TERMS AND CONDITIONS OF SALE
The following Terms and Conditions (“the Conditions”) are the terms on which Spittlywood Ltd (the Company) sells products and/or provides a joinery service (“the Goods”) to a customer or contracted third party (“the Customer”) 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:
PRICE AND PAYMENT
1.1. The Price for the Goods shall be the price as stated on the quotation provided by the Spittlywood Ltd, plus any additional costs that may be incurred through amendment of the order by the Customer. Additional costs will be explained to the customer and the new Price agreed in writing.
1.2. For a “supply only” sale, i.e. where Goods are sold without installation at the Customer’s property, 50% of the Price will be paid to the Company before any production shall commence. The Company reserves the right to request stage payments and the balance of the Price will be paid by the Customer upon collection of the Goods from the workshop or upon delivery.
1.3. For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, 50% of the Price will be paid to the Company before any production shall commence. The Company reserves the right to request stage payments and the balance of the Price will be paid by the Customer upon completion on site.
1.4. Spittlywood 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 credit terms or verbal communication.
2.1. Any quotation provided by Spittlywood Ltd shall be valid for acceptance by the Customer for a period of 2 months from the date of the quotation, and Spittlywood Ltd shall be required to accept an order based on the quotation within this 2 month period.
2.2. Unless otherwise agreed in writing, no quotation shall be subject to any discount.
3.1. 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
3.2. 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.
3.3. Any cancellation of an order must be sent by the Customer to Spittlywood 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.
3.4. All delivery dates given by the Spittlywood Ltd are approximate and not binding, and the Company can accept no responsibility in failing to do so or accept any liquidated damages arising from this. The Company does not accept liability for non-delivery as a result of: carriers, vehicle breakdowns, goods in transit, war, flooding, civil unrest, delays due to strikes or any cause beyond the Company’s control.
3.5. The customer shall be entitled to replacement Goods if the Spittlywood Ltd is reasonably satisfied that the Goods have been damaged during transportation arranged by the Company.
3.6. The company is not liable for any damage caused during transportation if the Customer collects the items.
4.1. Where the Goods have been manufactured by Spittlywood Ltd and are found to be defective, or installation work by Spittlywood Ltd is found to be defective, Spittlywood Ltd shall repair or, in its sole discretion, replace defective Goods free of charge upon the following conditions:
The defect being due to Spittlywood Ltd faulty design, workmanship or materials;
Where the Goods have been manufactured by a third party Spittlywood Ltd shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to Spittlywood Ltd by such third party. This includes items such as double-glazing units.
Glazing – Double glazed units attract a manufacturer’s 5 year warranty against premature breakdown. These will be replaced within the terms of the warranty if the breakdown is accepted by the manufacturer.
The company is entitled to assume that all drawings, descriptions, specifications, sizes and other information supplied by the Customer whether written or verbal is in all respects complete, accurate and entirely suitable for the Customer’s requirements. The Company shall accept no responsibility for the performance, suitability and durability of any goods, materials or workmanship comprised therein to the extent that the same is manufactured in accordance with Customer’s designs, drawings, standards and specifications.
The Company shall be under no liability if the defect or failure, in the reasonable opinion of the Company, arises from willful damage or misuse, negligence by the customer or any third party, failure to follow the Company’s instructions, or alteration or repair of the goods without the Company’s prior approval
Any Goods to be repaired or replaced after a “supply only” transaction shall be delivered to the Company at the Customers expense, unless otherwise agreed.
No goods can be returned to the Company for credit. Any purpose made door, window or joinery item that has been incorrectly ordered by the customer and that has already been either received by the customer, or manufactured awaiting delivery or collection by the customer will be subject to payment in full.
If on collection or delivery the goods are found to be damaged, defective or of incorrect specification they will be returned to the Company’s premises and fixed.
In the event of a claim the Customer must not have altered the goods in any way and must have complied with all recommendations relating to the goods.
5.1. 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.
5.2. Whilst every attempt is made to minimize the risk of timber expansion of external joinery items by allowing tolerance within the design, the Company shall be under no liability if the defect is due to expansion or swelling 5.3. Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price. 5.4. All external joinery must be fully decorated within 1 month (and not exposed to any moisture) of delivery/installation and then at regular intervals thereafter. Spittlywood Ltd is able to provide joinery with base coat primer/sealer if instructed by the Customer. 5.5. 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 matches with other timber, tolerances will have to be
allowed for unless a “book matched” product has been asked for, which might be an extra cost to a standard quote.
6.1. All Goods shall be required to conform to the specification by the Customer as accepted by Spittlywood Ltd or as otherwise expressly agreed in writing or orally.
6.2. Any order for Goods sent by the Customer to the company shall be deemed to be accepted subject to the Conditions contained herein.
6.3. Each order for Goods accepted by Spittlywood Ltd shall be deemed to be an individual legally binding contract between the parties.
6.4 Where any designs or patterns or specifications have been supplied by the Customer for manufacture by or to the order of Spittlywood Ltd then the Customer warrants that the use of those designs, patterns or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the intellectual property or other rights of any third party. The Customer shall indemnify and keep indemnified Spittlywood Ltd against any loss in respect of any proceedings or otherwise resulting from any infringement of any letters, patent, copyright, registered design, registered trademark or any other protection subsisting in favour of any third party in any such pattern or specification.
Title to Goods
7.1. Title of the goods shall remain with the Spittlywood Ltd until payment in full has been received by the Company for goods and services. At any time before the title to the goods passes to the Customers, the Company may without prejudice to any of its other rights, retake possession of all or part of the goods. The Customer agrees that the Spittlywood Ltd or its Agents may enter any premises of the Customer for that purpose.
7.2 The title of any unwanted items removed by the Company as debris or rubbish from the Customers property is transferred immediately to the Company.
8.1. These Conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English Courts.
– Digital signature or signed and scanned quote via e-mail is acceptable
– Customers pursuing projects that are exempt from value added tax are responsible for notifying the Company at the point of placing an order