CASTLE JOINERY TERMS & CONDITIONS
1.1 Any contract between Castle Joinery and any of its customers for the supply of our goods and services shall automatically incorporate these conditions which shall prevail over any other terms and conditions attached to the Customer’s order.
1.2. The waiver of any conditions herein at any time by the Customer shall not be effective unless it is specifically agreed in writing by Castle Joinery and shall constitute a waiver for the purpose of that particular transaction only and all other conditions herein shall remain in full force and effect.
1.3. Any contract between Castle Joinery and the Customer shall only arise on the written acceptance by Castle Joinery of the Customer’s order.
PRICE AND PAYMENT
2.1. The price for the Goods (“the Price”) shall be the price as stated on the quotation or estimate provided by Castle Joinery, or such other price as the parties may agree in writing.
2.2. For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the price shall be made by the Customer upon collection of the goods from our workshop or upon delivery.
2.3. Castle Joinery require deposit payments for orders, of up to 50%, when the order is confirmed, 30% of the remaining balance before delivery, with the final balance payable upon delivery.
3.1. Any quotation provided by Castle Joinery shall be valid for acceptance by the Customer for a period of 10 working days from the date of the quotation and Castle Joinery shall be required to accept an order based on the quotation within this 10 working day period.
3.2. The price quoted is exclusive of VAT and all costs or charges in relation to packaging, loading, unloading, carriage and insurance (if applicable) which shall be due at the rate ruling on the date Castle Joinery’s invoice is issued unless included within our quotation.
3.3. Unless otherwise agreed in writing, no quotation shall be subject to any discount.
3.4. All quotations are for the manufacture and supply only of the joinery, unless otherwise is agreed in writing. It is the Customers responsibility to organise the installation, not Castle Joinery’s.
3.5. From time to time, Castle Joinery may pass on details of freelance carpenters / installers to the Customer. Any arrangements made between the Customer and these carpenters / installers, whose details were supplied by Castle Joinery, are between the Customer and the installer.
4.1. Any order for Goods sent by the Customer to Castle Joinery shall be deemed to be accepted subject to the Conditions contained herein.
4.2. Each order for Goods accepted by Castle Joinery shall be deemed to be an individual legally binding contract between the parties.
4.3. Where any designs or patterns or specifications have been supplied by the Customer for manufacture by or to the order of Castle Joinery 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 Castle Joinery 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.
4.4 It is the Customers responsibility to obtain any necessary permissions for the Goods being manufactured and supplied by Castle Joinery (eg: listed building consent, etc).
5 DELIVERY / COLLECTION
5.1. The Customer shall be deemed to have accepted the Goods upon completion, delivery or collection for a “supply only” sale.
5.2. Castle Joinery shall not be liable to the Customer or be deemed to be in breach of the Conditions by reason of any delay or failure in a “supply only” sale or in “installation” work if the delay or failure was due to any cause beyond Castle Joinery’s reasonable control.
5.3. All risk in the Goods shall pass to the Customer upon delivery or collection for a “supply only” sale unless agreed otherwise in writing between parties.
5.4. It is the responsibility of the Customer to accept delivery and to ensure they have adequate space to store goods manufactured or supplied by Castle Joinery, once the goods are ready. The Customer must store the goods in a temperate, dry location, free of excessive moisture and failure to do so will invalidate any guarantee.
5.5. Any cancellation of an order must be sent by the Customer to Castle Joinery in writing. The Customer is liable to be charged for any materials ordered or work started for an order at the time of cancellation.
5.6. Whilst Castle Joinery is pleased to undertake insurance work, this is only done on the on the basis that the Customer is responsible for paying Castle Joinery’s invoice, not the insurance company. Castle Joinery is unable to deal with insurance companies direct unless agreed in writing between all parties.
6 TITLE TO GOODS
6.1 Notwithstanding delivery, title in the Goods shall not pass to the Customer until Castle Joinery has been paid in full for the Goods. Nothing in this Clause shall prevent Castle Joinery from raising an action against the Customer for payment of the Goods.
7 DAMAGE IN TRANSIT
7.1 Upon serving notice to Castle Joinery within 24 hours of delivery and if Castle Joinery is reasonably satisfied that the Goods have been damaged during transportation arranged by Castle Joinery, we will rectify the damage.
8.1. Where the Goods have been manufactured by Castle Joinery and are found to be defective, Castle Joinery shall repair or, at its sole discretion, replace defective Goods free of charge upon the following conditions:
8.1.1. the Customer giving notice of the defect within 24 hours of the defect coming to the Customer’s attention.
8.1.2. such notice being served within 7 days of delivery or collection for a “supply only” sale.
8.1.3. the defect being due to Castle Joinery’s faulty design, workmanship or materials, timber is not covered for anything relating to clause 10.2
8.1.4. the Customer having complied with Castle Joinery’s written instructions as to storage in clause 5.4 .
8.1.5. No modifications to the goods supplied have been made, for example, easing in hinges on pre-hung doors, without the written consent of Castle Joinery.
8.2. Where the Goods have been manufactured by a third party, Castle Joinery shall, where possible, pass on to the Customer the benefit of any warranty in respect of the Goods granted to Castle Joinery by such third party. This includes items such as double-glazed units.
8.3. All external joinery must be fully decorated within 1 week of delivery/installation and then at regular intervals thereafter. Castle Joinery will provide joinery with base coat primer unless instructed otherwise. Where goods are to be stained, Goods are delivered in their natural state.
9 LIMITATION OF LIABILITY
9.1. Castle Joinery shall not be liable to the Customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Customer as a result of warranty work being required, repairs or replacements, or indeed any other reason which may cause the above.
9.2. Subject to this, Clause 8 and Clause 11, all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Castle Joinery grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
9.3. Subject to Clause 12 the liability of Castle Joinery under this Agreement howsoever arising shall not exceed the Price.
10 JOINERY WORK
10.1. 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.
10.2. Whilst every attempt is made to eliminate the expansion and shrinkage of external/internal joinery items such as gates, doors and windows by allowing a certain amount of clearance, Castle Joinery is not liable for any expansion/shrinkage or swelling of these items.
10.3. Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.
10.4. 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.
10.5. Castle Joinery do an amount of “machine only” works for clients, and unless a cutting list is provided with all boards fully marked, then we can not be held responsible for elements of waste within the material supplied. We also abide within the standard tolerances within the timber trade, which allows for (+-) 2 mm within machine works (profiles only, not lengths). We will make the client aware if we feel the timber supplied is sub standard for the works proposed.
10.6. For putty faced glazing, please be aware that this is a hand applied product, perfect lines are unachievable. Putty will need painted as soon as it has skinned over. Castle Joinery is not responsible for correcting any damage that occurs to the putty after delivery, with any site work required being paid for by the Customer.
11 SPECIFIC GOODS
11.1. Doors and Joinery Items; where doors and joinery items are supplied with a factory applied equalising stain, or primer, the Customer must paint/stain such products with a minimum of two coats of proprietary wood stain and primed joinery must be treated with a full paint finish. Primer and equalising stains do not give long term protection against the ingress of moisture and Castle Joinery cannot accept responsibility for Goods which are not treated as recommended after sale.
11.2. Doors: subject to the Customer complying with Clause 11.1 – this guarantee does not apply to doors which swell/shrink due to intake of excessive moisture or any other neglect or misuse on the part of the Customer after sale. Castle Joinery’s liability under this guarantee shall not extend to costs or charges of unfixing, refixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
12 DEFAULT BY CUSTOMER
12.1. If the Customer shall fail to pay the price for the goods and/or services by the due date for payment, the (without prejudice to any other rights of Castle Joinery arising from such failure) Customer shall (if so required by Castle Joinery) pay Castle Joinery interest thereon at a rate of 5% per month above the base rate or part thereof on the outstanding amounts from time to time.
12.2. If the Customer shall commit default in or commit any breach of it’s obligations to Castle Joinery, or if any distress or execution shall be levied upon the Customer, its property or assets or if the Customer shall make or offer to make any arrangements or compositions with its creditors or commit any act of bankruptcy or if the Customer shall be a company and any resolution or petition or receiving order in bankruptcy shall be presented or made against him, or if the Customer shall be a company and any resolution or petition to wind up such company’s business shall be passed or presented otherwise than for the purpose of amalgamation or reconstruction whilst solvent, or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed, or if the Customer shall be insolvent then without prejudice to any other rights available to Castle Joinery it may forthwith cancel any contract then subsisting with the Customer or alternatively may suspend or cancel delivery of any of the goods to be supplied there under.
13.1. Nothing in these Conditions shall be construed so as to exclude or limit the liability of Castle Joinery for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Castle Joinery and the Customer for the sale and purchase of the Goods incorporating these Conditions.
13.2. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of Castle Joinery for death or personal injury as a result of Castle Joinery’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
14 FORCE MAJEURE
14.1. If the performance of the contract shall be delayed by any circumstances beyond the control of Castle Joinery including (but without prejudice to the generality of the foregoing) war, hostilities (whether war shall be declared or not), insurrection, industrial disputes, strikes, lock-outs, riots, explosion, fire, storm, act of God, pandemics, accidents, unavailability or shortage of materials or labour, interruptions of supply, any statute, rule, law bye-law, or order or request made by or issued by any government department or local or other duly constituted authority, then Castle Joinery shall have the right to suspend further performance of the contract until such time as the cause of the delay shall no longer be present and for a reasonably time thereafter.
14.2. If the performance of the contract by Castle Joinery shall be prevented by any such circumstances beyond the control of Castle Joinery then Castle Joinery shall have the right to be discharged from the further performance of any liability under the contract. If Castle Joinery exercises such a right then the Customer shall thereupon pay the contract price less a reasonable allowance for what has not been performed by Castle Joinery.
15.1. No cancellation by the Customer is permitted except where expressly agreed by Castle Joinery.
15.2. The Customer will in the event of agreed cancellation by the Customer indemnify Castle Joinery against all expenses incurred up to the time of such cancellation.
16 GOVERNING LAW AND JURISDICTION
16.1. This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereto submit to the non-exclusive jurisdiction of the English and Welsh courts.