Terms & Conditions
1. Terms and Conditions
These Terms and Conditions, together with the Quotation, Purchase Order (where applicable), Scope of Works and any other documents expressly incorporated by reference, form the Contract between eleven11 Electrical & Security Ltd ("the Company") and the Customer ("the Client"). Please read these Terms carefully before accepting our quotation. The Contract shall commence on the earlier of:
- Written acceptance of our quotation;
- Issue of a purchase order;
- Signing of a contract by both parties; or
- Commencement of any work by eleven11 Electrical & Security.
2. Definitions
For the purposes of these Terms and Conditions:
"We", "Us", "Our" or "the Company" means eleven11 Electrical & Security Ltd, a company registered in England and Wales (Company Registration No. 17366087) whose registered address is: 36-40 Doncaster Road, Barnsley, England, S70 1TL
"Client", "You" or "Your" means the individual, business or organisation purchasing Goods and/or Services from the Company.
“Consumer Client” means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.
“Commercial Client” means any individual, company, partnership, organisation or other entity entering into a Contract wholly or mainly for purposes relating to its trade, business, craft or profession..
"Quotation" means the written proposal issued by the Company detailing the Goods, Services, pricing, exclusions, assumptions and any special conditions applicable to the proposed works.
"Order" means the Client's acceptance of the Quotation, whether by signed acceptance, purchase order, written instruction, email confirmation or any other agreed method.
"Contract" means the agreement between the Company and the Client consisting of these Terms and Conditions together with the accepted Quotation, Order and any agreed amendments.
"Goods" means all equipment, materials, components, software, consumables and products supplied by the Company under the Contract.
"Services" means all professional services provided by the Company, including but not limited to design, installation, testing, inspection, commissioning, maintenance, servicing, repairs, consultancy and project management relating to electrical, fire, security, communications and network infrastructure systems.
"Works" means the complete scope of Goods and Services to be supplied under the Contract.
"Site" means the premises where the Works are to be carried out.
"Programme" means the anticipated schedule for carrying out the Works. Unless expressly agreed otherwise in writing, all dates are estimates only.
"Completion" means the point at which the Works have been substantially completed in accordance with the agreed scope, excluding minor defects or outstanding items that do not materially affect the operation of the installation.
"Practical Completion" means the stage at which the Works are sufficiently complete for the Client to occupy or use the installation for its intended purpose.
"Variation" means any alteration to the agreed scope of the Works, including additions, omissions, substitutions, changes in specification, design or programme requested by the Client or required due to unforeseen site conditions.
"Price" means the total amount payable by the Client for the Goods and Services as stated within the accepted Quotation, together with the value of any agreed Variations.
"Force Majeure Event" means any event beyond the reasonable control of either party including, but not limited to, severe weather, fire, flood, epidemic, industrial action, shortage of materials, supply chain disruption, war, civil unrest, terrorism, governmental action or utility failure.
"Applicable Legislation" means all relevant laws, regulations, British Standards, Codes of Practice and statutory requirements applicable to the Works, including but not limited to the Electricity at Work Regulations, Health and Safety at Work etc. Act 1974, Building Regulations, the Data Protection Act 2018 and UK GDPR where applicable.
"Personal Data" shall have the meaning given under the UK General Data Protection Regulation and the Data Protection Act 2018.
Unless the context otherwise requires, references to the singular include the plural and vice versa, and references to any legislation include any amendment or replacement of that legislation.
3. Quotations and Pricing
All prices, assumptions, exclusions and the scope of the proposed Works are detailed within the Quotation provided by the Company.
Unless otherwise stated, quotations remain valid for thirty (30) days from the date of issue.
Unless expressly stated otherwise, all prices are exclusive of VAT, which shall be charged at the prevailing rate.
Any additional works requested by the Client that fall outside the agreed scope shall be treated as a Variation and may be subject to additional charges.
4. Acceptance of the Order
By accepting the Company's Quotation or issuing an Order, the Client authorises the Company to undertake any preparatory works reasonably required to deliver the agreed Services.
Where preparatory works have commenced and the Client subsequently cancels the Contract, the Company reserves the right to recover the reasonable costs incurred up to the date of cancellation.
Any amendment to the agreed scope, specification, programme or price must be agreed in writing by both parties before the additional or amended works are undertaken.
5. Programme of Works
The Company will use all reasonable endeavours to complete the Works within the agreed programme.
Any installation dates provided are estimates only unless expressly agreed in writing.
The Company shall not be liable for delays caused by circumstances beyond its reasonable control, including material shortages, manufacturer delays, adverse weather, restricted site access or Force Majeure Events.
6. Formation of Contract
A binding Contract shall exist once the Client has accepted the Company's Quotation, issued a Purchase Order, signed a formal agreement or instructed the Company to commence the Works.
7. Scope of Works
The Quotation clearly identifies the Goods, Services, exclusions, assumptions and any special conditions applicable to the Works.
Any work not specifically included within the Quotation shall be treated as additional work and may be subject to a separate quotation.
8. Variations
Where the Client requests any alteration to the agreed scope of the Works after acceptance, the Company will provide details of any changes to the programme and contract value before proceeding.
No Variation shall become binding until confirmed in writing by both parties.
9. Retention of Title
All Goods supplied by the Company shall remain the sole property of eleven11 Electrical & Security until full payment has been received.
Until ownership passes to the Client, the Company reserves the right to recover any unpaid Goods where permitted by law.
10. Pre-Installation Verification
Prior to commencing installation, the Company's engineers will confirm the agreed scope of the Works with the Client or their authorised representative wherever reasonably practicable.
11. Communication During the Works
The Company's site personnel will provide reasonable progress updates and discuss any issues or unforeseen circumstances with the Client's nominated representative as they arise.
12. Site Conditions and Client Responsibilities
The Company shall carry out the Works based on the information and site conditions reasonably known at the time of quotation or survey. Unless specifically stated otherwise, the Contract Price does not include the investigation, repair, replacement or upgrading of defective, unsafe, non-compliant or unsuitable existing installations, equipment or services.
If existing installations, concealed services, structural conditions, asbestos-containing materials or other unforeseen circumstances are discovered during the Works, the Company may suspend the affected Works and notify the Client. Any additional work, materials, specialist services or costs arising from such circumstances shall be treated as a Variation and may be charged to the Client.
The Client shall provide accurate information regarding known services, hazards and site conditions and shall provide safe and reasonable access to the premises, working areas, equipment and facilities required to complete the Works.
The Company shall not be responsible for damage to concealed services or existing installations where their location or condition could not reasonably have been identified from information provided, available records, reasonable inspection or appropriate detection methods, except where caused by the Company's negligence.
Where the Client supplies equipment or materials, the Client shall be responsible for ensuring they are suitable, compatible and compliant. The Company reserves the right to refuse to install any item it reasonably considers unsafe, defective or unsuitable. Any additional costs resulting from unsuitable Client-supplied equipment or materials may be charged to the Client.
The Company reserves the right to suspend or refuse to carry out Works where, in its reasonable opinion, conditions are unsafe or may present a risk to persons, property or the integrity of the Works. The Company shall not be responsible for delays arising from such circumstances where they are outside its reasonable control or are caused or contributed to by the Client or a third party.
Where additional attendance, labour, materials, equipment or specialist services are required due to unforeseen conditions, restricted access, Client-supplied equipment, existing defects or other circumstances outside the Company's reasonable control, the Company shall be entitled to recover its reasonable additional costs.
13. Installation Dates
The Company will liaise with the Client to agree a mutually convenient installation date.
If circumstances beyond the Company's control prevent installation on the agreed date, the Company will notify the Client as soon as reasonably practicable and arrange a revised installation date.
14. Delays
Should delays occur due to circumstances beyond the Company's reasonable control, the Company shall not be liable for any consequential losses resulting from such delays.
15. Standard of Workmanship
The Company shall carry out all Works using appropriately trained and competent personnel and in accordance with recognised industry standards, relevant British Standards and applicable legislation.
If damage is caused directly by the Company's negligence during installation, the Company will make good such damage. This obligation does not include redecoration or replacement of finishes unless otherwise agreed in writing.
16. Certification
Where applicable, the Company will provide certification required under relevant legislation or industry schemes, including electrical installation certificates, fire alarm commissioning certificates, emergency lighting certificates or other compliance documentation appropriate to the Works.
Certification will normally be issued following completion of the Works and receipt of any outstanding information required to finalise the documentation.
17. Warranty
The Company warrants its workmanship for a period of twelve (12) months from the date of Practical Completion unless otherwise stated in writing.
Manufacturer warranties shall apply to equipment supplied by the Company in accordance with the individual manufacturer's terms and conditions.
This warranty shall not apply where defects arise as a result of:
- Unauthorised alterations or repairs by third parties.
- Misuse, neglect, accidental damage or improper operation.
- Failure to maintain the equipment in accordance with manufacturer recommendations.
- Fair wear and tear.
Failure by the Client to make payment in accordance with the Contract.
18. Liability
Nothing in these Terms shall exclude or limit the Company's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot legally be excluded or limited.
Subject to clause 18.1, the Company shall not be liable for any indirect or consequential loss, including loss of profit, revenue, business, contracts, anticipated savings or goodwill arising from the Contract.
The Company shall not be liable for loss, damage, defect or failure arising from pre-existing conditions, defective or non-compliant installations, concealed services, Client-supplied equipment or materials, or the acts or omissions of the Client or third parties, except to the extent caused by the Company's negligence or breach of Contract.
Where the Company installs, modifies, services or connects to equipment or systems supplied by the Client or a third party, the Company shall not be responsible for defects, incompatibility, failure or performance issues attributable to that equipment or system.
Where the Works involve fire alarms, security systems, CCTV, access control, intruder alarms, emergency lighting or other protective systems, the Client acknowledges that such systems are designed to reduce risk but cannot guarantee the prevention of fire, theft, loss, damage, unauthorised access or other incidents.
Subject to clause 18.1, the Company's total aggregate liability arising out of or in connection with any Contract shall not exceed the total Contract Price paid or payable under that Contract, unless a different limit is expressly agreed in writing.
The Client shall take reasonable steps to protect its property, data, equipment and systems and shall maintain appropriate insurance cover for risks not expressly assumed by the Company under the Contract.
Nothing in these Terms shall affect any statutory rights or remedies available to a Consumer Client which cannot lawfully be excluded or restricted.
19. Contract Price
The Contract Price shall be as stated in the accepted Quotation or Order.
The Company reserves the right to amend the Contract Price where:
The Client requests a Variation to the agreed scope of the Works;
Additional work is required due to unforeseen site conditions;
Information provided by the Client is found to be inaccurate or incomplete;
Changes in legislation, regulations or statutory requirements affect the Works; or
The Client requests changes to the programme or specification.
Any adjustment to the Contract Price shall be agreed in writing before the additional work is undertaken wherever reasonably practicable.
Unless otherwise stated, all prices are exclusive of Value Added Tax (VAT), which shall be charged at the prevailing rate.
20. Payment Terms
Commercial Clients
Unless otherwise agreed in writing, payment shall become due within thirty (30) days from the date of invoice.
Consumer Clients
Payment terms for Consumer Clients shall be as stated within the Quotation, Contract or Order Confirmation. The Company may require deposits, stage payments or payment upon completion of the Works.
The Company may require staged or milestone payments for larger projects. Where applicable, these shall be clearly detailed within the Quotation or Contract.
The Company reserves the right to request a deposit or advance payment before ordering bespoke equipment, specialist materials or commencing the Works.
Final payment shall become due upon Practical Completion of the Works unless otherwise agreed in writing.
21. Cancellation and Refunds
Consumer Clients
Where a Contract is entered into off-premises, online or at a distance, Consumer Clients may have a statutory right to cancel within fourteen (14) days in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If a Consumer Client requests that the Works commence during the statutory cancellation period and subsequently exercises their right to cancel, the Company shall be entitled to recover payment for any Works carried out, materials supplied, bespoke items ordered, design work undertaken and any reasonable costs incurred up to the date of cancellation.
Commercial Clients
Commercial Clients shall have no automatic right to cancel once a Quotation or Order has been accepted unless otherwise agreed in writing.
If any Client cancels the Contract after acceptance, the Company reserves the right to recover the costs of:
- Design and engineering work completed;
- Labour undertaken;
- Materials ordered or supplied;
- Plant and equipment hired;
- Administrative costs reasonably incurred; and
- Any other reasonable costs directly resulting from the cancellation.
If the Company is unable to fulfil the Contract for reasons within its reasonable control, any payments received for Works not undertaken shall be refunded to the Client.
22. Late Payment
Commercial Clients
Where the Client is a Commercial Client, the Company reserves the right to charge interest and recover compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Consumer Clients
Where the Client is a Consumer Client, the Company may charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, provided this has been clearly stated within the Contract.
Interest shall accrue daily from the payment due date until payment is received in full.
The Company reserves the right to recover reasonable costs associated with the recovery of overdue debts, including legal costs, court fees and debt recovery costs where permitted by law.
The Company may suspend or withhold further Works where payment remains outstanding, provided reasonable notice has been given to the Client.
23. Data Protection
The Company is committed to protecting the privacy and security of personal information and will process all Personal Data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and all applicable data protection legislation.
Personal information provided by the Client may be used for the following purposes:
- Preparing quotations and managing enquiries;
- Supplying Goods and carrying out the Services;
- Processing payments and, where appropriate, undertaking credit checks;
- Arranging inspections, certification and notifications required under applicable legislation or Competent Person Schemes;
- Providing warranties, maintenance services and after-sales support;
- Meeting legal, regulatory and contractual obligations; and
- Responding to queries, complaints or requests relating to the Contract.
The Company will only retain Personal Data for as long as necessary to fulfil its contractual and legal obligations.
Personal information will not be shared with third parties except where necessary to deliver the Services, comply with legal obligations or where the Client has provided consent.
24. Marketing Communications
From time to time, the Company may wish to provide information regarding its products, services and promotions.
The Company will only send marketing communications where permitted by law and in accordance with the Client's stated preferences.
The Client may opt out of receiving marketing communications at any time by contacting the Company or using the unsubscribe facility included within electronic communications.
