GECA CODE OF FAIR TRADING

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A guide to client and specifiers who are engaging with GECA Members

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The below information is intended for those specifiers and organisations who have appointed or are considering appointing GECA Registered Members for any projects or work that they may have.

This code encourages good communication with the customer and gives guidance on matters such as

• STANDARDS OF WORKMANSHIP AND MATERIALS
• DESIGN
• COSTS
• GUARANTEES
• PAYMENT TERMS
• SETTLEMENT OF DISPUTES

The following information is in addition to, and shall not detract from, the customer’s legal and statutory rights.

1. Registered Members of the Ghana Electrical Contractors’ Association (GECA) undertake to act with courtesy and in good faith in all dealings with customers, to respect their privacy and property, and to comply with all laws and statutory regulations (particularly in matters of health and safety) relevant to the work undertaken for the customer. 2. This Code of Fair Trading reinforces that undertaking. It is in addition to the customer’s legal and statutory rights, and takes nothing away from them. 3. The GECA Registered Member will work in a competent and responsible manner with due regard to the standards set out in the GECA’s Guarantee of Work and Bond schemes, which are specific to electrical installation or maintenance work. GECA Registered Members are subjected to periodic technical assessments and are expected, at all times, to maintain the skills and knowledge appropriate to their trade. They will be responsible for any subcontractors, advisors and agents that they may use and will ensure that those also adhere to all relevant standards. Every GECA Registered Member must maintain Public Liability insurance for at least ₵1 million (or such other amount as the GECA Council may from time to time stipulate), as well as Employers’ Liability insurance to the extent required by law.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_column_text][/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][heading text=”Scope” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]4. This Code covers: a) Work falling within the scope of the GECA’s constitution, namely: installation, maintenance and commissioning of plant and equipment associated with the electrical installation engineering trade and ancillary trades. As well as: b) Related activities such as refrigeration, air-conditioning, piping, domestic engineering and energy management systems and other environmental services, forming an integral part of a particular package of work consisting mainly of the type of work listed in 4.a) above. Where any design is associated with the electrical installation engineering works or related activities, the GECA Registered Member will, insofar as such matters are the GECA Registered Member’s responsibility, use all reasonable skill and care in such design, the selection of materials and goods (excluding those specified by others) and the satisfaction of any performance specification or stated requirement. 5. It is in the interests of both the customer and the GECA Registered Member that all work of a complex nature and/or of substantial value should be carried out under a suitable standard form of contract (or subcontract) providing for (among other matters) effective dispute resolution procedures such as adjudication and arbitration.[/vc_column_text][vc_empty_space][heading text=”Advertising” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]6. All advertisements relating to the services or products of an GECA Registered Member shall be legal, decent, honest and truthful, in accordance with the recommendations in the current edition of the ‘Ghana Code of Advertising Practice’[/vc_column_text][/vc_column][vc_column width=”1/2″][heading text=”Work, Workmanship, Materials, and Standards” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]7. Workmanship and materials and the application of standards to the work shall comply with the current edition of the Regulations for Electrical Installations published by the Energy Commission, as well as relevant Ghana Standards Authority and relevant specifications and codes published by the GECA appropriate to the work or any part of the work; or else with the specification or standards specifically and freely agreed between the GECA Registered Member and the customer for the work. GECA Registered Members shall comply with the Sale of Goods Act and the Supply of Goods and Services Act or any similar legislation adding to, replacing or amending those Acts. 8. The execution of the work shall be carried out in a professional and workmanlike manner and all reasonable steps shall be taken to minimise inconvenience and disruption to the customer and to minimise the risk of injury to persons and damage to the property of the customer. 9. On completion, the work and working area shall be left clean and tidy. The agreement between the GECA Registered Member and the customer should make clear, preferably in writing, whether or not, and to what extent, the work includes making-good to any part of the customer’s property or decorations affected by the work. [/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Estimated Work” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]10. Where the work is the subject of an estimate: a) The estimate shall be in writing and state clearly if it is open for acceptance for any particular validity period, after which it is to lapse unless previously withdrawn. b) The customer shall have a clear description of the work either from the description provided by the GECA Registered Member or from the specification and any accompanying drawings provided by the customer, supplemented where necessary with information from the GECA Registered Member, including the question of making good as mentioned above. c) The estimated price shall be stated net and shall also make clear the method of payment expected and, where VAT is to be added, the fact that it will be so, at the appropriate statutory rate. d) The estimate shall state whether or not the price is firm for the work as described, (and if so, for what period) or if it is to be subject to fluctuations in the costs of labour and materials. Where the price is stated to be “firm” it may nonetheless, by the terms of the contract, be subject to any changes in relevant taxes, fees or charges imposed by central or local government or utilities undertakings, and to any qualifications in the estimate itself. The basis of any such likely changes and qualifications shall be clear and be drawn to the attention of the customer. e) It should be made clear whether interim or stage payments are expected, and if so, when. f) The customer should confirm acceptance of the estimate in writing.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Work not subject to an Estimate” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]11. In some cases a detailed, written estimate may not be possible, for example when work is undertaken in an emergency, or due to risk of physical injury or problems such as access, the work cannot be accurately surveyed. 12. Where the work is not the subject of an estimate, the GECA Registered Member shall use his best endeavours to do the work in the most economical way and to use his expert knowledge for the benefit of the customer. 13. The charge for work, which is not the subject of an estimate will normally be based on a charge for the labour for the time involved and the materials used, together with an appropriate allowance for overheads and profit. There may also be a call-out charge. All such charges shall be clearly stated in writing. 14. In order to provide advance notice to the customer about the likely cost of work not the subject of an estimate: a) In the case of emergency work the GECA Registered Member shall advise the customer before starting work of the basis of charging for the work including information about the charges for labour and materials and any callout charge, plus any VAT to be applicable at the rate ruling at the invoice date. Clear pricing information is essential, in writing if time permits. b) In the case of non-emergency work, the GECA Registered Member shall, where the cost of the work is likely to be substantial, discuss the matter with the customer before starting the work and try to indicate the likely cost, and its basis as above, preferably in writing. and its basis as above, preferably in writing.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Programme of Work” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]

15. Wherever practicable, the GECA Registered Member shall state the expected dates for the start and completion of the work and keep the customer informed of any variation from those dates. The customer shall also, where practicable, be given reasonable advance notice of any likely breaks in continuous working.

[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Payment” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]16. Once an offer has been accepted by the customer, and the contract agreed, the GECA Registered Member is under an obligation to carry out the work as stated in his offer and the customer is under an obligation to pay for the work on completion, subject to any other agreed arrangements for payment. 17. Any application or invoice rendered by the GECA Registered Member for payment on account shall represent a fair and reasonable valuation of the work done and materials delivered to site, up to the date of the application or invoice plus VAT as mentioned above.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Guarantees” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]18. The GECA’s Guarantee of Work Scheme and the GECA’s Bond provide the following assurances free of charge.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Guarantee of Work Scheme” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]The Scheme automatically guarantees all GECA Registered Members’ work subject to terms and Conditions and covers contracts in any calendar year up to a value of ₵50,000 including VAT and up to ₵100,000 including VAT for multiple contracts with the same customer.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Bond” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]The Bond, which also has its own terms and conditions, and is underwritten by an insurance company provides that if the GECA Registered Member’s employment is terminated for a Specified Reason, i.e. insolvency of the member or bad workmanship, then the Insurer will meet the additional cost of completion. [/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Bond Certificates” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]Bond Certificates[/vc_column_text][vc_column_text]Certificates of insurance incorporating the applicable limits, terms, conditions and exceptions to the Bond are issued to each GECA Registered Member company, and the customer or contract specifier is recommended to request a copy from the GECA Registered Member. In order to be valid, the Certificates must be signed by the GECA President and the Registered Member.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Scope” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]The Guarantee of Work Scheme and Bond each apply to electrical work carried out in Ghana. For full details of the scope, terms, conditions and exceptions that apply please ask the GECA Registered Member to supply copies of the current Guarantee of Work Scheme and Bond Certificate issued to them by GECA designated Insurer. 19. Where the Work incorporates materials which are subject to a separate manufacturer’s or other guarantee, the benefit of such guarantee shall be passed on to the customer by the GECA Registered Member. 20. Where the operation of a guarantee is conditional on appropriate use or maintenance of the installation by the customer, this shall be clearly stated in the terms of the guarantee.[/vc_column_text][vc_empty_space][heading text=”Dispute Resolution” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]26. If any matter covered by the facilities mentioned above cannot be resolved by mediation, it may optionally be referred to arbitration. The GECA will be happy to assist in drawing-up a suitable agreement. On this or any other problems contact the GECA Secretariat at the address or telephone number on our website.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_empty_space][heading text=”Communications and Complaints” tag=”h3″ align=”center” color=”#dd2727″][vc_column_text]21. Good communications are essential to avoid misunderstanding and potential disputes. The GECA Registered Member shall use his best endeavours at all times to keep the customer informed on all salient matters concerning the work. 22. It is most desirable that complaints should be settled amicably between the GECA Registered Member and the customer. In the event of any defect, complaint or problem, the customer should notify the GECA Registered Member in writing as soon as practicable. 23. The GECA Registered Member shall ensure that his staffs are familiar with a clear system for handling customer complaints. Each complaint shall be thoroughly investigated and promptly and courteously dealt with. Any work arising from a valid complaint shall be dealt with promptly. 24. Complaints about the time taken to do the job or the prices charged should first, if possible, be resolved through the procedures described in the relevant form of contract, if any. 25. If however any other matter cannot be resolved between the GECA Registered Member and customer, the GECA offers to customers: 25.1 In a case of alleged bad workmanship, appropriate inspection facilities, providing independent technical inspection of the Work against the “Relevant Standards” set out in the GECA’s Guarantee of Work Scheme; 25.2 In the case of some other complaint, a mediation facility. Contact: GECA Secretariat at the address or telephone number shown on our website. If following such an inspection the GECA Registered Member fails to put right any work which does not meet the “Relevant Standards” of the GECA’s Guarantee of Work Scheme, the Guarantee provides a remedy for customers to have defective work put right.[/vc_column_text][/vc_column][vc_column][vc_empty_space][/vc_column][/vc_row]