1. DEFINITIONS
In these conditions the following works shall have the following meanings: –
1.1 The ‘Client’ shall mean the corporate entity firm or persons seeking the services of the Company.
1.2 The ‘Company’ shall mean Carl Hughes Carpenter & Joiner.
1.3 The ‘Contract’ shall mean any contract for service or installation provided by the Company to the Client
1.4 The ‘Service’ shall mean any service or installation provided by the Company to the Client (whether or not the Client shall purchase the service or installation).
2. THE CONTRACT
2.1 These conditions shall be incorporated into each and every Contract made between the Company and the Client and shall apply to the exclusion of any terms or conditions put forward on behalf of the Client.
2.2 No variation or waiver of our addition to these conditions, whether written or oral, shall have effect unless and until authorized in writing by the proprietor of the Company.
2.3 A 14 Day Cancellation period is offered from signing of contract without penalty for any customer who has entered into a contract with us as a result of an unsolicited call or visit.
3. TIME LIMITS
3.1 Any time or date quoted by the Company for commencement or completion of all or any part of the performance of any Service is an estimate only, the Company shall not be liable for any failure to meet such estimate no for any loss, whether financial or otherwise resulting directly or indirectly there from. Time is not and shall not be of the essence in relation to this condition.
4 ENTRY
4.1 If the Company is unable to gain access on arrival at the Client’s premises for any reason whatsoever, an additional charge for any return or subsequent visit will be made.
5 DEFECTS
5.1 In all cases where defects are complained of, the Company shall be under no liability to the Client in respect of thereof unless a reasonable opportunity to inspect the Services is provided to the Company by giving at least 48 hours notice before any use is made thereof or any alteration or modification is made thereto by the Client.
5.2 The Company shall make good any defects in accordance with the terms of this condition but otherwise shall be under no liability whatsoever, whenever or howsoever arising, whether by way of negligence or otherwise, for such defects.
6 CANCELLATION BY THE CLIENT
6.1 No cancellation of the whole or part of any order, be it an order by installment or otherwise, by the Client is permitted except where agreed in writing in advance by the proprietor of the Company.
6.2 Items fitted during the performance of a Service may not be removed for return unless authorization has been given as specified in condition 6.1.
6.3 Where items are returned by agreement, in every case:
a) A restocking charge will be made
b) The invoice number and date together with reason for return must be stated.
c) Refund of deposit would be made in 28 working days.
7 PAYMENT DATES
7.1 Payment for installation is due on completion of the project.
Interest at the yearly rate of 8% over the Bank of England base rate will be charged from day to day on all monies outstanding under the Contract until the actual date of payment.
7.2 Any delay or default by the Client in making payment in accordance with 7.1 shall render all sums owing to the recovery of such sums, due payable forthwith without requirement for any notice to be given to the Client , and interest will be charged in accordance with 7.1 with immediate effect until the date of payment.
7.3 The Client shall not be entitled to withhold payment of any amount to the Company by reason of any dispute or claim by the Client (whether or not the Services are to be provided in instalments and in such case each instalment is deemed to constitute a separate or distinct Contract). In the case of any items fitted being found to be damaged, the Client shall remain liable to pay the full invoiced price of all other items supplied and fitted in the Service.
8 DISPUTES AND SET-OFF
8.1 Any liability of the Company under the Contract shall be subject to and conditional upon the due performance and observance by the Client of all its obligations under these conditions, and subject to these conditions, the Client shall not be entitled to withhold or delay payment or exercise any right of set-off whatsoever and howsoever arising or arisen which might otherwise be available to it.
9 RISK
9.1 Risk in the Services shall pass to the Client when materials for the Service are deposited at the Client’s premises.
10 TITLE
10.1 Notwithstanding the passing of risk under condition 9, unless and until payment shall have been made to the Company of all sums due to it under the Contract and/or under any other Contract between the Client and the Company on any account whatsoever, property in and beneficial title to items supplied for the Service shall remain in the Company.
10.2 The Company may at any time without prejudice and making prior demand retake possession of items supplied for the Service whether in store or fixed in any of the following circumstances:
a) If the Client makes default of any sum due to the Company.
b) If the Client becomes bankrupt or insolvent or has a receiving order made against it or has a receiver appointed in respect of the whole or any part of its undertaking of assets.
11 TERMINATION AND SUSPENSION
11.1 Without prejudice to any right and remedies available to it, whether under the Contract or otherwise, the Company shall be entitled, in its absolute discretion and upon giving to the Client written notice of its intention to do so, either to terminate wholly or in part the Contract and/or any other Contract with the Client or to withhold or suspend performance of all or any of its obligations under the Contract in any one or more of the following events:
11.2 If any sum owing to the Company from the Client on any account whatsoever shall be unpaid after the due date for payment.
11.3 If an insolvency Event occurs.
11.4 If the Client shall commit any breach of Contract with the Company.
11.5 If the Company in good faith shall have doubts as to the solvency of the Client.
11.6 If the Client refuses to permit or hinders performance of Services, the Company shall be entitled to exercise its rights of termination or suspension hereunder at any time during which the event giving rise thereto shall not have been remedied, and in the circumstances of any such suspension, the Company shall be entitled to require as a condition of resuming performance under the Contract, pre-payment of or such security as it may stipulate for the payment of any sum or sums due or to become due to it. Upon any such event happening the Company shall also have a general lien over all monies and property of the Client in its possession for any sums due to the Company.
12 WARRANTY AND LIABILITY
The liability of the Company is subject to compliance by the Client with all the terms contained in this clause 12.
12.1 The Company shall make good at its option by repair or replacement any defect developing under normal use and due solely to faulty design (except where the design is supplied by or on behalf of the Client), faulty materials (except where the material are supplied by or on behalf of the Client) or faulty workmanship provide that:
a) The Client shall be responsible for ensuring that any installation is fit for the purpose for which it wishes to use it and the Company gives no warranty (and none shall be implied) that the installation supplied is intended for any particular purpose; and
b) The defect in question shall have appeared within 12 months after the Client shall have taken possessions of the installation or performance of Services completed and shall have been thereupon promptly notified in writing to the Company; and
c) No attempt shall have been made by the Client or by any third party to remedy any defect before inspection by the Company.
12.2 Apart from such reimbursement repair or replacement the Company, its employees and agents shall be under no liability to the Client or to any third party for any injury, loss or damage of any kind whatsoever, howsoever and wherever arising and whether direct or indirect including without limitation any injury loss or damage arising out of or incidental to:
a) Any negligence of the Company or any of its employees or Agents (except insofar as such negligence may result in death or personal injury); or
b) The Company’s performance of or failure to perform or breach of any of its obligations, whether expressed or implied under the Contract or otherwise; or
c) The supply, installation, repair of any of the installation; or
d) Any defect in any part of the Service or installation; or
e) Any advice given or representation made by the Company or on its behalf; or
f) Any performance of any Service.
13 Weather
a) The Company cannot be held responsible for delays caused by inclement weather
14 Covid 19
a) The Company cannot be held responsible for delays caused by Covid 19
b) The Company will ensure all efforts to reduce risk of the spread of Covid 19 are taken.
b) The Company requests clients inform the company if they have any symptoms of Covid 19, have taken a Covid 19 test and are awaiting results or are currently self isolating before arriving at the property.