Simply Electric Gates

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Terms And Conditions

These terms and conditions apply to all aspects of business carried out by us.

Please ensure you are in possession of the latest copy as published on our website:

Please read this document carefully as it will tell you everything you need to know about the terms and conditions on which we will deal with each other.

1. Any variation from these terms and conditions must be confirmed in writing by a director of SEG.

2. If you do not own the property, you will need to obtain the property owner's permission before you can authorise us to start work on the property.  By instructing us to act for you, you are indemnifying us against any action against us, and undertaking to pay our charges in this regard, should you not have this permission.

3. We will carry out all work during our normal working hours (8am to 4pm Monday to Friday), unless we say otherwise.   Works outside these hours are subject to extra charges.

4. 1 We will agree with you what work we will carry out. We will then carry it out as soon as possible, depending on when an engineer is available.

4.2 We endeavor to complete works is a timely manner but cannot be held responsible for delays in completing works, howsoever caused.

5. One of our engineers will usually carry out the work. In some cases, we may authorise a suitably qualified contractor to carry out the work.   Our sub-contractors may not be members of Buy With Confidence.

6. 1 Materials used for the work are guaranteed for one year from the date of fitting them. Within this period, if the materials are defective then we will repair or replace the defective materials free of charge.

6.2 Service exchange items carry a three month warranty.  If our work is defective, then we will re-perform our work free of charge. Our work is guaranteed for one year from the date that the work is completed. These guarantees do not affect your statutory rights in relation to the quality and description of the materials and services.

6.3 Title to goods purchased does not pass until payment is received in full.

7. Our initial repair charge does not include the following:

• Repairs or modifications identified or needed owing to design faults in your current system at the time of the agreed work being carried out;

• Any improvements which are needed to your system or any work needed to bring your system or installation up to current Health & Safety standards;

• Accessing your system (materials and labour) – for example, motors or wiring buried underground or in piers. We will agree any extra costs with you beforehand.

8. The charge for the work includes the labour and parts for fixing the first fault we identify, and faults directly related to that fault. We may charge you separately for repairs to further unrelated faults.

9. Following our work, you may need to do some making good. You will be responsible for this (and we will not pay for it) unless we have been negligent. If access has to be made, we will fill in any holes and leave the surface level but we will not necessarily replace the original surface or construction.

10. If the safety arrangements of your system do not meet the current Health & Safety standards we will tell you what work is needed. The engineer on site will decide whether work can go ahead.  Any work recommended to put things rights is at an extra cost. We will agree with you how much this will cost beforehand.

11. Where we replace existing parts, we will use our best endeavors to get your system working where it is possible. If necessary, we will agree any extra costs with you beforehand.

12. We will not carry out the repair if:

• Parts are unavailable; or

• Your system is or would become unsafe.

13. Notice of your right to cancel

You are entitled to cancel our agreement. If you wish to cancel, you MUST DO SO IN WRITING. You can do this by completing our cancellation form and delivering it personally or sending it (this may be by email) to the address provided within seven days.
Please note that you will be required to pay for any goods or services we provide to you if you have asked us to start work before the end of your cancellation period.

14.0. Using your personal information.

14.1. We may use your information to do the following:

a) Provide you with the services you have requested.

b) Offer you services and products in the future.

c) Contact you about improving the services and products we have provided before, now or in the future.

d) Contact you in any way, including by email, phone, text or multimedia message or other forms of electronic communications, about products and services we may offer.

14.2. We may also monitor and record any communications we have with you, including phone conversations and emails, to make sure we are providing a good service and meeting our regulatory and legal responsibilities.

14.3. To provide services you have asked for, which may include providing  information to members of your family or household, anyone acting on your behalf or other people who may be interested (such as landlords or letting agents);

14.4. If you give us information on behalf of someone else, you confirm you have given them the information set out in these terms and conditions, and that they have given permission for us to use their personal information in the way we have described in clause 

15.1. Failure by us to enforce any rights under these terms and conditions is not to be deemed a waiver of those rights, unless a director of Simply Electric Gates has confirmed a waiver in writing.

15.2. Any waiver or variation of any of these terms and conditions by us at any time, will constitute a waiver or variation for the purpose of that particular transaction only.

16. Each of the above terms shall be read and construed independently of each other. If any part of these terms and conditions is found to be invalid, unlawful or unenforceable by the court or an institution with jurisdiction, then any such term shall be struck out, but the remaining terms and conditions shall remain in force.

17. These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts in England and Wales without reference to rules governing choice of laws.

18.1. Our invoices shall be paid within seven (7) days of the date of invoice, unless otherwise agreed in writing by a director. Late payments will be charged interest on the amount outstanding at the rate of eight (8) percent per annum. 

18.2. Invoices unpaid for more than 30 days after the invoice date will incur a surcharge of either £30 or 5% of the outstanding amount, whichever sum is greater.

18.3. In the event of any dispute, a maximum retention of 5% of the outstanding invoice is permitted.  We expect you to advise us immediately of any issues and allow us the opportunity to resolve.  Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.

18.4. The Company reserves the right to increase an estimated fee in the event that the client requests a variation to the work agreed.

18.5 Any warranty will be invalid whilst monies are due under the contract.

Failure to keep to our credit terms may result in loss of credit facilities, regardless of any prior approval of credit we may have made, we shall be entitled to full or partial payment in advance, if we so require. 

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