DEFINITIONS

1. “Client” means the individual or organisation who buys or agrees to buy goods or services from the Contractor and who will be responsible for all payments to the Contractor unless otherwise notified in writing prior to commencement.

2. “Contractor” means RC Joinery & Building Services.

3. “Contract” means the contract between the Contractor and the Client for the purchase of goods and services incorporating these Terms and Conditions.

4. “Goods” means the articles that the Client agrees to buy from the Contractor.

5. “Services” means the provision of services by the Contractor.

6. “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Contractor.

CONDITIONS

1. Nothing in these Terms and Conditions shall affect the Clients statutory rights as a consumer.

2. Any variation to these Terms and Conditions, including any special terms and conditions shall be agreed by negotiation between the Contractor and Client and confirmed in writing.

3. Any errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information used by the Contractor can be corrected in consultation with the client provided that the correction does not materially affect the contract.

4. Acceptance of the Quotation (fixed cost) or Estimate (costing where there are items clearly highlighted and agreed as a contingency sum / To Be Confirmed) means that the Client has read and understood the terms and conditions set out below.  Any queries should be clarified before the job specification and associated costings (referred to here as The Contract) are accepted and The Works (the work referred to in The Contract) have begun.

PRICE AND PAYMENT

1. Payment of the total price of the Contract less any installments paid shall be made to the Contractor after completion of the Contract and no later than 7 days of invoice date. The Client shall not be entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the Contract sum.

2. The Client will pay the Contractor interest of the rate of 5% per month interest on all outstanding sums from the due date until payment. The Contractor reserves the right to withdraw from the site if any contract payment schedule is not adhered to.

3. In addition a £50.00 administration charge will be added to each subsequent invoice, limited to one per month. The Contractor, reserves the right to enforce late payment charges in accordance with our terms and conditions.

4. An initial installment payment may be required and payment of the balance in full will be required on satisfactory completion of the contract. Any non-standard items will require a non-refundable payment in full before commencement of the contract.

5. Prices in the quotation or estimate will remain valid for a period of 14 days after the date of the quotation/estimate. Acceptance before that date will ensure no increase in the cost of works specified in the quotation. If the cost to the Contractor of carrying out the Contract is subsequently increased by reason of increases in the cost of materials, labour and any other factor outside the control of the Contractor, then the Contractor shall notify the Client before undertaking any work to which the increase will apply and the Client may require the Contractor to discontinue the work and shall pay the Contractor only for the work carried out.

6. The cost of additional goods or services ordered by the Contractor on behalf of the Client will be agreed in writing and subject to the payment conditions detailed above. Any additional work requested which is not specified in writing within this Contract will only be carried out if a new Contract is entered into with the Contractor. No liability can be accepted for alterations to the works as shown in the Contract, unless agreed in writing.  A charge will be made for any additional works carried out, on instruction from the Client, and not specified in the Contract.  Additional labour will be charged by the hour. Additional materials shall be quoted for and agreed to, before these added works are undertaken. 

7. Title and ownership of materials and equipment will not pass to the Client until payment has been received in full. Legal proceedings may be taken to recover materials and equipment unpaid for.

8. The Client can cancel the Contract with reasonable notice and in negotiation with the Contractor. If the Client cancels the Contract they agree to pay any losses and costs the Contractor suffers because of the cancellation. The Contractor can cancel the Contract with reasonable notice and in negotiation with the Client.

9. Acceptable methods of payment include cash, bank transfer or credit card (3% surcharge).

GENERAL CONDITIONS

The Contractor

1. The Contractor agrees to use materials that are suitable for the intended purpose. All materials remain the property of the Contractor until the Contract is completed. If for any reason beyond the Contractors reasonable control the Contractor is unable to supply a particular item, the Contractor will notify the Client. With the agreement of the Client the Contractor will replace it with an item of superior standard and value.

2. All materials surplus to the contract will remain the property of the Contractor and will be removed upon completion of the contract.

3. The Contractor will carry out work in accordance with Health and Safety regulations and will take all reasonable steps to minimise environmental disturbance, nuisance and pollution.

4. The Contractor will carry out and complete the works detailed in the contract in a good, timely and workman like manner.

5. The Contractor will not accept responsibility for damage to the Clients premises arising from third parties employed directly by the Client. The Client will be liable for any damages to works and or delay caused by third parties employed directly by the Client.

6. The Contractor cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.cannot accept responsibility for damage to local statutory services i.e. gas, electrical cables, water and drainage as notice should have been given on their locations prior to work commencing.

7. Timber is a natural product, therefore there is always colour differentials within the wood and whilst every effort is made to ensure the colour/grain/texture matches with other timber, tolerances will have to be allowed for.

8. Unless otherwise stated, staining, spraying or painting of joinery items is not included in the estimated or quoted price.

9. Whilst every attempt is made to eliminate the expansion of external joinery items such as gates, doors and windows by allowing a certain amount of clearance, the Contractor is not liable for any expansion or swelling of these items.

The Client

1. The Client confirms that the site is free from known hazards or obstructions, which are not discoverable upon visual inspection of the surface of the site or made known in writing by the Client to the Contractor prior to submission of a quotation. The Contractor cannot be held responsible for any unforeseeable or unknown obstructions below ground and any reasonable additional costs incurred by the Contractor as a result of unforeseen or unknown hazards or obstructions will be agreed with the Client in advance. If the Client is aware of unseen obstructions they must notify the Contractor prior to acceptance of a quotation.

2. The Client confirms that the site is free from any known hazards which are not discoverable upon visual inspection of the surface of the site. Should the Client be aware of any such hazard then he shall notify the Contractor in writing at the earliest opportunity. If, following acceptance of the contract, the Contractor discovers any obstruction or hazard which was not reasonably foreseeable this will be deemed to be a factor outside the control of the Contractor.  Should the Client not agree to any reasonable variation to the Contract made necessary by an unforeseen obstruction or hazard in order to complete the contract and to satisfy and Health and Safety requirements, then the Contractor will be entitled to discontinue the work with immediate effect and the Client will pay the Contractor only for work carried out.

3. The Client will make available reasonable secure storage space for the duration of the works.

4. The Client must provide reasonable access to mains electricity, water and toilet facilities on the site. The cost of providing electricity and water will be borne by the Client.

5. The Client shall ensure that the Work Area is kept clear of personal items, furniture, fixtures and fittings and out of use for the duration of the Job unless otherwise directed by the Contractor.

6. The Contractor asks for parking permits or parking costs for vehicles attending the job site in connection with The Works and these costs will be charged in addition to the Contract sum, on completion of The Works.

7. Responsibility for all works carried out and/or materials delivered to site shall be at the Client’s risk from delivery.

8. The Client will allow the Contractor access to the site within the agreed working hours and throughout the stated time period.

9. If the Client is required to provide measurements to the Contractor, the Contractor shall not be responsible for any inaccuracies which may result. If additional work is required to make up for a shortfall in measurements, the Contractor shall charge the Client accordingly.  If there is an excess of materials due to excessive measurements the Contractor shall not reimburse the Client for such excess.

CONSENTS

1. The Client needs to ensure they have obtained all permissions, given all notices and paid all fees required under any regulation or bylaw of any local authority/statutory undertaker/other authority having any jurisdiction with regard to the Works unless request has by made to the Contractor to carry this out on your/the client’s behalf. You/the Client shall indemnify the Contractor against any claim/proceedings/loss or expense resulting from you/the Client failing to gain permissions/give notices/pay fees required in whole or in part. the Contractor will agree with the client, where appropriate, permissions that they will seek on behalf of the Client. The Client is also responsible for confirming ownership of land to be worked upon.

DELAYS

1. The Contractor will give the Client an estimate of the duration of the contract but shall not be liable for any delays for any reason whatever that are beyond the Contractor’s reasonable control such as adverse weather or adverse or difficult site conditions not reasonably foreseen by the Contractor. In any such circumstances the Client and Contractor will negotiate an agreed extension of time.

2. If the Client wishes to delay the Contract they must notify the Contractor within seven days of the commencement of the contract.

DECORATION

1. Whilst all due care will be taken, The Contractor cannot be held responsible for any cracking or damage that may occur by movement or vibration in the structure during the course of the works.

2. Whilst all due care will be taken, The Contractor cannot be held responsible for dust/dirt that may be caused during the period of our work, nor can we be held responsible for any damage caused to personal items left within our ongoing work area. These should be removed/relocated or covered before arrival on site.

3. In the case of a defect arising after delivery resulting from timber movement or goods that materially deviate from the description or specification applicable to them occurring within 3 months of delivery, you should notify us in writing, within 14 days of the defect becoming apparent, supplying full details of any defects or failure to conform or timber movement.  We will then rectify or replace any defective goods or goods that materially deviate from the description or specification applicable to them, provided that the we are be given reasonable access to the goods to inspect them and rectify any such defects.

4. Our quotations/estimates do not include internal or external decoration, unless otherwise stated.  All external woodwork, doors and windows should be knotted and primed immediately if this has not been allowed for in our quotation and carried out during the manufacturing process. Doors, windows and all other woodwork should be sealed (painted or varnished) within two weeks of fixing. This is particularly important when putty is used for single glazing applications to prevent cracking.  The Contractor recommends the services of a professional decorator.  A typical finish may include: A shellac knotting, an oil based wood primer, One / two coats of oil based undercoat and One / two oil based top coats

5. The Contractor cannot guarantee and will not be held responsible for joinery rotting, warping, twisting or shrinking unless the above is adhered to.

6. The Contractor shall be under no liability whatever to any party for any indirect loss and/or expense (including loss of profit) suffered by the client arising out of a breach by us of this contract.

COMPLAINTS

1. Any complaint that the Client has arising from the Contract works must be reported to the Contractor in writing within reasonable time of discovery of the problem. The Contractor will properly investigate any complaint received and if the Contractor’s work is deemed to be faulty then the Contractor is liable to conduct extra work as deemed sufficient to remedy the fault at no charge to the Client.

2. The Contractor cannot accept liability for any defects to the Works caused by summer drought, landslip, tree root damage, water deprivation, ground heave and severe weather conditions. 

COPYRIGHT

1. All original designs, drawings, specifications, photographs and written material remain the property of the contractor. The Contractor reserves the right to use any such material for promotional purposes or for any other purpose, unless the Client has purchased the copyright.

THIRD PARTIES

1. No work by the Contractor is intended to confer a benefit on any third party for any purpose.

FORCE MAJEURE

1. The Contractor shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances out of reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of materials from a natural source of supply and the Contractor shall be entitled to a reasonable extension to its obligations.

GOVERNING LAW AND JURISDICTION

1. This Contract is governed by the law of England where the Contract is located in England or Wales and by Scots law where the Contract is located in Scotland.

CHANGES TO CONTRACT AND TERMS AND CONDITIONS

1. The Contract will only be varied with the Client’s consent. The Client is entitled to cancel the Contract if the Contract is varied and the variations are not acceptable to the Client.

PRIVACY

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

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