Contract Terms & Conditions
The Parties
For the purposes of these Terms and Conditions, the “Purchaser” shall mean the party placing an order with PMS Electrical Services Limited. “PMS Electrical Services Limited” shall mean the Contractor undertaking the electrical installation and associated works described within the quotation, purchase order, or contract documentation. Where applicable, the “Principal Contract” shall mean the contract between the Purchaser and their employer, client or main contractor.
The Order
No contract shall arise until a written purchase order or written confirmation of acceptance of our quotation has been received by PMS Electrical Services Limited. PMS Electrical Services Limited shall only recognise and adopt terms of any Principal Contract where a full and complete copy has been provided prior to tender and expressly agreed in writing.
Subject to the agreed scope of works and any design responsibility expressly included within our quotation, PMS Electrical Services Limited shall supply, install, test, inspect, commission and certify the electrical installation works described in the contract documentation. Such works may include electrical containment systems, mains distribution, lighting and emergency lighting, small power installations, fire alarm systems, data and communication systems, and associated testing and certification in accordance with BS 7671 and current statutory requirements.
Unless specifically excluded within our quotation, PMS Electrical Services Limited shall provide all necessary labour, materials, plant, tools, temporary works, access equipment, transport, testing equipment and supervision required for completion of the works.
An instruction to commence works shall be deemed confirmation that the site and work areas are ready to receive our operatives. Where operatives attend site and works cannot proceed due to site readiness issues or other delays not attributable to PMS Electrical Services Limited, we reserve the right to charge abortive costs, labour and associated expenses at agreed or reasonable daywork rates.
Documentation, Discrepancies and Errors
Where PMS Electrical Services Limited identifies any discrepancy, omission or inconsistency within drawings, specifications or contract documentation that may affect statutory compliance, BS 7671 compliance, programme or cost, we shall notify the Purchaser in writing. Any instruction issued in response which alters the scope, specification or sequence of works shall be treated as a Variation unless such discrepancy arises from our own design responsibility where applicable.
Sub-Contract Works
The Sub-Contract Works shall include all permanent and temporary electrical installation works necessary for completion of the agreed scope unless expressly excluded within our quotation. PMS Electrical Services Limited reserves the right to appoint specialist sub-contractors where necessary for elements such as commissioning, fire alarm programming or specialist testing.
Risk in the works shall pass in accordance with the agreed contract terms.
Contract Sum
The Contract Sum shall be as stated in our quotation and confirmed by purchase order. Unless expressly stated otherwise, the Contract Sum includes labour, materials, standard travel, testing and certification, and waste removal arising from our works. Parking charges, access equipment beyond standard provision, or site-specific costs not known at tender stage may be treated as additional costs unless expressly included.
Variations
No variation shall be undertaken without written instruction from the Purchaser. Variations shall include additions, omissions, changes in specification, acceleration, out-of-hours working or changes in sequence. PMS Electrical Services Limited shall provide cost and programme implications where reasonably practicable prior to commencement of varied works.
Where works are instructed on a daywork or time and materials basis, signed records must be confirmed within 72 hours. PMS Electrical Services Limited shall not be responsible for programme delay arising from failure by the Purchaser to approve variation costs in a timely manner.
Attendance and Site Requirements
The Purchaser shall provide safe and unobstructed access to all work areas together with suitable site conditions to enable PMS Electrical Services Limited to carry out the works safely and efficiently. Unless otherwise agreed in writing, the Purchaser shall be responsible for all builder’s works including chasing, penetrations, coring, fire stopping (unless specifically included), and making good.
Where temporary lighting is required, PMS Electrical Services Limited shall provide this only where expressly included within our quotation; otherwise, the Purchaser shall ensure adequate lighting is available in accordance with current Health and Safety legislation. Any additional requirement for temporary lighting shall be treated as a Variation.
The Purchaser shall provide and maintain welfare facilities in accordance with CDM Regulations (2015), including suitable toilet and washing facilities, drinking water, rest areas, and changing/storage facilities for PPE, available for the duration of our works.
Failure to provide the above may result in additional charges, suspension of works, and/or an extension of time.
Design Responsibility
Where design services are expressly included within our quotation, PMS Electrical Services Limited shall exercise reasonable skill and care in accordance with normal industry standards, BS 7671, and all applicable statutory regulations. PMS Electrical Services Limited is suitably qualified to undertake electrical design and verification and holds City & Guilds 2396 (Design and Verification of Electrical Installations) accreditation.
Design liability shall be limited to the standard of reasonable skill and care and shall not extend to any fitness for purpose obligation unless expressly agreed in writing.
Working Hours
Normal (day) working hours shall be Monday to Friday, excluding Bank Holidays. Where overtime or weekend working is required due to programme changes, acceleration or delays not attributable to PMS Electrical Services Limited, such works shall be charged at agreed enhanced rates.
Commencement, Completion and Delay
Commencement and completion dates shall be as agreed in writing. PMS Electrical Services Limited shall be entitled to a reasonable extension of time and recovery of associated costs where delay arises due to Purchaser instructions, site readiness issues, acts or omissions of other trades, variations, suspension, or events beyond our reasonable control.
Where suspension of works occurs and is not due to default by PMS Electrical Services Limited, we shall be entitled to recover reasonable demobilisation and remobilisation costs, storage costs and associated overheads.
Protection and Damage
Protection of existing finishes, decorations, fixtures and property shall be the responsibility of the Purchaser unless specifically included within our scope. PMS Electrical Services Limited shall only be liable for damage directly caused by proven negligence.
Testing, Certification and Documentation
Upon completion, PMS Electrical Services Limited shall provide relevant Electrical Installation Certificates and schedules of test results as required under BS 7671. Operation and Maintenance manuals and as-built drawings shall be provided where upon completion of our works. Hard copy documentation can be provided upon request from the purahcser.
Applications and Final Account
Where works exceed thirty days in duration, interim applications for payment shall be submitted monthly unless otherwise agreed. A final account shall be submitted within one month of Practical Completion to enable agreement of the final contract sum.
Payment
Payment terms shall be strictly 30 days from the end of the month in which the invoice is issued, unless otherwise agreed in writing. Payment shall not be conditional upon payment being received by the Purchaser from any third party.
Interest on overdue sums shall accrue at 8% above the Bank of England base rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended). PMS Electrical Services Limited reserves the statutory right to suspend works upon not less than seven days’ written notice for non-payment of notified sums.
Retention shall not be deducted unless expressly agreed in writing prior to commencement of works and subject to agreed percentage and release terms.
The defects liability period shall be twelve months from Practical Completion unless otherwise agreed in writing.
Title to Goods
Ownership of materials supplied by PMS Electrical Services Limited shall remain with PMS Electrical Services Limited until full payment of all outstanding sums has been received. We reserve the right to recover goods or materials in the event of non-payment.
Insurance
PMS Electrical Services Limited maintains the following insurance cover:
Employers’ Liability
£10,000,000
Public Liability
£10,000,000
Products Liability
£10,000,000
Efficacy (Products) Liability
£5,000,000
Professional Indemnity (where applicable)
To be agreed per project
Applies where design services are provided and expressly agreed in scope.
Where design responsibility applies, Professional Indemnity Insurance shall be maintained where required and where expressly agreed within the scope of services.
Copies of insurance certificates are available upon request.
Health and Safety
PMS Electrical Services Limited shall comply with all relevant Health and Safety legislation including the Construction (Design and Management) Regulations 2015 and the Electricity at Work Regulations 1989. Risk Assessments and Method Statements shall be provided once an order has been received.
Dispute Resolution
For all electrical fit-out, shopfitting, and commercial fit-out works, any dispute between the parties shall in the first instance be referred to senior management for review and resolution in good faith. If the dispute cannot be resolved at management level, it may be referred to adjudication in accordance with the Housing Grants, Construction and Regeneration Act 1996. The governing law for all contracts and disputes shall be the law of England and Wales.
This ensures disputes are addressed promptly while preserving statutory rights under UK construction law.
Force Majeure
PMS Electrical Services Limited shall not be liable for delay or failure to perform due to events beyond our reasonable control including but not limited to supply chain disruption, industrial action, government restrictions, extreme weather or other force majeure events.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties and supersede all prior discussions, representations or agreements unless expressly incorporated in writing.
By issuing a purchase order, whether verbal or written, the Purchaser confirms acceptance of these Terms and Conditions.