STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES & SALE OF GOODS
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO THE PROPOSAL GIVEN OVERLEAF
ATTACHED AND ANY SUBSEQUENT CONTRACT BETWEEN US FOR THE SUPPLY OF THE SERVICES DETAILED IN THIS PROPOSAL. PLEASE READ CAREFULLY.
Formation of a Contract
- The quotation given on or attached to these terms and conditions will only remain valid for a period of 21 days.
Acknowledgment and acceptance of this proposal is made by you placing an order within
the specified period in paragraph 1.1 above, at which time you will be bound by these terms
You have a seven day “cooling off” period during which time you may cancel the order (this cancellation must be in writing).
Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order".
- No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
- Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.
All goods supplied by us shall be in accordance with the quotation given and any subsequent specifications or descriptions agreed in writing or expressly listed or set out on the face of the order.
- We will ensure that all materials supplied comply with safe building practices and that any work carried out is carried out with reasonable care and skill and to a reasonable standard.
- Before starting any work we will carry out an inspection to make sure that all work quoted is appropriate and practicable. In the event that we are unable to carry out an inspection and this is carried out by the customer then responsibility for any discrepancies lies with the customer.
- If after our inspection any further work is necessary either because of alterations in design, specification or otherwise and this causes an increase in costs we will send you a further proposal giving details of the extra costs and will only proceed with the works once your written acceptance has been received.
- Subject to paragraphs 3.2 and 3.3 we will carry out the work in accordance with our proposal.
- We will make good any unnecessary damage caused whilst carrying out the work.
- You will permit us during normal working hours to carry out an inspection and thereafter to undertake the works according to the programme set out in the proposal.
- You will remove all items necessary to allow us to commence the works and cover and protect all fixtures and fittings, which cannot be removed.
- You will obtain all permissions and consents, (including if necessary planning permission) from landlords, local authorities and others, which are required before the work can commence.
- Where you are required to provide us with measurements or other information such measurements or information must be correct. If we rely on the measurements or information given when preparing our proposal and such measurements or information are incorrect we reserve the right to increase the price to make good any errors or additional works required as a result.
Type(s) of Work Undertaken
We specifically do not carry out the following type(s) of work for the Customer: (However in some circumstances we may employ qualified contractors to carry out the work on our behalf.)
- On acceptance of the proposal in accordance with paragraph 1.2 the deposit specified in the proposal shall be payable. The balance of the order price will be due upon satisfactory completion of the work.
- Should you cancel your order after the period specified in condition 10 below your deposit may not be repayable.
Title and Payment
- We warrant that we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 7.3 below.
- Unless otherwise stated in the order, payment of the price of the goods comprised in each order shall become due within 10 days of date of invoice.
- We will charge daily interest on late payment of the amounts due, at a rate of 8% per annum above the then base lending rate at Bank of England from the date the payment was due until actual date of payment.
- Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we reserve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
- If the rate of value added tax (VAT) increases between the date of your order and the date of delivery we will add the necessary additional amount of value added tax to the price of the goods.
- If the price of the goods increases for any other reason between the date of your order and the date of delivery we will notify you of this and give you the choice of accepting the price increase or cancelling the order in which case any deposit paid by you will be refunded in full.
Damage in Transit
We will replace free of charge any goods proved to our satisfaction to have been damaged in transit provided that such damage is notified to us or the carriers in writing within 7 days of delivery.
- If you change your mind you may cancel your order by notifying us in writing within 7 days at the address below and we will refund your deposit in full (unless the order was specified as urgent and work was to commence as soon as possible - in which case you may not be entitled to a refund of deposit).
- If you fail to cancel your order within the time period specified in paragraph 10.1 above your deposit will not be returnable.
- We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
- For the purposes of this condition, "force majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
- Upon the happening of a "force majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
We grant the following guarantee;
We guarantee Mandeville Joinery Ltd’s workmanship for 2 years. This guarantee shall not apply when:
Reasonable care and maintenance has not been adhered to or our recommendations for care and maintenance have not been followed.
Alterations have been made to our products/workmanship by any other party than Mandeville Joinery.
Any fault in the product is a direct result of its design when the design/specification/order was not carried out by Mandeville Joinery.
- We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of £20,000, Twenty Thousand Pounds.
- We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
- We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 21 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods provided by us please address them to;
Mandeville Joinery Ltd,
Unit 4 Townsend Farm Buildings,
If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.