Please find our Terms & Conditions below, any question please ask.
1. Completion of the Order Form does not constitute and will not be construed as creating a binding contract.
2. A contract will be made when the Order Form has been accepted and approved by PowerPlug of 28 Church Road, Bow Brickhill, Milton Keynes, MK17 9LD; (the Franchisor) and notification of such approval has been received by the Client from the Franchisor in writing.
3. Property in any goods purchased by the Client will not pass to the Client and insurance cover will not be affected until all debts owed to the Franchisee including the contract price and any balance due including interest charges existing at all relevant times have been paid in full in cash or cleared funds credited to the account of the Franchisor. To the point of full payment any reports written by the Franchisee in the course of the contract and all materials shall remain the property of the Franchisee and can be demanded by the Franchisee to be returned upon the giving of notice in writing to the Client.
4. The risk of loss or damage in all goods supplied to the Client shall pass to the Client as soon as the goods are delivered to the Client. The Franchisee does not warrant in any way in respect of its goods and services other than to warrant that the services and materials provided are provided in good faith in line with the Franchisee’s satisfaction warranty stated at the beginning of each test report.
5. Only at the point of full and cleared payment to the Franchisee does the Franchisee undertake any responsibility whatsoever for the Test and Repair of any portable appliance in the care or ownership of the Client or Client’s employee or member of the general public or any other body or person.
6. At all times the Client must comply with the written and verbal instructions of the Franchisee and its servants to act and to notify at all times any new/changes in circumstance of all portable appliance (no matter how trivial it is perceived) by the Client and to follow the procedures for “in house Visual Inspections” and “interim internal Testing” as laid down by the Franchisee to the frequency detailed in line with the latest Health and Safety Executive guidelines as guided by and laid down under the Electricity @ Work Regulations 1989 or any other statutory requirement and in line with the procedures and recommendations as laid down by the Franchisee as defined in these terms of trading and the Test Reports/Daily Test Summaries so provided/signed for.
7. When a “Failed appliance” is notified by the Franchisee to the Client or the Duty Holder it is then the sole responsibility of that person to ensure that the appliance is withdrawn from service in line with the Electricity @ Work Regulations 1989 and the memorandum of guidance on this Act with immediate effect. Under no circumstances does the Franchisee accept liability whatsoever if a Failed appliance is not repaired or withdrawn from service. Each Test and/or Retest is charged at the appropriate rate in line with the Service Package (* / * */ * * *) agreed for that Client and written into the Order Form. A Retest is defined as any number of Tests up to 5 to obtain (in the sole opinion of the Franchisee) at satisfactory result.
8. When a “Flaw appliance” (an appliance which is considered by the Franchisee to be faulty but not immediately hazardous) is notified to the Client or the Duty Holder it is then the sole responsibility of that person to ensure that the appliance is repaired within 28 days of receipt of the Test date. Under no circumstances does the Franchisee accept liability whatsoever for the safety of the said appliance following the Test as the “Flaw” procedure is designed solely for the benefit of the Client so as to maintain production or services within reasonable safe limits. If the Client is in any doubt as to his/her ability to repair all the said appliances within 28 days then the Client should not opt for this service option and choose the normal Fail procedure and have the appliance/appliances in question withdrawn from service immediately they are reported.
9. At all times with any addition or change in appliance circumstances the Client or the Duty Holder must notify the Franchisee by letter or fax immediately the change occurs. The Franchisee contracts to up date records and Test the new appliance within 15 working days of receipt of the formal notification. If the Client or the Duty Holder is in any doubt concerning the safety of any appliance or it’s location or it’s connection prior to placing it in service the Franchisee strongly recommends a full Franchisee Inspection and Electrical Test prior to placing the appliance in service.
10. The Franchisee, PowerPlug and all its associate companies, shall not be liable for any loss, injury, death or damage of any kind arising directly or indirectly or resulting from any breakdown or failure in the appliances Tested or Repaired or in the Test results, data or stored information or software or hardware or materials used by the Client or the Client’s employees or any third party or from the provision of services unless such loss, injury, death or damage is caused by the negligence of the Franchisee, PowerPlug and or it’s associated companies, in the performance of it’s obligations as herein contained. Prior to Testing the Client or the Duty Holder must ensure that all appliances to be Tested are authorised (in the case of but not limited to appliances which are hired, leased or loaned) and suitable and fit for electrical Testing by the Test instrument as used by the Franchisee (technical details supplied on specific request) and make all arrangements to ensure that all electrical portable appliance are located and shown to the Franchisee and that all computers and or appliances, classified as “information technology” equipment are prepared ready for Testing including but not limited to: logging computers out of any software or programmes and disconnecting them from other computer systems or electronic equipment and ensuring that any information retained or contained in any appliance is copied and or printed out. All Duty Holders must accept that Testing can bring about component failure when weaknesses are present, this may in a very small number of cases cause an appliance not to work. The Franchisee, PowerPlug and all it’s associate companies cannot be held responsible for damage brought about by the Client failing to comply with this condition. The Franchisee reserves the right not to Test appliances, which may appear not to be working prior to a Test or where in the Franchisees sole opinion the Test may damage such an appliance. It shall be assumed by PowerPlug unless formally advised to the contrary that all appliances to be Tested shall comply to common laid down and accepted BSEN 3456 (Household) 4533 (Luminaries) 2769 (Tools) 415 (Electronic) 60950 (Information Technology) standards of insulation and protection.
11. The Franchisee, PowerPlug and or it’s associate companies accept no liability whether under this agreement or otherwise and whether in contract or in tort, for any loss of use, business profits or contracts or any other consequential loss or damage as a result of providing the service in accordance with this agreement.
12. If any of these terms and conditions are held to be invalid under any applicable statement or rule of law, the individual terms and conditions in issue shall be deemed to be excluded from these terms and conditions to the extent of such invalidity, but the remainder of these terms shall continue in force and effect.
13. The Franchisee reserves the right to amend or add to these terms and conditions and or amend its prices at any time save that these changes will be put in writing and shall be sent by first class mail to the Client. The Client has 48 hours to reply in writing should the Client object to the revised terms and conditions or prices, following this period the amendments will be deemed to be in force and to have been accepted by both parties full stop.
14. The Client shall undertake to take good care of all equipment and records provided or Tested or Repaired by the Franchisee and operate the same in a safe and proper manner in accordance with the instructions and advice provided by the Health and Safety Executive, the Franchisee and the appliance manufacturer; and pay all charges, taxes and other outgoings payable in respect of the service provided by the Franchisee.
15. * This agreement shall continue in full force for a period of 60 months or a minimum of 3 full Test cycles unless specified otherwise and thereafter for a further such term of 60 months unless terminated by either party by giving 42 days written notice in advance to the other party prior to the end of each 60 month period. The contract price shall be increased only by inflation annually during the contract term. Repair costs may increase or decrease from time to time outside of inflation but in line with the purchase cost of materials and due notice of any amendments shall be given to the Client in writing. In the event of the agreement being terminated or substantially delayed (more than nine months) by the Client for any reason other than the liquidation of his/her business or a falling in standards operated by the Franchisee then the Franchisee may be entitled at its sole discretion to levy a compensation charge calculated on the contract Test price multiplied by the number of appliances identified in the first Test cycle (“the compensation charge”). In the event of a premature cessation of his contract (other than for the reasons previously given) the Franchisee will not be obliged to carry out further Tests, services or any other obligations but will be entitled to the compensation charge with payment in full and final settlement of any claim for loss.
16. A minimum charge calculated at the sum of 25 portable appliance Tests will apply to all call outs or visits whether for Retests or new or changed appliances (“the minimum call out charge”).
17. For service outside the perimeter of the Franchisees’ home town, stated in the order form, the Client shall pay the Franchisee a mileage charge calculated at 29/39 pence per mile for each mile travelled to reach the Clients “Test Site” address from the home town address and return. The mileage to be calculated by computer software.
18. When travelling time (Travel) or waiting time (Attendance) amounts to more than half of one hour in total per day per Franchisee, a charge calculated at the rate per minute detailed overleaf under TIME: #p and specified on the Daily Summary Sheet as Time # Minutes. The calculation is Minutes booked multiplied by Time per minute and is agreed and approved daily by the client by way of the summary sheet acceptance procedure (Signature).
19. In the event of Testing being abandoned for any reason or cancelled by the Client with less than four weeks notice in writing the minimum call out charge will apply for each test engineer booked, in addition to, but not limited to, the cost for any chargeable work which has been carried out, any time spent travelling and waiting and any expenses which have been incurred should the Franchisee be unable to reschedule work to replace that which had been cancelled. In the event of Testing being abandoned on the day of testing for any reason or cancelled by the Client with less than 24 hours notice PowerPlug reserve the right to charge £180 per day plus legitimate and proper costs per Franchisee booked to the test programme for that test programme as booked and confirmed under the Standard Start Work Letter.
20. The Franchisee is insured with a reputable Insurer and as such insurance cover is limited to the conditions detailed in the insurance policy document applying at the time; details are available from the Franchisee on request. The indemnity limit is £2 million pounds on any one claim. Any claim on PowerPlug it’s The Franchisees, and or it’s associate companies will be limited to this sum.
21. Repair costs shall be invoiced monthly and will not be available on either direct debit or standing order methods of payment.
22. A registration fee of £25.00 (excluding VAT) will be levied on all new accounts.
23. Copyright on all documents, reports, or Test results supplied to the Client in connection with this agreement shall remain vested in the Franchisee or the copyright owner. Such documents are confidential and should not be copied electronically or otherwise, or disclosed, or used without the express permission (in writing) of PowerPlug. Disclosure and or subsequent use in full or in part, without such authority, for the purposes or otherwise of using the data to form the basis of a Test and or Inspection program, by another contractor or employee, (no matter how small that use, or benefit) shall entitle PowerPlug at its sole discretion to levy a compensation charge calculated on the contract Test price multiplied by the number of appliances identified in the first Test cycle (“the copyright compensation charge”).
24. The invoices shall be submitted to the Clients on behalf of and in the name of the Franchisee by the Franchisor and all payments due under the terms of this agreement shall be payable to the Franchisor as agent for the Franchisee.
25. Payment of all amounts due shall be made by the Client in full (without deductions or withholdings whatsoever) within 30 days from the date of the invoice. All sums are exclusive of VAT. Overdue balances will incur an additional automatic interest charge calculated at 3% per month compound on the overdue balance.
26. Any notices to be served under this agreement shall be in writing and shall be served by recorded delivery or by first class postage prepaid letter to the address of the relevant party set out in the Order Form or such other address as the parties may specify in writing to the other and such notice shall be deemed to have been served 48 hours after the envelope containing such notice was delivered into the custody of the postal authorities.
27. This agreement represents the entire understanding between the parties and supersedes all other agreements and representations made by either party, whether written or oral and this agreement may only be modified if such modification is in writing and signed by a duly authorised representative of each party hereto. This agreement shall prevail over any inconsistent term or condition referred to in the Order Form or in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished.