1.1 When the following words with capital letters are used in these Terms, this is
what they will mean:
(a) Event Outside Our Control: is defined in clause 12.2;
(b) Goods: the goods that We are selling to you as set out in the
(c) Order: your order for the Goods and/or Services;
(d) Services: the services that We are providing to you as set out in
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: One Way Electrical Limited
- OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods, or Services, or
both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on
the Order and in these Terms are complete and accurate, before you sign the
Order. If you think that there is a mistake, please contact Us to discuss.
2.3 When you sign and submit the Order to Us, this does not mean We have
accepted your order for Goods and/or Services. Our acceptance of the Order
will take place as described in clause 2.4. If We are unable to supply you with
the Goods and/or Services, We will inform you of this and We will not process
2.4 These Terms will become binding on you and Us when We confirm to you that
We are able to provide you with the Services or the Goods, at which point a
contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take
2.6 We shall assign an order number to the Order and inform you of it when We
confirm the Order. Please quote the order number in all subsequent
correspondence with Us relating to the Order.
- YOUR OBLIGATIONS
3.1 The price set out in the order has been prepared based on normal working hours,
with access permission guaranteed at all reasonable times. We must be informed
of any internal requirements that may disrupt our daily programme.
3.2 You will apply for, obtain and meet the cost of all necessary approvals and
permissions required to complete the Services prior to the commencement of
3.3 You will take all reasonable steps to ensure that We do not sustain any damage
or loss to any equipment stored on site.
3.4 We may require the following information from you as covered in Regulation
313.1 of BS7671:
i. the nominal voltages
ii. the nature of the current and frequency
iii. the prospective short circuit at the origin of the installation
iv. the earth fault loop impedance of that part of the system external to the
v. the suitability for the requirements of the installation including
vi. the type and rating of the over current protective device acting at the
origin of the installation
3.5 Should the information requested under clause 3.4 not be available We will
prepare our quotations based on estimated calculations.
- CHANGES TO ORDER OR TERMS
4.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements.
4.2 If We have to revise these Terms under clause 4.1, We will give you at least one
weeks written notice of any changes to these Terms before they take effect. You
can choose to cancel the contract in accordance with clause 13.3(c).
4.3 You may make a change to the Order for Goods and/or Services at any time
before We despatch the Goods or start date for the Services by contacting Us.
Where this means a change in the total price of the Goods and/or Services, We
will notify you of the amended price in writing. You can choose to cancel the
Order in accordance with clause 13 in these circumstances.
4.4 If you wish to cancel an Order before it has been fulfilled, please see your right
to do so in clause 13.
- DELIVERY OF GOODS
5.1 Please note that timescales for delivery and delivery charges will vary
depending on the availability of the Goods and your address.
5.2 We will contact you with an estimated delivery date. Occasionally Our delivery
to you may be affected by an Event Outside Our Control. See clause 11.1 for
Our responsibilities when this happens.
5.3 Delivery of the Goods shall be completed when We deliver the Goods to the
address you gave Us.
- TITLE AND RISK
6.1 The risk in the Goods shall pass to you on completion of delivery.
6.2 Title to the Goods shall not pass to you until We have received payment in full
(in cash or cleared funds) for:
(a) the Goods; and
(b) any other goods or Services that we have supplied to you in
respect of which payment has become due.
6.3 Until title to the Goods has passed to you, you shall:
(a) hold the Goods on a fiduciary basis as the Supplier’s bailee;
(b) store the Goods separately from all other goods held by you so
that they remain readily identifiable as Our property;
(c) not remove, deface or obscure any identifying mark or packaging
on or relating to the Goods;
(d) maintain the Goods in satisfactory condition and keep them
insured against all risks for their full price from the date of delivery;
(e) give Us such information relating to the Goods as We may
require from time to time,
but you may resell or use the Goods in the ordinary course of its
6.4 If before title to the Goods passes to you and you become unable to make
payment to us, then, provided that the Goods have not been resold, or
irrevocably incorporated into another product, and without limiting any other
right or remedy We may have, We may at any time require you to deliver up the
Goods and, if you fail to do so promptly, enter any premises of yours or of any
third party where the Goods are stored in order to recover them.
- IF THE GOODS ARE FAULTY
As a consumer, you have legal rights in relation to Goods that are faulty or not
as described. Advice about your legal rights is available from your local
Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms
will affect these legal rights.
- PROVIDING SERVICES
8.1 We will supply the Services to you from the date set out in the Order until the
estimated completion date set out in the Order.
8.2 We will make every effort to complete the Services on time. However, there
may be delays due to an Event Outside Our Control. See clause 11.1 for Our
responsibilities when an Event Outside Our Control happens.
8.3 We may from time to time contact you to obtain certain information from you
that is necessary for Us to provide the Services. If you do not, after being asked
by Us, provide Us with this information, or you provide Us with incomplete or
incorrect information, We may make an additional charge of a reasonable sum
to cover any extra work that is required, or We may suspend the Services by
giving you written notice. We will not be liable for any delay or non-
performance where you have not provided this information to Us after We have
asked. If we suspend the Services under this clause 8.3, you do not have to pay
for the Services while they are suspended, but this does not affect your
obligation to pay for any invoices We have already sent you.
8.4 We may have to suspend the Services if We have to deal with technical
problems. We will contact you to let you know in advance where this occurs,
unless the problem is urgent or an emergency. You do not have to pay for the
Services while they are suspended under this clause 8.4 but this does not affect
your obligation to pay for any invoices We have already sent you.
8.5 If you do not pay Us for the Services when you are supposed to as set out in
clause 10.4, We may suspend the Services with immediate effect until you have
paid Us the outstanding amounts. We will contact you to tell you this. This does
not affect Our right to charge you interest under clause 10.5.
- IF THERE IS A PROBLEM WITH THE SERVICES
9.1 In the unlikely event that there is any defect with the Services:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to repair or fix any
(c) We will use every effort to repair or fix the defect as soon as
(d) You will not have to pay for Us to repair or fix a defect with the
Services under this clause 9.1.
9.2 As a consumer, you have legal rights in relation to Services not carried out with
reasonable skill and care, or if the materials We use are faulty or not as
described. Advice about your legal rights is available from your local Citizens’
Advice Bureau or Trading Standards office. Nothing in these Terms will affect
these legal rights.
- PRICE AND PAYMENT
10.1 The price of the Goods and/or the Services will be set out in the Order. Our
prices may change at any time, but price changes will not affect Orders that We
have confirmed with you unless you have failed to comply with your
obligations under clause 3.
10.2 These prices exclude VAT and VAT at the applicable rate will be applied to our
10.3 Where We are providing Goods to you, you may be required to make a deposit
for Goods in advance. We shall inform you of the applicable deposit as soon as
10.4 Where We are providing Services to you, We may ask you to make an advance
payment for the price of the Services. Your rights to a refund on cancellation
are set out in clause 13. We will invoice you monthly in arrears for the Services
until the Services are completed. Each invoice will quote the Order number.
You must pay each invoice in cleared monies within 30 calendar days at the
date of invoice.
10.5 If you do not make any payment due to Us by the due date for payment, We
may charge interest to you on the overdue amount at the rate of 8% a year above
the base lending rate of Barclays PLC from time to time. This interest shall
accrue on a daily basis from the due date until the date of actual payment of the
overdue amount, whether before or after judgment. You must pay Us interest
together with any overdue amount.
10.6 Any issues you may have with Our invoice must be made within 7 calendar
days of the date of invoice.
- OUR LIABILITY TO YOU
11.1 Nothing in these Conditions shall limit or exclude the Our liability for:
(a) death or personal injury caused by its negligence, or the
negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods
and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods
Act 1979 (title and quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
11.2 Subject to clause 11.1:
(a) We shall under no circumstances whatever be liable to you,
whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, for any loss of profit, or any indirect or
consequential loss arising under or in connection with the supply of
Goods and/or Services ; and
(b) Our total liability to you in respect of all other losses arising
under or in connection with the supply of Goods and/or Services,
whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, shall in no circumstances exceed the price of the
Goods and/or the Services.
11.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the
terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982
are, to the fullest extent permitted by law, excluded from the Contract.
11.4 This clause 9 shall survive termination of the Contract.
- EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in
performance of, any of Our obligations under these Terms that is caused by an
Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable
control that is not caused by Us or you. .
12.3 If an Event Outside Our Control takes place that affects the performance of Our
obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you;
(b) Our obligations under these Terms will be suspended and the time
for performance of Our obligations will be extended for the duration
of the Event Outside Our Control. Where the Event Outside Our
Control affects Our delivery of Goods to you, We will arrange a new
delivery date with you after the Event Outside Our Control is over.
Where the Event Outside Our Control affects Our performance of
Services to you, We will restart the Services as soon as reasonably
possible after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and
you no longer wish Us to provide the Goods and/or Services. Please see your
cancellation rights under clause 13. We will only cancel the contract if the
Event Outside Our Control continues for longer than 6 weeks in accordance
with Our cancellation rights in clause 13.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
13.1 Before We begin to provide the Services or the Goods are delivered, you have
the following rights to cancel an Order for Goods and/or Services, including
where you choose to cancel because We are affected by an Event Outside Our
Control or We change these Terms under clause 4.1 to your material
(a) You may cancel any Order for Goods and/or Services at any time
before We despatch the Goods or the start date for the Services by
(b) If you cancel an Order under clause 13.1(a) and you have made
any payment in advance for Services that have not been provided to
you, or Goods that have not been delivered to you, We will refund
these amounts to you.
(c) However, if you cancel an Order for Services under clause
13.1(a) and We have already started work on your Order by that time,
you will pay Us any costs We reasonably incurred in starting to fulfil
the Order, and this charge will be deducted from any refund that is due
to you or, if no refund is due to you, invoiced to you. We will tell you
what these costs are when you contact Us. However, where you have
cancelled an Order because of Our failure to comply with these Terms
(except where We have been affected by an Event Outside Our
Control), you do not have to make any payment to Us.
(d) Unfortunately, if you are a business and the Goods have been
despatched you will not be able to cancel an Order for Goods. If
however, you are a consumer and the Goods have already been
delivered to you, you have a period of 7 (seven) working days in
which you may cancel an Order, starting from the day after the day
you receive the Goods. Working days means that Saturdays, Sundays
or public holidays are not included in this period. In this case, if you
return the Goods to Us, We will have to charge you the cost of
collection or you will have to pay the cost of returning the Goods back
to Us. This will not affect your refund for the Goods, but any charge
for collection will be deducted from the refund that is due to you.
13.2 Unfortunately, as the made-to-measure Goods are made to your requirements,
you will not be able to cancel your Order once made (but this will not affect
your legal rights as a consumer in relation to made-to-measure Goods that are
faulty or not as described).
13.3 Once We have begun to provide the Services to you, you may cancel the
contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct
or fix the situation within 3 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is
appointed over Our assets;
(c) We change these Terms under clause 4.1 to your material
(d) We are affected by an Event Outside Our Control.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 If We have to cancel an Order for Goods and/or Services before the Services
start or the Goods are delivered:
(a) We may have to cancel an Order before the start date for the
Services or before the Goods are delivered, due to an Event Outside
Our Control or the unavailability of stock. We will promptly contact
you if this happens.
(b) If We have to cancel an Order under clause 14.1(a) and you have
made any payment in advance for Services that have not been
provided to you, or Goods that have not been delivered to you, We
will refund these amounts to you.
(c) Where We have already started work on your Order for Services
by the time We have to cancel under clause 14.1(a), We will not
charge you anything and you will not have to make any payment to
14.2 Once We have begun to provide the Services to you, We may cancel the
contract for the Services at any time by providing you with at least 3 calendar
days’ notice in writing. If you have made any payment in advance for Services
that have not been provided to you, We will refund these amounts to you.
14.3 We may cancel the contract for Services at any time with immediate effect by
giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause
10.4. This does not affect Our right to charge you interest under clause
(b) you break the contract in any other material way and you do not
correct or fix the situation within 3 days of Us asking you to in
- INFORMATION ABOUT US AND HOW TO CONTACT US
15.1 We are a company registered in England and Wales. Our company registration
number is 08009606 and Our registered office is at 25 Uttoxeter Road, Longton,
Stoke on Trent, ST3 1NY.
15.2 If you have any questions or if you have any complaints, please contact Us. You
can contact Us by telephoning Our customer service team at 01782 595600 or
by e-mailing Us at firstname.lastname@example.org.
15.3 If you wish to contact Us in writing, or if any clause in these Terms requires
you to give Us notice in writing (for example, to cancel the contract), you can
send this to Us by e-mail, by hand, or by pre-paid post to One Way Electrical at
25 Uttoxeter Road, Longton, Stoke on Trent, Staffordshire. ST3 1NY AND/OR
email@example.com We will confirm receipt of this by contacting you
in writing. If We have to contact you or give you notice in writing, We will do
so by e-mail, by hand, or by pre-paid post to the address you provide to Us in
- HOW WE MAY USE YOUR PERSONAL INFORMATION
16.1 We will use the personal information you provide to Us to:
(a) provide the Goods and/or Services;
(b) process your payment for such Goods and/or Services; and
(c) inform you about similar products or services that We provide,
but you may stop receiving these at any time by contacting Us.
- OTHER IMPORTANT TERMS
17.1 We may transfer Our rights and obligations under these Terms to another
organisation, and We will always notify you in writing if this happens, but this
will not affect your rights or Our obligations under these Terms.
17.2 This contract is between you and Us. No other person shall have any rights to
enforce any of its terms.
17.3 Each of the paragraphs of these Terms operates separately. If any court or
relevant authority decides that any of them are unlawful, the remaining
paragraphs will remain in full force and effect.
17.4 If We fail to insist that you perform any of your obligations under these Terms,
or if We do not enforce Our rights against you, or if We delay in doing so, that
will not mean that We have waived Our rights against you and will not mean
that you do not have to comply with those obligations. If We do waive a default
by you, We will only do so in writing, and that will not mean that We will
automatically waive any later default by you.
17.5 These Terms are governed by English law. You and We both agree to submit to
exclusive jurisdiction of the English courts.