These terms and conditions apply to the use of this website (the “Website”). Please read these terms and conditions carefully. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. Cinco Electrical Solutions may suspend your use of this site immediately if you do not comply with these terms and conditions.

The Website is communicated by and is the property of Cinco Electrical Solutions, and all the material on this Website is subject to copyright with all rights reserved.

Users may not link any other website to the Website without obtaining the prior written consent of Cinco Electrical Solutions. Users must also not use the Website in a way which causes or may cause:

1. The Website or the service offered to be interrupted, damaged or impaired;
   offence or detriment to any other person who uses the Website or any services offered;
2. Cinco Electrical Solutions, you or any other user of the Website to be in breach of applicable law or regulation;
3. Detriment to any person who supplies services to Cinco Electrical Solutions in connection with the Website.

Access to the Website is not open to persons resident in, or citizens of, any territory outside of the United Kingdom where to allow such access would require any registration, filing, application for any license or approval or other steps to be taken by Cinco Electrical Solutions in order to comply with local laws or other regulatory requirements in such overseas territory. We make no representation that any material contained on this Website is appropriate for any jurisdiction other than the United Kingdom. The server on which this Website is maintained is located in England and the information delivered via the site is deemed to have been delivered in England.

The Website is for informational purposes only. Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction, and must not be relied upon in connection with any investment decision.

The information on the Website, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services, but is for information purposes only.

No warranty, condition or undertaking or term, either express or implied, is given that the information or opinions contained in this website are accurate, reliable or complete or as to the freedom of this site from defects, viruses, malicious programs or macro or as to the appropriateness of the content of the Website for any use which the recipient may choose to make of it. The information published on the Website is provided as a convenience to visitors and should be used for informational purposes only and is subject to change without notice. If you require additional information, you should contact appropriate Cinco Electrical Solutions personnel.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THE WEBSITE AND ALL THE INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to the Website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any direct, special, consequential or indirect or punitive damages, losses, costs or expenses and any loss of profit incurred by you, whether arising in tort, contract or otherwise, and arising out of or in connection with your access to or use of, or inability to use, the Website or use of any material on the Website even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this Website by unauthorised third parties.

In addition, any software which may be offered by the site from time to time is downloaded at your own risk. If you are in any doubt as to the suitability of this software for your computer, it is recommended that you obtain specialist advice before downloading it.

We provide no warranty that the Website will be available at any time. We will attempt to correct all faults as soon as we reasonably can. Cinco Electrical Solutions makes no representations or warranties in particular as to the accuracy, currency or completeness of any information contained on the Website and may change the information at any time without notice.

The content of the Website is subject to copyright with all rights reserved. The copyright and all other rights in all of the material on the Website (including without limitation the screen displays, the content, the text, graphics and look and feel of the site) are owned by Cinco Electrical Solutions and its licensors.

You may download or print out a hard copy of such individual pages and/or sections of the Website as you may reasonably require provided that this is for private, non-commercial or domestic use only and that you do not remove any copyright or other proprietary notices.

Any downloading or other copying from the Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without our prior written permission.

Any unauthorised reproduction or use of the Website or the information presented therein may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.

The Website may contain links to or from other websites over which Cinco Electrical Solutions has no control. These linked sites are for your convenience only and you access them at your own risk. We are not responsible for the content of any linked sites. We do not in any way endorse the linked sites. Links to the Website may not be included in any other website without the prior written consent of Cinco Electrical Solutions. We will not be responsible for the content of any advertising that may appear on our site nor for its compliance with any applicable laws or regulations.

You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

No representation, warranty or guarantee or any kind, express or implied, is given by Cinco Electrical Solutions.

While we use reasonable endeavours to obtain information from sources which we believe to be reliable and to ensure that the information on the Website is up to date and accurate, Cinco Electrical Solutions makes no representation or warranty that the information or opinions contained on the Website are accurate, reliable or complete. The information and opinions contained on the Website are provided by Cinco Electrical Solutions for personal use and for informational purposes only. You are solely liable for any use you may make of this information. Cinco Electrical Solutions makes no representation, warranty, condition, undertaking or term, whether express or implied, as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness or freedom from viruses of the content contained on the Website or that such content will be accurate, up to date, uninterrupted or error fee. Whilst we take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which Cinco Electrical Solutions accepts no responsibility.

Changes are periodically made to the information on the Website and to these terms and conditions and these changes will be incorporated in new editions of this site. Cinco Electrical Solutions reserves the right to alter or amend any information set out in the Website and these terms and conditions without notice. If you use the Website after Cinco Electrical Solutions has posted the changes, you will be bound by the new terms. You should therefore ensure that you read the terms and conditions each time you use the Website.

Cinco Electrical Solutions does not give persons accessing the Website permission to use any trade mark contained in the Website. Unauthorised use may constitute an infringement of the relevant owner’s rights.

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable whilst preserving their intent or, if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions in any other jurisdiction and the validity of the part(s) in question shall not be affected thereby.

These terms and conditions, your use of the Website, and all matters connected with them (whether contractual or non-contractual) are governed by and shall be construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. If you access the Website from outside the UK you are responsible for ensuring compliance with any local laws relating to access.

The following expressions shall have the following meanings:

1.1 ‘Supplier’ means Cinco Electrical Solutions Limited of 13 Coleshill Street, Sutton Coldfield, B72 1SD.

1.2 ‘Customer’ means any person who purchases Services and/or Products from the Supplier.

1.3 ‘Proposal’ means a statement of work, quotation or other similar document describing the Services and/or the Products.

1.4 ‘Services’ means the services as described in the Proposal and includes any materials required to complete the work.

1.5 ‘Products’ means any products supplied by the Supplier to the Customer.

1.6 ‘Terms and Conditions’ means the terms and conditions of supply of Services and/or Products set out in this document and any subsequent terms and conditions agreed in writing by the Supplier.

1.7 ‘Order’ means the formal acceptance by the Customer of the Proposal.

1.8 ‘Agreement’ means the contract between the Supplier and the Customer for the provision of the Services and/or Products incorporating these Terms and Conditions.

1.9 ‘Intellectual Property Rights’ means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for.

1.10 ‘Adjudicator’ is the party nominated to resolve a dispute between the Customer and the Supplier.

2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services and/or Products by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.

2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services and/or Products, by virtue of any statute, law or regulation.

3.1 The Proposal for Services and/or Products shall provide a URL link to these Terms and Conditions.

3.2 The Proposal for Services and/or Products shall remain valid for a period of 30 days unless otherwise stated within our proposal document/quotation.

3.3 The Proposal must be accepted by the Customer in its entirety.

3.4 The Customer shall be deemed to have accepted the Proposal by placing an Order with the Supplier.

3.5 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms an Order in writing to the Customer. Prior to any confirmation the Supplier has the right to refuse any Order.

4.1 The Services and/or Products are as described in the Proposal.

4.2 Any variation to the Services and/or Products must be agreed by the Supplier in writing.

4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the Supplier are for the sole purpose of giving an approximate idea of the Products and/or Services and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.

4.4 The Services and/or Products will be delivered between the hours of 0800 and 1630 on Monday to Friday. The Supplier may vary these times by intimating in writing details of the change to the Customer.

4.5 Dates given for the delivery of Services and/or Products are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.

5.1 The price for Services and/or Products is as specified in the Proposal and is exclusive of VAT.

5.2 The price for any materials required to complete the Services is as specified in the Proposal.

5.3 The terms for payment are as specified in the Proposal.

5.4 The Customer must settle all payments for Services and/or Products within a period of 30 days from the invoice date.

5.5 The Customer will pay interest on all late payments at a rate of 20% per annum above the base lending rate of the Bank of England.

5.6 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.

5.7 The Customer is not entitled to withhold any monies due to the Supplier unless appropriate notice of not less than 7 days prior to the payment date is given. The amount to be withheld and the reasons must be clearly specified.

5.8 The Supplier is entitled to vary the price to take account of:

5.8.1 any additional Services and/or Products requested by the Customer which were not included in the original Proposal;

5.8.2 any increase in the cost of materials;

5.8.3 any additional work required to complete the Services which was not anticipated at the time of the Proposal; and any variation must be intimated to the Customer in writing by the Supplier.

6.1 The Customer will provide access to the Supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the Supplier.

6.2 The Customer will provide electricity, water and toilet facilities to the Supplier for the purpose of completing the Services.

6.3 The Customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.

6.4 The Customer will take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any equipment stored on site.

6.5 The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.

7.1 The Supplier shall supply the Services and/or Products as specified in the Proposal.

7.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.

7.3 The Supplier shall comply with all relevant health and safety regulations.

7.4 The Supplier shall be registered with the appropriate organisation for the purpose of self-certification or notify building control to arrange for an inspection of the work carried out if so required to do so in terms of the relevant building regulations.

7.5 In addition to the undertakings specified in Clause 7.4 the Supplier shall ensure that all necessary licences and permissions required to provide the Services and/or Products are current including but not limited to licences.

7.6 The Supplier shall be responsible for all waste management and disposal required in the course of providing the Services and/or Products.

7.7 The Supplier shall hold valid employer and public liability insurance policies.

8.1 The Customer may request to cancel an Order for Services and/or Products in writing within 5 working days of placing an Order.  Acceptance of the cancellation is at the sole discretion of the Supplier.  An administration charge of 5% may be applied as determined by the Supplier.

The Customer shall inspect the Products and/or the Services on delivery and notify the Supplier of any damaged, missing or defective items or work within 7 days from the date of delivery.

10.1 The Supplier guarantees that the Services and/or Products will be free from defects in materials and/or workmanship for a period of 1 year from the date that the Services and/or Products were supplied.

10.2 Clause 10.1 does not apply:

10.2.1 if a fault arises due to any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Services and/or Products after risk has passed to the Customer;

10.2.2 if a fault arises due to wilful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.

10.3 If the Services and/or Products are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at their sole discretion, either repair, re-perform or replace the Services and/or Products or refund any monies paid for the defective Services and/or Products.

10.4 If the Customer has not paid for the Services and/or Products in full by the date the defect in Services and/or Products is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Clause 10.

11.1 Risk in the Products or in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the Products or property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.

11.2 Adequate insurance should be held by both parties to protect the Products or any property or materials that are within their care.

11.3 Title or ownership of any property or materials belonging to the Supplier remains with the Supplier until payment is received from the Customer in full.

11.4 The Customer must store any property or materials belonging to the Supplier separately from any other property or materials belonging to the Customer or a third party.

12.1 The Agreement shall continue until the Services and/or Products have been provided in terms of the Proposal or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

12.2 The Customer may terminate the Agreement if the Supplier fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.

12.3 The Supplier may terminate the Agreement if the Customer has failed to make over any payment due within 8 weeks of the sum being requested.

12.4 Either party may terminate the Agreement by notice in writing to the other if:

12.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or 12.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

12.4.4 the other party ceases to carry on its business or substantially the whole of its business; or

12.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

12.5 In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.

12.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

13.1 The Supplier warrants that the Products will, at the time of delivery, correspond to the description given in the Proposal.

13.2 The Supplier warrants that the Services will be performed using all reasonable skill and care.

14.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Service and/or the Products.

14.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

14.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services or supply the Products by any agreed completion date.

15.1 The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.

15.2 The Supplier undertakes that it will indemnify and hold harmless the Customer against all proceedings, costs, expenses, liabilities, injury, death or damages arising from negligent performance or breach or failure of performance by the Supplier of any obligations under these Terms and Conditions.

16.1 Any dispute arising under this Agreement will be referred to and decided by the Adjudicator.

16.2 The Adjudicator will be appointed by application to the Construction Industry Council

16.3 A party wishing to refer a dispute to the Adjudicator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Adjudicator within seven (7) days of this intention being intimated.

16.4 The Adjudicator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Adjudicator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.

16.5 During the period of adjudication both parties must continue with their obligations as stated in this Agreement.

16.6 The decision of the Adjudicator is binding on both parties unless and until revised by legal proceedings, arbitration or agreement.

16.7 The Adjudicator will decide which party is liable to meet the fees of the adjudication and in what proportion if both parties are held liable.

All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier.

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under the Agreement without the prior written consent of the Supplier.

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.