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. |
| “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. 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.
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.
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).
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. If such information is unavailable or access is restricted, additional charges may apply for preliminary assessment work.
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.
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, We will obtain the Customer’s express consent and provide a revised Quotation before proceeding.
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. 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. 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.
5.8. Reports, certificates, and other documentation relating to the Services will be issued to the Customer within 30 days of receiving full payment of the Final Fee.
6. Exclusions of Liability: Property Damage & “Making Good”
6.1. TMUK Group Ltd is solely an Electrical Contracting Company. We do not provide plastering, painting, decorating, or general building services.
6.2. During the execution of electrical installations, repairs, or rewiring, it is often necessary to lift floorboards, chase out channels in brickwork, or cut into plasterboard to run cables. While Our engineers will take all reasonable care to minimise disruption, We accept no responsibility or liability for the “making good” of any cosmetic or structural damage.
6.3. It is the Customer’s sole responsibility to arrange and fund any subsequent remedial trades required, including but not limited to plastering, painting, wallpapering, carpentry, or flooring repair following the completion of Our electrical Services.
7. Cancellation by Consumers (The Cooling-Off Period)
7.1. If you are a Consumer and your Agreement is a Distance Contract or Off-Premises Contract, you have a statutory right to a 14-day “cooling-off period” under the Consumer Contracts Regulations 2013. This period begins the day after the contract is formed.
7.2. You may cancel the contract within this 14-day period for any reason and receive a full refund of any Deposit paid.
7.3. If you explicitly request that We begin providing the Services within the 14-day cooling-off period, you acknowledge that you will lose your right to cancel once the Services are fully completed. If you cancel after Services have begun but before completion, you must pay for the Services supplied up to the point of cancellation.
8. Cancellation by Business Customers
8.1. Business Customers do not benefit from a statutory cooling-off period. Once a Quotation is accepted, the Agreement is binding.
8.2. If a Business Customer wishes to cancel the Services, they must provide written notice. If cancellation occurs less than 14 days prior to the scheduled commencement of work, We reserve the right to charge a cancellation fee to cover administrative costs, materials ordered, and loss of scheduled work. Any Deposit paid may be retained to cover these losses.
9. General Liability
9.1. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.
9.2. Subject to Clause 9.1, We shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, or any indirect or consequential loss arising under or in connection with the Agreement.
10. Governing Law and Jurisdiction
10.1. These Terms and Conditions, and the relationship between you and Us, shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2. Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith, shall be subject to the exclusive jurisdiction of the courts of England and Wales.