These Terms and Conditions (“Terms”) apply to the supply of goods and services by Howter Automation & Electrical Services (“the Company”, “we”, “us” or “our”).

Please read these Terms carefully before accepting any quotation, service agreement, invoice or booking work with us, as they form the basis of the contract between you and us.

1. About Us

We provide services relating to gate automation, barriers, bollards, access control, intercoms, CCTV, intruder alarms, electrical works, servicing, maintenance, repairs, upgrades and related products and systems.

2. Definitions

In these Terms:

• “you” or “your” means the customer, client, property owner, tenant, occupier, business, organisation or other person who instructs us and is responsible for payment.
• "Goods” means any bespoke or non-bespoke gates, barriers, bollards, automation equipment, access control equipment, intercoms, CCTV systems, alarm systems, electrical equipment or associated goods that we agree to supply and/or procure for you.
• “Materials” means any materials, parts, consumables or items we need to purchase or use in order to carry out the Services, excluding Goods separately supplied or procured for you.
• “Premises” means the property, site or location where the Services are to be carried out or where Goods are to be delivered.
• “Services” means all services we provide, including but not limited to site surveys, assessments, planning, product recommendations, design assistance, programming, installation, commissioning, servicing, maintenance, repair, fault-finding, upgrades, emergency attendance and related works in connection with gate automation, barriers, bollards, access control, intercoms, CCTV, alarms and electrical systems.

3. Formation of Contract

A contract between you and us is formed when you do any of the following:

• accept our quotation;
• sign a service agreement;
• instruct us to proceed;
• pay a deposit;
• book our Services; or
• otherwise confirm that you wish us to carry out work.

By doing so, you agree to be bound by these Terms.

4. Quotations

All quotations are based on the information reasonably available to us at the time of preparation and on the scope of works then understood.

Unless otherwise stated in writing, quotations remain valid for 30 days from the date of issue.

Any quotation is subject to review if:

• the scope of work changes;
• site conditions differ from what could reasonably have been anticipated;
• hidden defects or unsuitable existing systems are discovered;
• supplier pricing changes before acceptance; or
• you request changes to the specification, Goods or Services.

We reserve the right to revise a quotation where any of the above applies.

5. Deposits

We require a deposit before ordering Goods, purchasing Materials, allocating labour, programming equipment, reserving installation dates or otherwise committing resources to your project.

No Goods or Materials will be ordered, and no work or installation date will be confirmed, until the required deposit has been received in cleared funds.

The amount of the deposit will be set out in the quotation, service agreement or invoice.

6. Payment Terms

Unless otherwise agreed in writing:

• the balance of all sums due is payable on completion of the Services; and
• our standard payment terms are 14 days from the date of invoice.

Where staged or interim payments apply, these will be set out in the quotation, service agreement or invoice.

All prices are subject to VAT at the prevailing rate, where applicable.

We accept payment by:

• bank transfer
• credit or debit card
• cash
• cheque

If payment is overdue, we reserve the right to:

• suspend further Services;
• delay attendance, completion or handover;
• withhold commissioning or documentation;
• retain Goods where legally permitted; and/or
• recover any reasonable costs arising from non-payment.

7. Non-Refundable and Special-Order Goods

Where Goods are bespoke, made to measure, specially manufactured, specially ordered, painted to order, fabricated, programmed, configured, cut to size or otherwise obtained specifically for your project, they shall be treated as non-returnable and non-refundable once ordered, committed to manufacture, dispatched, programmed or allocated to your job, except where required by law.

This includes, without limitation:

• bespoke gates and fabricated gate frames;
• special-order automation equipment;
• configured access control systems;
• programmed intercom systems;
• made-to-order barriers or bollards; and
• custom or special-order electrical or security products.

8. Cancellation by the Customer

If you cancel after accepting our quotation or instructing us to proceed, you remain liable for:

• the cost of all Services already completed;
• all Goods and Materials already ordered, supplied, procured, manufactured, programmed or committed to on your behalf;
• any supplier cancellation, restocking, carriage or administration charges; and
• all reasonable survey, design, programming, project planning, administration and scheduling costs already incurred.

Any deposit paid may be used towards these sums. If the deposit is insufficient, the balance remains payable by you.

9. Variations and Additional Works

If you request any change to the agreed Services or Goods, you must notify us as soon as reasonably possible.

We will advise whether the variation can be accommodated and confirm any change in cost, lead time or scope before proceeding where practicable.

We reserve the right to charge additional sums where:

• you request changes;
• the quantity or nature of work required is materially different from what was originally agreed;
• hidden defects, unsuitable existing systems or unforeseen conditions are discovered; or
• additional labour, Materials, Goods or visits become necessary.

Any additional work outside the original scope shall be chargeable unless expressly agreed otherwise in writing.

10. Access to the Premises

You must ensure that the Premises are safe, accessible and ready for us to carry out the Services.

This includes ensuring that:

• the work area is clear and unobstructed;
• reasonable access is available for our personnel, tools, plant, ladders, equipment and deliveries;
• any prerequisite works by others have been completed;
• all required utility services are available where relevant;
• any permissions, approvals, permits or landlord consents have been obtained; and
• the site is reasonably safe and suitable for the work to proceed.

11. Abortive Visits and Delays

If we are unable to carry out the Services, or a material part of them, because access is unavailable, the site is not ready, prerequisite works are incomplete, utilities are unavailable, or the work is prevented or delayed by matters outside our control, we reserve the right to charge for:

• abortive visits;
• travel time;
• labour time;
• plant or access equipment;
• storage and re-delivery;
• wasted time; and
• any other reasonable additional costs incurred.

Where further visits are required because of delay, lack of access or site unpreparedness, those visits may be chargeable at our prevailing rates.

12. Existing Underground Services and Hidden Conditions

Unless expressly agreed otherwise in writing, our quotation assumes that all existing underground cables, ducts, pipes, drains, conduits, foundations, buried services and concealed structures are correctly located, structurally sound and suitable for the intended works.

You are responsible for providing accurate information, where known, relating to underground and concealed services, including service drawings, plans, records and other relevant information in your possession or control.

We shall not be liable for delay, damage, redesign, additional cost or inability to complete the Services where hidden services, obstructions, collapsed ducts, unrecorded cables, poor ground conditions or concealed defects are discovered which could not reasonably have been identified beforehand.

Any additional works needed due to hidden or unsuitable conditions, including excavation, tracing, cutting, making good, duct replacement, re-routing or reinstatement, shall be treated as additional chargeable works unless expressly included in our quotation.

13. Existing Systems and Site Suitability

Our Services may involve connection to, integration with, or work on existing systems, wiring, utilities or structures.

Unless expressly stated otherwise, we do not warrant that any existing system at the Premises is suitable, compliant, complete, free from defect or fit for continued use.

We shall not be responsible for delay, failure or additional cost caused by defective, unsafe, unsuitable or previously altered existing systems or site conditions outside our control.

14. Gate Safety and Compliance

Where we install a new powered gate system, or carry out works that amount to putting machinery into service, we will aim to supply and install the agreed system in a condition suitable for safe operation within the agreed scope of works.

Where we are working on an existing gate, barrier or automation system, particularly where our scope is limited to repair, replacement of specific components, fault-finding, motor replacement, panel replacement, service work or partial upgrades, we do not warrant or guarantee that the entire existing system complies with current standards unless we have expressly agreed in writing to carry out a full compliance upgrade or full system review.

If, in our reasonable opinion, an existing system is unsafe, substantially defective, incomplete, interfered with, non-compliant or otherwise unsuitable for continued powered operation, we reserve the right to:

• decline to energise or re-commission the system;
• leave the system isolated, disabled or in manual or hold-to-run mode;
• recommend additional works before returning it to service; and/or
• refuse to complete a limited repair where doing so would leave the system unsafe.

Following completion, you are responsible for ensuring the system is properly used, inspected, maintained and not altered or interfered with by unauthorised persons.

For commercial, landlord-managed and multi-occupancy Premises, you remain responsible for ensuring that powered gates, barriers and associated systems are regularly inspected and maintained for ongoing safe use.

15. GSM, Network and Connected Systems

Any GSM intercom, app-connected access system, remote CCTV system, cloud-based alarm, smart controller or similar product relies on third-party services such as:

• mobile networks;
• SIM cards;
• broadband services;
• routers and network hardware;
• cloud platforms;
• manufacturer apps;
• power supply; and
• site signal strength.

These services are outside our control.

Unless expressly agreed otherwise in writing, you are responsible for:

• supplying, activating and maintaining any required SIM card, mobile contract, broadband connection, cloud subscription, app account or router;
• ensuring those services remain active and paid for;
• ensuring adequate signal, internet service and power are available at the Premises; and
• maintaining passwords, permissions and account access where necessary.

We do not guarantee uninterrupted signal, app access, cloud connectivity, remote access, notification delivery, call quality or ongoing compatibility with third-party service providers or manufacturers.

We shall not be liable for loss of functionality caused by:

• poor signal;
• internet failure;
• SIM or provider issues;
• power cuts;
• provider outages;
• cloud or app changes;
• manufacturer platform withdrawal; or
• any other third-party service interruption beyond our control.

16. Service Contracts and Maintenance Visits

Where Services are provided under a service contract or maintenance agreement, the exact scope of cover shall be as stated in the relevant quotation or service agreement.

Unless expressly stated otherwise, routine servicing and maintenance do not include:

• replacement parts;
• major repairs;
• excavation or civil works;
• lifting equipment or specialist access equipment;
• remedial works arising from previous defective installation by others;
• hidden faults;
• compliance upgrades;
• network or SIM-related faults;
• faults caused by power, internet or utility failure;
• faults caused by misuse, impact, vandalism, weather events, flooding, lightning, rodents or third-party interference.

Routine servicing is intended to inspect, test, adjust and report in accordance with the agreed scope. It does not guarantee that all hidden defects will be identified or that no future failure will occur.

Emergency callouts, breakdown attendance, out-of-hours attendance, return visits, parts and remedial works are chargeable separately unless expressly stated otherwise.

Where a fault is reported but no fault is found on attendance, or where the fault is caused by user error, third-party interference, utility failure, poor signal, internet failure or similar causes outside our control, we reserve the right to charge our standard callout and labour rates.

17. Warranties

Subject to the exclusions below, we provide a 12-month warranty on parts and labour from the date of completion of the Services, unless otherwise stated in writing.

The warranty covers defects arising from faulty workmanship or defective materials supplied by us.

The warranty does not cover:

• misuse, neglect or accidental damage;
• vandalism or impact damage;
• flood, storm, lightning, fire or other acts of nature;
• utility failure, power surges or network issues;
• poor GSM signal, broadband failure or SIM-related faults;
• normal wear and tear;
• consumable items such as fuses, batteries, lamps and similar items unless expressly included;
• defects arising from lack of maintenance;
• defects caused by third-party interference, adjustment or repair;
• faults in existing retained parts of a system not supplied or installed by us;
• timber movement, weathering or natural variations in timber, grain, finish or colour.

The warranty will not apply where:

• any money remains outstanding to us;
• you have failed to follow our reasonable operating or maintenance instructions;
• you have failed to notify us of a defect within a reasonable time after becoming aware of it; or
• the installation has been altered, adjusted, dismantled or interfered with by anyone other than us without our approval.

The warranty is non-transferable and applies only to the original customer.

Nothing in these Terms removes any statutory rights that cannot lawfully be excluded.

18. Liability

We maintain appropriate insurance cover for our business activities.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.

Subject to that, we shall not be liable for:

• any indirect or consequential loss;
• loss of profit, revenue, business, goodwill, opportunity or contracts;
• delay caused by matters beyond our reasonable control;
• hidden defects, unsuitable site conditions or defective existing systems;
• inaccurate information, measurements, access details or instructions supplied by you;
• failure of third-party products, services, software, apps, networks or cloud platforms outside our control.

Where you provide information, measurements, site data or instructions, we are entitled to rely on them as being accurate.

You agree to indemnify us against claims, costs, losses or liabilities arising from unsafe site conditions, inaccurate site information, your breach of these Terms, or unauthorised use, alteration or interference with the Goods after handover.

19. Working Hours and Availability

Our normal working hours are Monday to Friday, 9:00am to 4:30pm, excluding public holidays, unless otherwise agreed in writing.

Any dates or times given for survey, attendance, delivery, installation or completion are estimates only and are subject to change.

We will use reasonable efforts to meet agreed dates, but we shall not be liable for delay caused by:

• adverse weather;
• supplier delays;
• shortage of parts or materials;
• illness or labour shortage;
• access problems;
• utility failure;
• technical issues; or
• any other matters beyond our reasonable control.

20. Complaints

If you are dissatisfied with any aspect of our Services, please notify us as soon as reasonably possible so that we may investigate and, where appropriate, attempt to resolve the matter promptly.

Our complaints procedure is available on request.

21. Termination

Either party may terminate the contract by giving 14 days’ written notice, unless immediate termination is justified by a serious breach.

If you cancel or terminate the contract, you remain liable for:

• all Services already completed;
• all Goods and Materials already ordered, supplied, manufactured, programmed or committed to on your behalf;
• any supplier charges or cancellation costs; and
• all reasonable design, survey, administration, scheduling and project costs already incurred.

These sums may be deducted from any deposit paid. If the deposit is insufficient, the remaining balance remains payable by you.

Nothing in this clause affects your statutory rights or any other remedies available where we are legally at fault.

22. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations where this results from circumstances beyond its reasonable control, including but not limited to severe weather, flood, fire, war, terrorism, epidemic, pandemic, labour shortage, supplier failure, transport disruption or interruption of utilities.

23. Data Protection

In order to provide the Services, we may collect, store and process your personal data.

We will process such data in accordance with applicable data protection law and our Privacy Notice. We may share your information with suppliers, subcontractors, advisers or other third parties where reasonably necessary to provide the Services or to operate our business lawfully.

Further details are available in our Privacy Notice, which is available on request or via our website.

24. Amendments

We reserve the right to amend these Terms where necessary to reflect changes in law, regulation or business practice.

Any revised Terms will apply to new contracts, or to existing contracts where we are legally entitled to make such changes and have given reasonable notice.

25. Third Party Rights

A person who is not a party to the contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

26. Governing Law

These Terms and any contract between you and us shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising under or in connection with these Terms shall be subject to the jurisdiction of the courts of England and Wales.