Legal Review and Revision of Terms and Conditions for TMUK Group Ltd
Part 1: Revised Terms and Conditions for TMUK Group Ltd (Effective 2025)
TMUK GROUP LTD – TERMS AND CONDITIONS OF SERVICE
BACKGROUND: These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which We provide Our Services to Customers. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Services from Us. You will be required to read and accept these Terms and Conditions when ordering Services.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| Term | Definition |
|---|---|
| “Agreement” | means the contract between Us and the Customer for the provision of the Services, which shall incorporate, and be subject to, these Terms and Conditions. |
| “Business Customer” | means a Customer who is acting for purposes relating to their trade, business, craft, or profession. |
| “Consumer” | means a Customer who is an individual acting for purposes which are wholly or mainly outside of their trade, business, craft, or profession, as defined by the Consumer Rights Act 2015. |
| “Customer” | means the individual or business entity who engages Us for the provision of Services, as identified in the Order and Quotation. |
| “Deposit” | means an advance payment that may be required from the Customer in accordance with Clause 4. |
| “Distance Contract” | means a contract concluded between Us and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. |
| “Final Fee” | means the total price payable for the Services, as detailed on the final invoice issued in accordance with Clause 5. |
| “Off-Premises Contract” | means a contract concluded between Us and a Consumer in a place which is not Our business premises. |
| “Order” | means the Customer’s initial request for Us to provide the Services. |
| “Property” | means the Customer’s property or premises at which the Services are to be provided, as detailed in the Order. |
| “Quotation” | means the written quotation We provide to the Customer, detailing the scope of the Services and the Quoted Fee. |
| “Quoted Fee” | means the fee set out in the Quotation, which shall be the basis for the Final Fee. |
| “Services” | means the electrical inspection, testing, installation, repair, and maintenance services to be provided by Us as specified in the accepted Quotation. |
| “We/Us/Our” | means TMUK Group Ltd, a company registered in England and Wales, whose address is T.M.U.K GROUP LTD Registered Office: 20-22, Wenlock Road, London, England, N1 7GU. Company Number: 10771597. VAT number: GB2712138 29 |
| “Work Area” | means the part of the Property within which the Services are to be rendered. |
1.2. Any reference to “writing” includes email.
1.3. Any reference to a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
1.4. The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2. Information About Us
2.1. We are registered with a recognised and authorised self-certification scheme for electrical work.
2.2. We hold valid and suitable insurance, including Public Liability Insurance with a limit of indemnity of at least £5 million.
3. The Contract
3.1. We accept Orders for Our Services via our website, email, or telephone. When placing an Order, the Customer must provide detailed information about the required Services, including the location, size, and nature of the Property.
3.2. Upon receipt of an Order, We will prepare a Quotation and submit it to the Customer. The Quotation is a detailed offer to provide the Services for the Quoted Fee.
3.3. A legally binding Agreement between Us and the Customer will be created upon the Customer’s acceptance of Our Quotation. Acceptance must be a clear, affirmative action (e.g., written confirmation by email or ticking a consent box on Our website). Before accepting, the Customer must ensure they have read and understood these Terms and Conditions.
3.4. The Customer may request changes to the Quotation before accepting it. If We agree to the changes, We will issue a revised Quotation.
3.5. Our Quotations are based on the information provided by the Customer and assume unrestricted access to relevant electrical installations (e.g., fuse boards, switchgear) and the availability of any previous inspection reports and circuit schedules. If such information is unavailable or access is restricted, additional charges may apply for preliminary assessment work, which will be agreed upon with the Customer in advance.
4. Deposit
4.1. At the time of accepting the Quotation, We may require the Customer to pay a Deposit. The amount of the Deposit will be specified in the Quotation.
4.2. The Order will not be confirmed, and no work will be scheduled, until the Deposit is paid in full.
4.3. The Deposit is refundable under the cancellation provisions detailed in Clause 9 for Consumers and Clause 10 for Business Customers.
5. Fees and Payment
5.1. The Quoted Fee is fixed and includes the price for the Services and all sundry parts and materials specified in the Quotation.
5.2. If, during the course of the Services, additional work or materials are required that were not reasonably foreseeable at the time of the Quotation, We will obtain the Customer’s express consent and provide a revised Quotation before proceeding with such additional work.
5.3. We will issue an invoice to the Customer upon completion of the Services.
5.4. All invoices are payable within 30 days of receipt.
5.5. Any discounted rates applied to an invoice are conditional upon payment being received within the 30-day period. If payment is late, the full, non-discounted rate will become due.
5.6. This sub-clause applies to Business Customers only: In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, any sums remaining unpaid after the 30-day period will incur statutory interest at a rate of 8% above the Bank of England base rate, calculated daily. We also reserve the right to claim statutory fixed sum compensation for debt recovery costs.
5.7. This sub-clause applies to Consumers only: If you fail to make payment by the due date, We may charge you interest on the overdue sum at a rate of 4% above the Bank of England base rate. Interest will accrue on a daily basis from the due date until the actual date of payment.
5.8. Reports, certificates, and other documentation relating to the Services will be issued to the Customer within 14 working days of receiving full payment of the Final Fee.
Part 2: Clause-by-Clause Legal Analysis and Rationale for Amendments
Introduction to the Legal Audit and Key Legislative Changes
This report provides a detailed analysis of the revisions made to the TMUK Group Ltd Terms and Conditions (Rev 1.6, 2024). The purpose of this comprehensive legal review is to modernise the document, ensure compliance with current UK law as of 2025, and mitigate legal and commercial risks. The amendments are driven by a significant evolution in UK law, primarily aimed at enhancing consumer protection and clarifying the rights and obligations of both businesses and their customers.
The key legislative frameworks underpinning these changes are the Consumer Rights Act 2015 (CRA 2015), which consolidates consumer rights for goods, services, and digital content; the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs), which govern pre-contractual information and cancellation rights for distance and off-premises sales; the UK General Data Protection Regulation (UK GDPR), which has fundamentally reshaped data privacy law; and the Late Payment of Commercial Debts (Interest) Act 1998 for business-to-business transactions. Furthermore, this review anticipates the impact of the Digital Markets, Competition and Consumers (DMCC) Act 2024, which introduces new rules for Alternative Dispute Resolution (ADR) and grants significant new enforcement powers to the Competition and Markets Authority (CMA).
Section 1: Foundational Changes – Definitions, Structure, and Contract Formation
1.1. Refining Definitions for Legal Precision
The original terms used a single definition for “Customer,” encompassing both individuals and businesses. This is a foundational legal flaw. UK law creates a significant distinction between business-to-business (B2B) and business-to-consumer (B2C) contracts, with the latter group afforded substantially greater statutory protection.
The revised terms introduce separate, legally precise definitions for a “Consumer” and a “Business Customer”. The definition of a “Consumer” is drawn directly from the CRA 2015, defining them as an individual acting for purposes “wholly or mainly outside that individual’s trade, business, craft or profession”. This distinction is critical because it determines which legal framework applies. For example, consumers benefit from statutory cooling-off periods and protections against unfair contract terms that do not automatically apply to business customers.
Additionally, new definitions for “Distance Contract” and “Off-Premises Contract” have been added. These are essential for correctly applying the CCRs, which mandate a 14-day cancellation right for contracts made online, over the phone, or at a customer’s home rather than at the trader’s premises. Without these definitions, the application of the crucial cancellation rights in Clause 9 would be ambiguous.
1.2. Overhauling the Order and Contract Formation Process
The original document’s statement in Clause 2.3, “When submitting online orders you agree our terms and conditions,” is legally insufficient. For terms to be incorporated into a contract, the customer must be given a clear and reasonable opportunity to read and agree to them before the contract is concluded. The original wording is passive and assumes agreement, creating a risk that a court could find the terms were not properly incorporated and are therefore unenforceable.
This approach represents a reactive legal stance, which waits for a dispute to arise before arguing that the customer should have been aware of the terms. Modern consumer law, with its emphasis on transparency under both the CRA 2015 and UK GDPR, demands a proactive approach. The business must actively demonstrate that the customer was informed and consented.
The revised Clause 3.3 rectifies this by requiring a clear, affirmative action from the customer to signify acceptance of the Quotation and these Terms and Conditions. This could be an email confirmation or, for online orders, ticking a checkbox explicitly stating “I have read and agree to the Terms and Conditions,” with a direct hyperlink to the document. This creates an auditable record of consent, shifting the company’s compliance posture from a defensive one to a transparent and legally robust engagement with its obligations. This not only strengthens TMUK Group’s legal position but also builds customer trust.
Section 2: Aligning with Consumer Law – B2C Contracts
2.3. A Complete Overhaul of Cancellation Rights (The Cooling-Off Period)
The cancellation clauses in the original document (Clauses 4.10, 8.7, and 9) were contradictory, confusing, and legally non-compliant for consumer contracts. The punitive fee structure, which charged consumers for cancelling with less than 28 or 14 days’ notice, is unlawful for any contract made at a distance or off-premises.
| Feature | Original 2024 T&Cs | 2025 Compliant Revision (For Consumers) | Legal Rationale for Change |
|---|---|---|---|
| Cooling-Off Period | Not mentioned. A punitive fee structure applies from the moment of booking. | Statutory 14-day cooling-off period for all distance and off-premises contracts. Customer can cancel for any reason and receive a full refund. | The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. |
| Cancellation < 14 Days Before Agreed Date | All sums paid are retained, and any outstanding balance becomes immediately payable. | Full refund if within the 14-day cooling-off period. If work was requested to start, a charge for work done applies. Outside this period, a reasonable cancellation fee reflecting actual losses may be charged. | The original term is a penalty clause and is unlawful under the CCRs and likely unfair under the CRA 2015. It is unenforceable against consumers. |
| Request to Start Work During Cooling-Off Period | Not addressed. | Permitted, but the consumer must make an explicit request. If they then cancel, they must pay for the service provided up to the point of cancellation. | The CCRs 2013 allow for this, protecting the business while respecting consumer rights. Failure to get an explicit request means no payment can be claimed if the consumer cancels. |
Section 7: Implementation and Best Practice Recommendations
To ensure these revised Terms and Conditions are effective, TMUK Group Ltd should undertake the following actions:
- Systems Integration: Update the company website, online booking forms, and quotation software to ensure the new terms are presented to all customers for acceptance before a contract is formed. The system must log this acceptance.
- Develop a Privacy Notice: Immediately commission the drafting of a UK GDPR-compliant Privacy Notice. This document is now a legal necessity and should be made easily accessible via a link on the company website and in all contractual communications.
- Staff Training: Conduct training for all sales, administrative, and customer-facing staff. They must understand the key changes, particularly the 14-day cooling-off period for consumers, the process for handling cancellation requests, and the statutory remedies for service complaints.
- Document Accessibility: Ensure all customers receive a copy of the accepted terms in a “durable medium” (e.g., a PDF attachment to a confirmation email) as required by the CCRs.
- Periodic Review: Legal and regulatory landscapes change. These Terms and Conditions and the associated Privacy Notice should be scheduled for a formal review at least every two years, or sooner if there are significant changes to legislation or business practices.