payment after the invoice terms, Mane shall be entitled to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented from time to time by Government legislation or regulation.

4.5  Mane shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the works until payment has been made in full.

4.6   All parts, materials and other items supplied by Mane shall not pass to the Customer until payment for the Works has been made in full.

5.   The Works

All descriptions, illustrations, etc. are intended to present a general idea of the works and nothing contained in any of them shall form a part of the contract unless agreed otherwise.

6.   Programme of Works and Completion Dates 

Dates specified for the commencement and completion of the Works are estimates only. Mane Electrical shall use all reasonable methods to ensure that it will adhere to the date and time agreed. However, it accepts no liability in respect of non attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except where specifically stated otherwise.

7.   Permits, Licences, other Consents and Access 

7.1   It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless Mane agrees otherwise in writing and signed by Mane and client. The Customer shall provide clear access to enable Mane to undertake the works and will make all necessary arrangements with the proper persons or authorities for all work.

7.2   The Customer will at all times provide a safe working environment for Mane and its employees, agents and sub-contractors for the purposes of carrying out the Works. Mane will not be required to enter any property when they are occupied but the only occupant is a minor and or there is a ‘animal’ to which is felt to propose a threat to our staff.

7.3   The Customer will provide all necessary power and a clean water supply for Mane’s use in the execution of the Works.

7.4   Where applicable to subterranean works, the Customer will provide, if possible, a plan showing drain layouts and any other services. If this is not available, Mane reserves the right to render additional charges at the relevant rate to ensure subterranean services to not conflict with the works.

7.5   The Customer must obtain any permission for Mane to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties where required. The Customer shall indemnify Mane against all claims of whatsoever nature made by such third parties arising out of the presence of Mane and its employees, agents or sub-contractors on the Customer’s or such third parties’ property save where such claim results directly from negligence on Mane’s part. The Customer shall be liable to Mane for all loss or damage whether direct, indirect or consequential which is suffered by Mane as a result of failure or delay by the Customer in performing the obligations referred to in this paragraph.

7.6   All fixtures and fittings in working areas shall be removed by the Customer before commencement of the Works at the Customer’s expense.  Mane may remove at the Customer’s expense any fixtures and fittings not so removed but it will not be responsible for any damage to any fixture or fitting so removed other than damage proved to be caused by Mane’s negligence.

8.   Removal of Waste Materials 

Unless agreed in writing between the parties, Mane will be responsible for the removal from site of all waste materials resulting from the Works.

9.   Force Majeure 

Mane will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, Epidemic, Pandemic, act of God or any other event or occurrence beyond Mane’s control.

10.   Inspection of Works and Complaints Procedure 

11.1   The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and, if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.

11.2   If the Customer gives Mane a notice that the works or any part thereof are not in accordance with the Contract, as per paragraph 11.1 above,  Mane shall be given access the site to examine the complaint and, if Mane agrees that the Works were not completed in accordance with the Contract,  to make good, at Mane own cost  and expense, any defect.  If Mane does not agree with the Customer’s complaint, the Customer shall be entitled to refer the matter to the relevant trade accreditation body (of which a list is maintained on Mane’s website), with a view to mediation in accordance with the recommendations of the body, failing which the Customer shall be deemed to have withdrawn its complaint and shall be obliged to make payment in full for the Works in accordance with paragraph 4 above. If the Customer involves a third party contractor prior to giving Mane a reasonable opportunity to correct any agreed defect or prior to exhausting the procedure recommended by the relevant accreditation body, any such involvement shall be at the Customer’s own cost and expense and Mane shall be entitled to payment in full in accordance with paragraph 4 above.

11.   Defects 

12.1   Subject to paragraph 11 above and the exclusions listed in paragraph 12.4 below, Mane undertakes to repair or make good any defect in completed work which appears within 12 months of completion of the same to the extent that such defect arises from a breach of Mane’s obligations under the Contract and provided that details of the defect are notified by the Customer to Mane in writing within such period and that Mane and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by Mane and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 4 above.

12.2   If Mane returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of the Contract on the part of Mane, Mane reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above.

12.3   Mane reserves the right not to carry out any work under this paragraph 12 where the Customer cannot evidence that the work was originally carried out and completed by Mane or where payment has not been made in full for such work.

12.4  The exclusions referred to in paragraph 12.1 above are:
– Parts, materials and other items will be provided only with the benefit of the manufacturer’s and/or supplier’s guarantee, to the extent available and are not guaranteed by Mane.
– Systems or structures not installed by Mane.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Mane prior to the work having been undertaken.
– Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Mane).
– Structural defects encompassing but not limited to subsidence and its resultant effect.

12. Mane’s Liability

13.1   These terms set out Mane’s entire liability in respect of the Works and Mane’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.

13.2  Mane’s liability shall be limited to:
– The repair or making good of any defect pursuant to its undertaking in paragraph 12 above and subject always to paragraph 11 above.
– Liability for death or personal injury resulting from negligence in the course of carrying out Mane’s duties.
– The reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from Mane’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.

13.3 Mane will not be responsible for damage suffered to a part of the Customer’s property (whether or not Mane is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.

13.   Customer’s Liability

14.1   The Customer shall, in addition to its liability under paragraph 7.5 above and paragraph 15.1 below, be liable for:
– Any loss, damage or injury, whether direct, indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations in connection with the Contract.
– The safety of both plant and machinery belonging to or hired in by Mane or its employees, agents or sub-contractors and shall indemnify Mane against its loss, theft or damage.

14.2    The Customer shall indemnify Mane against all actions, suits, claims, demands, losses, charges, costs and expenses which Mane may suffer or incur resulting from a failure or delay in the performance of the Customer’s obligations, undertakings, representations or warranties in connection with the Contract.

14.   Cancellation 

15.1   If the Customer cancels the Contract without Mane’s agreement other than pursuant to paragraph 3.3 above, subject to paragraph 15.3 below, the Customer shall indemnify Mane against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Mane’s right to payment in accordance with paragraph 4 above or to the cancellation charges pursuant to paragraph 15.4 below.

15.2   If the Customer wishes to cancel an appointment for a visit by Mane, the Customer will incur a cancellation fee of £85 (plus VAT) if the cancellation is made 2 hours or less before the scheduled appointment time unless the Mane engineer has arrived on site before notice of the cancellation is received by Mane, in which event the Customer will be liable to pay a charge for one hour at the appropriate Mane rate.

15.3   The Customer will be entitled to the following cooling off period: The period will apply with respect to planned non-emergency Works for which Mane has provided a written estimate which has been accepted by the Customer in writing and the contract price of the estimated Works exceeds £1,000. The period will be for a period of 14 days following the day of the Customer’s acceptance of the estimate, and the Customer may at any time during that period by written notice to Mane cancel the Works without any charge or penalty, subject to the cancellation charges referred to in paragraph 15.4 below and to the Works not having already commenced (with the agreement of the Customer).

15.4   When the Customer cancels Works, unless the cancellation is pursuant to paragraph 3.3 above, the Customer will be liable for (i) as a contribution to the bank and credit card charges incurred by Mane, 5% of any amount already paid to Mane and which is to be refunded by Mane, and (ii) as a contribution to the administration, demobilisation and other costs incurred by Mane, a charge of £50 (plus VAT) except that if greater, the charge is 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.

15.   Waiver, Variation etc. 

No waiver by Mane of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Mane unless sanctioned in writing by Mane. No forbearance or delay on Mane’s part shall prejudice Mane’s rights and remedies under this Contract.