TERMS AND CONDITIONS - SALE OF GOODS TO CONSUMERS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07933 877767.

Application

  1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you)  We are ASH ELECTRIC + AUDIO VISUAL LIMITED a company registered in  under number 13666785 whose registered office is at Kings Wharf, The Quay,  Exeter,  EX2 4AN  with email address hello@ashelectric.co.uk; telephone number 07933 877767 (the Supplier or us or we).

  2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.

Interpretation

  1. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;

  1. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;

  1. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

  1. Goods means any goods that we supply to you, of the number and description as set out in the Order;

  1. Order means the Customer's order for the Goods from the Supplier as set out  in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.  

Goods

  1. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in colour or size.

  1. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.

Basis of Sale

  1. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.

  1. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.

  1. A Contract will be formed for the Goods ordered, only upon  the Supplier sending an email to the Customer saying that the Order has been accepted  or if earlier, the Supplier's delivery of the Goods to the Customer.

  1. Any quotation is valid for a maximum period of  30  days  from its date, unless we expressly withdraw it at an earlier time.

  1. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

  1. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Price and Payment

  1. The price of the Goods and any additional delivery or other charges for the Goods, and the total price of them and the charges, is that set out in our price list current at the date we accepted the Order or such other price as we may agree in writing.

  1. Prices and charges include VAT at the rate applicable at the time of the Order.

  1. Payment for Goods must be made  within  30  days  of invoice.  You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

  1. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

  1. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or if you told us before the Contract was made that delivery on time was essential; or

    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

  1. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

  1. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay the costs of this.

  1. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

  1. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

  1. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

  1. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

  1. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.

  1. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

  1. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than  14  days  after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense. Then we will without delay refund to you the price for those Goods, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods.

Conformity and Guarantee 

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

  1. Upon delivery, the Goods will:

    1. be of satisfactory quality

    2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

    3. conform to their description.

  1. It is not a failure to conform if the failure has its origin in your materials.

  1. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:

    1. the party will advise the other party as soon as reasonably practicable; and

    2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and the right to cancel below.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  1. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.

  1. For the purposes of these Terms and Conditions:

    1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.

    2. 'GDPR' means the UK General Data Protection Regulation.

    3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

  1. We are a Data Controller of the Personal Data we Process in providing the Goods to you.

  1. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    2. we will only Process Personal Data for the purposes identified;

    3. we will respect your rights in relation to your Personal Data; and

    4. we will implement technical and organisational measures to ensure your Personal Data is secure.

  1. For any enquiries or complaints regarding data privacy, you can e-mail: hello@ashelectric.co.uk.

Excluding liability

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  1. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

  1. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us directly. We will aim to respond with an appropriate solution within 5 days.

TERMS AND CONDITIONS - SALE OF GOODS TO BUSINESS CUSTOMERS

Application and entire agreement

  1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you or Customer) from  ASH ELECTRIC + AUDIO VISUAL LIMITED a company registered in England and Wales under number 13666785 whose registered office is at Kings Wharf, The Quay,  Exeter,  EX2 4AN  (we or us or Supplier).

  2. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

  3. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

  1. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

  1. Words imparting the singular number include the plural and vice-versa.

Goods

  1. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

  1. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

Price

  1. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

  1. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

  1. Any increase in the Price under the clause above will only take place after we have told you about it.

  1. You may be entitled to discounts. Any and all discounts will be at our discretion.

  1. The Price is  exclusive  of fees for packaging and transportation / delivery.

  1. The Price is  exclusive  of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and alteration

  1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

  1. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of  30  days  only from the date shown in it unless expressly withdrawn by us at an earlier time.

  1. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

Payment

  1. We will invoice you for the Price either:

    1. on or at any time after delivery of the Goods; or

    2. where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

  1. You must pay the Price within  30  days  of the date of our invoice or otherwise according to any credit terms agreed between us.

  1. You must make payment even if delivery has not taken place and / or that the title in the Goods has not passed to you.

  1. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 4% per annum above the base rate of the Bank of England from time to time on the amount outstanding until you pay in full.

  1. Time for payment will be of the essence of the Contract between us and you.

  1. All payments must be made in  British Pounds unless otherwise agreed in writing between us.

  1. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Delivery

  1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.

  1. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

  1. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 8 pm.

  1. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

    1. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

    2. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

    3. after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

  1. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

  1. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

  1. We can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.

Inspection and acceptance of Goods

  1. You must inspect the Goods on delivery or collection.

  1. If you identify any damages or shortages, you must inform us in writing within  1 day  of delivery, providing details.

  1. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

  1. Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

  1. We will be under no liability or further obligation in relation to the Goods if:

    1. if you fail to provide notice as set above; and/or

    2. you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

    3. the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

    4. the defect arises from normal wear and tear of the Goods; and/or

    5. the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

  1. You bear the risk and cost of returning the Goods.

  1. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within  1 day  after delivery.

Risk and title

  1. The risk in the Goods will pass to you on completion of delivery.

  1. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

  1. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

  1. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Termination

  1. We can terminate the sale of Goods under the Contract where:

    1. you commit a material breach of your obligations under these Terms and Conditions;

    2. you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

    3. you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

    4. you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Limitation of liability

  1. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.

  1. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

  1. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

  1. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

  1. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

    1. any indirect, special or consequential loss, damage, costs, or expenses; and/or

    2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

    3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

    4. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

    5. any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

  1. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

  1. Notices will be deemed to have been duly given:

    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

    2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

    3. on the fifth business day following mailing, if mailed by national ordinary mail; or

    4. on the tenth business day following mailing, if mailed by airmail.

  1. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

Data protection

  1. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

  1. The parties agree that where such processing of personal data takes place, the Buyer shall be 'data controller' and the Seller shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

  1. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

  1. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

  1. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict "need-to-know" basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

  1. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can e-mail: hello@ashelectric.co.uk.

Circumstances beyond the control of either party

  1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

No Waiver

  1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES TO BUSINESS CUSTOMERS

Application and entire agreement

  1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by  ASH ELECTRIC + AUDIO VISUAL LIMITED a company registered in  under number 13666785 whose registered office is at Kings Wharf, The Quay, Exeter, EX2 4AN  (we or us or Service Provider) to the person buying the services (you or Customer).

  2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.

  3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation

  1. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

  1. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

  1. Words imparting the singular number shall include the plural and vice-versa.

Services

  1. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

  1. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.

  1. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your obligations

  1. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.

  1. If you do not comply with clause 10, we can terminate the Services.

  1. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees and Deposit

  1. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.

  1. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.

  1. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable  hourly  rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.

  1. The Fees are  inclusive  of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

  1. You must pay a deposit ("Deposit") as detailed in the quotation  at the time of accepting the quotation.  

  1. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination).

  1. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).

Cancellation and amendment

  1. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of  30  days  from the date of the quotation, (unless the quotation has been withdrawn).

  1. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.

  1. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.

  1. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment

  1. We will invoice you for payment of the Fees either:

    1. when we have completed the Services; or

    2. on the invoice dates set out in the quotation.

  1. You must pay the Fees due within  10  days  of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

  1. Time for payment shall be of the essence of the Contract.

  1. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

  1. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

  1. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

  1. Receipts for payment will be issued by us only at your request.

  1. All payments must be made in  British Pounds unless otherwise agreed in writing between us.

Sub-Contracting and assignment

  1. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.

  1. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination

  1. We can terminate the provision of the Services immediately if you:

    1. commit a material breach of your obligations under these Terms and Conditions; or

    2. fail to make pay any amount due under the Contract on the due date for payment; or

    3. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

    4. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

    5. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

  1. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

  1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

  1. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

  1. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

    1. any indirect, special or consequential loss, damage, costs, or expenses or;

    2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

    3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

    4. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

    5. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.

  1. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.

  1. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

  1. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

  1. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

  1. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

  1. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

  1. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

  1. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

  1. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can email: hello@ashelectric.co.uk.

Circumstances beyond a party's control

  1. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.

Communications

  1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

  1. Notices shall be deemed to have been duly given:

    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

    2. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

    3. on the fifth business day following mailing, if mailed by national ordinary mail; or

    4. on the tenth business day following mailing, if mailed by airmail.

  1. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

  1. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance

  1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

TERMS AND CONDITIONS OF USE OF OUR WEBSITE

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and  ASH ELECTRIC + AUDIO VISUAL LIMITED,  the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

 

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by  ASH ELECTRIC + AUDIO VISUAL LIMITED  and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to  ASH ELECTRIC + AUDIO VISUAL LIMITED  and accessing the Website in connection with the provision of such services.

 

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of  ASH ELECTRIC + AUDIO VISUAL LIMITED,  our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

  2. You may, for your own personal, non-commercial use only, do the following:

    1. retrieve, display and view the Content on a computer screen

  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of  ASH ELECTRIC + AUDIO VISUAL LIMITED. 

Prohibited use

  1. You may not use the Website for any of the following purposes:

    1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;

    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of  ASH ELECTRIC + AUDIO VISUAL LIMITED  or that of our affiliates.

  1. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

  1. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that  ASH ELECTRIC + AUDIO VISUAL LIMITED  makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  ASH ELECTRIC + AUDIO VISUAL LIMITED  is under no obligation to update information on the Website.

  1. Whilst  ASH ELECTRIC + AUDIO VISUAL LIMITED  uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

  1.  ASH ELECTRIC + AUDIO VISUAL LIMITED  accepts no liability for any disruption or non-availability of the Website.

  1.  ASH ELECTRIC + AUDIO VISUAL LIMITED  reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

  1. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

  1. To the maximum extent permitted by law,  ASH ELECTRIC + AUDIO VISUAL LIMITED  accepts no liability for any of the following:

    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

    2. loss or corruption of any data, database or software;

    3. any special, indirect or consequential loss or damage.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

  1. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

  1. These terms and conditions    contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

  1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

  1. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

  1. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

  1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 ASH ELECTRIC + AUDIO VISUAL LIMITED  details

  1. ASH ELECTRIC + AUDIO VISUAL LIMITED is a company incorporated in  with registered number 13666785 whose registered address is Kings Wharf, The Quay, Exeter, EX2 4AN and it  operates the Website www.ashelectric.co.uk.  The registered VAT number is . 

You can contact ASH ELECTRIC + AUDIO VISUAL LIMITED by email on hello@ashelectric.co.uk.