1.1 The Client is deemed to have read and fully understood these terms & conditions which will apply to all estimates / quotations / contracts / invoices with Ark Joinery Project Ltd (the “Company”). They will prevail over any terms or conditions proposed or stipulated by the Client. No variation in the terms & conditions not acknowledged by the Company in writing shall be permitted or effective, whether or not specified in any official order form (by post, by email or online via our website ‘www.arkjoineryproject.co.uk’) issued by the Client.
1.2 Any contract between the Company and the Client shall only arise upon receiving the signed terms and conditions statement from the Client. You should read these terms and conditions carefully before accepting any quotation. Errors and omissions excluded. We reserve the right to change the terms and conditions under which the Company services are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions.
1.3 Whilst the Company is pleased to undertake insurance work, this is only done on the understanding that the Client/instructing party is responsible for paying the Company’s invoice, not the insurance company.
1.4 In addition to the acceptance of the final quotation (which will be produced after a site visit) and the agreement of the ‘Final’ design, the client is required to sign off on the following items: Fabrication drawings, paint, stain or lacquer finish, material choices and ironmongery. Samples will be provided for approval. The Company will not be responsible for a finish, material or accessory which is desired but not obtainable. The Client is to agree all of the major style and finish items in writing. If a desired item is not available, then the Client has to propose an acceptable alternative with which to proceed. If there is a cost increase it will be added to the final Quotation.
1.5 Within these terms & conditions, items denoted “[A]” refer to internal joinery items; items denoted “[B]” refer to external joinery items.
1.6 If you have any questions about these terms and conditions, our product or the Company, please email us at firstname.lastname@example.org.
2.1 Any quotations we are providing are based on the information that we have been supplied and/or any relevant drawings or plans received from the Client and are subject to a site survey.
2.2 On receipt of working drawings and all other relevant information we reserve the right to alter our estimate if the detailed information varies from the original enquiry.
2.3 Any quotation provided by the Company will remain open for acceptance by the Client for a period of 6 weeks from the date of the quotation, unless some other period is stated therein. Quotations are calculated at the current rates of fabrication & installation .
2.4 It is your responsibility to ensure the accuracy of the description of the Goods and Services set out on the quotation and to inform us of any amendments required in writing.
2.5 Clerical errors and omissions are subject to correction. All increases of any kind that occur after the creation date will be added to the balance of the quotation.
2.6 Any contract between the Company and the Client shall only arise upon receiving the signed acceptance of quotation, and a signed copy of these terms & conditions from the Client. The Client is deemed to have read and understood these terms & conditions and agree to abide by them in this matter.
2.7 Any additional works and/or alterations to the quotation that has already been signed and agreed, have to be confirmed in writing by the Client and agreed by the Company, otherwise additional charges may be applied.
2.8 As we constantly strive to improve our products and services, we reserve the right to make minor technical changes to the Goods or Services which are deviations from the original specifications, for the improvement of the product.
3.1 Any survey we carry out is not a full structural survey of your property and will relate only to the installation of the goods we are to supply and / or install, as well as can be reasonably carried out from a non-destructive inspection.
3.2 Our prices are calculated on the assumption that your property is structurally sound and that there are no factors that would make our performance of the contract more difficult than might reasonably be anticipated at the time you accept the contract. Although every effort is made to identify any problems or additional associated works which may be required, a building may occasionally have hidden defects, which may necessitate additional work and for which extra charges may apply. Any additional timbers or structural components abutting, adjoining or adjacent to the goods which you instruct us to replace or which must be replaced in order to install the goods, including but not limited to timber, brick, concrete, stone, masonry lintels or external sills, cornice detail above windows, gable end facia boards, timber panelling plus any lead flashings which have not been specifically detailed to be replaced in the quotation or subsequently agreed on the final survey, may be regarded as “unforeseen/extra works”. Any unforeseen/extra works would be carried out only with your authorisation and acceptance of the estimated cost. An immediate response to this request would be sought in order that time lost on site due to this unforeseen issue would be minimised.
3.3 If any technical problems are identified that make the manufacture or satisfactory installation of the goods materially more difficult or more costly than we could reasonably have anticipated at the date of the contract, we will inform you of such problems as soon as is reasonably possible following the survey. In such circumstances we reserve the right to cancel the contract or to increase the price by giving you notice in writing to reflect our additional costs or additional work required. If we inform you of an increase in the price, you have the right to cancel the contract within 7 days of receiving such notice. Please refer to 10. Cancellation.
3.4 If any technical problems with your property are discovered at the time of installation of the goods, which were not nor could reasonably have been found during our survey, we reserve the right to increase the price to cover any additional work required as a result and would inform you of the increase in writing. If we give you notice of an increase in the price under this clause, you have the right to cancel the contract but you will be obliged to pay us for any services already performed and any goods that have already been installed or manufactured in preparation for installation pursuant to the contract and you will be obliged to take delivery of those goods at your property. We will be entitled to retain the deposit and any interim payments by way of payment or part-payment of any amount due from you to us.
3.5 The final measurements will be taken from opening size or finished surfaces available to us at the time of the site survey. If openings or finished surfaces are to differ from the existing, or the openings or finished surfaces are to be newly formed, we must be informed in writing (email@example.com and/or Ark Joinery Project Ltd, 1 Courtenay Road, East Lane Business Park, Wembley, London, HA9 7ND), prior to manufacturing commencing. We cannot accept responsibility for incorrect sizes if opening or finished surface sizes are changed subsequent to our final survey being carried out, and we have not been informed of these changes in writing.
3.6 Where you have instructed us to manufacture goods without a site survey, you will be required to approve in writing the designs, layouts and dimensions detailed by us. In these circumstances, you will take full responsibility for the measurements and specifications detailed and we cannot be held responsible for incorrect supply if the manufactured goods match those detailed by us.
4. PRICE AND PAYMENT
4.1 The price for the goods shall be as stated on the quotation provided by the Company, unless otherwise amended as specified in Clause 2.7.
4.2 Clerical errors and omissions are subject to correction. All increases of any kind that occur after the creation date will be added to the balance of the quotation.
4.3 Upon confirmation of the order, the Company will ask for a 50% deposit of the agreed price prior to commencing production, a 25% second payment prior to delivery of the goods and a final payment of 25% on completion of the installation; unless an alternative payment schedule has been agreed in writing between the Company and the Client.
4.4 For a “supply only” sale, i.e. where items are sold without installation, the final payment shall be made by the Client prior to delivery or collection of the goods from our workshop.
4.5 For an “installation” sale, i.e. where items are installed or work is carried out at the Client’s property, payment shall be made by the Client on production of the invoice unless previously agreed in writing. Delay of cleared funds can adversely affect the production and installation dates of the goods.
4.6 Any orders placed with the Company under £1000.00 (excluding VAT) are to be paid in full upon ordering.
4.7 The Company will implement 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. Interest accruing daily at Base Rate of +5%.
4.8 Any work that the Company is requested to carry out that is not fully detailed in the documents incorporated into the quotation, will be charged for as an extra on a cost plus basis. Man day charged at £420 + expenses.
4.9 Unless stated otherwise on the Quotation, the Price takes into account any discount, rebate or offers. You will not be entitled to any reduction in Price if we make any promotional offers on Goods and Services after the date on the Quotation.
4.10 If you fail to pay any sum owed to us under the Contract by the date it falls due, then without limiting any other right or remedy available to us, we may:
4.10.1 cancel the Contract or suspend any further deliveries of Goods or the provision of Services to you, but such cancellation or suspension shall not obviate your obligation to make payment under the Contract;
4.10.2 use any payment made by you for any goods or services supplied under any other contract between you and us either towards a payment due under this Contract or otherwise towards any other debt owed by you to us as we see fit; and charge you interest on such outstanding sum from the due date of payment at the annual rate of 5% above the base lending rate of HSBC Bank PLC, accruing on a daily basis until payment in full is made, whether before or after any judgement.
4.10.3 use external agencies to recover the debt - to recover both the debt and full costs of recovery.
5.1 All goods remain property of the Company until paid for in full even if installed in the property of a third party. Once full payment is made, third party becomes the legal owner of all goods.
5.2 [B] Any specifications, statistics, advice or other information given to you by us regarding any glass we supply is either quoted from or based on information provided to us by the manufacturer and relates solely to the glass itself. Such specifications, statistics, advice and information do not relate to or take account of the acoustic properties or performance of your building so it is possible that the installation of the glass may not meet your expectations in relation to noise reduction or sound proofing.
5.3 [B] On windows, client is covered by GGFI Insurance Backed Guarantee no: 16319, if the Company were to go into liquidation.
6. PREPARATION FOR INSTALLATION
6.1 [A] & [B] You will be responsible at your own expense for the removal, replacement and/or alteration, if required, of any fixtures and fittings or other items that we require to be moved in order to install the goods and supply the services including but not limited to curtains, shutters, grills, blinds, pelmets and soft furnishings, the lifting and refitting of carpets, the repositioning of telephone or burglar alarm fittings and any other electrical connections, aerials, gas, heating or water installations.
6.2 If you do not comply with the requirements under clause 6.1 we reserve the right to postpone or suspend the supply of the services until you have done so and to charge you for time lost by our fitters in attending your property and being unable to work, at a cost of £420 per man per day plus expenses.
6.3 If you require our fitters to move any such items on your behalf, this may result in an increase in the price to cover our additional time spent in doing so. We will notify you of any such increases before our fitters move any such items unless it is impractical to do so with our delaying the supply of goods or services. If our fitters move any of your items they will use all reasonable care and skill to do so. The items moved will remain the responsibility of the owner and will be required to be insured by them. There will be cost of £50 per hour per man for such enabling works. No request compensation for damaged items will be entertained.
6.4 You agree to allow us access to your property to deliver the Goods and provide the Services as soon as practicable after you have been advised that the Goods are ready. If you have not given us access to your property for this purpose within 30 days of being informed that the Goods are ready for delivery, then (without affecting any other rights we may have) you must immediately pay the whole of the outstanding balance of the Price. We will be entitled to recover from you any reasonable losses, costs and expenses we incur as a result of your failure to take delivery of the Goods including (without limitation) any costs of storage of the Goods.
7. DELIVERY & INSTALLATION
7.1 The Client shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
7.2 The Company shall not be liable to the Client for breach of conditions i.e. delay or failure of supply and/or installation works if the delay or failure was due to any cause beyond the Company’s reasonable control.
7.3 All delivery/installation dates, when quoted, are for guidance only and whilst may be correct at the time of quoting, they may alter on a day to day basis, depending on workloads and other factors. The Company cannot be held responsible or accept any liability for delays/circumstances that are beyond our control.
7.4 If installation takes longer than anticipated than what is agreed with the customer, then there will be no additional charges if the delay is our responsibility. However, if there are delays due to occurrences or circumstances caused by the site or situations we are not notified about ahead of time, then each additional on-site day will be charged at £420 per man, per day plus expenses.
7.5 We will not be liable for any loss or damage resulting from a delay in the delivery of the Goods in circumstances where there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; or such loss or damage is not a reasonably foreseeable result of any such breach; or the loss or damage results from a breach by you of any term of the Contract.
7.6 You are responsible for ensuring that your property is structurally sound, in good condition and free from material defects. We cannot be held responsible for any damage caused or extra work required if this is not so.
7.7 [B] We cannot guarantee to keep intact any panes or frames from old windows and doors or any secondary glazing that you may tell us you wish to retain. Accordingly we will not be liable for any damage or total loss of such items during or following their removal unless caused directly by our negligence.
7.8 [B] We cannot guarantee that any existing shutters, blinds or curtains will still fit where windows and doors are being replaced.
7.9 We do not tolerate abuse of our staff in the office or on site and reserve the right to cancel your contract in the event that this occurs, in which case you must immediately pay the whole of the outstanding balance of the Price and we will deliver the Goods to site for installation by a third-party.
8. PRIVATE WORK
8.1 Our employees are not permitted to carry out extra or private work for you, either before, during or after our works have been completed, unless specifically authorised by the Company’s Management in advance. These extra works will either be quoted for or charged at an hourly rate. The hourly rate is dependent on which trade is required.
9.1 Where the goods have been manufactured by the Company and are found to be defective or installation work by the Company is found to be defective; the Company shall repair or replace defective Goods free of charge upon the following conditions:
9.1.1 the Client giving notice of the defect within 5 days of the defect coming to the Client’s attention;
9.1.2 the defect being due to the Company’s faulty design, workmanship or materials; however exclusions are provided in Clause 5.2.
9.1.3 the Client having complied with the Company’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice. A copy of our care instructions can be found here: www.arkjoineryproject.co.uk/info/care-guide.
9.2 Any guarantee and/or warranty will only be validated and activated once full payment of the contract(s) has been received by us.
9.3 Where the goods or part of the work has been manufactured by third party i.e. glazing, ironmongery, the Company should obtain relevant guarantee from third party and pass on to the Client all of its benefits (repairs and replacements).
10. CANCELLATION OF CONTRACT
10.1 You may cancel the Contract by giving us written notice no later than 14 days after the date on which it was concluded. If you cancel the Contract in this way we will return your Deposit to you, subject to a deduction for the cost of any work already undertaken, such as a on-site survey, which will be 5% of the price or £250, whichever is the greater.
10.2 If you do not exercise your right to cancel under clause 10.1 above, you have no right to cancel the Contract under this clause, unless we agree to cancel the Contract at your request in which case you must pay any reasonable losses and costs we suffer because of your cancellation, including (without limitation) any manufacturing costs, site surveys, technical drawings and any loss of profit and we will be entitled to retain part or all of your Deposit to cover any such losses and costs.
10.3 The Client will, in the event of agreed cancellation by the Client, indemnify the Company against all expenses incurred up to the time of such cancellation.
10.4 If the goods or services are sold or provided in phases, each phase shall be a separate contract and no cancellation or termination of any other contract relating to a phase shall entitle you to repudiate or cancel this contract or any other contract relating to another phase.
11. YOUR OBLIGATIONS
11.1 In order for us to perform our obligations under the Contract you will, at your expense:
11.1.1 comply with our reasonable requests relating to the supply of the Goods and the Services, including but not limited to any requests relating to compliance with health and safety rules and regulations;
11.1.2 provide our employees, with access as reasonably required to washing and toilet facilities at your property;
11.1.3 prepare and maintain your property for the delivery of the Goods and the supply of the Services (including identifying, monitoring, removing and disposing of any hazardous materials from your property in accordance with all applicable laws, before and during the supply of the Services) and inform us of any such actions that you have carried out; inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at your property; obtain and maintain all necessary licenses and consents, including but not limited to planning permissions, listed building consent, building regulations consent, and comply with all relevant legislation in relation to the supply of the Goods and Services. The execution of the contract by the Company is independent of these Licenses and the requirement of the Client to complete their statuary duties in this respect is entirely the Clients responsibility. The terms of the contract will be enforced by the Company irrespective of whether the Client has the relevant licenses or not.
12. OUR INSURANCE
12.1 Our insurance is with Zurich Insurance PLC (Employers Liability £10,000,000.00 and Public Liability £10,000,000.00). Policy number 607653. A copy of our insurance policy is available on request.
12.2 Risk of damage to or loss of the Goods shall pass to you at the time of delivery of the Goods to your property. It is your responsibility to insure the Goods from the time they are delivered to your property.
13. FORCE MAJEURE
13.1 We will not be in breach of our obligations under the Contract if we are prevented from or delayed in the carrying on of our business or the performance of our obligations under the Contract by any circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 60 days, you will be entitled to give notice in writing to us to cancel the Contract.
14.1 No variation of these terms and conditions shall be valid unless it is in writing and signed by both the Client and the Company.
15. LAW AND JURISDICTION
15.1 These terms and conditions and any dispute or claim arising in connection with them shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.