Terms and Conditions of Business

Sparkz Electric Ltd

Terms & Conditions of Business

England & Wales

IMPORTANT NOTICE

These Terms & Conditions form a legally binding agreement between Sparkz Electric Ltd (“the Contractor”) and the Client.

By instructing, accepting, authorising, requesting, booking, permitting attendance, or allowing commencement of any works, the Client confirms acceptance of these Terms & Conditions in full.

Acceptance may occur verbally, electronically, by email, WhatsApp, purchase order, text message, deposit payment, or conduct.

These Terms apply to all domestic, commercial, industrial, landlord, maintenance, testing, inspection, commissioning, and reactive works undertaken by Sparkz Electric Ltd unless expressly varied in writing.

1. DEFINITIONS

1.1 “Contractor” means Sparkz Electric Ltd including employees, operatives, subcontractors, agents, consultants, and authorised representatives.

1.2 “Client” means any individual, company, landlord, managing agent, tenant, developer, principal contractor, business, partnership, trust, housing provider, or representative instructing the Works.

1.3 “Works” means all electrical works, testing, inspection, design, fault finding, commissioning, remedial works, maintenance, certification, attendance, and associated services.

1.4 “Site” means any property, premises, installation, land, building, structure, or location where the Works are undertaken.

1.5 “Practical Completion” means the point at which the Works are substantially complete and capable of intended use notwithstanding minor defects or omissions.

1.6 “Variation” means any alteration, omission, substitution, acceleration, addition, redesign, delay, suspension, or change to the original scope.

2. FORMATION OF CONTRACT

2.1 A legally binding Contract shall arise immediately upon:

• Written acceptance of a quotation;
• Instruction to proceed;
• Verbal instruction;
• Purchase order issue;
• Deposit payment;
• Site attendance following instruction;
• Acceptance by conduct.

2.2 These Terms supersede all alternative client terms unless expressly agreed in writing by a Director of the Contractor.

2.3 Any terms attached to purchase orders or client documentation shall be void unless expressly accepted in writing.

2.4 The Client warrants they possess authority to instruct the Works.

3. STATUTORY COMPLIANCE

3.1 Works shall be carried out in accordance with legislation and standards applicable at the time of installation including where relevant:

• BS 7671;
• Electricity at Work Regulations 1989;
• Building Regulations;
• Health & Safety at Work etc. Act 1974;
• Electricity Safety, Quality and Continuity Regulations;
• Consumer Rights Act 2015;
• Supply of Goods and Services Act 1982.

3.2 The Contractor shall not be responsible for upgrades to legislation or standards occurring after Practical Completion.

4. QUOTATIONS & ESTIMATES

4.1 Quotations remain valid for 30 calendar days unless otherwise stated.

4.2 Estimates are indicative only and shall not constitute fixed-price offers.

4.3 Quotations are based solely on visible conditions and information reasonably available at the time of pricing.

4.4 Unless expressly included, quotations exclude:

• Structural works;
• Joinery;
• Scaffolding;
• Flooring works;
• Specialist access equipment;
• Decoration;
• Builder’s works;
• Asbestos removal;
• Utility upgrades;
• Network operator charges;
• Parking permits;
• Congestion charges;
• Out-of-hours working;
• Temporary power supplies;
• Making good beyond reasonable electrical disturbance areas.

4.5 The Contractor reserves the right to revise pricing where:

• Site conditions differ materially;
• Hidden defects are discovered;
• Existing installations are unsafe or non-compliant;
• Scope changes occur;
• Material costs materially increase;
• Delays outside Contractor control occur.

5. VARIATIONS

5.1 Any work outside the original agreed scope shall constitute a Variation.

5.2 Variations shall be chargeable in addition to the Contract Sum.

5.3 Variations may arise from:

• Client instruction;
• Existing installation defects;
• Regulatory compliance;
• Manufacturer requirements;
• Site conditions;
• Third-party interference.

5.4 The Contractor reserves the right to suspend works pending written agreement of Variation costs.

5.5 Emergency safety works may proceed without prior approval where necessary to eliminate immediate danger.

6. PAYMENT TERMS

6.1 Unless otherwise agreed:

• Domestic invoices are due immediately upon Practical Completion;
• Commercial invoices are due within 7 calendar days;
• Testing and certification invoices are due prior to release of documentation.

6.2 Time for payment shall be of the essence.

6.3 The Contractor reserves the right to require:

• Deposits;
• Interim valuations;
• Stage payments;
• Advance material payments.

6.4 Failure to make payment entitles the Contractor to:

• Suspend works immediately;
• Remove labour from Site;
• Withhold certification;
• Withhold Building Regulations notification;
• Recover goods;
• Recover losses arising from suspension.

6.5 Interest shall accrue on overdue sums:

• At 8% above Bank of England base rate;
• Pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 where applicable;
• Calculated daily.

6.6 The Client shall indemnify the Contractor against all reasonable recovery costs including:

• Solicitor fees;
• Debt collection costs;
• Court fees;
• Enforcement fees;
• Administrative costs.

7. RETENTION OF TITLE

7.1 Legal and beneficial ownership of all goods supplied shall remain vested in the Contractor until all sums owed have been paid in full.

7.2 Risk in goods shall pass upon delivery to Site.

7.3 Until ownership transfers, the Client shall:

• Store goods separately where practicable;
• Maintain goods in satisfactory condition;
• Keep goods identifiable.

7.4 The Contractor reserves the right to enter premises and recover unpaid goods where legally permissible.

8. CERTIFICATION & DOCUMENTATION

8.1 All certificates, reports, drawings, schematics, commissioning records, calculations, and documentation remain the property of the Contractor until full payment has cleared.

8.2 The Contractor reserves the right to withhold:

• EICRs;
• Electrical Installation Certificates;
• Minor Works Certificates;
• Building Regulations notifications;
• Test schedules;
• O&M manuals;
  until payment is received in full.

8.3 Certification applies only to works undertaken within the agreed scope.

8.4 Inspection and testing represent the condition of the installation only at the time of inspection.

9. EXISTING INSTALLATIONS

9.1 No warranty is provided on existing installations not installed by the Contractor.

9.2 The Client acknowledges that alteration works may expose latent defects or dangerous conditions.

9.3 The Contractor reserves the right to:

• Isolate unsafe circuits;
• Refuse energisation;
• Suspend works;
• Disconnect dangerous equipment.

9.4 The Contractor shall not be liable for deterioration, hidden defects, historic non-compliance, rodent damage, moisture ingress, or third-party interference.

10. ACCESS & SITE CONDITIONS

10.1 The Client shall provide:

• Safe access;
• Adequate lighting;
• Suitable working conditions;
• Welfare facilities where legally required;
• Clear working areas.

10.2 Restricted access, occupied areas, permit delays, or excessive furniture movement may incur additional costs.

10.3 Abortive visits shall be chargeable.

10.4 Programme dates are estimates only unless expressly agreed otherwise in writing.

11. DAMAGE & MAKING GOOD

11.1 Electrical works may necessitate disturbance to existing finishes.

11.2 Unless expressly included, the Contractor shall not be responsible for:

• Redecoration;
• Specialist finishes;
• Flooring replacement;
• Cosmetic repairs;
• Colour matching.

11.3 The Contractor shall not be liable for damage to fragile, defective, aged, or poorly bonded materials.

12. CLIENT-SUPPLIED MATERIALS

12.1 No warranty is provided on client-supplied equipment.

12.2 The Contractor reserves the right to refuse installation of:

• Unsafe products;
• Counterfeit goods;
• Non-compliant products;
• Damaged equipment.

12.3 Additional labour arising from defective client-supplied equipment shall be chargeable.

13. ASBESTOS & HAZARDOUS MATERIALS

13.1 The Contractor assumes no responsibility for identifying asbestos-containing materials.

13.2 Works may cease immediately upon discovery or suspicion of hazardous materials.

13.3 Resulting delays and remobilisation costs shall be chargeable.

14. HEALTH & SAFETY

14.1 The Contractor reserves the right to refuse unsafe work.

14.2 The Client shall disclose known hazards including:

• Asbestos;
• Structural instability;
• Water ingress;
• Hazardous substances;
• Vermin infestation.

14.3 The Contractor may suspend works where health and safety risks exist.

15. WARRANTIES

15.1 Subject to full payment, workmanship is warranted for 12 months from Practical Completion.

15.2 Manufacturer warranties remain subject to manufacturer terms.

15.3 Warranty shall be void where:

• Third parties alter the Works;
• Installations are overloaded;
• Damage results from misuse;
• Recommended remedials are declined;
• Payments remain outstanding.

15.4 Warranty excludes:

• Consumables;
• Lamps;
• Batteries;
• Fair wear and tear;
• Corrosion;
• Environmental deterioration.

16. LIMITATION OF LIABILITY

16.1 Nothing within these Terms excludes liability for death or personal injury caused by negligence where prohibited by law.

16.2 Subject to Clause 16.1, the Contractor’s total aggregate liability shall not exceed:

• The Contract Sum; or
• £1,000,000,
  whichever is lower.

16.3 The Contractor shall not be liable for:

• Consequential loss;
• Loss of earnings;
• Loss of profit;
• Business interruption;
• Tenant disruption;
• Accommodation costs;
• Product spoilage;
• Data loss;
• Indirect losses.

16.4 The Contractor shall not be liable for losses arising from:

• Existing installation defects;
• Utility failures;
• Third-party works;
• Manufacturer defects;
• Network interruptions.

17. INSURANCE

17.1 The Contractor shall maintain appropriate Public Liability insurance.

17.2 Insurance details shall be made available upon reasonable request.

18. INTELLECTUAL PROPERTY

18.1 All drawings, designs, calculations, schematics, specifications, and documentation remain the intellectual property of the Contractor.

18.2 Such documents shall not be reproduced or distributed without written consent.

19. PHOTOGRAPHS & RECORDS

19.1 The Contractor reserves the right to photograph:

• Existing conditions;
• Defects;
• Work progress;
• Completed installations;
  for evidential, insurance, certification, training, and quality control purposes.

19.2 Anonymised images may be used for marketing unless refused in writing prior to commencement.

20. SUBCONTRACTORS

20.1 The Contractor reserves the right to appoint suitably qualified subcontractors and specialists.

20.2 The Contractor shall remain responsible for works undertaken by appointed subcontractors.

21. SUSPENSION & TERMINATION

21.1 The Contractor may suspend works immediately where:

• Payments are overdue;
• Unsafe conditions exist;
• Abuse or threatening behaviour occurs;
• Client interference occurs;
• Regulatory breaches arise.

21.2 Upon suspension or termination, the Contractor shall be entitled to recover:

• Works completed;
• Materials ordered;
• Loss of profit;
• Remobilisation costs;
• Administrative costs.

22. FORCE MAJEURE

22.1 The Contractor shall not be liable for delays or failure arising from events beyond reasonable control including:

• Severe weather;
• Illness;
• Supplier shortages;
• Industrial disputes;
• Government restrictions;
• Utility outages;
• Flood;
• Fire;
• Pandemic events.

23. CLIENT INSOLVENCY

23.1 If the Client:

• Becomes insolvent;
• Enters liquidation;
• Enters administration;
• Becomes bankrupt;
• Fails to pay debts as they fall due;
  the Contractor may immediately terminate the Contract.

23.2 All outstanding sums shall become immediately due.

24. DISPUTE RESOLUTION

24.1 The parties shall attempt amicable resolution in the first instance.

24.2 The Contractor reserves the right to pursue recovery via:

• County Court;
• High Court;
• Statutory demand;
• Adjudication where applicable.

25. LIMITATION PERIOD

25.1 Any claim arising from the Works must be notified in writing within 12 months of Practical Completion.

25.2 Claims notified outside this period shall be barred except where prohibited by law.

26. DATA PROTECTION

26.1 The Contractor shall process personal data in accordance with applicable UK data protection legislation.

26.2 Client information may be retained for:

• Certification;
• Legal compliance;
• Insurance;
• Accounting;
• Warranty administration.

27. CONSUMER RIGHTS

27.1 Nothing within these Terms affects statutory consumer rights under the Consumer Rights Act 2015.

28. NON-PAYMENT RIGHTS

28.1 Where payment remains overdue, the Contractor reserves the right to:

• Suspend ongoing works;
• Refuse future attendance;
• Withdraw labour and materials from Site;
• Cancel future bookings;
• Refuse issue of certification;
• Refuse energisation or commissioning;
• Pursue debt recovery action.

28.2 Suspension of works for non-payment shall not constitute breach by the Contractor.

28.3 Any remobilisation following suspension shall be chargeable.

29. COMMISSIONING & ENERGISATION

29.1 The Contractor reserves the right to refuse energisation of any installation deemed unsafe or non-compliant.

29.2 Temporary energisation shall not constitute Practical Completion.

30. CLIENT RESPONSIBILITIES

30.1 The Client shall:

• Ensure adequate access;
• Remove valuables where necessary;
• Protect sensitive equipment;
• Ensure pets and children are controlled;
• Provide information reasonably requested by the Contractor.

30.2 The Contractor shall not be liable for damage to unsecured valuables or sensitive equipment left within work areas.

31. OCCUPIED PREMISES

31.1 Where works are undertaken in occupied premises, the Client acknowledges:

• Temporary power interruptions may occur;
• Noise, dust, vibration, and disturbance are unavoidable;
• Certain circuits may require isolation for safety.

31.2 The Contractor shall use reasonable endeavours to minimise disruption but accepts no liability for inconvenience.

32. UNFORESEEN CONDITIONS

32.1 The Contractor shall not be responsible for hidden or unforeseeable conditions including:

• Buried services;
• Unsafe wiring;
• Concealed junctions;
• Structural defects;
• Rotten timber;
• Water ingress;
• Vermin damage.

32.2 Additional works arising from unforeseen conditions shall be chargeable.

33. DESIGN RESPONSIBILITY

33.1 Unless expressly stated, the Contractor accepts no design responsibility beyond standard installation practice.

33.2 The Contractor shall not be liable for deficiencies in third-party specifications or designs.

34. STORAGE OF MATERIALS

34.1 Where materials are delivered to Site prior to installation, the Client shall be responsible for safe storage.

34.2 The Contractor accepts no liability for theft, loss, or damage to materials stored on Site unless caused by Contractor negligence.

35. ABANDONED PROJECTS

35.1 Where works are delayed or abandoned by the Client for a period exceeding 14 days, the Contractor reserves the right to:

• Revalue remaining works;
• Recover remobilisation costs;
• Invoice completed stages immediately.

36. PRICE FLUCTUATIONS

36.1 The Contractor reserves the right to adjust pricing where material, fuel, labour, or supplier costs materially increase after quotation date.

37. NETWORK OPERATOR & SUPPLY ISSUES

37.1 The Contractor accepts no liability for:

• DNO delays;
• Supply upgrades;
• PME availability;
• Utility interruptions;
• Supply authority restrictions.

37.2 Any DNO-related costs remain the responsibility of the Client unless expressly included.

38. THIRD-PARTY INTERFERENCE

38.1 The Contractor shall not accept liability for works altered, extended, or interfered with by third parties after certification.

38.2 Any reattendance required following third-party interference shall be chargeable.

39. ELECTRONIC COMMUNICATIONS

39.1 The Client agrees that:

• Email;
• WhatsApp;
• Electronic signatures;
• Digital approvals;
  may constitute valid instruction and contractual acceptance.

40. SEVERABILITY

40.1 If any provision of these Terms is deemed unlawful or unenforceable, the remaining provisions shall remain fully enforceable.

41. WAIVER

41.1 Failure by the Contractor to enforce any provision shall not constitute waiver of rights.

42. TIME EXTENSIONS

42.1 The Contractor shall be entitled to reasonable extensions of time where delays arise beyond reasonable control.

42.2 Such delays shall not give rise to compensation claims unless expressly agreed in writing.

43. TESTING LIMITATIONS

43.1 Testing may require temporary disconnection or isolation of circuits and equipment.

43.2 The Contractor shall not be liable for failure of existing equipment during testing where such failure arises from pre-existing defects or deterioration.

44. FIRE STOPPING & PENETRATIONS

44.1 Unless expressly included, quotations exclude specialist fire stopping certification.

44.2 Basic making good around penetrations shall not constitute certified passive fire protection works unless specifically stated.

45. CYBER & SMART SYSTEMS

45.1 The Contractor accepts no liability for:

• Network failures;
• WiFi coverage issues;
• Third-party app failures;
• Software updates;
• Cloud service outages;
  relating to smart systems or connected devices.

46. SURVIVAL OF CLAUSES

46.1 Clauses relating to:

• Payment;
• Liability;
• Intellectual property;
• Warranties;
• Dispute resolution;
  shall survive termination of the Contract.

47. ENTIRE AGREEMENT

47.1 These Terms constitute the entire agreement between the parties.

47.2 No variation shall be binding unless agreed in writing by the Contractor.

48. GOVERNING LAW

48.1 These Terms shall be governed exclusively by the laws of England & Wales.

48.2 The Courts of England & Wales shall have exclusive jurisdiction.

Sparkz Electric Ltd

Commercial • Industrial • Domestic
Inspection & Testing • Maintenance • EC&I • Electrical Contracting

NICEIC Approved Contractor • Fully Insured

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