What and arxse hole...

[Octopus]

Were your T&C's in with the quotation he received?

no! But I suspect he has now read them.....

 

[Midwest]

Ohh, apologies attributed post made by someone else to you.

 

[Geordie Spark]

Staged payments are mentioned, as are materials remain the property of .......

A retention of title clause (also called a Romalpa clause in some jurisdictions) is a provision in a contract for the sale of goods that the title to the goods remains vested in the seller until certain obligations (usually payment of the purchase price) are fulfilled by the buyer.

(Thanks Wikki)

 

[Geordie Spark]

Lotsa Templates for T & Cs here >>>>>>>>>> https://www.google.co.uk/search?q=t...-8&oe=utf-8&gws_rd=cr&ei=KTGYVpnaGIf7apyskcgH

 

[plugsandsparks]

I have been burned by trades in the past and as a customer I can see exactly what he is saying and why. I almost always, like 99%, invoice on completion.

My suggestion fwiw is to advise the client to have around X in cash ready on y date and when completed hand over the cert at the same time as having the cash in your hand. Like buying a car......... Obviolusly cert does not get handed over unless cash is coming the other way.

Next time - make your mind up... stage or invoice on completion,

 

[Midwest]

This might be controversial; I recall reading somewhere.....you cannot withhold your EIC/MW certificate until you receive payment. To comply with BS7671, installations require a form of certification, and forms part of the installation. So if you go into litigation, it could be construed you have not completed your contract with your customer.

Course that would have to be argued in court. In the meantime, you could say your get it when you pay.

 

[tomspark93]

But part p certification is ultimately down to the customer and you could therefore not notify the job until paid.

 

[Octopus]

This might be controversial; I recall reading somewhere.....you cannot withhold your EIC/MW certificate until you receive payment. To comply with BS7671, installations require a form of certification, and forms part of the installation. So if you go into litigation, it could be construed you have not completed your contract with your customer.

Course that would have to be argued in court. In the meantime, you could say your get it when you pay.

I think thats a line peddled by the NICEIC.

Presentation of the certificate is what is agreed between the customer and installer IMHO.

I don't think he knows the difference between the cert and Part P - so I can submit the cert and not do the notification until he pays

 

[Midwest]

I think thats a line peddled by the NICEIC.

Presentation of the certificate is what is agreed between the customer and installer IMHO.

I don't think he knows the difference between the cert and Part P - so I can submit the cert and not do the notification until he pays

Not sure about NIC, but reg 631 is pretty clear. Seem to remember my scheme say the notification can be submitted within 30 days, enough time for the cheque to clear!

 

[Octopus]

Not sure about NIC, but reg 631 is pretty clear. Seem to remember my scheme say the notification can be submitted within 30 days, enough time for the cheque to clear!

Hum... not got my BYB to hand, but I think that if the cert has to be provided, that gives the upper hand to twxts to take the pxss!

 

[Andy78]

Hum... not got my BYB to hand, but I think that if the cert has to be provided, that gives the upper hand to twxts to take the pxss!

Just doing a quote this morning so sat at the desk, here you go.

631.1 Upon completion of the verification of a new installation or changes to an existing installation, an EIC based on the model given in appx 6 shall be provided ... blah blah accompanied by SOTR and SOI etc


Personally I would hand over the cert as requested and play the guy at his own game. You have it in an email that he will pay on completion so don't give him any reason to claim the job is not complete. As you say, you can always hold off on notification.

 

[Octopus]

Just doing a quote this morning so sat at the desk, here you go.

631.1 Upon completion of the verification of a new installation or changes to an existing installation, an EIC based on the model given in appx 6 shall be provided ... blah blah accompanied by SOTR and SOI etc


Personally I would hand over the cert as requested and play the guy at his own game. You have it in an email that he will pay on completion so don't give him any reason to claim the job is not complete. As you say, you can always hold off on notification.

thanks. So does that mean we can with hold mwc's

 

[Andy78]

thanks. So does that mean we can with hold mwc's

Ha ! Yeah it's worded pretty badly (who'd a thunk it ?) definitely says an EIC though...

631.3 says a MEIWC can be used as an alternative to an EIC where work does not not extend to new circuits

 

[Spoon]

As Andy has said, "You have it in an email that he will pay on completion so don't give him any reason to claim the job is not complete."
When you have done the job and the only thing you have to do is give him the cert, get him to confirm by email everything is complete, except for receiving the cert, before you give him the cert. That way when you give it to him he then can't state that its not been completed properly.

 

[Octopus]

UPDATE:

I took on board all the comments about the situation and sent this email:

"Hi xxxxxx

I was more than a little surprised to read your “aggressive” response to my email.

When I was last at the flat before Christmas, the time scales seemed more than a little vague and from previous experience I did not want to get caught out with a “final” invoice on a job where my completion could be held up by other people and outside my control.

I have no problem completing the tasks in the week commencing the 1[SUP]st[/SUP] Feb – in fact that suits my current commitments nicely. When I complete a job, I always provide the certificate with the invoice and I look forward to receiving payment “in exchange” .

I appreciate your planning and keeping the trades “apart” but I do fear that fixing down the floor boards at this stage may be premature as I’ve not looked at the cabling for the kitchen sockets in any way. In the kitchen there is the “above counter” fused spur to add for the outside light and also the cable to be run for the under cupboard lights from the right of the hob to the left of the hob – it may be easier to do this by running the cable back into the loft and back down again. If my memory serves me correct there is also the question of the addition of the socket in the lounge to be done to

Best we have a site meeting ASAP – how would 10am on Monday fit with you?"

and his response was:

"Mon @ 10am is fine."


Will keep you posted!

 

[Midwest]

Just don't pin him up against the wall and shout 'Show me the money!'

 

[Octopus]

Just don't pin him up against the wall and shout 'Show me the money!'

Not going to do that - he's bigger than me!

BUT some nails under the tyres of his range rover might be useful

 

[ruston]

Just don't pin him up against the wall and shout 'Show me the money!'

You mean with his team?

 

[Midwest]

Arrgh, see where he gets the name of Murdoch now!

 

[Octopus]

Arrgh, see where he gets the name of Murdoch now!

Hum no.

Murdoch was the name of the cat we had when I joined the forum. Murdoch (the cat) was named by my kids after a Thomas the tank engine character!