Terms and Conditions and GDPR

Please note our terms and conditions:
1. For the purpose of these terms & conditions the following words shall have the following meanings: (a) "The Company" shall mean Cal Electrical Limited.
(b) "The Customer" shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by the Company to under the works you have requested.
2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by a designated operative of the Company at its absolute discretion.
3. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 25%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company's current hourly rates. The Customer shall only be charged for the time spent related to the Customer's work, all other time, personal mobile calls etc. is non-chargeable.
4. FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour & Materials, and shall be within 10% over and above the equivalent total hourly rate cost.

ESTIMATED WORK, Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:
4.1. if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
4.2. if after submission of the estimate there is an increase in the price of materials.
4.3. if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
4.4. if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
4.5. should a detailed Insurance Report be required in addition to the estimate and invoice then this will incur a nominal charge of £65.00

1. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
2. Material Collection.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances.
(c) Only one engineer is allowed to leave the job to collect parts.
parts.
3. Invoices are due for payment immediately upon delivery to the Customer. Failure to pay by the due date will incur a £50.00 administration charge each time we need to notify you of this with a maximum of one admin charge per week until the invoice is completely paid in full including any admin charges added. Any part of that invoice which remains unpaid shall carry interest at the rate of 8% over the base rate until payment in full is received by the Company.
4. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.
5. The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written estimate.
6. If the Customer cancels their instructions prior to any work being carried out or materials supplied, Then the Customer shall be liable for any related expenditure together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions. The related expenditure includes but is not limited to any restocking fee's, storage costs, administration time towards the preparation of the works, delivery costs for delivery of materials to us or being returned to the manufacture / supplier and labour time towards this.
7. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 6 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as agreed then the Company shall not be liable in respect of any defects in the works carried out.
8. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
9. The company will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer. Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed. The company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
10. Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
11. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
12. These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering in to a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
13. Title to any goods and certificates, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such a time as title in the such goods has passed to the Customer:
14. the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company,
15. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
16. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time.

These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.

Customers Responsibility:
It is the responsibility of the customer to protect items of furniture (flooring included), furnishings, fixings, fixings, fixtures and fittings. We will make reasonable efforts not to cause any damage, it is suggested that the customer removes items that are to be considered a problem. If it remains within the working area, it is the responsibility of the customers to cover such items.

Wallpaper and paint can sometimes be damaged. It is the responsibility of the customer to take any protection actions felt necessary. We will try our best to put back bath panels, flooring, cupboards etc - areas we need to get access to. We cannot be held responsible for any damage caused to these items or to the way they have been put back. If damage to plaster, brickwork and ceilings etc is caused it is the customers responsibility to make good. We cannot except responsibility for damage caused to wallpaper, paintwork, tiles, laminate flooring, carpets, furniture etc. Any decorator's caulk and silicon work does not carry a guarantee.
Updated July 2018 - JR/v.02

Cal Electrical Ltd GDPR Privacy Notice
 
Introduction
Privacy is of major importance to us as we believe our customers have the right to know their data is safe with us. We only use your name, address, email address and phone number so we can issue invoices and certification to you. This information is then kept on a secure accounting software platform called Xero (further details described below) where as a minimum 2 step authentication is required to log in to access this information. This information is only accessible and available to the directors of Cal Electrical Ltd.
 
Please take time to read our policy carefully and feel free to contact us with any questions or concerns about our privacy practices.
 
Who we are?
We are Cal Electrical Ltd, an electrical firm based in Leicester, our company is registered at 1 Top Close, Leicester, LE3 3TH. Our data controller and data protection officer is Rachel Barratt Rachel@calelectrical.co.uk
 
What information do we collect?
- We collect your name, address, phone number(s) and email address
- We collect this data when you request a quote through us, or when we have issued an invoice to you after we've completed a job for you
 
How do we use personal information?
• personalisation of content, business information
• account set up and administration
• internal research and development purposes
• providing goods and services
• legal obligations (eg prevention of fraud)
• meeting internal audit requirements
 
What legal basis do we have for processing your personal data?
• consent
• contract
• vital interests
• public task
• legal obligation
  
When do we share personal data?
We will treat personal data confidentially and will never share it with a third party.
  
How do we secure personal data?
We use an online accounting system called Xero (further details below) which has a secure 2 step-authentication system
• to protect data against accidental loss
• to prevent unauthorised access, use, destruction or disclosure
• to ensure business continuity and disaster recovery
• to restrict access to personal information
• to conduct privacy impact assessments in accordance with the law and your business policies
• to manage third party risks, through use of contracts and security reviews

Our online Invoice/accounts system - Xero:
Similar to many SaaS providers, Xero use a top-tier, third-party data hosting provider (Amazon Web Services) with servers located in the U.S., to host their online and mobile services. For more information about AWS's approach to compliance with the GDPR, see https://aws.amazon.com/compliance/gdpr-center/. 

Xero has no short term plans to store data in the EU, and this isn't required under GDPR. Instead, GDPR requires companies to implement appropriate safeguards when they export personal data out of the EU.

Xero makes sure that it complies with EU data export restrictions when it exports data outside of the EU, and will be doing a full audit prior to May 2018 on the data export mechanisms it has in place to ensure they comply, and will continue to comply, with GDPR.

When personal data is hosted or processed outside of the European Economic Area by Xero, GDPR requires that it remains protected by appropriate safeguards in line with EU law. There are a few ways that Xero achieves this.
First, some of our EU customers' data is processed in New Zealand (where our Headquarters are located). New Zealand is recognised by the EU as an 'adequate' country (i.e. safe country) to receive and process EU personal data, pursuant to European Commission Decision 2013/65/EU.

When Xero process EU customer data in other territories, like the United States of America or Australia, they ensure "appropriate safeguards" are in place that are prescribed by GDPR - i.e., by entering into the European Commission's Standard Contractual Clauses with the entity the data is transferred to, or by ensuring the entity is Privacy Shield certified (for transfers to US based entities).

Protecting customers' data is fundamental to everything we do. To better understand our security practices, you can refer to our Security Pages:
https://www.xero.com/accounting-software/security/  
https://www.xero.com/about/security/   

Xero has also completed a SOC 2 Type 2 report. The report covers the Trust Services Principles and Criteria for Security, Availability, and Confidentiality. SOC 2 audits are carried out by Ernst and Young, so it's an independent assessment of Xero's control environment against an internationally recognised assurance standard. You can request a copy of Xero's SOC 2 report at https://www.xero.com/about/security/soc-report/.

How long do we keep your personal data for?
We will keep the data relating to a specific customer for a period of 5 years, after this time all customer details and any invoice information that pertains to that customer will be deleted.
 
Your rights in relation to personal data
Under the GDPR, the customer has the right to access and control their personal data. The customer may at their discretion:
• have access to their own personal information
• ask for correction and deletion of their information
• ask for withdrawal of consent (if processing data on condition of consent)
• have the right of lodging a complaint with the Information Commissioner's Office
 
In the first instance individuals should contact the Cal Electrical GDPR compliance officer with their request which we will process within 5 working days.
 
How to contact us?
If you have any questions or concerns about our privacy practices, your personal information, or if you wish to file a complaint. You can contact us directly by email at info@calelectrical.co.uk,

Write to us directly at:
Rachel Barratt
GDPR Compliance Officer
1 Top Close
Leicester
LE3 3TH
 
Linking to other websites / third party content
We link our website to Instagram, Facebook and Checkatrade, we do not publish customer details in any way on any of these formats, however we take no responsibility for the content (or information contained within) on any linked website.

Need an Electrician? Call us on 0116 431 8048