Terms & Conditions of Sale
Full Terms and Conditions of Sale
1. Application of Terms
(a) These Terms and Conditions of Sale apply to all contracts for the sale of goods by Switchgear Limited to you (the Customer).
(b) No variation to these terms shall be binding unless agreed in writing by an authorised representative of Switchgear Limited.
2. Product Information and Descriptions
(a) All Content, technical specification sheets, dimensions, and illustrations on our website are provided for informational purposes to give an approximate idea of the goods. They do not constitute a formal offer for sale.
(b) We reserve the right to make changes to product specifications, dimensions, and pricing at any time without notice prior to accepting an order.
3. Order Acceptance and Pricing
(a) Your order represents an offer to purchase goods. A binding contract is only formed when we issue an order confirmation email or dispatch the goods to you.
(b) Prices listed on the website exclude VAT and shipping charges unless explicitly stated otherwise.
4. Payment Terms, Card Payments, and Proforma Invoices
(a) Payment Methods: We accept payment via major credit and debit cards, as well as electronic bank transfers (BACS/CHAPS) against proforma invoices.
(b) Card Payment Security: All card payments are processed securely through our designated third-party payment gateway. Switchgear Limited does not store or access your full card details. Card payments must be successfully authorised by your card issuer before any goods are dispatched or manufacturing processes begin.
(c) Proforma Invoicing: Where a Customer does not hold an approved credit account with us, or where an order requires upfront settlement, we will issue a Proforma Invoice.
(d) Proforma Validity and Stock Allocation: Proforma Invoices are valid for a period of fourteen (14) calendar days from the date of issue. Goods will not be reserved, allocated, or prepared for shipment until the Proforma Invoice is paid in full and cleared funds are received in our bank account. If payment is not received within 14 days, the order will be cancelled automatically, and the stock released.
(e) Time of Payment: Payment shall be of the essence of the contract. No delivery will take place until cleared funds are received in full for the relevant order.
(f) Currency of Payment: All transactions, quotes, invoices, and payments must be made strictly in British Pounds Sterling (GBP). We do not accept foreign currencies. Any bank charges or currency conversion fees incurred during cross-border transfers are the sole responsibility of the Customer.
5. Title and Risk (Retention of Title)
(a) Risk in the goods shall pass to the Customer immediately upon delivery.
(b) Title and ownership of the goods shall not pass to the Customer until Switchgear Limited has received payment in full and in cleared funds (in GBP) for the goods and all other sums which are or which become due to Switchgear Limited from the Customer on any account.
6. Shipping, Carriage Charges, and Delivery
(a) Standard UK Shipping: We aim to ship ‘small parcel website orders’ placed before noon during Monday to Thursday on a next day basis. This only applies to small parcel orders under 10kg and is dependent on the delivery address being in mainland UK and subject to exceptions experienced by our courier service. We ship small parcels on a FedEx Priority service at a fixed charge of £10.00 (excluding VAT). Orders placed on Fridays, weekends or public holidays will be processed on a following working day.
(b) Pallets & Large Items: Oversized or heavy items (such as an Auto C/O Panels) requiring pallet delivery will incur additional carriage charges ranging from £65.00 to £125.00 (excluding VAT). Final delivery costs will be calculated and confirmed before shipment.
(c) Geographic Restrictions: We only ship to UK addresses and do not currently ship to Ireland or EU countries. Delivery to the Scottish Highlands, Western Isles, and non-mainland UK addresses will incur additional surcharges and extended delivery timelines.
(d) Delivery Liability: Our "Next Working Day" delivery is a target service only and is not guaranteed. We are not liable for delays caused by third-party carriers.
7. Cancellations, Returns, and Restocking Fees
(a) For commercial purchasers, returns for unwanted, correctly supplied goods are accepted entirely at our discretion. Returned goods must be sent at the Customer's expense and must arrive in a safe, fully re-saleable condition. Approved returns are subject to a minimum restocking and handling charge of 25% of the goods value to cover testing, repackaging, and administration.
8. Custom-Built and Modified Products
(a) Non-Cancellable and Non-Returnable: Where goods are custom-built, manufactured to specific Customer requirements, or modified from standard specifications (including, but not limited to, bespoke Auto C/o Panels, custom control switchgear, or pre-wired enclosures), the order is strictly non-cancellable by the Customer once manufacturing, component allocation, or modification has commenced. Such goods are completely exempt from the return and refund provisions outlined in Clause 7, save where the goods are verified as defective under the terms of Clause 9.
(b) Design Sign-Off: The Customer is solely responsible for ensuring that all technical specifications, wiring schematics, dimensions, and drawings provided or approved by them are accurate and fit for their intended purpose. Switchgear Limited accepts no liability for goods manufactured in accordance with details approved by the Customer that subsequently prove unsuitable for the installation environment.
(c) Engineering Design Revisions: Any request by the Customer for modifications or revisions to an engineering design or specification after initial sign-off or order placement will immediately void all previously agreed manufacturing timelines and delivery targets. Switchgear Limited will issue a revised estimated lead time based on engineering availability and components sourcing. The Customer shall be liable for all additional design engineering costs, component modification expenses, and scrapping costs incurred by Switchgear Limited as a result of the revision. No work will resume until the Customer approves the revised design, timeline, and associated costs in writing.
9. Warranty Framework for Industrial Components
(a) Warranty Period: We warrant that on delivery, and for a period of 12 months from the date of invoice (the "Warranty Period"), all industrial components shall match their specification, be free from material design defects, and be of satisfactory quality. This warranty applies strictly to the original purchaser and is non-transferable.
(b) Mandatory Certified Installation: This warranty is strictly conditional upon the goods being installed, commissioned, and tested by a fully qualified, competent, and registered electrician holding current certification with a recognized UK regulatory body (including, but not limited to, NICEIC, NAPIT, or ECA). In the event of a warranty claim, the Customer must provide valid documentary evidence of professional installation upon request. This includes copies of the relevant Electrical Installation Certificate (EIC) or Minor Electrical Works Certificate detailing the specific component's installation. Failure to provide this verification will immediately void the warranty.
(c) Exclusions: This warranty does not apply to any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow written installation instructions, unauthorized modifications, external electrical faults, power surges, or incorrect voltage supply.
(d) Third-Party Manufacturer Warranties: Where the goods supplied are branded products manufactured by a third party (including, but not limited to, ABB, Schneider Electric, Siemens, or similar manufacturers), the warranty provided is strictly that of the manufacturer. Switchgear Limited gives no independent warranty or guarantee regarding third-party branded products. The Customer is bound by the manufacturer's specific claims process and diagnostic verdict. Switchgear Limited will not issue refunds, credits, or replacements independently of the manufacturer's authorisation.
(e) Claims Process: If a defect is discovered during the Warranty Period, the Customer must notify us in writing within 5 working days, quoting the original invoice number. The component must be returned to our premises at the Customer's initial cost for engineering inspection. If a manufacturing defect is verified, we will, at our sole discretion, repair the item, replace it, or issue a credit note, and refund reasonable return carriage costs.
10. Limitation of Liability and Exclusion of Consequential Loss
(a) Exclusion of Consequential Loss: To the maximum extent permitted by law, Switchgear Limited shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect, special, incidental, or consequential losses or damages arising under or in connection with the supply of goods, their failure, or their use. Excluded losses include, but are not limited to:
• Loss of commercial profits or revenue;
• Loss of business opportunities, contracts, or production;
• Costs associated with facility, factory, or project downtime;
• Emergency contractor, technician, or third-party electrical labor fees;
• Damage to associated machinery, control panels, or facility infrastructure.
(b) Financial Liability Cap: Subject to clause 10(c), our total aggregate liability to the Customer in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be strictly limited to the net purchase price paid by the Customer for the specific individual component or component part that gave rise to the claim.
11. Force Majeure
(a) Switchgear Limited shall not be in breach of these Terms and Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under this contract if such delay or failure results from events, circumstances, or causes beyond its reasonable control.
(b) Such events include, but are not limited to: acts of God, flood, drought, earthquake, or other natural disasters; epidemics or pandemics; terrorist attacks, civil war, civil commotion, or riots; war or threat of war; armed conflict; nuclear, chemical, or biological contamination; sonic boom; collapse of buildings, fire, explosion, or accident; any law or action taken by a government or public authority; trade sanctions, embargoes, or export/import restrictions; national grid power failures or utilities blackouts; widespread raw material or manufacturing component shortages; and severe labor disputes or nationwide courier/carrier strikes.
(c) In such circumstances, Switchgear Limited shall be entitled to a reasonable extension of the time for performing its obligations. If the period of delay or non-performance continues for four (4) weeks, either party may terminate the affected contract immediately by giving written notice to the other party, without liability.
12. Governing Law
These Terms and Conditions of Sale and any dispute or claim arising out of them shall be governed by and construed in accordance with English law. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.