1.1 “Company” means Barton Electrical.
1.2 “Goods” means the articles, equipment, or goods to which any quotation, order, or contract relates.
1.3 “Buyer” means the purchaser of the Goods and/or the customer for any services from the Company.

 

 

2.1 All orders are accepted, and all contracts are made, subject to these Conditions.
2.2 Any special conditions in a quotation or contract signed by a duly authorised employee of the Company prevail over these Conditions to the extent of any inconsistency.
2.3 If the Buyer’s terms conflict with these Conditions, these Conditions prevail.

 

 

3.1 A quotation is not an offer. An order placed by the Buyer in response to a quotation is an offer by the Buyer and becomes binding only when the Company issues a written acknowledgement of acceptance.
3.2 Unless stated otherwise, a quotation is deemed withdrawn if no order is placed within the period specified in the quotation.

 

 

4.1 Unless a price is expressly stated to be fixed for a specific delivery period, the Company may vary prices to reflect the price ruling at the date of despatch, including any increases in materials, labour, transport, or other costs incurred between contract and despatch.
4.2 Where a price is fixed for a specific delivery period but supply occurs after that period for reasons not caused by the Company, the Company may charge the price ruling at the date of despatch as per clause 4.1.
4.3 Prices exclude carriage, packing, and VAT unless expressly stated otherwise.

 

 

5.1 A minimum call-out charge of £72 including VAT applies to visits within a 15-mile radius of Ipswich. This includes attendance, travel, and up to the first hour of investigation/assessment on site.
5.2 The minimum call-out charge applies even where no repair is carried out.
5.3 Visits beyond 15 miles from Ipswich may attract additional travel charges.
5.4 If further work is required following a call-out, the Company will provide a quotation. If that quotation is accepted, the initial visit cost is reduced by 50% and credited against the quoted works.

 

 

6.1 Quotations are provided free of charge unless stated otherwise.
6.2 Any work not included in the original quotation (including additional or unforeseen works identified on site) will be agreed with the Buyer in writing before proceeding and will be chargeable as a variation.

 

 

7.1 Please provide at least 24 hours’ notice to cancel or reschedule a booked visit.
7.2 Cancellations with less than 24 hours’ notice, or where access cannot be gained on attendance, may be charged the minimum call-out.

 

 

8.1 All materials and parts supplied by the Company remain the property of the Company until paid for in full (see Title clause).
8.2 The Company uses quality, approved materials from trusted suppliers. Manufacturer warranties apply in addition to the Buyer’s statutory rights.
8.3 If a supplied part develops a fault within its warranty, the Company will assist with arranging repair/replacement subject to the manufacturer’s terms. This does not cover faults caused by misuse, damage, tampering, or subsequent third-party work.
8.4 Customer-supplied parts: if unsuitable or incomplete, additional time and materials to complete the installation will be chargeable.

 

 

9.1 Any delivery dates or periods are estimates and not of the essence.
9.2 If delivery is delayed by events beyond the Company’s reasonable control (including fire, explosion, supplier delays, plant breakdown, strikes/lockouts, transport or material shortages), delivery periods are extended by the period of delay. If such delay lasts 6 weeks or more and is continuing, the Buyer may terminate as to undelivered Goods by written notice.
9.3 Where delivery requires information or approvals from the Buyer, any delay in providing them may extend delivery times.
9.4 The Company may deliver by instalments. Each instalment is a separate contract; failure in one does not affect others.
9.5 Goods offered ex-stock are subject to prior sale.
9.6 The Company may assign, subcontract, or sublet any part of the contract.

 

 

10.1 Unless expressly stated otherwise in the quotation/acceptance of order, carriage and packing are chargeable in addition to the price.
10.2 The Company may vary carriage and packing charges to reflect the charges ruling at despatch.

 

 

11.1 Risk in the Goods passes to the Buyer on delivery to the Buyer or to any person the Buyer authorises to receive the Goods. The Buyer should insure from that point.
11.2 Title to the Goods remains with the Company until the Company has received payment in full for (a) the Goods and (b) all other sums due from the Buyer to the Company on any account.
11.3 Until title passes, the Company may enter the Buyer’s premises (or other locations where the Goods are stored) to recover the Goods if any payment is overdue or any insolvency/termination event occurs. The Buyer must store the Goods properly and clearly mark them as the Company’s property and permit reasonable inspection.
11.4 The Company’s rights under this clause are additional to its other remedies.
11.5 Nothing in this clause entitles the Buyer to return Goods unless requested by the Company.

 

 

12.1 Unless otherwise agreed in writing, payment is due on completion of works (for services) or within 30 days from invoice date (for account customers).
12.2 The Company may charge interest on overdue sums at 1.25% per month from the due date to payment. The Company may also apply reasonable administration charges to overdue accounts.
12.3 If the Buyer defaults on payment, the Company may:
(a) demand immediate payment of all sums due (whether or not yet due),
(b) cancel outstanding orders, and/or
(c) require cash in advance or satisfactory security before further supply.
12.4 The Buyer may not withhold or set off payment except for a valid claim under Warranties & Claims.

 

 

13.1 The Buyer must inspect Goods on delivery.
13.2 Short delivery or transit damage: either note details on the carrier’s receipt at delivery (where possible) or notify the Company within 7 days of delivery.
13.3 Non-delivery: notify the Company within 7 days of the invoice date.
13.4 Where Goods are supplied by instalments, each instalment must be paid for in accordance with Terms of Payment.

 

 

14.1 The Buyer is responsible for satisfying itself (by testing samples or otherwise) that the Goods are fit for the Buyer’s purpose.
14.2 If Goods materially differ from description/sample or are unmerchantable due to faulty materials, workmanship, or packing, the Company will replace the Goods or refund the price (or a fair proportion), subject to the following:
(a) Visible faults: claim as soon as reasonably discoverable and within 3 months of delivery.
(b) Latent faults: claim as soon as reasonably discoverable and within 6 months of delivery.
(c) All claims must be in writing.
(d) The Buyer must give the Company a reasonable opportunity to examine the Goods before further use or processing.
(e) The Company is not liable for any damage or deterioration after delivery, including unsuitable storage or abuse.
(f) Goods the subject of a claim must be returned carriage paid for inspection, or (if return is impracticable) the Company may inspect in situ. If the claim is upheld, reasonable carriage costs will be reimbursed; otherwise, inspection/travel/labour may be charged.
(g) Subject to Limitation of Liability, replacement or refund is the maximum remedy for such claims.
14.3 Any surveys, advice, representations, or forecasts provided by the Company are given in good faith, based on the information available, but (subject to Limitation of Liability) the Company accepts no legal liability for reliance beyond the warranty expressly set out in this section.

 

 

15.1 Unless agreed in writing, illustrations and dimensions in catalogues or sales literature are approximate. The Company may make improvements or modifications to Goods or specifications.
15.2 Samples supplied for approval will be charged at the normal selling price if not returned within 60 days. Samples of special designs made to the Buyer’s requirements are non-returnable and charged at cost.
15.3 Showboards, mountings, and displays may be supplied free of charge but are returnable on request.

 

 

16.1 Where Goods are made to the Buyer’s designs, drawings, specifications, or samples, or made to general requirements approved by the Buyer, the Buyer shall indemnify the Company against any liability, costs, or expenses arising from alleged infringement of third-party rights (including patents or trade marks) and from any claims connected with such Goods.
16.2 The Company may reject materials supplied or specified by the Buyer if, in the Company’s judgement, they are unsuitable. Any resulting additional costs are chargeable. Buyer-supplied quantities must allow for normal spoilage.

 

 

17.1 The Buyer may not cancel a contract (in whole or part) without the Company’s consent. If the Company agrees, the Buyer must indemnify the Company in full for all costs, losses, and lost profit arising.
17.2 Any variation to a contract is binding only if agreed in writing.

 

 

18.1 Subject to any non-excludable rights under law, the Company’s total liability (whether in contract, tort, or otherwise) arising out of or in connection with any contract for the supply of Goods and/or services shall be limited to the invoice value of the Goods/services giving rise to the claim.
18.2 The Company shall not be liable for loss of profit, loss of business, or any indirect or consequential loss.
18.3 Nothing in these Conditions limits liability for death or personal injury caused by the Company’s negligence, for fraud, or for any liability that cannot lawfully be limited or excluded.

 

 

19.1 Without prejudice to other remedies, the Company has a general lien over all tools, Goods, and other property of the Buyer in the Company’s possession in respect of all sums owed.
19.2 If the Buyer fails to pay within 14 days of written notice, the Company may sell or dispose of such property as it thinks fit and apply the proceeds towards the debt (accounting for any balance to the Buyer).

 

 

20.1 All packaging and site waste is to be disposed of by the Buyer at the Buyer’s expense unless waste removal is expressly itemised in the quotation.
20.2 Where waste removal is itemised and accepted, charges will apply as stated.

 

 

21.1 Notices must be in writing and may be delivered by hand, post, or fax to the addresses stated in the Company’s quotation/acknowledgement or such address as notified in writing.
21.2 Service is deemed effected on delivery by hand, two days after posting, or on successful fax transmission (answer-back received).

 

 

22.1 No failure, forbearance, delay, or indulgence by the Company in enforcing any right shall operate as a waiver of that or any other right.

 

 

23.1 These Conditions, together with any agreed special conditions, constitute the entire agreement between the parties for the relevant supply and supersede all previous UK conditions of sale of the Company.
23.2 If any provision is found invalid or unenforceable (in whole or part), the remainder shall continue in full force.
23.3 Headings are for convenience and do not affect interpretation.
23.4 Nothing in these Conditions affects statutory rights that cannot be excluded.

 

 

24.1 These Conditions and any dispute or claim arising out of or in connection with them are governed by English law.
24.2 The parties submit to the exclusive jurisdiction of the English courts.

 

 

25.1 All prices and charges are exclusive of VAT, which will be added at the prevailing rate.

 

 26. Documents: 

Invoices and certificates will be issued electronically. If you require any documents to be reissued (electronically or by post) or sent by post, an administrative fee of up to £12.00 (including VAT) per document may apply, in addition to any applicable postage or courier charges.