Terms & Conditions
ELECOMMS
Terms & Conditions
Please keep these Terms and Conditions for future reference. Read them carefully.
They do not affect your statutory rights.
Elecomms is the Sole trader’s name of Mr Robert Barnes and is not a Limited or VAT registered Company
In General Terms Agreement: All orders for goods, labour, all services, supplied by Elecomms are subject to the following terms and conditions as published below. You the customer, or end user or as the clients agent fully accepts these conditions on behalf of the end user/client for and on behalf of all parties and it is your responsibility to ensure the end user/client has a copy of these T&C’s and they are in agreement with them as a whole before Elecomms will engage in any works beyond an initial free site survey and free first works estimate.
We Only Do Estimates: All estimates are valid for 30 days from the date shown on the estimate.
All Estimates are Issued on the Understanding: If Elecomms needs more materials and/or extra time to complete the works then initially allowed for then we will notify you or your agent as and if it arises and the extra costs that may be added to the final invoice. If, however we can complete the works sooner and/or with less materials than we would reduce the final invoice to reflect this. Please note our labour terms bellow.
Agreeing to a Works Estimate: Once you have agreed to a works estimate Elecomms Requires the full material costs on your order/go-ahead for the works, then the Labour and any miscellaneous materials to be paid either on invoice or completion of works or by prior arrangement in advance of the works completion.
Upon us receiving the cleared funds we will order all the materials as detailed and once we have all the items in stock, we will contact you to agree a mutually convenient the start date for the job.
Please Note: Once you have paid the materials deposit and we have ordered said materials, they are yours regardless of any change of circumstance you may have. If you decide for whatever reason, you no longer wish to go-ahead or for Elecomms to do the job or part thereof, Elecomms will have the materials as per the estimate delivered to within a reasonable distance 150 miles from postcode IP25 6LF outside of this you will be invoiced the delivery charge and once paid the materials will be delivered by the third-party courier.
Once we have ordered the materials, Elecomms is not responsible in any way for delivery delays however caused within the supply chain. We will always do our best to get the materials in a timely manor however this sometimes can be an issue and we will do our best to work around this if possible and will keep you informed throughout as best we can.
Labour: Elecomms Labour is solely based on day rate. This means whether we are onsite for an hour or the whole day the cost is the same this is because we only book on client job per day. Our normal working hours are 10:00 to 18:00 onsite however if we finish a task earlier then we may finish that day earlier conversely, we may choose to work later which is our choice and will not be charged as extra time unless by prior agreement.
Elecomms office hours are 10:00 to 22:00 Monday to Friday.
Please note you may Phone, Text, Email, WhatsApp Robert on 07813 139892 over a weekend, bank holiday etc., and you may get a response, this is not part of our service and is only provide through his good will. If you do not get a response from him someone will be in contact the next working day as always.
Service & Maintenance Calls: Please bear in mind that if you call us out and we are unable to gain access to the property thru no fault of our own then we reserve the right to charge you for a wasted journey, Travel time spent, and any reasonable expenses incurred regardless of there being a maintenance contract in place or not.
Making a Purchase: Elecomms Requires the full material costs on your order/go-ahead for the works before any materials will be supplied or work carried out onsite. The labour and any miscellaneous materials to be paid either on invoice or completion of works or by prior arrangement in advance of the works completion.
Elecomms Accepts Payment by BACS or Cash: Please call us before you make the payment to get our correct details, and to confirm payment amount to avoid any possible transaction errors.
Upon completing the BACS please kindly send an e-mail or text with the advising us of the transfer so we can keep an eye out for it in case it goes astray.
Please Note: No goods or services will not be accepted as paid for until the funds have cleared though our account. Goods will not be ordered or dispatched until the funds are cleared and monies fully available in our account.
Elecomms does not except any responsibility for any errors made for funds lost in transit arising from paying via BACS or Internet Bank Transfers made by others. It is the payee’s responsibility to ensure the funds are paid into the correct Elecomms account and to make Elecomms aware of any transfers in progress.
Elecomms does not give credit terms.
Elecomms does not accept cheques as payment.
Reservation of Title: The legal title and ownership of all goods supplied by Elecomms shall not pass to any party regardless of whether that party has paid any other party i.e., developer/contractor etc. until Elecomms has been paid in full for all goods supplied.
Returns Policy: We guarantee your satisfaction.
A full refund will be provided for all goods have been paid for in full and the goods are returned to the company within 14 days of purchase provided the goods are returned in original retail condition and retuned with all packaging literature & accessories intact.
All items will be inspected on their return for missing accessories, literature, and damage. Any damages or missing accessories considered to be below original sale condition will not be fully reimbursed.
The buyer must accept the cost of shipping the returned goods.
On items not carried in Elecomms usual stock and ordered for your works may incur a restocking fee.
Reservation of Title: The legal title and ownership of all goods supplied by Elecomms* shall not pass to any party regardless of whether that party has paid any other party i.e., developer/contractor etc. until Elecomms* has been paid in full for all goods and services supplied.
Failure to Pay for Goods & Services: Elecomms has the right to seek the full outstanding monies owed from the end user/client to whom goods were delivered to and/or have had installed in their property in the event of a 3rd party agent not paying Elecomms as contracted or agreed either verbally or in writing in the event of the 3rd party agent not paying Elecomms for the goods and/or services regardless of the reason or circumstances surrounding the non-payment of a full or part outstanding works invoice to that agent. In this instance a third party or the end user will be given the opportunity to settle the outstanding debt directly with Elecomms and will avoid any further actions providing the outstanding invoice is settled in full within 14 (fourteen) days of being notified the monies are owing.
Please Note: 3rd Party agent refers to any entity that is not the end user i.e., developer, architect, Builder, landlord, property manager and so on.
If Elecomms is unable to effect full payment from the 3rd party agent or end user/client then it reserves the right to appoint a third debt recovery agent, Court Bailiff, High Court sheriff and the like to recover both the goods from wherever they reside and the monies for services supplied plus costs regardless of whether a 3rd party agent or end user/client has paid another party for the goods and services supplied by the Elecomms.
Please Note: All costs incurred in relation to the unpaid debt recovery process and any action taken by us or on our behalf by our agents to recover the debt will be solely borne by the debtor and all costs will be added to the final amounts owed.
The company is entitled to charge interest on any overdue amounts over 28 Days (one month) at a rate of 5% above the base rate of the company’s bank. This can be implemented and backdated at any time at Elecomms sole discretion. 30 days (1 months) of nonpayment or the debt has not been settled in full then we reserve the right to pass the matter on to our debt recovery agents who will immediately subject an additional surcharge to the total debt accrued to that date to cover collection costs incurred. This surcharge together with all other charges including the ongoing monthly interest charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
Elecomms Guarantee: Unless otherwise stated, all goods are guaranteed free from defect caused by faulty materials, workmanship, and Elecomms faulty installation, for a period of twelve months from the date of our final works invoice regardless of any manufactures warranty period.
Elecomms should be notified promptly in writing via email upon discovery of faulty goods etc. at this point whenever practically possible you should cease using the faulty item as further use may cause more damage to either the device or other parts of overall system.
Guarantee claims can only be made within 12 months period from the date of Elecomms Final paid works invoice.
We reserve the right to inspect, test and assess the Item to confirm that the alleged defect has not been caused by other outside factors other than faulty materials, workmanship or Elecomms installation process.
Elecomms is not liable under this Guarantee if: Our final works invoice has not been paid in full to Elecomms for whatever reason or if you have paid a third party for the works then your warrantee claim is with that third party and not with Elecomms.
Defects arising from fair wear and tear, willful damage however caused including power failure, heat damage, dust Damage, device power transformer failure, anti-surge protection failure, negligence, misuse & repairs without our approval in advance or using the goods in an unsuitable way or location and in circumstances such as misuse, removal and reinstallation by others or attempted alteration or accidental damage however caused and force majeure is not covered by any Elecomms warrantee.
The guarantee shall not be affected by, and no obligation or liability shall result from us providing technical advice or service in connection with the supply and/or installation of any goods. Our liability under the guarantee shall be limited to replacing, repairing, and reinstalling the faulty item as originally supplied and installed by Elecomms and into its original configuration.
Outside of any applicable manufactures warranties equipment breakdowns or failure/s for whatever reason including any labour required to fix the issue/s will be at the client's expenses regardless of cause.
If Elecomms discovers a part/s have failed, they will in the first instance advise the client of the fact then via mutual agreement arrange a site visit to replace the faulty part/s.
Elecomms will not be held responsible for any claims for any reason in the event the clients Broadband Internet/Intranet, Wi-Fi or any other voice or data systems or related system, equipment, or service onsite fail either in part or completely as a direct or indirect result of the Elecomms workmanship, negligence, or accident or part failure.
During the warranty period Elecomms will be solely and exclusively responsible for the maintenance and ongoing support of the newly supplied and installed equipment, cabling, and data hub.
Limitation of liability: All warranties, conditions, or other terms whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. We exclude all liability for any loss, damage or expense howsoever suffered or incurred by you as the direct, indirect or consequential result of the goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and you hereby irrevocably waive all rights which you may have in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the goods.
The conditions do not apply where you deal as a consumer in accordance with section 12 of the Unfair Contracts Terms Act 1977 and to the extent that that such exclusion is not permitted in accordance with the provisions that Act. Your statutory rights remain unaffected by anything in these Conditions.
Nothing in these Conditions shall limit our full liability in respect of death or personal injury caused by our own negligence or under Part 1 of the Consumer Protection Act 1987.
We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of loss of goodwill, loss of profits or loss of use, company downtime or financial losses however caused in repeat of Elecomms installed equipment or systems failure.
Our Privacy Policy: In accordance with the United Kingdom of Great Briton data protection act (GDPR) this policy gives you information about how Elecomms treats personal information received from our website visitors and information held on behalf of our customers.
What is personal information? Personal information is defined as information about you that is personally identifiable such as your title, name, address, email address and phone number etc. If you send us an enquiry via email, letter, or Fax we’ll use your details to respond to your request/comments only.
Changes to the privacy policy: Elecomms may update this policy from time to time. Please check this page on our website regularly for notification of any significant changes in the way we treat your personal information.
Data Protection: Elecomms will hold information on you/your company only when it is relevant to our current or potential trading relationship. This information will be used where necessary to enable us to service your requirements including the provision of relevant (optional) marketing communications. The information held will be updated at the time changes are identified or discovered. Relevant information will only be shared with third parties when they are appointed by us to fulfill duties in relation to our business (e.g., couriers, service agents etc.)
Please Note: Elecomms will generally only hold client data for two years at which time it will be removed from our servers for your security. If you are a current client, then we will maintain all of your data until two years after you cease being an active client at which time it will be removed from our servers for your security.
Accessing your data: You have the right to request a copy of the personal information we hold about you. If you would like to see the data, we have or we are holding please request this in writing. We will endeavor to provide you with this information within 14 days, but no later than 40 days from the date of request. Please note that, in accordance with the GDPR, a £10 admin fee is applicable in advance of us suppling any information. For further information, please contact us by email at info@elecomms.com
Governing law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of England. The courts of England are to have exclusive jurisdiction to settle any disputes arising out of or in connection with the use of the Site.
We do not accept amendments to these terms and conditions.
Severability: If any of these Terms of Use should be determined to be illegal, invalid, or otherwise unenforceable by reason by of the laws of England in which these Terms of use are intended to be effective, then to the extent that, and within the jurisdiction which that Term is illegal, invalid or unenforceable, it shall be severed, deleted and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision. The remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable until the updated terms are published.
Elecomms retains the right to update and amend these terms at any time without further notice or advice in writing to any individual or company.
Version 9: 06-2023