1. PRICE AND PAYMENT
1.1. The price for the goods (“the price”) shall be as stated on the quotation or estimate provided by Keith Gunn Electrical Solutions Limited, or such other price as the parties may agree in writing or orally.
1.2. All works taken for installation during regular working hours Monday to Thursday.
1.3. All payments must be made within 5 business days from date of invoice unless agreed otherwise. Keith Gunn Electrical Solutions Limited understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the agreed credit terms.
1.4. The customer should understand that any works required not included in the agreed estimate will be charged at £65+VAT per hour and agreed either orally or in writing.
1.5. Materials not supplied by Keith Gunn Electrical Solutions Limited must be correctly supplied on time and in the required location, available for use. Hourly labour rates will apply for delays out with our responsibility.
2.1. All works shall be required to conform to the specification in the order for works by the customer as accepted by Keith Gunn Electrical Solutions Limited or as otherwise expressly agreed in writing or orally.
2.2. Any order for goods sent by the customer to Keith Gunn Electrical Solutions Limited shall be deemed to be acceptable subject to the conditions contained herein.
2.3. Each order for goods accepted by Keith Gunn Electrical Solutions Limited shall be deemed to be an individual legally binding contract between the parties.
3.1. The client shall be deemed to have accepted the Goods upon completion of the “installation” work.
3.2. Any cancellation of an order must be sent by the customer to Keith Gunn Electrical Solutions Limited in writing. The customer is liable to be charged for any materials ordered or work completed for an order at the time of cancellation.
4. TITLE TO GOODS
4.1. Keith Gunn Electrical Solutions Limited warrants that it has good title to the Goods and that it will transfer the title in the Goods to the customer pursuant to Clause 5.2.
4.2. Notwithstanding delivery, title in the Goods shall not pass to the customer until Keith Gunn Electrical Solutions Limited has been paid in full for the Goods. Nothing in this clause shall prevent Keith Gunn Electrical Solutions Limited from raising an action against the Customer for payment of the Goods.
4.3. The title of any unwanted items removed by Keith Gunn Electrical Solutions Limited as debris or rubbish from the Customer’s property transfers immediately to Keith Gunn Electrical Solutions Limited.
5.1. Where the Goods have been manufactured by Keith Gunn Electrical Solutions Limited and are found to be defective, Keith Gunn Electrical Limited shall repair or, in its sole discretion, replace defective Goods free of charge upon the following conditions:
5.1.1. The customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention;
5.1.2. Such notice being served within 30 days of delivery or collection for a “supply only” sale, or within 2 years of the date of the invoice for “installation” work;
5.1.3. The defect being due to a Keith Gunn Electrical Solutions Limited faulty design, workmanship or materials;
5.1.4. The customer having complied with Keith Gunn Electrical Solutions Limited’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice.
5.2. Where the good have been manufactured by a third party, Keith Gunn Electrical Solutions Limited shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to Keith Gunn Electrical Solutions Limited by such third party.
6. LIMITATION OF LIABILITY
6.1. Subject to Keith Gunn Electrical Solutions Limited’s liability under Clause 5 and subject to Clause 11, Keith Gunn Electrical Solutions Limited shall not be liable to the customer for any loss (including loss of profit), costs, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods.
6.2. Subject to this Clause 8 and Clause 11 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Keith Gunn Electrical Solutions Limited grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
6.3. Subject to Clause 11 the liability of Keith Gunn Electrical Solutions Limited under this Agreement howsoever arising shall not exceed the Price.
7.1. Nothing in these conditions shall be consumed so as to exclude or limit the liability of Keith Gunn Electrical Solutions Limited for breach of the warranties contained in Clause 5 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Keith Gunn Electrical Solutions Limited and the Customer for the purchase of the Goods incorporating these Conditions.
7.2. Nothing contained in these conditions shall be construed so as to limit or exclude the liability of Keith Gunn Electrical Solutions Limited for death or personal injury as a result of Keith Gunn Electrical Solutions Limited’s fraudulent misrepresentation, negligent actions or those of it’s employees or agents.
8. GOVERNING LAW AND JURISDICTION
8.1. This Agreement shall be governed by and construed in accordance with the law of Scotland and the parties hereto submit to the non-exclusive jurisdiction of the Scottish Courts.