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Service terms, policies and business conditions
These terms and conditions govern the provision of electrical safety testing services by Flexitest Ltd. By engaging our services, you agree to these terms which outline our commitments, your responsibilities, payment terms, liability provisions, and dispute resolution procedures. Please read these terms carefully before proceeding with any service booking.
Flexitest Ltd | 1 Perry Field Kents Green Tibberton Gloucester GL19 3AJ
The following expressions shall have the following meanings in these Terms and Conditions:
1.1. "Supplier" means Flexitest Ltd of 1 Perry Field Kents Green Tibberton Gloucester GL19 3AJ.
1.2. "Customer" means any person who purchases Services and/or Products from the Supplier.
1.3. "Consumer" means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft, or profession, as defined in the Consumer Rights Act 2015.
1.4. "Proposal" means the statement of work, quotation, or similar document describing the scope, pricing, and details of the Services and/or Products.
1.5. "Services" means the installation, maintenance, repair, and/or testing services (including EICRs) described in the Proposal, including any necessary materials.
1.6. "Products" means any goods or products supplied by the Supplier.
1.7. "Terms and Conditions" means these terms and conditions and any subsequent written amendments agreed upon.
1.8. "Order" means the formal acceptance by the Customer of the Proposal.
1.9. "Agreement" means the contract between Supplier and Customer incorporating these Terms and Conditions and the accepted Proposal.
1.10. "Price" means the total amount payable for the Services and/or Products as specified in the Proposal.
2.1.1. These Terms and Conditions apply alongside and do not affect the Customer's mandatory statutory rights under UK consumer law, including the Consumer Rights Act 2015 (CRA 2015) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013).
2.1.2. Consumers are entitled to Services performed with reasonable care and skill and Products that are as described, of satisfactory quality, and fit for purpose.
2.2.1. The Proposal remains valid for 30 days unless stated otherwise.
2.2.2. Acceptance of the Proposal by the Customer, confirmed in writing by the Supplier, forms the Agreement.
2.2.3. Any variation to the scope of the Services, Products, or these Terms and Conditions must be agreed upon in writing by the Supplier.
3.1.1. The Price quoted is as specified in the Proposal and includes any delivery or other charges outlined.
3.1.2. The Supplier reserves the right to vary the Price only in accordance with Clause 2.2.3 for agreed variations or unforeseen, necessary works.
3.2.1. Payment terms (including deposits or stage payments) will be as stated in the Proposal.
3.2.2. If any undisputed payment is overdue, the Supplier reserves the right to charge interest. The interest rate shall be a reasonable rate, currently 4 percent per annum above the base lending rate of Barclays Bank PLC.
3.2.3. The Supplier may recover reasonable expenses incurred in obtaining overdue payments.
3.2.4. The Customer is not entitled to withhold payment unless otherwise agreed in writing or entitled to do so by operation of law (e.g., in the case of a genuine, documented dispute).
4.1.1. If the Agreement is a distance or off-premises contract, a Consumer has a statutory right to cancel within 14 calendar days from the day after the Agreement is formed.
4.1.2. The seven-day cancellation period in Clause 4.2.1 only applies to Business Customers or to orders where the statutory 14-day Consumer period has expired or does not apply.
4.2.1. The Customer may cancel an Order by written notice within seven days of acceptance. Any payments made will be refunded subject to the deduction of a reasonable administration fee and costs for preparatory work already undertaken.
4.2.2. If the Customer cancels after the period specified in Clause 4.2.1, any deposit or payments made may be non-refundable, reflecting the Supplier's accrued costs and loss of profit.
4.3.1. Either party may terminate the Agreement for material breach after serving a written notice to the defaulting party and allowing a 30-day period for the breach to be remedied.
4.3.2. Termination rights are without prejudice to accrued rights and liabilities. In the event of termination, the Customer must immediately pay for all Services performed and expenses incurred up to the termination date.
5.1.1. The Supplier will provide Services and Products with reasonable skill, care, and in accordance with recognised codes of practice, including BS 7671 (The IET Wiring Regulations).
5.1.2. Delivery and completion times are estimates only. Delays shall not make time of the essence unless expressly agreed in writing, and the Supplier shall not be liable for reasonable delays.
5.2.1. The Customer shall provide safe, unhindered access, electricity, water, and toilet facilities for the Supplier to complete the work. This access must be provided within 48 hours of a request from the Supplier.
5.2.2. The Customer is responsible for applying for, obtaining, and meeting the cost of all necessary permits, permissions, and consents required to complete the Services.
5.2.3. The Customer must clear the immediate work area of all items, including sensitive equipment, prior to the Supplier's arrival.
5.3.1. The Supplier will carry out all electrical work, including testing, inspection, and Electrical Installation Condition Reports (EICRs), in accordance with current standards (e.g., BS 7671).
5.3.2. For all scheduled work and inspections, the Customer must ensure safe and unhindered access to all necessary areas at the agreed time.
5.3.3. If the Supplier attends the premises at the agreed time for scheduled work or testing and cannot gain access, the Customer will be charged a call-out fee of £99.50.
5.3.4. Any limitations in access or parts of the installation not inspected or worked on will be noted in the relevant documentation (e.g., Proposal, Certificate, or EICR).
5.4.1. The Supplier may suspend the Services if the Customer's obligations (Clause 5.2) remain unmet for more than 7 days after written notification, or if site conditions are deemed unsafe or unsuitable for continued work.
5.4.2. The Customer will be charged for any reasonable costs and expenses incurred by the Supplier during the period of suspension.
6.1.1. Installation Warranty: Installation work is warranted to be defect-free for 12 months from the completion date. This excludes damage caused by misuse, alteration by third parties, or normal wear and tear (e.g., lamps, fuses).
6.1.2. Product Warranty: Manufacturer warranties on supplied Products will be passed on to the Customer. The Supplier accepts no liability for the performance or duration of manufacturer-provided warranties.
6.1.3. Mitigation: The Customer must follow maintenance instructions and not misuse Products. Failure to adhere to proper use and maintenance may limit warranty coverage and Supplier liability for resulting damage.
6.2.1. The Supplier acknowledges that it cannot limit liability for death, personal injury caused by its negligence, or any statutory liability that cannot be legally excluded.
6.2.2. The Supplier's liability for direct losses arising from breach of contract or negligence shall not exceed the higher of the total Price paid or payable under the Agreement or £50,000.
6.2.3. Indirect and Consequential Loss: The Supplier shall not be liable for any indirect, consequential, or economic losses (e.g., loss of profit, loss of business, disruption) to the fullest extent permitted by law.
7.1. Supplier Obligations: The Supplier will hold all relevant certifications and registrations (e.g., Part P where applicable) and provide evidence on request. The Supplier will manage waste and maintain reasonable site cleanliness.
7.2. Assignment and Subcontracting: The Customer may not assign rights or obligations without the Supplier's written consent. The Supplier may subcontract work unless expressly agreed otherwise, remaining primarily responsible for the satisfactory completion of the work.
7.3. Intellectual Property: All intellectual property rights in designs, documentation, or materials supplied by the Supplier remain with the Supplier. The Customer is granted a limited, non-exclusive license to use such materials solely for the project purpose.
7.4. Data Protection (GDPR): The Supplier will process personal data in accordance with the UK GDPR and the Supplier's Privacy Policy.
7.5. Force Majeure: Neither party will be liable for failure or delay caused by events outside their reasonable control. Extensions to deadlines will be granted as necessary.
7.6. Notices: Notices may be delivered via email, post, or personal delivery to the addresses specified in the Proposal. Email notices are deemed received on the day of transmission unless a failure notification is received.
7.7. Severance: If any provision is deemed unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
7.8. Waiver: Failure by either party to enforce a provision does not waive future rights to do so.
8.1. This Agreement is governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
8.2. In the event of a dispute, the parties agree to first attempt resolution through good faith negotiation. If negotiation fails, the parties agree to consider mediation before commencing formal court proceedings.
V7
04-10-2025
Flexitest Ltd
1 Perry Field Kents Green Tibberton Gloucester GL19 3AJ
Registered in England & Wales | Company No. 07344798