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TERMS AND CONDITIONS FOR JAMES. W. FRENCH

BESPOKE CARPENTRY AND JOINERY

( Here after be know as the contractor)

The following terms are in place to clarify our professional relationship.

Upon acceptance of the contract you agree to the terms and conditions set out within this contract. No contract shall commence unless the terms and conditions are agreed and signed in their entirety.  Non-compliance with the terms and conditions during a project may result in immediate withdrawal of services.

1.APPLICATIONS OF CONDITIONS

1.1 Any quotation contained within an estimate is valid for a period of thirty days only from the date of the proposed contract, unless previously  withdrawn.

1.2 A quotation must be in writing and if only given verbally does not constitute an offer.

1.3 The contractor reserves the right to amend the price of the quotation if the scope of the work initially proposed is increased during the execution of the contract.

1.4 When unforeseen costs arise during the job undertaken, the contractor reserves the right to charge additional costs. Such costs shall be communicated with the client in writing as soon as reasonable practicable and the customer will sign a copy of the agreed cost amendment.

1.5 Any drawings provided are for illustration purposes only.

1.6 The contractor shall not be liable for any additional work carried out on timber projects where inadequate decoration has been completed post contract. Clients should be aware when selecting timber that it is a natural product and therefore subject to movement, distortion, swelling and shrinkage. This in turn may cause failure of operation, draughts or other allied problems. In order to reduce these problems the contractor strongly recommends that all internal joinery is to be treated within two weeks of completion and one week for all external work.

Should the client require additional decoration a price will be provided upon request.

1.7 The contractor accepts no liability for any defects in the goods or the installation work where payment of sums due from the customer have not been made in full. All goods remain the property of the contractor until payment in full is received.

 

2.CONTRACTOR’S OBLIGATIONS

2.1. The contractor shall endeavour to meet any pre specified completion dates, however, these are strictly estimates only.  The right is reserved to reasonably extend the contract period to ensure performance quality over time restraints, due to the nature of hand making goods.

2.2.  Where the goods are made by  the contractor, they are guaranteed for 3 years and other items that are supplied are not covered by the contractor but covered by the manufacture’s guarantee only.

3 .CLIENT’S OBLIGATIONS

3.0.. The contractor shall not be liable for any delay, costs or losses arising out of any act or omission of any externally employed subcontractors, consultants or employees.

3.1.  A deposit as stated on the quotation will be required fourteen days before or within the agreed start date. The deposit will be non- refundable, unless the contractor is unable to commence or complete the contract

3.2.  The balance is due on completion of the installation work. Additional costs arising during the project must be settled as soon as practicably possible. The total sum that is not paid in full after this date shall be subject to a charge of 8% per annum, in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.

3.3.  If additional costs are incurred then the contractor reserves the right to  agree additional payments during the contract.

3.4.  The customer accepts that goods are made out of natural materials.

4. CANCELLATIONS AND CHANGES TO THE SCOPE OF SERVICES

4.1.  Upon acceptance of this contract the client is subject to a cancellation fee if they decide to cancel the services stipulated in the contract of 50% of the contract price plus the cost of any materials purchased that cannot be resold in accordance with clause 4.2 below.

 

4.2.  If the services are cancelled after materials have been purchased, materials shall be retained within the contractor’s possession until a buyer can be sourced. If no buyer can be sourced within a reasonable practicable period, the client shall be charged in full for the materials in question and the materials handed over to the client. For the purpose of this clause, a reasonable practicable period is two weeks.

5. GOVERNING LAW AND JURISDICTION

5.1.  The parties to this contract agree that any dispute or claim that should arise during the execution of services shall be resolved exclusively within the jurisdiction of the courts of the United Kingdom.

5.2.  Any dispute/claim may be referred by either party to a single arbitrator agreed between the parties or in the absence of agreement, appointed by the then President of The Chartered Institute of Surveyors upon the application of either party and the arbitrator’s decision shall be final and binding on both parties.