Terms and Conditions
The ‘Company’ means Timberworks Joinery Ltd; the ‘Customer’ means the individual, firm or company the Company purchasing Goods under the terms of the Contract; the ‘Contract’ means the agreement under which the Company provides the Goods to the Customer under these terms and conditions. The ‘Goods’ means the subject matter of the Contract, including manufactured goods, materials and accessories provided to the Customer by the Company.
Quotations and Specification and Order Confirmation
Quotations are valid for 30 days from date stated on the quotation. No order placed in response to a quotation provided by the Company, is binding unless accepted in writing. Quotations by the Company are prepared using the interpretation of the information supplied. The Company is entitled to assume that all measurements and specifications provided by the Customer, either written, verbal or through the website are accurate and suitable for the Customer’s requirements. All products are priced and manufactured to the Company’s standard specifications unless specifically requested by the customer. Changes in standard specs are at the discretion of the Company. All specifications must be signed for as correct by the customer in order to confirm the order. Any drawings, specifications or technical information provided to the Customer by the Company in connection with the Contract, by the website or otherwise, is provided on the express understanding that the Customer will not give, loan or sell the technical information to any third party. The Company retains the copyright in any technical information supplied to the Customer in relation to the Contract. Scaffolding and access for surveyors is solely the responsibility of, and to the expense of the customer. In the event of a fitter or surveyor not being able to access the site, despite agreeing this in advance with the customer, a charge will be made for this time.
The order is accepted by the Company is subject to a final technical survey. The Company reserves the right to cancel this order in the event that the surveyor is not entirely happy that the Company can fulfil its obligations to the Customer within the contract price. In this event any deposit or monies in respect of the contract will be refunded in full by the Company. The Customer confirms in writing before manufacture can commence any amendments to what is set out in the estimate should be confirmed in writing. It is the Customer’s responsibility to seek permission from the relevant authorities for any building work carried out at their property. Risk shall pass to the Customer once the goods have been installed by the Company. Notwithstanding that the risk in the goods has passed to the Customer, the ownership of the goods shall remain with the Company which reserves the right to possession and to dispose of the goods until such time that payment has been received in full by the Company and cleared through the Company’s bank account.
The Customer will provide the free use of a reasonable amount of water and electricity. The Company will take all reasonable care of the Customer’s property when carrying out the work but cannot accept liability for damage or redecoration including but not limited to rendering, stonework, plaster, walls and floors. The contract does not include for the repair or replacement or any rotten timber, defective lintels, hidden services or hazardous materials such as asbestos found during the course of carrying out the works for the repair otherwise of any other structural defects unless such work is specified in the schedule of work. Any such work found to be necessary will be brought to the attention of the Customer and will be the subject of a separate quotation. The Company does not undertake to move services, fixtures or fittings which are ancillary to the basic structure of the property, e.g. radiators, pipes, electricity, telephone or television cables and the Customer shall remove all household fixtures, including curtains, nets and blinds before the installation is due to commence. The Company does not take any responsibility for damage to any of the above if not removed by the Customer whilst work is executed. The Company reserves the right to charge for wasted time if it is unable to carry out work due to site specific restrictions/conditions. No undertaking can be given that the Customer’s existing doors, windows and/or frames can be removed so as it to be fit for re-use or any other purpose and they will be removed from site and disposed of unless the Customer instructs the installer to leave them. Every effort will be made to protect and clean working areas as is practical, but the Company cannot be held responsible for small fragments, splinters or particles which may still be present. The Company reserves the right to make minor variations in the specification of any of its products at its discretion and without prior notice to the Customer, in keeping with the Company’s policy of continuous development and improvement. All mechanical parts (such as locks, hinges, handles, etc that are subject to wear and tear) are guaranteed against malfunction under normal use for a period of up to one (1) year after installation. No warranty, guarantee or representation hereunder shall apply to: 1. Minor imperfections or shade variations; 2. Damage or fault(s) due to accidents, misuse or neglect; 3. Damage or fault(s) due to inadequate maintenance to the Products or to the Premises or due to defects in the Premises; 4. Damage or fault(s) resulting from removal and/or repositioning of the installation (or part of the installation) carried out by persons other than the Company; 5. Damage to existing timber, adjacent to the installation of Products, remaining at the Purchaser’s request; 6. Normal wear and tear.
Any guarantee offered by our suppliers/manufacturers for other products including ironmongery, glass, composite doors and building materials will be passed on to the customer. During the guarantee period the guarantee in terms will be repaired or replaced free of component charges but subject to a labour charge provided that the company shall be under no liability under this guarantee if:-
a. The total price for the goods has not been paid; or
b. In respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the company’s maintenance instructions, misuse or alteration or repair of the goods other than by the Company; or
c. In respect of failure to notify the company of any defect within seven days of occurrence, after such timescale parts and labour will be chargeable to effect a remedy as delays in notifying a claim under the guarantee may cause the defect to deteriorate unnecessarily; or
d. For problems or leaks caused as a result of storm damage or customer’s leaky brickwork or insufficient or non-existing cavity trays; or
e. For minor surface marks or blemishes which are inevitable during manufacture and installation of windows or doors unless notified to the company within 30 days of installation at which time the industry standard “2 metre rule” will apply in the case of a dispute i.e. if the mark or blemish can easily been seen with the naked eye from a distance of 2 metres away from the window/door the mark or blemish will be deemed as unacceptable. A “3 metre rule” applies to toughened, laminated and all coated glass and treated as above.
The Company reserves the right to use any photographs taken of the Goods during production, installation or once they have been installed, on their website, social media or for any adverts, unless the Customer expresses they are not happy with this.
Terms of Payment
Personal Cheque, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. The Contract requires payment in full upon delivery and deposit of 50% upon order confirmation. All Goods remain the property of the Company until paid for in full. The Company reserves the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, the Customer shall be liable for any and all additional administrative and/or court costs. In an instance of a second Returned cheque, the Company reserves the right to terminate the arrangement and, if agreed to, the Company shall insist on future cash transactions only. Consequently, all bookings and/or transactions entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Delivery of Goods and Risk
If delivery of the Goods is included in the Contract, the Goods will be delivered to the destination stated in the Contract provided the location is on mainland Great Britain. Otherwise, the goods will be provided ex-works.
The Company shall not be liable for any damage, loss or expenses incurred by the Customer as a result of delayed delivery.
The risk in the Goods passes to the Customer upon delivery to the Customer, including a representative of the Customer, or when delivery of the Goods is passed to a third party, including but not limited to the loading of the Goods upon a ship or appropriate if the Company has explicitly agreed to deliver the Goods outside of mainland Great Britain.
Warranty and Limit of Responsibility
The Company requires that the Customer confirms that the Goods are to the specification in accordance with the Contract upon delivery. The Company shall have no liability for any damage to the Goods, injury or cost incurred to the Customer upon if guidelines are not followed. Any relevant guidelines and warranties will be provided upon delivery. All ironmongery and fixings are subject to suppliers terms and conditions.
The Company reserves the right to charge for bespoke Goods in full if the Contract is cancelled. Other Goods have a minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone, or any other means will be accepted subject to confirmation in writing. The Company reserves the right to levy a £30 charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
The Customer is not entitled to cancellation of the Contract except with written consent of the Company. In the event of the cancellation of the Contract by the Customer, the Customer shall pay the price of the Goods specified by the Contract in full whether or not the specified Goods have been delivered.
The Company shall not be responsible for any failure or delay in undertaking the Contract, including but not limited to delivery of the Goods, due to events or circumstances outside reasonable control of the Company, including, without limitation, acts of God, war, industrial action, strike, national emergency, acts of terrorism, fire, explosion, flood, epidemic, storm or events restricting the availability of materials for the manufacture of the Goods specified by the Contract.
The Company gives no warranty concerning the incidences, prevention, or elimination of condensation within double-glazed units after installation of the Goods, and no agent or employee of the Company has authority to give such a warranty. All double-glazed units are guaranteed by the glass supplier not to form condensation within the cavity for up to 5 years after installation. In instances of a failure of a double-glazed unit, the unit will be supplied free of charge, but fitting will be at the customers expense. The company gives no warranty on the removal or installation of the glass
unit. All glass used is the best commercially obtainable, but the Company cannot guarantee against any imperfection or variation inherent in the glass making. The Company shall not be liable for any claims arising from distorted vision, optical phenomena such as Brewster’s fringes, cosmetic blemishes, minor abrasions, or similar imperfections due to glass manufacturing processes outside the control of the Company.
- The Buyer will not be entitled to reject units incorporating toughened glass which, viewed from certain angles and in certain light conditions will show the inherent physical but unobtrusive coloured stained effect.
- Glass is hermetically sealed double-glazed units will comply to the Visual Quality Standard of the Glass and Glazing Federation issued September 1981 relating to glass generally (or any approved standard which succeeds it). In particular:-
- Transparent glass used in the manufacture of sealed units is identical to that used traditionally for single glass and will therefore have a similar level of quality.
- Both panes of the sealed units shall be viewed from the room-side at a distance of not less than two metres, in natural daylight, and not in direct sunlight. The area to be viewed will be the normal vision area, with the exception of a 50mm wide band around the perimeter of the unit.
- Flat transparent glass shall be deemed acceptable if the following are neither obtrusive nor bunched:- hair lines or blobs, fine scratches not more than 25mm long, minute embedded particles. Obtrusiveness of blemishes shall be judged by looking through the glass and not at it, under normal lighting conditions as described in 9.3.2.