Terms & Conditions

Terms and conditions of installation, repair and services.

Unless otherwise agreed in writing, the installation, repair and service shall be subject to the following terms and conditions.

Definitions

"Services" means the engineering and associated services relating to the Customer's Equipment as set out in the proposal specified in our quotation or other agreed documents or discussions between us.
"We", "us" and "our" mean the TCA Tech providing Services to you.
"You" and "your" mean the person or company to which we are providing Services.
"Customer's Equipment" means the equipment or material belonging to you, or for which you request us to provide services.

Incorporation of Conditions

a) Any contract or agreement to do work made between you and us shall be subject to these conditions, and any terms you put forward do not apply.
b) All other terms and conditions which might be implied by conduct or a previous course of dealing or trade custom are excluded from this contract.
c) No amendment or change shall be made to these conditions

Quotations/Prices

Our quotation provides an indication to you of the items on which you may place an order, but no order from you as a result of a quotation (or otherwise) shall be binding upon us unless and until it is accepted or confirmed by us.
A quotation is made on the assumption that the work requested is reasonably capable of being carried out. If on inspection this is found in our opinion not to be the case, we will advise you to this effect as soon as reasonably practicable, and may offer you a reconditioned or new substitute on terms to be agreed. If you give a general instruction for repairs without specifying the particular service or replacement parts, we will be entitled to carry out such repairs or, modifications or service as in our opinion are necessary to put the Customer's Equipment in good working order, and to make an appropriate charge for the work and parts provided.
Provided your order is placed within sixty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will pay the resultant price.
If delivery and performance are postponed at your request or by circumstance within your control you will pay all resulting costs and expenses we incur.
We will charge for all work carried out at your request, whether exploratory or otherwise and, in particular, we reserve the right to instruct out employees or agents to work overtime to comply with your delivery requirements in which case we may charge you the cost of such overtime.

Work on Site

If the Services are to be carried out on your premises or at your request at some other site we will need free and safe access to the customer's Equipment, together with proper and safe storage and protection of all goods, tools, plant and equipment and materials we have on site. We may also require additional facilities to carry out the Services such as electricity. You will observe and comply with the latest Health and Safety at Work Legislation and ensure that the site is safe and without risk to the health and safety of all persons working there; and you will hold us harmless against all legal and regulatory proceedings, costs and charges in respect of your failure to do so.

Payment

Unless otherwise agreed with you by us, we will issue an invoice for the full amount due on completion of the Services. Invoices will be due for payment 7 days from the day on which we despatch the invoice to you. All payments will be in pounds Sterling.

Designs Drawings and Specifications

You shall be responsible for the accuracy of any designs, specifications and other data, which you or your employees or agents supply to us, which we use in connection with the Services, even if we examine, inspect or comment upon them. You will hold us harmless against any liability to a third party which we may incur as a result of carrying out the Services in accordance with your instructions or your designs, drawings, specifications or other data.

Warranty

We will take reasonable care of the Customer's Equipment whilst it is in our custody and make good any loss damage caused by our failure to exercise reasonable care, our liability being limited to the replacement value of the Equipment.
We also undertake to use reasonable skill and care in carrying out the work and to use materials, which are suitable quality and free from defects.
Unless otherwise agreed, we will rectify defective work and/or defective materials notified to us in writing within 12 months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value thereof. We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.
Unless we have agreed to do so, you will accept full responsibility for re-installing, examining and testing the Equipment on which we have worked as soon as it is completed and we shall not be responsible for any damage, cost or loss incurred by you due to your failure to properly re-install or delay in testing the equipment or in notifying us of any defect in the work.

Transportation

If we have agreed to transport the Equipment, in the event of loss or damage to Equipment in transit from any cause whatsoever our liability shall be limited at our option to replacing the Equipment or passing on the benefit of insurance. In no circumstances shall we be liable for other loss including (without limitation) loss of production or loss of profit or contracts.
We shall not be liable for any such transit damage unless we and the carriers are notified of such damage or loss within seven days of delivery. It is your responsibility to examine the goods immediately on receipt.
Unless otherwise agreed, the loading or off loading of the goods on collection or return to you shall be arranged by you and performed at your sole expense and risk.

Termination of this Contract

We may bring this Contract to an end if you fail to comply with your obligations under this Contract, within seven days of having been notified by us of the relevant failure. We may also bring this Contract to an end immediately if you are the subject of a petition for a bankruptcy order, or you become insolvent or enter into any composition, scheme or arrangement with your creditors. If you are a corporation or other legal person, we may bring this Contract to an end immediately if a receiver (including an administrative receiver) is appointed over any of your assets or an application is made to appoint an administrator for you. If you are in partnership, we may bring this Contract to an end immediately if the partnership is dissolved. We may also terminate this Contract if any proceedings relating to your insolvency are commenced in any country.

If this Agreement ends for any reason, we will be entitled to remove all of our equipment from your premises or from site. You will remain liable to us for any sums which you have not paid, for all work done up to date of termination and for any other breaches of this Contract.

Limitation of Liability

We accept that we are liable for any death or personal injury resulting from our negligence or the negligence of our employees or agents acting in the course of their employment. In relation to defects in goods sold to you by us, we may also be liable under the Consumer Protection Act 1987 or equivalent legislation, but only to the extent that such liability cannot lawfully be excluded.

Apart from our agreement to rectify any defects or errors in the Services as set out according to our Warranty terms and to replace or repair the Customer's Equipment where there is loss or damage to goods in transit as set out according to our Transportation terms:

Our maximum liability to you for the direct loss or damage, either under this Contract or arising from any act or omission, including negligence, will not exceed the total amount paid by you under this Contract, or such higher sum as a court may specify as reasonable up to a limit of £100,000; and
We will not be liable to you under any circumstances for any indirect or consequential losses (including for example, loss of Contracts or loss of profits of production).

The limitations and exclusions in this paragraph apply to any claim, whether in contract, tort (including negligence), breach of any statutory duty or implied term or any other claim, except any liability for death, personal injury or defects in goods supplied to you by us as set out above.

The limitations and exclusions in these conditions reflect the value of this Contract to us and are considered to be reasonable. If you require us to accept greater liability we may be prepared to do so subject to agreement of an additional charge to reflect the increased risk and cost of insurance to us.

Force Majeure

We will not be liable to you for any failure to perform our obligations under this Agreement where that failure results from any cause outside our reasonable control, including but not limited to natural occurrences, disruption of power supplies, the action of third parties or industrial action.

Disputes

Any disputes which we cannot settle amicably relating to the nature or quality of the Services will be referred to an expert to be agreed or (if we and you cannot agree the choice of expert within 14 days of an expert being proposed by you or us) appointed at the request of you or us by the President for the time being of the institute of Electrical Engineers. The written report of the expert will as between you and us be conclusive evidence of all matters of fact and all matters opinion set in the report and the charges of the expert shall be borne and paid as the expert may direct.

VAT

Unless indicated otherwise, all sums payable under this Contract are stated exclusive of Value Added Tax (which will be charged at the rate prevailing at the relevant tax point) and any other tax or duty chargeable under any relevant legislation.

Assignment/Third Parties

You will not assign your rights under this Agreement without our express written approval. We may sub-contract the provision of certain of the Services at our discretion. No third party shall acquire any rights under this Contract except as specifically stated in these conditions.

Notices

Any notice to be given by you or us must be in writing and may be delivered by facsimile or electronic mail. Notices to us should be sent to us at the address stated on our quotation, acknowledgement or invoice. Any notice given to you will be sent to you at the address supplied at the time of order. You and we are free to provide an alternative address for notices at any time. Facsimile notices will be assumed to have been delivered on the next working day after transmission, and notices sent by first class post will be assumed to have been delivered two working days after they are sent.

Waiver

Any express or implied by us of any failure by you to perform your obligations under this Agreement will not prevent the subsequent enforcement of those obligations. Similarly, any waiver we give will not be taken to be a waiver of any subsequent failure by you to perform that or any other obligation.

Whole Agreement

This Contract constitutes the entire agreement between us relating to the Services and overrides any prior correspondence or statements relating to the Services (including any statements or representations in any advertisements or literature produced by us relating to the Services).

Validity

If any provision of this Agreement is ruled to be valid for any reason, that invalidity will not affect the rest of this Agreement, which will remain valid and enforceable in all respects.

Law

This is Agreement is governed by English Law.

Job Terms & Conditions

Provided your order is placed within thirty days of the date of the quotation, the price contained on the quotation shall be fixed unless the quotation states otherwise. If your order is not placed in that period, then if any change shall occur after that in the costs of any materials, labour, transport or other items, including overheads, which we have to pay or incur for the performance of the Contract, then you will be required to pay the resultant revision in price.

Any project time frames given are estimates which we will do our best to keep to, however are not fixed. Any delays will be notified to you and we will revise our works program with you to confirm an agreeable completion date.

Unless otherwise agreed, we will rectify defective work and /or defective materials notified to us in writing within 12 months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value thereof. We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.

Some works are extensive and will have an impact on the property. Where access requirements can cause damage to internal and external fittings such as wall paint and coverings, we can make good to a basic standard at extra cost unless separately specified/quoted for.

The price we have stated does not include the removal of hazardous waste such as asbestos. We can help to arrange a licensed specialist at extra cost to you.

All consent requirements are your responsibility. Where we are requested to carry out work where you have failed in complying with consent requirements, you will compensate us for any losses we suffer as a result of your failure to obtain the necessary planning permission.

If you are a tenant you will need your landlord’s permission before we can start any work. Where any unauthorised work is carried out then you will need to compensate us for any losses we suffer as a result of your failure to obtain permission.

It is your responsibility to have adequate utility supplies at your property; gas, water and electricity. We cannot be held responsible utility supply locations or if they become inadequate for reasons outside of our control.

Where we are connecting new equipment to your existing equipment and structure, we cannot accept responsibility for your existing equipment or structure that may develop faults or where any equipment has any pre-existing faults.

Depending on work requirements we may need to leave equipment in your premises and it is your responsibility to ensure they are kept as left

Payments must be made in a timely manner and we will inform you as to dates and amounts and in all events balances are to be paid on completion of the job or stages of the job depending on terms agreed. All invoices state 14 days payment terms from date of issue.

Unless otherwise stated on the face of this agreement you will be responsible for the removal and the replacement (and alterations if required) of curtains, blinds and pelmets, the lifting of carpets, the repositioning of telephone or burglar alarms and fittings and any other electrical connections. If this is not adhered to by the customer, Tca-Tech Ltd cannot be held responsible for any damage caused in the removal of such items. All making good will be to a pre-decorative condition but will not include any decorating. Whilst the greatest care is taken in removing existing equipment Tca-Tech Ltd cannot guarantee that internal décor will be unaffected and cannot be held responsible for any such decoration.

We reserve the right to make credit and other similar enquiries in respect of our customers before installation takes place. If these enquiries reasonably lead us to believe that there is sufficient risk of payment not being made then we reserve that right to ask you to make payment of full contract price before installation takes place and before any work is carried out.

Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Ombudsman services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 01179812929.

Our Main Obligations to You: We will carry out the work with all reasonable skill and care according to the timetable agreed with you. Unless otherwise agreed, we will rectify defective work and /or defective materials notified to us in writing within 12 months of the completion of the work and liability for defective work and/or defective materials is limited to the invoice value thereof. We will have no responsibility for other loss or damage, including (without limitation) loss profit or production, except as required by law.

Your Right to Cancel: You can cancel this contract and receive a full refund of your deposit by sending written notice no later than 14 days after the date on which this contract was signed; this right is known as the "Cooling-Off Period". If there is a severe or unreasonable delay beyond the "Cooling-Off Period", not caused by you, or by events beyond our control, then you will have a right to cancel this contract and receive a full refund. If we are in serious breach of our obligations, as detailed in this contract, then you have a right to cancel and receive a full refund. (You can also seek the other remedies detailed in section 9.3 of this Contract).

Your Main Obligation to Us: You may be asked to pay a deposit when you sign the contract. This will not under any circumstances be more than 25% of the total contract price. It is your responsibility to get the necessary permissions and approvals for the work to take place. We will help you do this if requested. If you fail to pay on time, we may stop work and charge additional costs. If you cause the work to be delayed, we may stop work and charge reasonable additional costs.

1 ACCEPTANCE OF PROPOSAL; 1.1 The Quotation is valid for a period of 30 days from the date of issue and is subject to work starting within 90 days of acceptance. 1.2 We will rely upon the written terms set out here in the Contract. Please read them carefully before accepting them. If you need any explanations about these terms, please write or telephone us at the address and telephone number provided. If any amendments to this Contract are required, you must confirm these in writing, and they must be agreed by an authorised representative of this Company. The "Cooling-Off Period"; 1.3 You can cancel this Contract by sending us written notice using the address provided. You must send that written notice no later than 14 days after the date on which acceptance of this Contract was communicated; this right is known as the "Cooling-Off Period". If you cancel after that period, then unless we are in breach of this Contract, the conditions set out in section 9.1.1 of this Contract will continue to apply.
2 OUR MAIN OBLIGATION TO YOU IS TO DO THE WORK WITH ALL REASONABLE SKILL AND CARE ACCORDING TO THE TIMETABLE SET OUT IN THE QUOTE AND AGREED IN THE CONTRACT; 2.1 We agree to carry out the work with all reasonable skill and care in the planning, installation and commissioning of the system described in the Quotation. The goods we supply must: be of satisfactory quality; be fit for purpose; and, operate as we described to you. The Timetable; 2.2 We agree to supply the goods and carry out the installation work as specified in the timetable set out in the Quotation. We must have discussed that timetable with you before you sign this Contract. Your acceptance of these terms indicates that you agree to proceed using that timetable. 2.2.1 We may adjust that timetable after discussing this with you according to the conditions set out in section 8 of this Contract. If we fail to carry out the work according to that timetable, then the conditions set out in section 8.2 of this Contract will apply. If, for whatever reason, there is any delay, suspension or cancellation of the supply of the goods or installation of the system then the conditions described in 8.2.1 and 8.2.2 of this Contract will apply.
3 YOUR MAIN OBLIGATION TO US IS TO MAKE THE PAYMENT TO US; The Deposit; 3.1 You will pay us the deposit specified in the contract when you sign this agreement. The deposit shall not amount to more than 25% of the total contract price set out in the Quotation. Should you decide to cancel the contract within the "Cooling-Off Period" (see section 1.3 of this Contract) we will return that deposit to you in full. Note: HIES will not cover deposits or advance payments in excess of 25% of the contract value or more than £5,000. 3.1.1 If you pay the deposit before we have inspected your house, and if we find during that inspection that the installation cannot proceed, then we will promptly refund that deposit to you in full. Final Payment; 3.2 The balance outstanding on the contract price is due on completion and commissioning of the installation. We will issue you with an invoice when the work is complete and has been commissioned. 3.3 You will not be entitled due to any alleged minor defect to withhold more than a proportionate amount of the outstanding balance. If you do withhold any amount after the due date because of any alleged minor defect you must give us notice before the final date on which payment is due. In that notice you must also state the reasons you are withholding the payment. Consequences of Late Payment; 3.4 If you fail to pay the amount specified in an invoice by the due date then we may charge interest until the full amount is paid. The interest rate we charge will be 3% above the base rate set by the Bank of England.
4 YOUR OTHER OBLIGATIONS TO US; 4.1 You must obtain all relevant permissions (such as planning and building consents) that are necessary before we start work on the installation. If we ask to see those permissions (and related drawings and/or specifications) you must make those available. Supply of Services; 4.2 You must agree to provide the following for our use free of any charge: water, washing facilities and toilets; electricity supply; adequate storage space; safe and easy access to your property from the public highway; easy access to the location within the property where the installation is to take place by removing all belongings. 4.3 You, or a contractor you employ, may need to carry out preparatory work before the installation described in the Quotation can start. If so, we will describe this to you in writing. This work must be finished before the agreed date on which installation work is due to start. This work must be undertaken by competent persons and must be of the necessary quality for the installation. If this preparatory work is not finished before the agreed date on which the installation is due to start, then the conditions described in section 8.3 of this Contract will apply. 4.4 Some works are extensive and will have an impact on the property. Where access requirements are likely to cause damage to internal and external fittings such as wall paint and coverings, we can make good at extra cost unless already included within the quoted price. 4.5 We may, as a result of work requirements, need to leave equipment in your premises and it is your responsibility to ensure that they are kept as left. 4.6 Where we are connecting new equipment to your existing equipment and structure, we cannot accept responsibility to for your existing equipment or structure that may develop faults or where any equipment has any pre-existing faults. 4.7 We will remove from site all waste generated as a direct result of our installation. This will be carried out under our waste carrier licence: Registration CBDU394813. Our price does not allow for the removal of hazardous waste such as asbestos. We can help to arrange a licensed specialist at additional cost to you. Additional Charges; 4.8 Should you be in breach of conditions set out in 4.1, 4.2 and 4.3 of this Contract you may incur additional costs due to delay and/or provision of additional services. You may be required to pay reasonable compensation to cover those extra costs. If this happens then section 7 of this Contract will apply.
5 DELIVERY, TITLE AND RISK; 5.1 We will deliver the goods to the location detailed in the Quotation. 5.2 Where your money has been used to make specific purchases on your behalf, then legal title to those goods, or the proportion of them you have paid for, will pass to you. We must either deliver them to you or label them as belonging to you. Where the goods are stored by us then we must keep those goods separate from our own goods and those of third parties. We must also keep the goods stored, protected, insured and identified as your property until they are delivered to you. You must be able to inspect the goods and/or repossess them. 5.3 Goods belonging to us may be delivered to the site. If the contract is terminated early for reasons detailed in section 9.3 of this Contract, then, with reasonable notice, you must return and deliver the goods to us. If this happens then we will reimburse you if any of your money was used to purchase a proportion of the goods. If you do not return the goods to us, we retain the right to take legal proceedings to recover the goods or their value. 5.4 If the Contract is terminated early for reasons detailed under section 9.4 of this Contract, then, with reasonable notice, you must return and deliver the goods to us. If this happens you may have to pay compensation for reasonable costs or losses reasonably incurred. This may be deducted from any deposit or further advance payment you have already made. 5.5 Until ownership of the goods passes to you, you must: store the goods separately in such a way that they remain readily identifiable as our property; not destroy, deface or obscure any identifying mark of packaging on or relating to the goods; maintain the goods in a satisfactory condition.
6 CHANGE OF WORK; 6.1 If, after signing the contract, you want to change the work, you must consult with us first. We may be able to incorporate your changes into the installation provided that: it is technically possible; we have the necessary resources; the necessary permissions are in place. 6.2 If we agree to this change of work, you must confirm this in writing and, do so within 14 days of when you first tell us. 6.3 We will then adjust the price by written agreement beforehand, if possible; or if not then by later written agreement, or if not then by referring to any priced documents, if this applies; or if not then by a reasonable amount for the work done or goods supplied. 6.4 Every change that means extra or revised work (as opposed to changes that leave something out) may mean extra costs. We will try to keep those costs to a minimum.
7 UNEXPECTED WORK; 7.1 The Quotation given to you must detail the hourly or daily costs that would result from any unexpected work due to site conditions or special circumstances beyond the control of the member. 7.2 Where unexpected work arises, we will tell you and ask how you want us to proceed. If you want us to continue, then section 6.3 of this Contract will apply.
8 CHANGES TO AGREED TIMETABLE; 8.1 We will make every effort to complete the work by the time agreed with you. You must appreciate, however, that sometimes delays may occur for reasons beyond our control such as adverse weather conditions, strikes or disputes. Delays may also be caused when third parties are involved in installing other, related works. We cannot be held responsible for any such delays. If such delays occur, we will complete the work as soon as possible. Consequence of Delay Caused By Us; 8.2 You will be entitled to compensation if we cause significant or unreasonable delay due to factors within our control. 8.2.1 In the case of major delays to the delivery of goods or installation then you may be offered different products of equivalent specification, value and quality. 8.2.2 In the case of major delays to the delivery of goods then you will be entitled to cancel the contract as detailed in section 9.2 of this Contract. Consequences of Delay Caused By You; 8.3 We will seek to accommodate small delays without recourse to compensation. 8.3.1 If the work is delayed or lasts longer than expected for any reason within your control, we will adjust the price accordingly, as shown in section 6.3 and subject to section 7 of this Contract.
9 CANCELLATION OF THIS CONTRACT; Your Rights; 9.1 As detailed above in section 1.3 of this Contract, you can cancel this contract by sending us written notice no later than 14 days after the date on which this contract was signed. 9.1.1 If you cancel this Contract after the period referred to in sections 9.1 and 1.3 of this Contract then you will have to pay compensation for costs or losses reasonably incurred. We will try to keep those costs to a minimum. We have a right to retain all or part of your deposit and further advance payment, if made, as a contribution. 9.2 If there is a serious delay to the delivery of goods for reasons that are outside your control, but within our control, then you will be entitled to cancel the contract and receive a full refund. 9.3 Additionally, if we are in serious breach of our obligations as detailed in this Contract then you have a right to: cancel the contract and receive an appropriate refund; or request a repair or a replacement; or ask for compensation. You can seek those remedies if what we supply or install is faulty, incorrectly described or not fit for purpose. You cannot seek those remedies if you change your mind about the contract or decide you no longer want some or all the components. Our Rights; 9.4 By placing the order, you give Us permission to go ahead with any Preparatory Work specified in the Order. If you change Your mind and cancel the Contract after commencement of these Preparatory Works, you will be charged a reasonable proportion of the fees shown for them on the Order. We can, by mutual agreement confirmed in writing, vary the Goods, Services or Terms of this Contract. 9.5 If you are in serious breach of your obligations as set out in this Contract and you fail to remedy that breach within 14 days of receiving written notice from us about that breach, then we have a right to cancel the contract. We must give you reasonable opportunity to rectify the alleged breach. 9.6 If we suffer a loss as a result of your breach of contract, we must take reasonable steps to prevent the loss from getting worse. If your breach of contract leads to a cancellation, then you may have to pay compensation for reasonable costs or losses reasonably incurred.
10 USING YOUR PERSONAL INFORMATION; 10.1 We will use the personal information you provide to us in accordance with the Data Protection Act 2018, General Data Protection Regulations and more specifically to; a) Supply the Goods and Services to you b) Process any payments that you make for the Goods and Services, including if necessary, conducting credit reference checks c) Register Your installation with any relevant bodies and any competent person’s scheme d) Address any concerns or complaints that you have about the Goods and Services. 10.2 On the Order, we have asked you to indicate whether you will allow us to send you information about our future Products and Services. We will use your information in accordance with your wishes and you may notify us of any changes to those wishes. 10.3 If you need to write to us, please do so at: TCA-Tech Limited at Edison House, Edison Close, Ransomes Europark, Ipswich, Suffolk IP3 9GU Email: info@Tca-Tech.co.uk
11 COMPLAINTS PROCESS; 11.1 Our Complaints Process is published within a separate document included on our website.11.2 Complaints arising from services sold via extended credit will be handled via the Eligible Complaints Process as published on our website www.Tca-Tech.co.uk
12 FINANCIAL CONDUCT AUTHORITY; TCA-Tech Limited is authorised and regulated by the Financial Conduct Authority FRN 969522. We act as a credit broker not a lender and offer finance from a lender. Finance is subject to an application, status & affordability. TCA-Tech LTD is a trading name of TCA-Tech LTD