Terms & Conditions of Sale

General
1.0 These conditions apply to all contracts for the supply of goods or services by Matthew Daws T/A Generator & Electrical Services and unless agreed in writing by the company, no other conditions shall apply to the contract, purchase order or Letter of Intent, irrespective of any conditions printed on the customers order form. The contract or conditions means these terms and conditions and the whole of the contents of the document of which they are attached or on which they are printed. Customer means the person or company who is the purchaser of the goods. Matthew Daws T/A Generator & Electrical Services has the right to refuse an order at any time without reason.
Goods Ordered
2.1 All orders are subject to the goods being available. No verbal agreement to supply goods is
effective unless specifically stated in writing with all charges detailed.
2.2 No variation to these conditions shall be binding unless agreed in writing between Matthew Daws T/A Generator & Electrical Services and the customer.
2.3 Any advice or recommendation given by Matthew Daws T/A Generator & Electrical Services to the customer or its agents as to the storage or use of the goods which is not confirmed in writing by Matthew Daws T/A Generator & Electrical Services is followed or acted upon entirely at the customers own risk, and accordingly Matthew Daws T/A Generator & Electrical Services shall not be liable for any such advice or recommendation which is not so confirmed.
2.4 Any typographical clerical or other error or omission in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued by Matthew Daws T/A Generator & Electrical Services shall be subject to correction without any liability on the part of Matthew Daws T/A Generator & Electrical Services.
2.5 No order which has been accepted by Matthew Daws T/A Generator & Electrical Services may be cancelled by the customer except with the agreement in writing of Matthew Daws T/A Generator & Electrical Services and on terms that the customer shall indemnify Matthew Daws T/A Generator & Electrical Services in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Generator & Electrical Services as a result of cancellation.
Quotations
3.0 The prices stated in all written communication, including letterhead and email quotations are
accurate at the time of publication however these are subject to alteration without notice. All
quotations are valid for a period of 30 days only. After this time we reserve the right to refuse to
quote, increase or decrease the original price quoted. All goods are invoiced at the price quoted and are subject to VAT which is charged at the current rate set by HMRC.
Payment and Terms of Business
4.0 All prices and payment terms will be advised on the initial enquiry and quotation. These will then
be reaffirmed on the invoice. All queries must be sent in email to hello@generator-man.co.uk within
7 days of receipt of the terms. All queries after this time period will be deemed invalid. Prices and
Payment terms after the work has been commenced will not be deemed valid. Matthew Daws T/A Generator & Electrical Services has the right to change the Payment terms at any time. If Matthew Daws T/A Generator & Electrical Services feels the need to increase the price quoted during the work being carried out, this will be done in writing to the customer with a full explanation.
4.1 All prices given by Matthew Daws T/A Generator & Electrical Services are on an ex works basis and subject to the current VAT rates set by HMRC. Where Matthew Daws T/A Generator & Electrical Services agree to deliver the goods, the customer shall be liable to pay Matthew Daws T/A Generator & Electrical Services charges for transport, packaging and insurance.
4.2 Payment for the goods shall occur on the date advised on the invoice issued to the customer.
4.3 The customer shall pay the price of the goods on the due date for payment and Matthew Daws T/A Generator & Electrical Services shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the customer. The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only upon request.
4.4 Matthew Daws T/A Generator & Electrical Services will not accept any form of retention payment scheme and all orders are subject to the Payment Terms as stated in the quotation and all orders are placed and accepted by us for using these terms.
4.5 If the customer fails to make any payment on the due date then, without any prejudice to any
other right or remedy available to Matthew Daws T/A Generator & Electrical Services, then Matthew Daws T/A Generator & Electrical Services shall be entitled to:
4.5.1 Cancel the contract or suspend any further deliveries to the customer.

4.5.2 Appropriate any payment made by the customer to such of the goods (or the goods supplied under any other contract between the customer and Matthew Daws T/A Generator & Electrical Services) as Matthew Daws T/A Generator & Electrical Services may think fit (notwithstanding) any purported appropriation by the customer);

and 4.5.3 Charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of 8 per cent pet annum above the Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Deposit Payments
5.0 In order to confirm an order, a deposit payment will be required and shall be paid upon agreeing
the sale price. In the event the customer fails to pay the balance when due we reserve the right at
our sole discretion to retain the down payment as compensation for administration costs,
inconvenience, loss, storage charges and the like. All other payments made as noted on this form are non refundable.
5.1 Customers unable to complete payment on the due date for payment will be notified and if no
satisfactory written contact is received within 14 days, Matthew Daws T/A Generator & Electrical Services reserves the right to sell the goods and any losses incurred will be charged to the customer, including all costs of storage, security and insurance.
Export Sales
6.0 Export Sales are covered by our stand alone Export Terms & Conditions depending on the
country of purchase, please contact us for a copy of these.
Health and Safety Regulations
7.0 Matthew Daws T/A Generator & Electrical Services does not warrant that the goods comply with any government regulations, CA marking, road traffic legislation, EU emission compliance, health and safety specifications or otherwise unless specifically stated on the goods or accompanying documentation provided by the original component manufacturer.
The customer is advised to ensure that the goods comply with all relevant regulations and to carry
out any relevant tests as necessary by professionally qualified engineers to ensure the safe use of the goods. Operators should have full instructions on the operation of all equipment and have the
necessary qualifications and certification as required.
Delivery & Carriage of Components & Goods
8.0 Matthew Daws T/A Generator & Electrical Services does not accept liability for non-or late delivery. An estimated delivery date will be supplied to the customer during the initial quotation. A confirmed delivery date will be given once payment has been received for the order and has gone into production. We reserve the right to change the delivery date at any time and will notify the customer when deemed possible. All delivery queries must be sent in writing on or before 7 days from the date of the invoice, any queries after this date will be deemed invalid.
8.1 Carriage charges and method of delivery will be stated in the written quotation. It is the customers responsibility to ensure they can take delivery of the goods ordered. Delayed or refused deliveries will be deemed chargeable to the customer. Claims for damaged goods in transit will not be accepted unless the delivery note has been signed for as ‘damaged’ with the courier. It is the customers responsibility to ensure an authorised person accepts delivery and the checking procedure is followed. Claims for damaged goods during transit will only be investigated if the goods are marked as ‘damaged’ on the couriers paperwork. Signing ‘unchecked’ will not be deemed as valid by the courier. The standard insurance is £1.50 per kg, if you require enhanced insurance of £5-10 per kg please ask for this during the quotation period. Claims for mistakes or shortages will only be accepted within 24 hours of delivery and must be in email to hello@generator-man.co.uk.
8.2 Please allow 7-10 working days for Royal Mail and standard courier deliveries. Claims for non-delivery cannot be accepted unless an advice is received in writing within 14 days of dispatch date.
Customers agree to indemnify us from all losses resulting from their failure to comply with these
regulations.
Liability
9.0 No liability for any consequential loss or damage arising from goods supplied by us or late
delivery of goods supplied by us can be accepted. This clause does not and will not affect any
statutory rights. Matthew Daws T/A Generator & Electrical Services shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Matthew Daws T/A Generator & Electrical Services obligations in relation to the goods, if the delay or failure was due to any cause beyond Matthew Daws T/A Generator & Electrical Services reasonable control.
Guarantee
10.0 All components within the finished product are covered by the original component manufacturers warranty. We endeavour to assist with any initial issues effecting the finished product for the first 14 days of the product being the property of the customer. The customer hereby acknowledges and agrees that they are satisfied before entering into a contract as to the capacity, quality, effectiveness and performance of the Goods and their fitness for purpose and suitability for the purpose for which they are to be used.
10.1 Any issues after 14 days will be investigated within 10 working days by Matthew Daws T/A Generator & Electrical Services and will only be rectified under warranty if deemed acceptable. If due to the fault of the customer either by misuse or an incorrect specification has been given by the customer this will be rectified at the cost of the customer.
Warranty
11 In the case of new equipment, Matthew Daws T/A Generator & Electrical Services will pass as far as it is able the benefit of any manufacturer’s warranty to the customer in the way authorised by that manufacturer.
If Matthew Daws T/A Generator & Electrical Services carry out any work on goods covered by a warranty on no account are they liable to replace or provide loan equipment while the work is being carried out. All equipment must be returned to Matthew Daws T/A Generator & Electrical Services for warranty work to be done and collected from Generator & Electrical Services when completed at the customers own cost. If you do not allow Matthew Daws T/A Generator & Electrical Services to carry out the servicing at the correct intervals your warranty may be jeopardised. If in doubt please ask.
11.1 Subject are expressly provided in these conditions, and except where the goods are sold to a
person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all
warranties, conditions or other terms implied by statute or common law are excluded to the fullest
extent permitted by law.
11.2 Where the goods are sold under a consumer transaction (as defined by the Consumer
Transaction (Restrictions on Statements Order 1976) the statutory rights of the customer are not
effected by these conditions.
11.3 The customer confirms that it has been given complete access to carry out a careful and
thorough inspection of the goods and confirms that it accepts the goods in the condition, which
would be revealed by such inspection. The customer shall not be entitled to reject the goods and
Matthew Daws T/A Generator & Electrical Services shall have no liability for any defect in the goods and the customer shall be bound to pay the price.
11.4 Where any valid claim in respect of any of the goods based on any defect in their quality or
condition is accepted by Matthew Daws T/A Generator & Electrical Services in its entire discretion it shall be entitled to replace the goods (or the part in question) free of charge or, at Matthew Daws T/A Generator & Electrical Services sole discretion, refund to the customer the price of the goods (or a proportionate part of the price), but Matthew Daws T/A Generator & Electrical Services shall have no further liability to the customer.
11.5 Except in respect of death or personal injury caused by Matthew Daws T/A Generator & Electrical Services negligence, Matthew Daws T/A Generator & Electrical Services shall not be liable to the customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise), costs expenses or other claims for compensation whatsoever (whether caused by the negligence of Matthew Daws T/A Generator & Electrical Services, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer, and the entire liability of Matthew Daws T/A Generator & Electrical Services under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
Returns and Refunds
12.0 If an issue occurs with any product, Matthew Daws T/A Generator & Electrical Services must be notified in email to hello@generator-man.co.uk within the first instance. Full details of the product, date purchased and the issue(s) experienced must be included. Matthew Daws T/A Generator & Electrical Services will respond within 10 working days. In the first instance, we will endeavour to rectify an issue, at our cost if deemed appropriate. If an issue cannot be rectified we may agree for the product to be returned and refunded, however goods may not be returned without our prior agreement in writing. Goods returned with our prior agreement must be sent to the agreed address, carriage paid, and accompanied by a delivery note stating our original invoice number and reason for return. We reserve the right to levy a handling charge.
12.1 Refunds will be calculated upon inspection of the returned product. As a general guide, only
generators which have not been used will be refunded in full. Any generator which has been used,
normally more than 5 hours on the clock, will be refunded deducting the standard hourly hire rental
rate from the original amount paid, this is dependent on the size of generator. If a refund is agreed it
shall be credited by same payment method as originally paid within 30 working days of goods
returned.
12.2 If an order cannot be fulfilled by Matthew Daws T/A Generator & Electrical Services, we shall notify the customer in writing and if payment has been received, we will endeavour to refund the customer within 30 working days of order cancellation. Refunds will be made by the same payment method as the original payment was received.
Orders
13.0 We reserve the right to: (I) refuse to accept an order. (2) cancel an order. (3) suspend deliveries
against an order. (4) refuse cancellation of an order, at any time, without explanation. No variation
of an order will be recognised unless otherwise agreed by us in writing.
13.1 Orders will only be accepted by official purchase order from the customer. An Email Order
Confirmation and a web link to our Terms & Conditions will then be sent to the customer. The order
will then be deemed as accepted. The order will only be processed once full payment has been
received unless other payment terms have been agreed with Matthew Daws T/A Generator & Electrical Services. All orders are accepted on the basis that our Terms of Sale supersede any Terms of Purchase.
Buy-Back Agreement
14.0 Matthew Daws T/A Generator & Electrical Services may offer to ‘buy-back’ a generator which we have manufactured and supplied but this must be agreed before the original order is placed and must be within 12 months of original delivery. We will agree a weekly hire rate that will be charged and deducted from the original price of the generator (excluding delivery, positioning, commissioning, servicing charges and VAT). The balance will be refunded to the customer within 28 working days of the generator returning to our workshop and a full inspection carried out.
14.1 The generator must not exceed 160 hours per calendar month of ownership. A full service
history must be documented and supplied with the generator upon its return. The generator must
be returned in a saleable condition with any damage or repairs needed carried out either before the
generator is returned or by us with the full cost being deducted from the balance due. Matthew Daws T/A Generator & Electrical Services will collect the generator only from the original delivery address. If this is to be different, the customer will be liable for the delivery cost.
Refurbished and Second-Hand Generators
15.0 Any second hand or refurbished generator which is bought from Matthew Daws T/A is ‘Sold as Seen’, unless otherwise stated at the time of purchase.
Risk & Property
16.0 Goods in any order or installment of order remaining, with all legal and beneficial or equitable
interest, remain our property until full payment has been received from the customer on any
account whatsoever, or until they are delivered whichever is the later.
16.1 The customer, in accepting delivery of any goods before payment is thereby deemed
irrevocably to authorise us to repossess any or all such goods when and if payment is not made in
accordance with these terms of business, or at any time if the customer commits any act which, if
committed by an individual, would amount to an act of bankruptcy. The customer hereby grants to
us full and irrevocable authority to repossess and to enter the customer’s premises during normal
business hours causing no unnecessary damage, to effect repossession.
16.2 If any goods are sold by the customer before all sums owing to us by the customer on any
account whatsoever have been paid in full, the customer shall be deemed to be acting on such sale
as our agent and shall receive the proceeds of sale as such and shall immediately pay the entire
proceeds of sale into a bank account and shall hold the said moneys upon an immediate trust to pay
the same to us to satisfy all such sums owing and the customer shall not mix such proceeds with any
moneys other that the proceeds of sale of our goods.
16.3 Notwithstanding the foregoing, the risk in goods passes to the customer upon delivery of them
to the customer his representative and the customer agrees, at its expense, to insure that such
goods thereupon against theft and fire and comprehensive risks.
16.4 At our sole discretion we may, by notice, pass the property in and the ownership of any goods
to the customer at any time at or after delivery even though sums may remain owing to us by the
customer but without prejudice to any remedies available to us here under.
16.5 All risk in the goods shall pass to the customer when the goods leave Generator & Electrical
Services premises. The customer is advised to insure the goods before they leave Generator &
Electrical Services, as no claims for loss or damage will be entertained. Neither will claims for any
injuries or accidents caused by the equipment.
Shipping overseas
17.0 Please see our Export Sales Terms & Conditions.
Inspections for overseas
17.1 Please see our Export Sales Terms & Conditions.
Cancellation Policy
18.0 Customers are able to cancel any order within 24 hours of placing it without incurring a
cancellation fee if a payment has not been received from the customer.
18.1 All orders are made to order and therefore a cancellation fee will be charged if components
have been specially bought and/or the order has got into production when cancellation has been requested.
A cancellation fee will be calculated dependent on the stage of production, normally 50% of the
order value if production has commenced, 75% of the order value if production of a bespoke
product has commenced. This will be confirmed in writing once cancellation has been accepted.
Law
19.0 No waiver by Matthew Daws T/A Generator & Electrical Services of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of this contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this contract and the remainder of the provision in question shall not be effected. The contract shall be governed by the laws of England, and the customer agrees to submit to the non-exclusive jurisdiction of the English courts.
Last Updated: 05 April 2022