Terms & Conditions of Sale
These conditions apply to all contracts for the supply of goods or services by Generator & Electrical Services and unless agreed in writing by the company, no other conditions shall apply to the contract, 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. Generator & Electrical Services has the right to refuse an order at any time.
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 Generator & Electrical Services and the customer
2.3 Any advice or recommendation given by 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 Generator & Electrical Services is followed or acted upon entirely at the customers own risk, and accordingly 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 Generator & Electrical Services shall be subject to correction without any liability on the part of Generator & Electrical Services
2.5 No order which has been accepted by Generator & Electrical Services may be cancelled by the customer except with the agreement in writing of Generator & Electrical Services and on terms that the customer shall indemnify 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.
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
4.1 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 email@example.com within 14 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 completed will not be deemed valid. Generator & Electrical Services has the right to change the Payment terms at any time. If Generator & Electrical services feels the need to increase the price quoted during the work being carried out, this will be done in writing with the customer.
4.2 All prices given by Generator & Electrical Services are on an ex works basis and subject to the current VAT rates set by HMRC. Where Generator & Electrical Services agree to deliver the goods, the customer shall be liable to pay Generator & Electrical Services charges for transport, packaging and insurance.
4.3 Payment for the goods shall occur on the date advised on the invoice issued to the customer.
4.4 The customer shall pay the price of the goods on the due date for payment and 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.
4.5 If the customer fails to make any payment on the due date then, without any prejudice to any other right or remedy available to Generator & Electrical Services, then 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 Generator & Electrical Services) as 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 4 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).
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.
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, 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.
As per the instructions of HMRC, we are obliged to only sell products to countries that are deemed as ‘safe’. It is our right to refuse an order on these grounds. Proof of exportation must be provided in order for us to waive the VAT. An order for export will only be deemed accepted upon receipt of the agreed deposit payment. This will then secure the slot in production for your order. Once your order is ready, we will advise by email with the balance invoice. All balance payments must be paid and received by us within 7 days. Failure to do so will result in your deposit payment being forfeited and the products will remain the property of Generator & Electrical Services and the order will be cancelled.
Health and Safety Regulations
Generator & Electrical Services does not warrant that the goods comply with any government regulations, CE marking, road traffic legislation, EU emission compliance, health and safety specifications or otherwise unless specifically stated on the goods or accompanying documentation. 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
8.1 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 14 days from the date of the invoice, any queries after this date will be deemed invalid.
8.2 Carriage charges and type of delivery will be stated in the written quotation. It is the customers responsibility to ensure they can take delivery of the goods order. Delayed or refused deliveries will be deemed chargeable to the customer. Claims for damaged goods in transit will not be accepted unless the delivery 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 firstname.lastname@example.org.
8.3 Please allow 7 working days for Royal Mail and standard courier deliveries. Claims for non-delivery cannot be accepted unless an advice is received in writing within 7 days of dispatch date. Customers agree to indemnify us from all losses resulting from their failure to comply with these regulations.
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. 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 Generator & Electrical Services obligations in relation to the goods, if the delay or failure was due to any cause beyond Generator & Electrical Services reasonable control.
10.1 All components within the finished product are covered by the original manufacturers guarantee. 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 he shall have satisfied himself 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.
10.2 Any issues after 14 days will be investigated within 7 days by 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.
11.1 In the case of new equipment, 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 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 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 Generator & Electrical Services to carry out the servicing at the correct intervals your warranty may be jeopardised. If in doubt please ask.
11.2 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.
11.3 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.
11.4 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 Generator & Electrical Services shall have no liability for any defect in the goods and the customer shall be bound to pay the price.
11.5 Notwithstanding the provisions of clause
11.6 Where any valid claim in respect of any of the goods based on any defect in their quality or condition is accepted by 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 Generator & Electrical Services sole discretion, refund to the customer the price of the goods (or a proportionate part of the price), but Generator & Electrical Services shall have no further liability to the customer.
11.7 Except in respect of death or personal injury caused by Generator & Electrical Services negligence, 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 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 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
12.1 If an issue occurs with any product, Generator & Electrical Services must be notified in email to email@example.com within the first instance. Full details of the product, date purchased and the issue(s) experienced must be included. 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.
12.2 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. 3 If an order cannot be fulfilled by 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.
13.1 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.
13.2 Orders will only be accepted by official purchase order from the customer. An Email Order Confirmation and a copy of 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 Generator & Electrical Services. All orders are accepted on the basis that our Terms of Sale supersede any Terms of Purchase.
14.1 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.
14.2 The generator must not exceed 250 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. 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
Any second hand or refurbished generator which is bought from GES comes with a standard 3 month warranty from date of purchase, unless otherwise stated.
Risk & Property
16.1 Goods in any order or instalment 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.
16.2 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.
16.3 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.
16.4 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.
16.5 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.
16.6 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.
Generator & Electrical Services supply generators on an ex works basis only. Customers are advised to satisfy themselves as to the correct procedures and requirements for shipping. Generator & Electrical Services is not liable for the default of carriers for late shipment or any other problems with shipping companies, shipping lines, bills of lading, duties, damages in transit or port or any claim whatsoever due to shipping overseas or carriage across international borders. Customers are advised to insure their goods prior to departure from our premises.
Inspections for overseas
Equipment inspection for valuation of duty is a requirement of some overseas countries. While Generator & Electrical Services will provide reasonable assistance in the formalities it is the customers entire responsibility to satisfy itself as to the specific requirements of the country to which goods are shipped. Generator & Electrical Services does not accept any responsibility whatsoever for delays or expenses incurred or duty payable. Customers are advised to check with the relevant country’s customs or embassy authorities for full details of all formalities. Generator & Electrical Services reserve the right to charge for administration and any other expenses incurred in the inspections procedure.
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.
All orders are made to order and therefore a cancellation fee will be charged if components have been 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.
No waiver by 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: 23 May 2019