TERMS AND CONDITIONS

Below are Day & Knight Ltd’s key company information and standard terms and conditions for the provision of services:

 

DAY AND KNIGHT LTD

VAT Number:  250382819

Company number:  9572787

 

You can contact us by:

  • Call: 01785 661199
  • Mobile: 07792 913566
  • Email: david@dayandknight.co.uk
  • Post: 6 Oldfields Crescent, Great Haywood, Stafford, ST18 0RS

 

STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES

  1. Definitions and Interpretations

In these Terms:-

  • “Customer” means the person who accepts Day and Knight’s written quotation/estimate for the Services or whose written order for the Services is accepted by Day and Knight or their authorised representative;

1.2                             “Services” means the Services or any part completed work in connection with a service which Day & Knight supplies in relation to domestic, commercial and industrial electrical contracting in accordance with these terms;

1.3                             “Day and Knight” means Day and Knight Limited (Company Registration Number 9572787) whose registered office is of 6 Oldfields Crescent, Great Haywood, Stafford ST18 ORS;

1.4                             “Contract” means the Contract for the provision of the Services to the Customer;

1.5                             “Terms” means the Standard Terms and Conditions set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Customer and Day and Knight;

1.6                             “Writing” and any similar expression includes facsimile transmission and comparable means of communication but not electronic mail;

1.7                             “The Job Specification Schedule” the Day and Knight’s work specification schedule in the form annexed hereto at Schedule 1 or in a format as varied by Day and Knight from time to time or the customers written order (if accepted by Day and Knight);

Subject in either case to these Terms, which shall constitute the entire agreement between Day and Knight and the Customer in respect of all contracts to provide Services and shall supersede all previous agreements and understanding between the parties, exclude any other terms and conditions that may be submitted by the Customer in a later document purporting to exclude any of the Terms save as provided for within these Terms.

For the avoidance of doubt Day and Knight will only be deemed to accept the Customer’s written order if Day and Knight has confirmed acceptance of the order in writing by the issue of a completed Job Specification Schedule to the customer and in such circumstances such order shall be subject to these Terms.

1.8                             A reference in these Terms to a provision of any statute shall be construed as reference to that provision, as amended, re-acted or extended at the relevant time;

1.9                             Words denoting the singular include the plural and visa versa;

1.10                          Words denoting one gender include all genders;

1.11                          The headings for these Terms are for convenience only and shall not affect the interpretation or construction of these Terms;

 

  1. Agreement for the provision of the Services

  • Day and Knight shall provide the Services to the Customer in accordance with the specification outlined in the Job Specification Schedule which shall form the Contract between Day and Knight and the Customer (“the Contract”)
  • No variation to these Terms shall be binding unless agreed in writing between Day and Knight and the Customer;
  • Day and Knight its employees or agents are not authorised to make any representations concerning the Services unless confirmed by Day and Knight in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representation which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
  • Any advice or recommendation provided by Day and Knight or its employees or agents to the Customer or its employees or agents as to ancillary matters outside of the scope of the Services which is not confirmed in writing by Day and Knight is followed or acted on entirely at the Customers own risk and accordingly Day and Knight shall not be liable for any loss whatsoever for such advice or recommendation which is not so confirmed;
  • Any typographical, clerical or other error or omission in any Job specification schedule, price list or other literature or documentation issued by Day and Knight shall be subject to correction without any liability on the part of Day and Knight;
  • Any descriptions and illustrations contained in Day and Knight’s advertisements, brochures, literature or other communications to the Customer is intended merely to present a general idea of the Services or products used in providing the Services described therein and nothing contained in any of them will form part of the Contract;
  • All drawings, documents and other information provided by Day and Knight to the Customer are provided on the express understanding that the information contained therein is strictly confidential and will not be disclosed, copied or made available to third parties and will only be used in connection with the Services in respect of which they relate.

 

  1. Orders and Specifications

  • No order submitted by a Customer shall be deemed to be accepted by Day and Knight unless and until confirmed in writing by Day and Knight by issue of a Job Specification Schedule;
  • The Customer shall be responsible to Day and Knight for ensuring the accuracy of the terms of any order including any applicable specification submitted by the Customer and for giving Day and Knight any necessary information relating to the Services within a sufficient time to enable Day and Knight to perform the Contract in accordance with its Terms;
  • The timescale, description and specification of the Services shall be as set out in Day and Knight’s Job Specification Schedule or the Customers order (if accepted by Day and Knight);
  • If the Customer requires the Services specified in the Job Specification Schedule to be altered in accordance with the Customer’s specific requirements against Day and Knight’s advice, the Customer shall be responsible for any loss, damage or additional costs and expenses howsoever caused arising in relation to such matters;
  • Day and Knight reserves the right to make any changes to the Services which are required to conform with any statutory or EU requirements;

 

  1. The Fees for the Services

  • The fees for the Services shall be Day and Knight’s hourly rate specified in Day and Knight’s current fee list from time to time in place at the date of acceptance of the Customer’s order however they are accepted;
  • Day and Knight reserves the right by giving written notice to the Customer at any time before completion of the Services to increase the fee for the Services to reflect any increase in the costs to Day and Knight of providing the Services which is due to a factor beyond the control of Day and Knight such as but without limitation the costs in provision of materials, increased costs in labour, an alteration of the specifications by the customer, a change in the timescales specified for completion of the Services imposed by the Customer, or failure by the Customer to give Day and Knight adequate information or instructions in relation to the extent of the Services;
  • The price for the hourly rate specified in Day and Knight’s fee list from time to time in place shall be exclusive of any applicable value added tax, unless otherwise agreed between the Customer and Day and Knight.

 

  1. Terms of payment

  • Subject to any special terms agreed in writing between the Customer and Day and Knight, Day and Knight may invoice the Customer for the fee in connection with provision of the Services on or at any time after completion of the Services or alternatively at agreed periods specified in writing during continuance of the work in connection with the Services;
  • The Customer shall pay the fee for the Services without deduction either on completion of the Services or at the latest within 30 days of dispatch of Day and Knight’s invoice by Day and Knight. The time of payment shall be of the essence of the Contract.
  • Receipts for payment will only be issued on request.
  • When the Services are to be provided or payment in respect thereof is to be made by agreed instalments the failure of the Customer to pay any instalment at the agreed time shall entitle Day and Knight to treat such failure as a repudiation of the whole Contract by the Customer and will entitle Day and Knight to recover damages for such breach of Contract;
  • Payment shall be made in sterling unless otherwise agreed in writing between Day and Knight and the Customer;
  • If the Customer fails to make any payment on the date due in accordance with an invoice rendered then without limiting any other right or remedy available to Day and Knight, Day and Knight may:-
    • cancel the Contract and suspend the provision of any further Services to the Customer;
    • appropriate any payment made by the Customer for such of the Services (or the Services supplied under any other Contract between the Customer and Day and Knight) as Day and Knight may think fit (notwithstanding any purported appropriation by the Customer); and
    • Charge the Commercial Customer interest (both before and after judgement) on the amount unpaid at the rate of 3% per annum above the base rate of Lloyds TSB from time to time in force until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
    • Charge the Domestic Customer In the case of late payment Day and Knight ltd reserve the right to recover reasonable costs incurred in securing full payment due”.

 

  1. Risk and Property

6.1                             Risk of damage to or loss of any products associated with provision of the Services (“the Products”) shall pass to the Customer in the case of Products delivered to the Customers premises

6.2                             Notwithstanding delivery and the passing of risk in the Products or any other provisions of these Terms, the property in the Products shall not pass to the Customer until Day and Knight have received in cash or cleared funds payment in full of the price for the Products and all other items and/or Services agreed to be supplied by Day and Knight to the Customer for which payment is then due;

6.3                             Until such time as the property in the Products passes to the Customer the Customer shall hold the Products as Day and Knight’s fiduciary agent and bailee, and shall keep the Products separate from those of the Customer and third parties and properly stored, protected and insured and identified as Day and Knight’s property,

6.4                             The Customer shall not be entitled to pledge or in any way charge by way of security for any of the indebtedness any of the Products which remain the property of Day and Knight LTD but if the Customer does so all monies owing by the Customer to Day and Knight LTD shall (without limiting any other right or remedy of Day and Knight LTD) forthwith become due and payable.

 

  1. Location

7.1                             The provision of the Services shall take place at the property and premises as identified in the Job Specification Schedule. The Customer may not vary the location for carrying out and completing the Services unless agreed in writing between Day and Knight and the Customer;

7.2                             The Customer shall ensure that adequate access is provided to Day and Knight or its employees or agents to any relevant locations and Day and Knight shall not be responsible for any delay caused in providing the Services to the Customer where access is unduly restricted by the Customer or any other third party in such circumstances time shall not be of the essence in relation to completion of the Services as set out in the Contract;

 

  1. Insurance

8.1                             Day and Knight shall ensure that public liability insurance shall be in place to a level of £5,000,000.00 (five million pounds);

8.2                             Where the Services are provided to the Customer at a location specified by the Customer, the Customer shall ensure they have a satisfactory insurance policy in place to cover the site and shall provide a copy of the relevant insurance policy on request to Day and Knight;

 

  1. Warranties and Liability

9.1                             Day and Knight shall be under no liability in respect of any defects already in existence or arising from any drawing, design or specification supplied by the Customer or third party;

9.2                             Day and Knight shall be under no liability in respect of any defect arising in relation to the Services provided relating to wilful damage, negligence, abnormal working conditions or failure to comply with Day and Knight’s instructions (whether oral or in writing) misuse or alteration to products installed in connection with the Services after the work in connection with the Services has been completed;

9.3                             A claim by the Customer which is based on any defect in the quality of the materials used in providing the Services or their failure to correspond with an agreed specification shall be notified to Day and Knight within seven days from the date of completion of the Services or within a reasonable time after discovery of the defect or failure and if the Customer does not notify Day and Knight accordingly Day and Knight shall have no liability for any defects or failure and the Customer shall be bound to pay the price as if the Services had been delivered in accordance with the Contract;

9.4                             Subject as expressly provided in these Terms and except where the Services are made available to a person dealing as a consumer (within the meaning of  the Consumer Rights Act 2015 ) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law;

9.5                             Where a valid claim in respect of the Services which is based on a defect in the quality of the Service or products used in connection with the Service or their failure to meet specification is notified to Day and Knight in accordance with these Terms, Day and Knight may replace the particular product in question or carry out the work in connection with the Service once again free of charge at Day and Knight’s sole discretion, refund to the Customer the price of the Services (or a proportionate part of the fee in connection with providing the Services) in which case Day and Knight shall have no further liability to the Customer;

9.7                             Except in respect of death or personal injury caused by Day and Knight’s negligence or liability for defective products under the Consumer Protection Act 1987, Day and Knight shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Day and Knight, its employees or agents or otherwise) which arise out of or in connection with the supply of the Services (including delay in carrying out the Service or any failure to supply the Service in accordance with the Contract or at all) and the entire liability of Day and Knight under or in connection with the Contract shall not exceed the fee associated with providing the Services, except as expressly provided in these Terms;

9.8                             Day and Knight shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Day and Knight’s obligations in relation to provision of the Services if the delay or failure was due to any cause beyond Day and Knight’s reasonable control. Without limiting the foregoing, the following shall be regarded as causes beyond Day and Knight’s reasonable control:

  • Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition;
  • acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority
  • import or export regulations;
  • strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Day and Knight or a third party);
  • difficulties in obtaining raw materials, labour, fuel, parts or machinery;
  • power failure breakdown in machinery

 

  1. Insolvency of the Customer

10.1                          This Clause 9 applies if:

10.1.1                      The Customer makes a voluntary arrangement with its creditors or (being an individual or Firm) becomes bankrupt or (being a Company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

  • An encumbrance that takes possession, or receiver is appointed, of any of the property or assets of the Customer;
  • The Customer ceases, or threatens to cease, to carry on business, or
  • Day and Knight reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer in writing accordingly;

10.2                          If this Clause applies then without limiting any other right or remedy available to Day and Knight, Day and Knight may cancel the Contract or suspend any further work in connection with the Services under the Contract without any liability to the Customer and if the Services have been provided but not paid for, the fee in connection with the provision of the Services shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary

 

  1. General

11.1                          A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the Notice;

11.2                          No waiver by Day and Knight of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision;

11.3                          If any provision of the Contract is held by the Court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected;

11.4                          Any dispute arising under or in connection with the Contact or provision of the Services shall be referred to Arbitration by a single arbitrator appointed by agreement (or in default) nominated on the application of either party by the president for the time being of the Law Society;

11.5                          The Contract and these Terms shall be governed by the Laws of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English Courts.