Standard Terms & Conditions of Contract

1. Definitions

• 1.1 “Company” means BBD Electrical Contractors Ltd (“BBD”).
• 1.2 “Client” means the person, firm or company placing an order with BBD.
• 1.3 “Contract” means the agreement formed by BBD’s quotation, the Client’s acceptance, and these Terms & Conditions.
• 1.4 “Works” means the electrical installation, design, supply of goods and/or services provided by BBD.
• 1.5 “Variation” means any alteration, addition, omission, change in sequence, or deviation from the agreed scope.

2. Formation of Contract

• 2.1 All quotations are valid for 30 days unless otherwise stated.
• 2.2 The Contract shall be formed upon the earlier of:
  • Receipt of an official Purchase Order; or
  • Written confirmation by email instructing BBD to proceed; or
  • Commencement of the Works.
• 2.3 Where no formal Purchase Order is issued, written email instruction shall constitute binding acceptance of BBD’s quotation and these Terms & Conditions.
• 2.4 No terms submitted by the Client shall override these Terms unless expressly agreed in writing by a Director of BBD.

3. Scope of Works

• 3.1 The Contract Sum is based strictly upon the drawings, specifications, schedules, programme and information provided at tender or quotation stage.
• 3.2 BBD shall not be responsible for assumptions, implied requirements or undocumented expectations.
• 3.3 Any information issued after quotation that alters the scope shall be treated as a Variation.

4. Variations & Change Control

• 4.1 The following shall constitute a Variation:
  • Drawing revisions or reissues
  • Specification changes
  • Additional or omitted works
  • Quantity changes
  • Programme changes
  • Acceleration requirements
  • Restricted working hours not previously stated
  • Return visits caused by others
  • Design development beyond agreed scope
  • Instructions from the Client or third parties
  • Disruption or re-sequencing
• 4.2 All Variations must be instructed and agreed in writing wherever reasonably practicable.
• 4.3 Where verbal instruction is given, BBD will issue written confirmation. If no objection is received within 48 hours, the Variation shall be deemed accepted.
• 4.4 Variations shall be valued using:
  • BBD quotation
  • Agreed daywork rates
  • Pro-rata contract rates
  • Fair valuation where no rates exist
• 4.5 Variations may impact programme. BBD reserves the right to adjust completion dates accordingly.
• 4.6 BBD shall not be obligated to proceed with Variations until commercial terms are agreed.

5. Programme & Disruption

• 5.1 The Contract Sum is based upon continuous and efficient working.
• 5.2 BBD shall be entitled to recover loss and expense arising from:
  • Delays outside its control
  • Restricted access
  • Out-of-sequence working
  • Abortive visits
  • Incomplete preceding works
  • Client-caused delay
• 5.3 Remobilisation following suspension or delay may be re-priced.

6. Payment Terms

• 6.1 Standard payment terms are 30 days from invoice date unless otherwise agreed in writing.
• 6.2 BBD reserves the right to submit interim applications for works exceeding four weeks duration.
• 6.3 Materials may be invoiced upon delivery to site.
• 6.4 Payment shall not be conditional upon the Client receiving payment from any third party.

7. Specialist & Made-to-Order Items

• 7.1 Specialist, bespoke or manufacturer-configured items are strictly pro forma and must be paid in full prior to order placement.
• 7.2 Such items are subject to the manufacturer’s return policy.
• 7.3 All cancellation charges, restocking fees, carriage charges and manufacturer penalties shall be borne by the Client.
• 7.4 Non-returnable goods remain fully chargeable.

8. Late Payment

• 8.1 BBD reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, calculated daily.
• 8.2 Fixed compensation per invoice shall apply:
  • £40 (up to £999.99)
  • £70 (£1,000 – £9,999.99)
  • £100 (£10,000+)
• 8.3 BBD reserves the right to suspend works where payments are overdue.

9. Recovery Costs

• 9.1 Should recovery action be required, all associated costs including:
  • Legal fees
  • Debt recovery fees
  • Court costs
  • Administrative costs

  shall be recoverable in full and added to the outstanding debt.

10. Retention of Title

• 10.1 Title to goods supplied shall remain with BBD until payment is received in full.
• 10.2 BBD reserves the right to recover goods or suspend services in the event of non-payment.

11. Design Responsibility

• 11.1 Where BBD undertakes design works, liability shall be limited to the design fee element of the Contract unless otherwise agreed.
• 11.2 Designs are based upon information provided by others unless a full survey has been commissioned.
• 11.3 BBD shall not be responsible for errors in third-party information.

12. Limitation of Liability

• 12.1 BBD’s total liability shall not exceed the Contract Sum.
• 12.2 BBD shall not be liable for:
  • Consequential loss
  • Loss of profit
  • Loss of business
  • Indirect losses
• 12.3 Nothing in these Terms shall exclude liability for death or personal injury caused by negligence.

13. Intellectual Property

• 13.1 All drawings, calculations, designs and documents remain the property of BBD until full payment is received.
• 13.2 Such documents shall not be reproduced or used for other projects without written consent.

14. Termination

• 14.1 BBD may suspend or terminate the Contract if:
  • Payment is overdue
  • Insolvency occurs
  • Serious breach of Contract occurs
• 14.2 The Client shall be liable for all works completed and costs incurred up to termination.

15. Governing Law

This Contract shall be governed by the laws of England & Wales.

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Signed for and on behalf of BBD Electrical Contractors Ltd

Brad Baker

Director