Under these terms and conditions the contractor (Heartwood Joinery and construction) agrees to supply the customer with the goods and services set out in this agreement.
1. OUR CONTRACT AND ORDER DETAILS
1. This sets out the terms and conditions of the contract between Heartwood Joinery and Construction and the customer. If there are any issues with these it should be brought up with the company before accepting quotes to discuss options available.
2. CONTRACT FORMATION
2.1. Acceptance of Heartwood Joinery and construction quotation by yourself constitutes a contract for us to carry out the works in accordance with these conditions and all terms and conditions inconsistent with these conditions are excluded.
3. HEARTWOOD OBLIGATIONS
3.1. Heartwood Joinery and Construction will exercise extensive skill and care into the performance of every job.
3.2. Heartwood Joinery and Construction will take every reasonable precaution to avoid damage to the premises whilst working with construction equipment and materials. The customer must accept Heartwood is not liable for any minor damages.
4. CUSTOMER OBLIGATIONS
4.1. Any agreed means of access to and from the area of work is uninhibited and safe. I.e. clear routes, safe and secure scaffolding, uncluttered loading decks etc.
4.2. The customer will give Heartwood access to their premises (and where required mains water and electricity) as reasonably required by Heartwood to enable them to carry out and complete the works without interference from the customer.
5. SUBCONTRACTING
5.1. Heartwood Joinery and Construction may sub-contract or assign at its discretion all or any part of its obligations under this contract but will remain responsible for the works.
6. DELAYS TO THE WORK
6.1. If work is delayed or interrupted due to the fault of the customer then Heartwood Joinery and Construction will be entitled to payment for any direct losses incurred.
6.2. The customer must ensure that the working area is occupied exclusively by Heartwood as other trades working in the same area may cause chargeable delays.
6.3. All agreed preparation works must be complete and to a satisfactory standard in readiness for us to start the agreed tasks. Failure to do so may cause delay/extra work and may incur extra charges.
6. CONSEQUENTIAL LOSS
6.1. Heartwood Joinery and Construction will not be liable for any loss or consequential liability or damage sustained by the customer by reason of Act of God, War, Riot, Fire, Government Control, Abnormal Weather, Altered / Late / Incomplete Instructions from the customer, delays in obtaining any materials supplied or specifically specified by the customer, by misuse from the customer or any Persons not connected in any way to Heartwood or any other circumstances beyond Heartwoods control.
7. COMPLETION DATE
7.1. Heartwood Joinery and Construction will make every reasonable effort to complete the Works within the timeframe specified.
7.1.1. This date will be extended to take account of:-
7.1.2. Any delays or absence in receiving instructions from the customer regarding the works or any changes to the works.
7.1.3. Adverse weather conditions.
7.1.4. Heartwood Joinery and Construction having due cause to suspend the Contract.
7.1.5. Extra work being carried out at the request of the customer.
7.1.6. Any other delay not under the control of Heartwood.
8. PRICE AND PAYMENT
8.1. The price charged for the goods and services will generally be as stated on the quotation. In some circumstances where the Survey Report reveals more work than anticipated necessary increases in price will be applied. In these circumstances, there will be clear communication of the updated price in order for you to make an informed decision to continue to works or to cancel with no penalty. If problems revealed by the Survey are severe enough that Heartwood conclude that the obligation to you cannot be met the works can be cancelled without penalty and any deposits will be refunded.
8.2. Heartwood will accept payments by Cheque, Bank Transfer and Cash. Ownership of the goods supplied will not pass to you until full payment has been received in one of the afore mentioned methods.
8.3. Cash payments above the UK equivalent of €15,000 will not be accepted, in line with money laundering regulations.
8.4. No receipt other than your final invoice will be issued unless a written request is received.
8.5. Outstanding payments which are overdue will incur interest at an annual rate of 8% plus the current base rate and will be charged daily until payment is made in full. This condition also applies to dishonoured cheques in which an additional fee of £25.00 will be charged per cheque.
8.6. Invoices will be issued by Heartwood Joinery and Construction on completion of Contract/Stage whichever comes first. If paying in stages the following will apply:
8.6.1. Stage 1 payment (Commencement of Works) will be due on the starting date of works.
8.6.2. All other stage payments become due within seven (7) days of your receipt of final invoice.
8.6.3. The final balancing payment will be due within fourteen (14) days of final invoice and satisfactory completion.
8.7. If an invoice is queried in accordance with this article and the customer for whatever reason refuses to pay, they must give advance notice of the reasons in writing prior to the payment becoming due.
8.8. Heartwood joinery and construction shall be entitled to bring an action against the customer for the price of any goods and/or materials supplied under this agreement even if title in them has not passed.
8.9. In the event of the customer failing to make any payment due under the terms of this agreement or otherwise defaulting in any of their obligations hereunder or becoming insolvent or having winding up proceedings (whether compulsory or voluntary) commenced against them then Heartwood may at our discretion suspend or terminate the supply of any goods and/or services or terminate this agreement and recover any reasonable losses from the customer.
8.10. Where the customer consists of two or more people then liability on the part of the customer under this agreement shall be deemed to be joint and several.
9. STOPPING WORK
9.1. If a customer cheque is unpaid by the bank Heartwood Joinery and Construction reserves the right to cease further works for up to 10 days until cleared funds are received. If after 10 days payment has still not been received Heartwood joinery and construction reserves the right to end all works immediately. If the job is ended in this manner Heartwood Joinery and Construction will be entitled to payment for any costs incurred in ending the Works including any loss of profit which would have been expected had the Works been completed in full.
10. CANCELLATION
10.1. The customer and Heartwood have the right to cancel this Agreement in writing within fourteen (14) days following the date of acceptance of this Agreement without obligation and any money paid to Heartwood will be returned. Should you want to cancel your order you must do so by sending a written notice/Email to Heartwood Joinery and Construction, 21 Rufford Road, HD3 4RR. Please outline why you wish to cancel and include relevant details such as quotation number and order date. We strongly advise that you send any request to cancel by recorded delivery.
10.2. If you wish to cancel your order after fourteen days (other than in accordance with the above terms because of a price change after survey) we may apply a charge to cover costs we have incurred at the time of cancellation. For guidance purposes only, if:-
10.2.1. We have not ordered any custom made components. You will lose your booking deposit as this will cover our cumulative costs. This is usually between 5-10% of the value of the Contract. These costs cover marketing, sales, administration and surveying costs.
10.2.2. Heartwood has ordered non-returnable components. You will be charge what the suppliers charged Heartwood originally. Generally this can range between 20-50% of the Contract price.
10.2.3. The goods have been supplied and installed; costs will be 100% of the Contract price.
10.2.4. In the instance where you have requested work start before the fourteen day period is fulfilled then you will be liable to pay for any work already performed.
11. BUILDING REGULATION APPROVAL OR PLANNING PERMISSION
11.1. Unless otherwise agreed the customer is responsible for obtaining all necessary Building Regulations approval and to apply for and secure the grant of Planning Permission if required. The customer will be liable to pay Heartwood Joinery and Construction for any losses and additional costs incurred if the customer fails to do this.
11.2. Heartwood Joinery and Construction will be responsible for contacting Building Control to organise inspections of the work.
11.3. Any plans or specifications that form part of the description of the Works are attached and have been signed by or on behalf of the parties and form part of this Agreement. It is the customer’s responsibility to ensure that the specifications in their drawings comply with planning and building regulations and any other legal requirements, and that they are of sufficient quality to enable Heartwood joinery and construction to complete the works. Heartwood’s responsibility is purely to work to the specifications provided. It is Heartwood’s responsibility to ensure that any documents they produce are fit for the intended purposes.
11.4. If the property where work is to proceed is within a Conservation Area you may require Planning Permission to install the products and you are strongly advised to contact your Local Authority for clarification.
11.5. If you are a tenant/leaseholder, you will be responsible for obtaining any required permissions from the owner/freeholder of the property.
12. INSTALLATION
12.1. Heartwood will use our best endeavours to install the goods on or as close to the date agreed, but are not responsible if there is a delay due to matters beyond our reasonable control such as adverse weather.
12.2. Heartwood will endeavour to install your goods within twelve weeks of signing this agreement, unless you have specifically requested a fitting date of over twelve weeks from the date of signing this agreement and a mutual agreement has been made. In the event that installation of your goods within the specified time has not ensued then you may serve notice on Heartwood in writing requiring that the works be completed within such a reasonable period as you specify (in general six weeks is accepted as reasonable). If the work is not completed within such notice period, you may without penalty cancel the uncompleted work covered by this agreement by service of a written notice to that effect. Notwithstanding the above we shall not be liable for any delay in the completion of the works which arises from causes beyond the reasonable control of this company or where a customer has acted so as to prevent completion of the works.
12.3. You are responsible for removing and reinstating all objects on or adjacent to the areas where we are to install goods.
12.4. Whilst Heartwood will take great care to cause minimum disruption to your home, it is inevitable that during installation, there may be some localised damage to the external building fabric of your property; Heartwood is not liable for this damage so far as it is reasonable.
13. VARIATION
13.1. If the Customer wishes to vary any of the works they need to inform Heartwood who will, as soon as practicable, notify the customer of the estimated cost of the variation and the effect on the contract period.
13.2. Unless the customer withdraws their request for a variation when they receive Heartwood’s estimate, Heartwood’s Price will be adjusted in accordance with the estimate (or as otherwise agreed between the customer ) and an appropriate extension of time for completion of the Works shall be agreed.
13.3. If a variation is made orally, either Heartwood or the customer will confirm it in writing within 3 working days.
13.4. Heartwood Joinery and Construction will notify the Employer if any difficulties are encountered that could not have been reasonably foreseen when submitting the Quotation and in those circumstances, a fair and reasonable adjustment to the Contract Price and/or Contract period will be made. Unforeseen encounters include the following:
13.4.1. Discovery of damaged sub structure which needs repair or replacement.
13.4.2. Changing weather conditions preventing or restricting working hours.
13.4.3. Delays caused by theft or damage to plant machinery or materials.
13.4.4. Delays caused by the customer or by other contractors on the customer premises that prevent Heartwood Joinery and Construction from completing the work will be subject to a charge of £25 per tradesman for every hour of delay.
13.4. Heartwood reserves the right not to comply with any requests for a variation which would increase the value of the Works by more than 25% of the original Contract Price.
14. MATERIALS AND SERVICE WARRANTY
14.1. Heartwood will always endeavour to provide the best quality materials. However, if within 12 months of installation (or longer if an extended product warranty is available) you notify us in writing of a material defect, we will replace or repair any defective part at our expense so long as you produce a valid warranty certificate (if applicable) and the installed goods have been reasonably cared for as outlined in the warranty documents. This guarantee does not extend to;
14.1.1. The general maintenance of timber products
14.1.2. Damage due to misuse, neglect, or from causes beyond our control (for example, fire, flooding, civil disturbance, criminal damage or acts of war).
14.1.3. Nothing in these conditions will reduce your Statutory Rights relating to faulty or mis-described goods. For further information about your Statutory Rights contact your local authority Trading Standards department or Citizens Advice Bureau.
14.2. If you wish to transfer any material warranty (if manufacturer allows this) to a new purchaser of your home, Heartwood are content to do this subject to the goods having been kept in good condition. Heartwood reserves the right to inspect any installation prior to agreeing transfer.
14.3. For a period of 6 years following installation Heartwood will remain responsible for any faults in the workmanship (other than wear and tear) which are caused by them.
15. HEALTH & SAFETY
15.1. Heartwood Joinery and Construction will be responsible for the Health & Safety issues relating to the Works.
16. DATA PROTECTION
16.1. Heartwood will use your personal data to process your order and fulfil all obligations to you under this agreement, and consequently may pass your details to sub-contractors in our role as Data Controller.
16.2. In order to protect your interest, Heartwood requires all customers verify their identity when doing business with us and so may be asked to provide the Contract number or other unique information before discussion of your order.
16.3. Heartwood may carry out enquires about you with the licensed credit reference agency before proceeding with your order. You agree that such enquiries may be made as are necessary in relation to this agreement or any future agreement you enter into with Heartwood.
16.4. Heartwood may use your personal details to contact you about other products and services available. Heartwood may also pass your name and address to other companies within our Group who we believe offer products that you may be interested in. Other than as set out in this agreement or as permitted by law, we will not pass on your details to any business or company outside our Group of Companies without first seeking your consent.
17. MISCELLANEOUS
17.1. If you break this Agreement and Heartwood does not take action against you in connection with that breach at the time, this does not prevent action being taken against you in the future.
17.2. If any one or part of these terms and conditions are held to be unenforceable, this will not affect the validity of the remaining terms and conditions.
17.3. This Agreement is formed under and governed by English law and any disputes in relation to this Agreement will be dealt with in the English Courts.
This Contract is for the benefit of the Customer and Heartwood Joinery and Construction and no one else.
This Contract is governed by the law of England and Wales.
