WARRANTY TERMS AND CONDITIONS
PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING SMARTER ELECTRICAL LTD https://www.smarter-electrical.co.uk. THESE WARRANTY TERMS AND CONDITIONS APPLY TO ALL USERS OF THIS SITE. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS AND CONDITIONS (COLLECTIVELY, “WARRANTY TERMS AND CONDITIONS”) AND YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE, YOU MAY NOT ACCESS OR USE THIS SITE. BY USING THIS SITE
Smarter Electrical LTD reserves the right to modify these Warranty Terms and Conditions without notice, and any modifications are effective when they are posted here. Smarter Electrical LTD may, at any time, in its discretion, terminate your access to this Web site. Smarter Electrical LTD may monitor access to the Website If you are accessing this Web site as a representative of an organization, these Warranty Terms and Conditions bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you personally and the organization.
Definition and Duration
These conditions form part of a warrant submitted by the Smarter Electrical LTD to the Client named in the warrant. The Smarter Electrical LTD will carry out “the Works” described in this warrant for “the contract sum,” which may be varied according to these conditions. This warrant may only be accepted by written notice to the Smarter Electrical LTD within thirty days from the date of the warrant and, if not so agreed, the Smarter Electrical LTD reserves the right to revise it.
Upon acceptance of this warrant, a binding contract (“the Contract”) shall be created between the Smarter Electrical LTD and the Client solely on these terms contained herein, including the terms contained in the Smarter Electrical LTD’s warrant.
The Client has represented the ability and capacity to pay for the works to be completed and must provide a suitable guarantee for payment if requested by the Smarter Electrical LTD.
No change in terms of the contract shall be effective unless agreed in writing by the Smarter Electrical LTD. The waiver by the Smarter Electrical LTD of a term or a breach of any of these terms shall not be deemed to be a waiver of any other term or any subsequent breach of that or any other term.
Terms of Payment
Progress Payment – The Smarter Electrical LTD shall submit monthly progress claims on a day nominated by the Smarter Electrical LTD in respect of both those identifiable parts of the works completed by the Smarter Electrical LTD and any identifiable unfixed materials and goods intended for the works and stored by the Smarter Electrical LTD and the Client shall provide a payment schedule within ten working days after submission. They shall pay the amount of any progress claim within 30 days of its date unless otherwise agreed upon.
Lump-Sum Payment – The Client shall upon completion of the contracted works, pay the total contracted sum in full within seven days of receipt of invoice, less any deposit paid.
At the time of acceptance of this warrant, the Client shall submit to the Smarter Electrical LTD the proposed work schedule for the execution of the works. If the Smarter Electrical LTD agrees to the work schedule, it shall form part of the contract and shall not be varied except following these terms. If a work schedule is not submitted or agreed upon, the Smarter Electrical LTD shall complete the works within a time which is reasonable in all circumstances.
Within fourteen (14) days after acceptance of this warrant (or as otherwise agreed), the Client shall give the Smarter Electrical LTD possession of sufficient of the site to enable the works to commence. After that, the Client shall provide the Smarter Electrical LTD possession of further parts of the site as and when required by the Smarter Electrical LTD to enable the Smarter Electrical LTD to execute works following the contract.
If the execution of the works by the Smarter Electrical LTD is delayed or interrupted because the Client fails to adhere to the agreed work schedule:
a) the Client shall not be entitled to defer payment of progress claims for goods manufactured or procured, or work is done, by the Smarter Electrical LTD in conformity with the agreed work schedule;
b) the Smarter Electrical LTD shall be entitled to add to the contract sum a storage charge equivalent to 1.5% per month of the value of goods procured or manufactured in conformity with the agreed work schedule;
c) the Smarter Electrical LTD shall be entitled to add to the contract sum the amount of any additional costs in materials, labour and overheads incurred because of such delay or interruption, and a reasonable allowance for profit margins; and
d) The Smarter Electrical LTD shall be entitled to a logical extension of time to complete the works.
If the works are completed within six months after acceptance of this warrant, then no cost adjustment shall apply. But if the tasks are not completed within that period, later each claim for payment submitted after that shall be subject to modification for rising and fall in the costs of labour and materials, calculated on the proven costs of labour and material increases or decreases.
Your warranty provides protection against mechanical or electrical breakdown of the appliance, and this includes but not limited to:
Parts: any parts required to repair your appliance will be covered if they have failed, leading to the mechanical/electrical breakdown of the product.
Labour: visits by an engineer to your home to repair your appliance.
Replacement: If the engineers are unable to repair your appliance, or if you decide to exchange it, then you will receive a replacement appliance.
Note that the warranty is subject to the full terms and conditions.
What is not protected.
• Callout charges where a fault cannot be found with the product.
• Failure to comply with the manufacturer’s instructions for the care of the product.
• A product installed in a commercial environment or where the level of use is deemed beyond normal domestic use.
• Costs not authorized by the administrator or its appointed engineers.
• Faults relating to the installation of the product.
• Deliberate damage or neglect of the product.
• Rectifying maladjustment or incorrect configuration or setting of manual controls.
• Damage caused by foreign objects or substances.
• Faults known to you before the commencement of your extended warranty.
• Any work which relates to a manufacturer recall.
• Repairs to damage of a cosmetic nature caused by but not limited to denting, scratching, chipping, staining, and rust, or corrosion.
• Routine maintenance of the product, supplies, or service in your home.
• Faults arising from the interruption, failure, disconnection, or power surge in the power supply to your home, however, caused or due to inadequate ventilation of the product.
• Faults arising as a result of normal wear and tear (e.g., belts, fuses, seals).
• Total loss of use of the product due solely to the non-availability of replacement or substitute parts, in which case we shall offer a replacement product or settlement based on a product of equivalent or similar specification.
• Consequential loss of any type.
Extension of Time
If the Smarter Electrical LTD is delayed in the execution of the works due to any cause beyond his control (including, but not limited to, acts of God, strikes, lockouts or other industrial disturbances, fire, floor, explosion and laws, rules, regulations or orders of any Governmental authority or delays caused by any other person, company or authority), the Smarter Electrical LTD shall be entitled to a reasonable extension of time to complete the works. In contrast, such cause exists, and the provisions of Clause stated above shall apply.
If any such cause continues for six months or more, either party may by notice in writing to the other terminate the contract. The termination of the contract shall not affect the rights and obligations of either party, which accrued before such termination.
Materials, Details, and Dimensions
The Client before accepting this warrant acknowledges that adequate care has been taken to ensure that the materials and articles specified are of the correct type, size, rating, standard, quality, colour, finish and express the full requirements and conform to the specification and drawings against which the warrant was submitted.
The client warrants, in respect of plant equipment and fittings, supplied and to which the Smarter Electrical LTD is required to connect its works, will conform with relevant Australian Standards and to local statutory requirements.
The Client shall provide the Smarter Electrical LTD with all necessary dimensions and locations inadequate time to enable the Smarter Electrical LTD to carry out and complete the works following the contract.
When reasonably requested to do so, the Smarter Electrical LTD will provide workshop drawings showing designs and details proposed for the works, and the Client shall accept in writing such designs and features, suitably amended if need be, before the Smarter Electrical LTD commences the works. Such acceptance shall form part of the contract.
The Smarter Electrical LTD warrants that all materials and workmanship are comprising the works shall conform with the current edition of the Wiring Rules and the requirements of any authority regulating the supply and use of electricity or electrical installations in force on the date of the performance of the works.
The Smarter Electrical LTD will rectify any defects in materials or workmanship of the Smarter Electrical LTD appearing in any section of the works within 12 months of the date of handover of that section.
Where a third party has given any warranty in respect of materials and workmanship supplied by that third party to the Smarter Electrical LTD and incorporated in the works, and such warranty imposes less obligations on the third party than those imposed on the Smarter Electrical LTD by Clause stated above, the Smarter Electrical LTD shall give a like warranty to the Client, which shall apply to such materials or workmanship to the exclusion of Clause above.
Any defects appearing in the works, caused by the use by the Client or any third party of faulty materials or workmanship, or attributable to the activities of other trades, structural loads, vandalism, or maltreatment, are excluded from the provisions of Clause stated above.
Such warranties are conditional on regular maintenance being carried out following the manufacturers’ specifications.
Limitation of Liability
The Smarter Electrical LTD shall not be liable in contract or tort or otherwise arising, or any consequential, special or contingent damages which may be claimed to have resulted from the Smarter Electrical LTD’s failure to perform any obligation under the contract.
Notwithstanding anything to the contrary, in no circumstances whatsoever shall the Smarter Electrical LTD be liable in contract or tort or otherwise, for loss, expense, or damages incurred, sustained or suffered by the Client in an amount exceeding 10% in the monetary value of the contract sum.
Workers’ Compensation and Public Liability insurance shall be effected by the Smarter Electrical LTD concerning and during the currency of the works. Such insurance shall cover the Smarter Electrical LTD’s interest only.
The Smarter Electrical LTD may suspend the works, or terminate the contract and repossess any unfixed portions of the works, not yet paid for by the Client. If the Client either fails to perform or observe any term of the contract (including the terms of payment), or enters into an agreement or arrangement with its creditors or, being an individual, commits an act of bankruptcy or is made bankrupt, or, being a company, resolves or is ordered to be wound up or has a liquidator, receiver, receiver, and manager or official manager or administrator appointed for all or any part of its assets. Such suspension or termination shall not affect any rights of the Smarter Electrical LTD accrued against the Client. The Smarter Electrical LTD shall be entitled to be reimbursed for any loss or damage sustained as a result of the default of the Client, including any loss sustained through the suspension and subsequent resumption of the works.
If the Client requests cancellation of the contract, he/she shall pay for work done according to the agreement to the date of such request and shall pay the Smarter Electrical LTD compensation for all losses (including consequential losses, lost profits and the loss of prospective profits) suffered by it as a result of such cancellation.
The Client shall keep secret and confidential and shall not disclose to any third party without the prior written consent of the Smarter Electrical LTD any information, data, specification, drawings, reports, accounts or other documents and things supplied or made available by the Smarter Electrical LTD to the Client or brought into existence by the Smarter Electrical LTD for the performance of the works set out herein. The Client shall take or cause to be taken such reasonable precautions as may be necessary to maintain secrecy and confidentiality and prevent disclosure, including obtaining confidentiality agreements from its employees, agents and sub-Smarter Electrical LTD.
No warranty, condition or representation, other than those contained in these terms and conditions shall be included in this contract by implication, statute or otherwise. Still, nothing contained here shall be deemed to attempt to exclude, restrict or modify any implied warranty or condition concerning the goods and services to be supplied by the contractor, the exclusion, restriction or modification of which would give according to any statute, including the Trade Practices Act 1974, render this Clause or anything contained here void or illegal.
In case you have any questions regarding this Site or these Terms and Conditions, you can contact us at email@example.com. You are free to reach out to our professional customer service online or, for a more personal experience, by telephone. We at Smarter Electrical LTD are here to help you! With our winning Service team, callers have instant access to a human voice ready and able to answer your questions. We are available to help with more in-depth questions. Our phone lines are open 9am till 5pm Monday till Friday excluding bank holidays.