The following terms and conditions (The Conditions) are the terms on which Terence Cudworth Joinery Ltd sells products and/or provides a joinery service (The Goods) and supersedes all other terms and conditions relating to the subject matter of these Conditions, apart from further or altered conditions specified in individual estimates or quotations:
At all time Terence Cudworth Joinery Ltd or any employees or company undertaking work on behalf of Terence Cudworth Joinery Ltd will uphold good manners at all times.
Any tools to be used comply with any currant/relevant safety regulations.
All electrical tools a compliant tested regularly.
It would be appreciated if customers do not move or touch pickup or interfere with any tools that may be on the customer’s premises. Any tools to be used may be very sharp and may course injury.
The customer will not interfere with work in progress at any time unless invited to do so by Terence Cudworth Joinery Ltd or any employees or any company undertaking work on behalf of Terence Cudworth Joinery Ltd. This is to reduce any possible injury that may occur by any such distraction and to maintain a safe working environment for all staff and for the customer safety.
At all times the customer will be expected to uphold good manners and not interfere with any works in progress. Any abuse directed or threats directed to Terence Cudworth Joinery Ltd or any employees or any company undertaking work on behalf of Terence Cudworth Joinery Ltd may render all works under the terms and conditions null and void and 4.5 may be implemented.
1. PRICE AND PAYMENT
1.1. The price for the Goods (The Price) shall be the price as stated on the quotation or estimate provided by Terence Cudworth Joinery Ltd or such other price as the parties may agree in writing or orally.
1.2. For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the Price shall be made by the Customer upon delivery of the goods.
1.3. For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, the Customer shall make payment in full on the same day has work is completed.
1.4. Where a prearranged 30 day payment is offered by Terence Cudworth Joinery Ltd for an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, the Customer shall make payment of the price within 30 days of the date of the invoice.
1.5. Terence Cudworth Joinery Ltd understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
1.6. Whilst Terence Cudworth Joinery Ltd is pleased to undertake insurance work, this is only done on the understanding that the Customer is responsible for paying Terence Cudworth Joinery Ltd invoice, not the insurance company. Terence Cudworth Joinery Ltd may need to deal with insurance companies direct where applicable.
1.7. The Customer should understand that, for all orders over £1000, a credit check and public record search might be made, the Customer will be asked for written consent for this.
2.1. Any quotation provided by Terence Cudworth Joinery Ltd shall be valid for acceptance by the Customer for a period of 1 month from the date of the quotation, and Terence Cudworth Joinery Ltd shall be required to accept an order based on the quotation within this 1 month period.
3.1. All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by Terence Cudworth Joinery Ltd or as otherwise expressly agreed in writing or orally.
3.2. Any order for Goods sent by the Customer to Terence Cudworth Joinery Ltd shall be deemed to be accepted subject to the Conditions contained herein.
3.3. Each order for Goods accepted by Terence Cudworth Joinery Ltd shall be deemed to be an individual legally binding contract between the parties.
4.1. The Customer shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.2. Terence Cudworth Joinery Ltd shall not be liable to the Customer or be deemed to be in breach of the Conditions by reason of any delay or failure in a supply and sale or in installation work if the delay or failure was due to any cause beyond Terence Cudworth Joinery Ltd reasonable control.
4.3. All risk in the Goods shall pass to the Customer upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.4. If Terence Cudworth Joinery Ltd is unable to deliver the Goods for reasons outside its control Terence Cudworth Joinery Ltd shall be entitled, at the Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered. For example the customer has not got access for the goods to be delivered or work to be carried out. Or the customer is not in a position for delivery or work to commence.
4.5. Any cancellation of an order must be sent by the Customer to Terence Cudworth Joinery Ltd in writing. The Customer is liable to be charged for any materials ordered or work completed for an order at the time of cancellation.
5. TITLE TO GOODS
5.1. Terence Cudworth Joinery Ltd warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 5.2.
5.2. Notwithstanding delivery, title in the Goods shall not pass to the Customer until Terence Cudworth Joinery Ltd has been paid in full for the Goods. Nothing in this Clause shall prevent Terence Cudworth Joinery Ltd from raising an action against the Customer for payment of the Goods.
5.3. The title of any unwanted items removed by Terence Cudworth Joinery Ltd as debris or rubbish from the Customer’s property is to be disposed of by the customer where applicable.
5.4. Any unwanted items removed by Terence Cudworth Joinery Ltd as debris or rubbish from the Customer’s property that needs to be disposed of by Terence Cudworth Joinery Ltd may be chargeable.
5.5. The title of any unwanted items removed by Terence Cudworth Joinery Ltd for recycling from the Customer’s property transfers immediately to Terence Cudworth Joinery Ltd.
6. DAMAGE IN TRANSIT
6.1. Upon serving notice within 24 hours of delivery to Terence Cudworth Joinery Ltd, the Customer shall be entitled to replacement Goods if Terence Cudworth Joinery Ltd is reasonably satisfied that the Goods have been damaged during transportation arranged by Terence Cudworth Joinery Ltd.
8. LIMITATION OF LIABILITY
8.1. Subject to Terence Cudworth Joinery Ltd liability under Clause 5 and subject to Clause 11 Terence Cudworth Joinery Ltd shall not be liable to the Customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods.
8.2. Subject to this Clause 8 and Clause 11 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Terence Cudworth Joinery Ltd grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
8.3. Subject to Clause 11 the liability of Terence Cudworth Joinery Ltd under this Agreement howsoever arising shall not exceed the Price.
9. JOINERY WORK
9.1. For a “supply only” sale, the Customer is responsible for the accuracy of sizes requested. Any amendments to joinery items ordered due to inaccurate sizes will be charged for.
9.2. 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, Terence Cudworth Joinery Ltd is not liable for any expansion or swelling warping/twisting of these items.
9.3. All external joinery items are dipped in preservative upon completion or during manufacture. Whilst this treatment reduces the possibility of rot and insect attack, it cannot eliminate this possibility entirely. Hence Terence Cudworth Joinery Ltd guarantee in Clause 7 does not cover rot and insect attack of joinery items.
9.4. Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.
10.1. Nothing in these Conditions shall be construed so as to exclude or limit the liability of Terence Cudworth Joinery Ltd for breach of the warranties contained in Clause 5 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Terence Cudworth Joinery Ltd and the Customer for the sale and purchase of the Goods incorporating these Conditions.
10.2. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of Terence Cudworth Joinery Ltd for death or personal injury as a result of Terence Cudworth Joinery Ltd fraudulent misrepresentation, negligent actions or those of its employees or agents.
11. GOVERNING LAW AND JURISDICTION
11.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.