These General Terms and Conditions are the standard terms which apply to the provision of MODE works by MODE Limited to customers who require electrical works to be provided at their home. Please read them carefully and ensure that you understand and agree to them. If you have any questions, please contact us.
These General Terms and Conditions apply where the customer is a “Consumer” as defined by the Supply of Goods & Services (Jersey) Law 2009.
1. Definitions and Interpretation
1.1 In these General Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreed Times” means the times which You and We agree for the Electrician to have access to the Property to complete the Job;
“Agreement” means the contract into which You and We will enter if You accept the Quotation. The Agreement will incorporate, and be subject to, these General Terms and Conditions.;
“Business” means any business, trade, craft or profession carried on by You or any other person or organisation;
“Consumer” means a “consumer” as defined by the Supply of Goods & Services (Jersey) Law 2009, and in relation to these General Terms and Conditions means an individual customer of MODE LIMITED who receives the MODE works for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Deposit” means the deposit You may be required to pay in accordance with Clause 5;
“Electrician” means Us or Our employee who will be responsible for providing the MODE Works;
“Final Fee” means the total of all sums You must pay which will be shown on the invoice issued in accordance with Clause 6;
“Job” means the complete performance of the MODE Works;
“Model Cancellation Form” means the model cancellation form attached as Schedule 1;
“Order” means Your initial request for Us to provide the MODE Works as set out in Clause 4;
“Products” means the products required for the provision of the MODE Works which We will supply (if any) as specified in the Agreement;
“Property” means Your home, as detailed in the Order and the Agreement, at which the Job is to take place;
“Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the fees We will charge;
“Quoted Fee” means the fee set out in the Quotation which may change according to the actual work undertaken as set out in Clause 6 of these General Terms and Conditions;
“Start Date” means the date You and We agree on for Us to start providing the MODE Works as specified in the Agreement;
“UEC Works” means either (or any combination of) the goods, works, services or Products that We will provide as specified in the Agreement;
“Visit” means any occasion, scheduled or otherwise, on which the Electrician visits the Property to provide the MODE Works;
“We/Us/Our” means MODE and includes all employees, agents and sub-contractors of MODE; and
“You/Your” means a Consumer who is a customer of MODE.
1.2 Each reference in these General Terms and Conditions to “writing”, and any similar expression,
Includes electronic communications whether sent by e-mail, fax or other means.
1.3 Each 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 Each reference to “these General Terms and Conditions” is a reference to these General Terms and
Conditions.
1.5 Each reference to a Schedule is a reference to a schedule to these General Terms and Conditions.
1.6 The headings used in these General Terms and Conditions are for convenience only and do not
affect the interpretation of these General Terms and Conditions.
1.7 Words signifying the singular number will include the plural and vice versa.
1.8 References to any gender will include any other gender.
1.9 References to persons, unless the context otherwise requires, include corporations.
2. Information about Us
2.1 We are a private limited company.
2.2 We are registered in Jersey; Channel Islands and our Registration Number is 134709 Our GST number is 0115205.
2.3 We are registered with a recognised and authorised self-certification scheme. We will ensure that any sub-contractors We use are also registered in this way.
3. Communication and Contact Details
3.1 If You wish to contact Us with questions or complaints, you may contact Us by telephone at 07797762963 or by email at hello@mode.je
3.2 In certain circumstances You must contact Us in writing (as stated in various Clauses throughout
these General Terms and Conditions). When contacting Us in writing You may use the following
methods:
3.2.1 contact Us by email at hello@mode.je; or
3.2.2 contact Us by post at Mode Limited, 18 Abbotsmount, St Jonhs Road, St. Helier, Jersey JE2 3LA.
4. Orders
4.1 We accept orders for the MODE Works via telephone, email and writing.
4.2 When placing an Order You should set out, in detail, the MODE Works required. Details required
include the location and size of the Property, the number and type of rooms in which work is required
and the type(s) of work required (e.g. wiring, installation of appliances etc.). We will provide You with
an order form containing prompts for all required information.All such details are set out in the
Agreement;
4.3 Once the Order is complete and submitted, We will prepare a Quotation and send it to You either by
email or first class post. The Quotation will set out the required Deposit (if applicable) and fee (see
Clauses 5 and 6).
4.4 If We cannot accept your Order, We will inform you of this in writing.
4.5 You may make changes to the Order and Quotation before accepting it.
4.6 You may accept a Quotation by signing and dating a copy of it and returning it to Us within 30 after
the date We issue the Quotation.
4.7 When (but not before) You have returned the Quotation, signed and dated, and You have paid the
Deposit, a legally binding contract between You and Us will be created for Us to provide the MODE
Works and for You to pay for them. We will then attach the signed Agreement and complete any
blanks in the Agreement in accordance with the Quotation.
4.8 If you wish to change your Order after accepting the Quotation, please contact Us and We will tell
you whether or not the change can be accommodated, along with any changes to the fees payable
as a result. If we cannot accommodate the changes or the changes to the fees or other matters are
not acceptable to you, you may cancel in accordance with Clause 13.
5. Deposit
5.1 At the time of accepting the Quotation or not more than 7 days thereafter, depending on the nature
of the work and any specialist Products required in advance, You may be required to pay Us a
Deposit. The Deposit will be not more than 50%. We will not confirm an Order until the Deposit is
paid in full.
5.2 If you cancel the MODE Works, We may retain some or all of the Deposit as set out in Clauses 13 &
14
6. Fees and Payment
6.1 The Quoted Fee will include the price payable for the MODE Works and for the estimated Products
required.
6.2 We will where reasonably possible use only the Products (and quantities of Products) set out in the
Quotation and the Agreement; however if additional Products are required We will adjust the Final
Fee to reflect this. We will keep any increases to a necessary minimum, will keep You informed at
all times, and will not proceed without your agreement.
6.3 If the price of Products or services increases during the period between Your acceptance of the
Quotation and the Start Date, We will inform You of the increase and of any difference in the Final
Fee. If You do not wish to accept the increase, You may cancel and receive a full refund of all sums
paid including, where applicable, the Deposit.
6.4 The Quoted Fee and the Final Fee are inclusive of GST. If the rate of GST changes We will adjust
the amount of VAT that You must pay.
6.5 We will invoice You when the Job has been completed.
6.6 You must pay any invoice within 14 of receiving it.
6.7 We accept the following methods of payment:
6.7.1 All Invoices must be disputed within 14 days or receipt.
6.7.2 direct bank transfer; and
6.7.3 cheque;
6.8 If You do not pay an invoice by the due date We may charge You interest on the overdue sum at the
rate of 4% above the base rate of Bank of England from time to time until payment is made in full.
Interest will accrue on a daily basis from the due date until the actual date of payment, whether before
or after judgment.
6.9 If You have promptly contacted Us to dispute an invoice in good faith, We will not charge interest
while such a dispute is ongoing.
7. Providing the MODE Works
7.1 We will provide the MODE Works in accordance with the specification set out in the accepted Quotation and in the Agreement (as may be amended by agreement between You and Us from time to time).
7.2 We may provide sketches, plans, diagrams or similar documents in advance of the Job. Any such
material is intended for illustrative purposes only and is not intended to provide an exact specification
of the Job nor to guarantee specific results. Unless We have expressly stated to do so within the
Quotation, We do not provide You with a design service and You accept that We do not have a
liability for any design either provided by You or provided by others acting on behalf of You.
7.3 We will use reasonable endeavours to ensure that the Products We use match those chosen by You
and are consistent throughout the Property (or relevant parts of the Property). There may be slight
variations to the same Products as a result of differences between photographs, catalogues and
other materials, and the Products themselves, or as a result of minor technical changes which will
not impact your use of the Product in question. Product packaging may also vary. If different Products
are required due to non-availability, We will not supply them without consulting with You first, in
advance of the Job. If You do not wish to accept the alternative Products, You may cancel and
receive a full refund of all sums paid including, where applicable, the Deposit.
7.4 We will ensure that the MODE Works are performed with reasonable care and skill and to a reasonable
standard which is consistent with best trade practice.
7.5 We will ensure that We comply with all relevant codes of practice.
7.6 We will properly dispose of all waste that results from Our provision of the MODE Works.
7.7 Where a Job is to last for more than one working day, the Electrician will where reasonably possible
leave the Property in a clean and tidy state and minimise any disruption to Your use and enjoyment
of the Property while work is being carried out. We will wherever possible store all tools and materials
only in areas where work is being carried out or remove them from the Property at the end of each
working day.
8. Faulty Products
8.1 If any Products are supplied in the course of Us providing the MODE Works, and You discover a defect
with one or more of those Products or if the Product or Products have been incorrectly described,
You should inform Us using the contact details above in Clause 3.
8.2 Within the first 30 calendar days, You are entitled, at Your option, to a full refund, to keep the
Product(s) at a reduced price, or to a repair or replacement.
8.3 After the first 30 calendar days, and for the first six months, We will, at Our option, repair or replace
any defective Products or, if a repair or replacement is not practicable or possible, or if a repair or
replacement is unsuccessful, You are entitled to a full refund. Alternatively, You may keep the
Product(s) at a reduced price. This right may not apply if We can prove that the defect has been
caused deliberately or negligently by You, or as a result of Your failure to follow instructions given by
the Electrician or as included with the Product.
8.4 After the first six months, if any Product develops a fault, You must prove that the Product in question
was faulty at the time We supplied it and You took ownership of it. You may be entitled to a repair or
replacement, or to a partial refund for up to six years depending upon the nature of the Product and
how long it can reasonably be expected to last.
9. Problems with Our Service
9.1 If there is a problem with the result of the MODE Works, i.e. they have not been provided with
reasonable care and skill, You are entitled to ask Us to repeat or fix the service, or to get a price
reduction if this is not possible.
9.2 We always use reasonable efforts to ensure that Our provision of the MODE Works is trouble-free. If,
however, there is a problem with the MODE Works We request that You inform Us as soon as is
reasonably possible. We will use reasonable efforts to remedy problems with the MODE Works as
quickly as is reasonably possible and practical.
9.3 We will not charge You for remedying problems under this Clause 9 where the problems have been
caused by Us. If We determine that a problem has been caused by incorrect or incomplete
information or action provided or taken by You, We may charge You for remedial work.
9.4 As a consumer, You have certain legal rights with respect to the purchase of goods or services. For
full details of your legal rights and guidance on exercising them, it is recommended that You contact
your local Citizens Advice Bureau or Trading Standards Office.
9.5 If We do not perform the MODE Works with reasonable skill and care, You have the right to request
repeat performance or, if that is not possible or done within a reasonable time without inconvenience
to You, You have the right to a reduction in price.
9.6 If the MODE Works are not performed in line with information that We have provided about them, You
also have the right to request repeat performance or, if that is not possible or done within a
reasonable time without inconvenience to You (or if Our breach concerns information about Us that
does not relate to the performance of the MODE Works), You have the right to a reduction in price.
9.7 If for any reason We are required to repeat the MODE Works in accordance with Your legal rights, We
will not charge You for the same and We will bear any and all costs of such repeat performance. In
cases where a price reduction applies, this may be any sum up to the full fees payable for the Job
and, where You have already made payment(s) to Us, may result in a full or partial refund. Any such
refunds will be issued without undue delay (and in any event within 14 calendar days starting on the
date on which We agree that You are entitled to the refund) and made via the same payment method
originally used by You unless You request an alternative method
10. Your Obligations
10.1 If any consents, licences or other permissions are needed from any third parties such as landlords,
planning authorities, local authorities or similar, You must obtain them before We begin to provide
the MODE Works.
10.2 We may ask you to move or remove certain furniture, fixtures and fittings in the Property before we
begin work. Unless You and We specifically agree otherwise, this is Your responsibility.
10.3 You will ensure that the Electrician can access the Property at the Agreed Times to provide the MODE
Works.
10.4 You may either give the Electrician a set of keys to the Property or be present at the Agreed Times
to give the Electrician access. We promise that all keys will be kept safely and securely by the
Electrician.
10.5 If You do not provide the required access to the Property or make it impossible for Us to provide the
MODE Works by failing to comply with any other provision in this Clause 10, and do not have a good
reason for this, We may invoice you for any additional charges incurred as a result.
10.6 You must ensure that the Electrician has access to electrical outlets and a supply of hot and cold
running water.
11. Complaints and Feedback
11.1 We always welcome feedback from Our customers and, while We always use all reasonable
endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless
want to hear from You if You have any cause for complaint.
11.2 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the
following ways:
11.2.1 In writing, addressed to the Managing Director of MODE;
11.2.2 By email, addressed to the Managing Director of MODE via hello@mode.je
12. Changing the Start Date
12.1 If You ask Us to change the Start Date:
12.1.1 We will where reasonably possible agree a revised Start Date with You;
12.1.2 If it is not possible to agree a revised Start Date either You or We may terminate the
Agreement (see Clause 14).
12.2 If We ask You to change the Start Date, You may either:
12.2.1 agree a revised Start Date with Us; or
12.2.2 terminate the Agreement (see Clause 14).
13. Cancellation
13.1 You may terminate the Agreement (i.e., cancel the Job) at any time before the Start Date (if relevant):
13.1.1 If You cancel the Job more than 14 calendar days before the Start Date, We will
refund the Deposit, if applicable, and any other sums paid as soon as is reasonably
possible, and in any event within 14 calendar days of cancellation.
13.1.2 If You cancel the Job less than 14 calendar days before the Start Date, We will retain
from the Deposit, if applicable, a sum to cover any net financial loss that We suffer
due to the cancellation. We will refund the balance of the Deposit to You as soon as
is reasonably possible, and in any event within 14 calendar days of cancellation. If
Our net financial loss is more than the amount of the Deposit (and/or if no Deposit
has been paid), We will invoice You for the shortfall and You will be required to make
payment in accordance with Clause 6.
13.2 We may need to terminate the Agreement before the Start Date due to the unavailability of required
personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If
such cancellation is necessary, We will inform You as soon as is reasonably possible. We will refund
the Deposit, if applicable, and any other sums paid as soon as is reasonably possible, and in any
event within 14 calendar days of termination.
14. Termination
14.1 You may terminate the Agreement with immediate effect at any time by giving Us written notice if:
14.1.1 We have breached the Agreement in any material way and have failed to remedy
that breach within 14 days of You asking Us in writing to do so;
14.1.2 We enter into liquidation or have an administrator or receiver appointed over Our
assets;
14.1.3 You and We have been unable to agree a revised Start Date or You elect to
terminate the Agreement under Clause 12;
14.1.4 We are unable to provide the MODE Works due to an event outside of Our control
(see Clause 16).
14.2 We may terminate the Agreement with immediate effect by giving You written notice if:
14.2.1 You fail to make a payment on time as required under Clause 6 (this does not affect
Our right to charge interest on overdue sums under sub-Clause 6.8);
14.2.2 You have breached the Agreement in any material way and have failed to remedy
that breach within 14 days of Us asking You in writing to do so; or
14.2.3 You and We have been unable to agree a revised Start Date under Clause 12;
14.2.4 You do not provide the Electrician with access to the Property or otherwise make it
impossible for the Electrician to provide the MODE Works, and We have been unable
to contact You to re-arrange the MODE Works under sub-Clause 10.5;
14.2.5 We have been unable to provide the MODE Works for more than four weeks due to
an event outside of Our control (see Clause 16).
14.3 For the purposes of this Clause 14 a breach of the Agreement will be considered ‘material’ if it is not
minimal or trivial in its consequences to the terminating Party. In deciding whether or not a breach is
material no regard will be had to whether it was caused by any accident, mishap, mistake or
misunderstanding.
14.4 If at the termination date:
14.4.1 You have made any payment to Us (including, but not limited to, the Deposit, where
applicable) for any the MODE Works We have not yet provided, these sums will be
refunded to You as soon as is reasonably possible, and in any event within 14
calendar days of the termination notice. We may, however, deduct from such a
refund (or charge You) reasonable compensation for the net costs We will incur as
a result of your breaking the Agreement if We terminate it under sub-Clauses 14.2.1, 14.2.2, or 14.2.4;
14.4.2 We have provided the MODE Works that You have not yet paid for, the sums due will
be deducted from any refund due to You or, if no refund is due, We will invoice You
for those sums and You will be required to make payment in accordance with Clause
6.
15. Effects of Termination
15.1 If the Agreement is terminated for any reason:
15.1.1 Any Clauses which, either expressly or by their nature, relate to the period after the
expiry or termination of the Agreement will remain in full force and effect.
15.1.2 Termination will not remove or reduce any right to damages or other remedy which
either You or We may have in respect of any breach of the Agreement which exist
at or before the date of termination.
16. Events Outside of Our Control (Force Majeure)
16.1 We will not be liable for any failure or delay in performing Our obligations under these General Terms
and Conditions where the failure or delay results from any cause that is beyond Our reasonable
control. Such causes include, but are not limited to: power failure, internet service provider failure,
strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion,
flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war
(declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster,
or any other event that is beyond Our reasonable control.
16.2 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance
of any of Our obligations under these General Terms and Conditions:
16.2.1 We will inform You as soon as is reasonably possible;
16.2.2 Our obligations under the Agreement will be suspended and any time limits that We
are bound by will be extended accordingly;
16.2.3 We will inform You when the event outside of Our control is over and provide details
of any new dates, times or availability of the MODE Works as necessary;
16.2.4 You or We may terminate the Agreement (see Clause 14).
17. Liability
17.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our
breach of these General Terms and Conditions or as a result of Our negligence. Loss or damage is
foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by
You and Us when the Agreement is entered into. We will not be responsible for any loss or damage
that is not foreseeable.
17.2 We will maintain suitable and valid insurance including public liability insurance.
17.3 We provide the MODE Works for domestic and private purposes only. We make no warranty or
representation that the Services are fit for commercial, business or industrial purposes of any kind.
We will not be liable to You for any loss of profit, loss of business, interruption to business or for any
loss of business opportunity.
17.4 If We cause any damage to the Property, We will make good that damage at no additional cost to
You. We are not responsible for any pre-existing faults or damage in or to Your property that We
may discover while providing the MODE Works.
17.5 We are not liable for any loss or damage You suffer which results from Your failure to follow any
reasonable instructions given by Us or the Electrician.
17.6 Nothing in these General Terms and Conditions is intended to or will limit or exclude Our liability for
death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
17.7 Nothing in these General Terms and Conditions is intended to or will limit Your legal rights as a
Consumer under any consumer protection legislation. For more details of Your legal rights please
refer to the Citizens Advice Bureau or Trading Standards.
18. How We Use Your Personal Data (Data Protection)
We will only use Your personal data as set out in Our Privacy Policy.
19. Other Important Terms
19.1 We may from time to time change these General Terms and Conditions without giving You notice,
but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any
such changes.
19.2 We may transfer (assign) Our obligations and rights under the Agreement to a third party (this may
happen, for example, if We sell Our business). If this occurs We will inform You in writing. Your
rights under the Agreement will not be affected and Our obligations under the Agreement will be
transferred to the third party who will remain bound by them.
19.3 You may not transfer (assign) Your obligations and rights under the Agreement without Our express
written permission (such permission not to be unreasonably withheld).
19.4 The Agreement is between You and Us. It is not intended to benefit any other person or third party
in any way and no such person or party will be entitled to enforce any provision of the Agreement.
19.5 If any provision of the Agreement or these General Terms and Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the
Agreement or these General Terms and Conditions and the remainder of the provision in question
will not be affected.
19.6 No failure or delay by Us or You in exercising any rights under the Agreement means that We or You
have waived that right, and no waiver by Us or You of a breach of any provision of the Agreement
means that We or You will waive any subsequent breach of the same or any other provision.
20. Law and Jurisdiction
20.1 These General Terms and Conditions, the Agreement, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by and construed in accordance with the laws
of Jersey.
20.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of
residence.
20.3 Any dispute, controversy, proceedings or claim between you and Us relating to these General Terms
and Conditions, the Agreement, or the relationship between you and Us (whether contractual or
otherwise) shall be subject to the jurisdiction of the courts of Jersey.