Service Terms and Conditions
Introduction
These are Elite Renewables Limited (ERL) Terms and Conditions. They tell you:
When These Terms Apply
Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies.
The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
What Do We Mean by “Services”?
Anything offered by ERL, across all the trades we cover (Plumbing, Heating, Drainage, Electrics, Cooling, Ventilation, Emergencies, Architecture and Commercial ):
Terminology
For the purpose of these terms and conditions the following words have the following meanings:
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us.
Hourly Rate Work
The total charge to you will consist of the cost(s) of:
You will only be charged for the time spent related to your work. All other time, i.e. lunch breaks, is non-chargeable. All charges are subject to VAT at the prevailing rate, except in cases where the work carried out is zero rated.
Fixed Price Work
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour and materials, and will be within 10% over the equivalent total hourly rate cost. All costs are subject to VAT at the prevailing rate.
Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:
We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorized representative. We will not be bound by any estimates given orally or in which manifest errors occur.
Offers and Incentives
On an ongoing basis, at our discretion, we promote a selection of offers and incentives, these will be clearly defined including any specific terms and conditions. Offers and incentives may only be used in conjunction with each other at our discretion.
Material Collection
Collection of non-stock items is chargeable, however:
Invoices and Payment
Upon your agreement for us to carry out estimated or Pre-Booked work, a deposit payment of 50% of the total is payable immediately. We reserve the right to request full payment in advance at our discretion.
Upon completion of work you will be invoiced, for which payment is due on receipt. ERL reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 8% over the base rate until payment is received by us in full.
You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.
We reserve the right to apply reasonable recovery costs should you fail to pay us.
Timekeeping
Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavor to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
Cancellation
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.
Satisfaction
ERL are committed to providing professional, top quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 12 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
Guarantee
For your peace of mind, we provide a 12 month guarantee on labour carried out by an ERL tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
The guarantee will become null and void if the work/appliance completed/supplied by us is:
We will not guarantee any work in respect of:
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over seven years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
Liability
We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by an ERL tradesperson.
Title to Goods
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property, we have the absolute authority to:
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
General
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorized representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
Business to Business Terms and Conditions
Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Materials and Services) by Elite Renewables Limited a company registered in England and Wales under number 12188050 whose registered office is at Unit 14 Redlands Centre, Cousldon , Surrey (we or us) to the person buying the services (you).
You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales. Saturday’s, Sunday’s or bank holidays are deemed to be “Out of Hours Working”.The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Materials and Services
We warrant that we will use reasonable care and skill in our performance of the execution of the Services and supply of the Materials which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
If you do not comply with clause 10, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses where required, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable half hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
We will invoice you for payment of the Fees either:
You must pay the Fees due by return (within 24 hours) or otherwise in accordance with any credit term agreement between us.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
We reserve the right to apply reasonable recovery costs, at our discretion, should you fail to make payment.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
We do not accept cheques, cash or American Express cards and payment should be made by CHAPS in all instances.
Sub-Contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
We can terminate the provision of the Services immediately if you:
Intellectual property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Operations Manager at the following e-mail address: Ljoy@eliterenewables.co.uk
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No waiver
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Elite Renewables Limited is a company incorporated in England and Wales with registered number: 12188050
Our registered office address is: Unit 14 Redlands Centre, Coulsdon, Surrey, CR5 2HT.
Our registered VAT number is: 332 6514 21
Introduction
These are Elite Renewables Limited (ERL) Terms and Conditions. They tell you:
- The rules for using our services
- What you can expect from ERL
- Your rights and responsibilities
When These Terms Apply
Please ensure you read these terms before using our services. By using our services, you are agreeing to these terms. You’re also agreeing to our: Terms of Use, Privacy and Cookie policies.
The latest version always applies, and we’ll usually only make updates when we offer a new service, change how we provide a service, or have to comply with a new legal requirement.
What Do We Mean by “Services”?
Anything offered by ERL, across all the trades we cover (Plumbing, Heating, Drainage, Electrics, Cooling, Ventilation, Emergencies, Architecture and Commercial ):
- Enquiries
- Estimates
- Project Work
- Installations
- Repairs
- Emergency Call Outs
- Servicing
- Guarantees
Terminology
For the purpose of these terms and conditions the following words have the following meanings:
- “Us/We/Our” refers to Elite Renewables Limited.
- “You” refers to you: the customer (the person or organization for whom we agree to carry out work and/or supply of materials).
- “Tradesperson/tradespeople” refers to the representative(s) appointed by ERL to carry out work.
We reserve the right to refuse or decline to undertake any work. We reserve the right, at our absolute discretion, to designate the tradesperson/tradespeople who will represent us.
Hourly Rate Work
The total charge to you will consist of the cost(s) of:
- Labour (the amount of time spent by the tradesperson carrying out work) including all reasonable time spent in obtaining non-stocked materials, charged in accordance with our current hourly rates.
- Materials supplied by us (not exceeding the trade purchase price of materials +25% mark-up).
You will only be charged for the time spent related to your work. All other time, i.e. lunch breaks, is non-chargeable. All charges are subject to VAT at the prevailing rate, except in cases where the work carried out is zero rated.
Fixed Price Work
The total charge to you will be given as a firm cost (manifest errors exempted), inclusive of labour and materials, and will be within 10% over the equivalent total hourly rate cost. All costs are subject to VAT at the prevailing rate.
Where a written estimate has been supplied to you, the total charge outlined in the estimate should not exceed the actual time taken by more than 20%, but may be revised in the following circumstances:
- If, after submission of the estimate, you instruct us (in writing or verbally) to carry out additional work not referred to in the estimate.
- If, after submission of the estimate, there is an increase in the price of materials.
- If, after submission of the estimate, it is discovered that further work needs to be carried out which were not anticipated when the estimate was prepared.
- If, after submission of the estimate, it is discovered that there was a manifest error when the estimate was prepared.
- Requirement of a detailed Insurance Report (in addition to the estimate and invoice) will incur a nominal charge of £25.00.
We will not be under any obligation to provide an estimate to you and will only be bound by estimates given in writing to you and signed by an authorized representative. We will not be bound by any estimates given orally or in which manifest errors occur.
Offers and Incentives
On an ongoing basis, at our discretion, we promote a selection of offers and incentives, these will be clearly defined including any specific terms and conditions. Offers and incentives may only be used in conjunction with each other at our discretion.
Material Collection
Collection of non-stock items is chargeable, however:
- Time taken will be kept to a minimum and within reason.
- If the collection time is likely to exceed 45 minutes you should be additionally informed of the circumstances.
- Only one tradesperson is permitted to leave the job to collect required materials/parts.
Invoices and Payment
Upon your agreement for us to carry out estimated or Pre-Booked work, a deposit payment of 50% of the total is payable immediately. We reserve the right to request full payment in advance at our discretion.
Upon completion of work you will be invoiced, for which payment is due on receipt. ERL reserves the right to accrue and charge interest on any part of an invoice which remains unpaid at a rate of 8% over the base rate until payment is received by us in full.
You accept sole liability to make payment in full, unless you disclose when initially instructing us, to carry out work and/or supply materials that you are acting on behalf of a third party.
We reserve the right to apply reasonable recovery costs should you fail to pay us.
Timekeeping
Where the date and/or time for work to be carried out is agreed, we will use reasonable endeavor to ensure that the tradesperson attend accordingly. We accept no liability in respect of the non-attendance or late-attendance on site of the tradesperson, or for the late or non-delivery of materials.
We will not be liable for any delay, or for the consequences of any delay, in performing any of our obligations if such delay is due to any cause beyond our reasonable control, and we will be entitled to a reasonable extension of the time for performing such obligations.
Cancellation
If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone, and you should request written confirmation from us, so that you are not liable to be charged.
If you cancel your instructions more immediately prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.
Satisfaction
ERL are committed to providing professional, top quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 12 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
Guarantee
For your peace of mind, we provide a 12 month guarantee on labour carried out by an ERL tradesperson, in respect of faulty workmanship only. This is active from the date of completion of work, in addition to any manufacturer’s warranty/warranties.
The guarantee will become null and void if the work/appliance completed/supplied by us is:
- Subject to misuse or negligence.
- Repaired, modified or tampered with by anyone other than an ERL tradesperson. We will accept no liability for, or guarantee suitability of materials supplied by you and will accept no liability for any consequential damage or fault.
We will not guarantee any work in respect of:
- Blockages in waste or drainage systems
- Any work undertaken on instruction from you and against the written or verbal advice of the tradesperson.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed.
Where we agree to carry out work on installations of inferior quality (or over seven years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
Liability
We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
You will be solely liable for any hazardous situation in respect of the Gas Safe Regulations or any Gas Warning Notice issued by an ERL tradesperson.
Title to Goods
Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property, we have the absolute authority to:
- Retake, sell or otherwise deal with or dispose of all or any part of these goods.
- Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
- Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
General
These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorized representative and you. Our terms and conditions will prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
These terms and conditions, and all contracts awarded between us and you, shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
Business to Business Terms and Conditions
Application and entire agreement
These Terms and Conditions apply to the provision of the services detailed in our quotation (Materials and Services) by Elite Renewables Limited a company registered in England and Wales under number 12188050 whose registered office is at Unit 14 Redlands Centre, Cousldon , Surrey (we or us) to the person buying the services (you).
You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales. Saturday’s, Sunday’s or bank holidays are deemed to be “Out of Hours Working”.The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Materials and Services
We warrant that we will use reasonable care and skill in our performance of the execution of the Services and supply of the Materials which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavors to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
Your obligations
You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
If you do not comply with clause 10, we can terminate the Services.
We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
Fees
The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses where required, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable half hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Cancellation and amendment
We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
Payment
We will invoice you for payment of the Fees either:
- when we have completed the Services; or
- on the invoice dates set out in the quotation.
You must pay the Fees due by return (within 24 hours) or otherwise in accordance with any credit term agreement between us.
Time for payment shall be of the essence of the Contract.
Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
We reserve the right to apply reasonable recovery costs, at our discretion, should you fail to make payment.
All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
Receipts for payment will be issued by us only at your request.
All payments must be made in British Pounds unless otherwise agreed in writing between us.
We do not accept cheques, cash or American Express cards and payment should be made by CHAPS in all instances.
Sub-Contracting and assignment
We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Termination
We can terminate the provision of the Services immediately if you:
- commit a material breach of your obligations under these Terms and Conditions; or
- fail to make pay any amount due under the Contract on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- any indirect, special or consequential loss, damage, costs, or expenses or;
- any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
- any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
Data Protection
When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Operations Manager at the following e-mail address: Ljoy@eliterenewables.co.uk
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
Communications
All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
Notices shall be deemed to have been duly given:
- when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- on the fifth business day following mailing, if mailed by national ordinary mail; or
- on the tenth business day following mailing, if mailed by airmail.
All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
No waiver
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
Severance
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Elite Renewables Limited is a company incorporated in England and Wales with registered number: 12188050
Our registered office address is: Unit 14 Redlands Centre, Coulsdon, Surrey, CR5 2HT.
Our registered VAT number is: 332 6514 21