Terms & Conditions

1. TERMS AND CONDITIONS

In the following Terms and Conditions “us” or “we” shall refer to Carl`s Carpentry & Maintenance Service Ltd and “you” shall refer to you, our customer who purchases Services from us. You have requested that we undertake certain works for you and, by allowing us to proceed with those works, you are indicating your agreement to the Terms & Conditions set out below:

2. ESTIMATE

The value of the estimate is what we expect to charge you for the works, based on our initial discussions. In the event of unforeseen circumstances or unexpected issues arising, it may be necessary to review the original price and provide you with a new estimate. You have the right to accept or decline the revised price.

3. WRITTEN QUOTATION

The written quotation follows the estimate and is the final price for the works discussed, including labour and materials, additional costs including expenses (if any) and tax. Any subsequent variation to the works (including, without limitation, if you change the scope or if unforeseen circumstances or unexpected issues arise) will likely result in a new or revised written quotation. Any variation or modification of the quote is not effective unless agreed by both parties in writing. You have the right to accept or decline the new quotation. Should you choose to decline, all works will cease, and, on receipt of our invoice, you must pay in full for all works already completed in accordance with the original quotation.

4. BOOKING FEE

The Parties acknowledge that bookings require a £30 + VAT booking fee to be paid. This fee is non-refundable or transferable in the case of cancellation by the client. Bookings are not secure until the booking fee has been received. The booking fee amount will be deducted from final price of the job as described in the Quotation, unless otherwise agreed in the Contract. If there is a valid reason why the agreed session time cannot be kept, the client is permitted to reschedule once only. Please note that the Carpenter may not be able to fit you in immediately.

5. CLIENT OBLIGATIONS

    1. You shall give us access to the site as required by us to enable us to carry out and complete the services without interference by you or by other suppliers, contractors or sub-contractors of yours.

    2. If you and we agree that you will be responsible for providing the measurements for some or all the materials and/or products needed for the works, you alone will bear the cost of replacing the said materials and/or products in the event the measurements are incorrect.

    3. If you and we agree that you will be responsible for providing some or all of the materials and/or products needed for the works, you alone will bear the cost of replacement in the event the said materials and/or products turn out to be faulty and/or unsuitable.

    4. If we agree that you will be responsible for providing some or all of the materials and/or products needed for the works, you alone will be responsible for the delivery of materials and/or products in a timely manner to a location of the works that is easily accessible by us.

    5. You will inform us, prior to the works commencing, of any hazards or potential hazards known or suspected in or around the premises where the works are due to be carried out.

    6. You will grant us access to the premises where the works are to be carried out and will ensure that all necessary consents, planning permissions and licences, if any, have been obtained in advance of the works commencing.

    7. You will ensure the safe, dry and secure storage of any materials and/or equipment left (with your permission) at the premises during the works and will be accountable to us for any loss of or damage to such materials and/or equipment.

    8. You will provide us at your expense any facilities reasonably required by us which will include power supply and lighting and a supply of water, including skips or other waste disposal bins for all waste materials.

    9. Without prejudice to 5(i) and 4(iii) below, you will (unless included as part of the quotation) be responsible for any necessary improvements to and/or redecorating of the premises following the completion of the works.

The Client acknowledges that failure to comply with this clause will entitle us to charge at our normal hourly rate of £40 for all extra time and costs incurred.

6.      CARPENTER (S) OBLIGATIONS  

    1. We will undertake the works with all due care, skill, and diligence, will complete the works within a reasonable timeframe, and will ensure that we comply at all times with all applicable laws and regulations.

    2. We will supply materials and/or products needed for the works (if any) that are of high quality and, without prejudice to 4(i) above, will take full responsibility for replacing any materials and/or products that prove to be faulty or substandard. If the materials are supplied by us, the advance payment shall be paid by you as described in clause 7.

    3. We will take good care of your property, furnishings and wall coverings and, on completion of the works, will remove any resulting waste material (if agreed during the initial quotation period).

    4. We may supply one or more, as necessary, of our dedicated team to undertake the works for you. Unless agreed otherwise, the person(s) supplied will be at our discretion and may or may not be the same as the person(s) who provided you with the original estimate and/or quote.

    5. We confirm that we hold, and will continue to hold, a valid and current Public Liability Insurance Policy and, where relevant, Employers Liability Insurance Policy.

    6. The Services to be provided by us are for labour only unless otherwise agreed in the Contract.

7.MATERIALS AND PRODUCTS

For the avoidance of doubt, all materials and/or products supplied and delivered to you during the course of the works shall remain the property of Carl`s Carpentry & Maintenance Service Ltd until such time as the works have been paid for in full by you, following receipt of our invoice. Title to such materials and/or products will transfer to you only when full payment has been received by us.

8.VALIDITY

All quotations are valid for one calendar month from the estimate date, subject to fluctuations in the prices of materials. Prices cannot be guaranteed after this date.

9.VARIATIONS

If you wish to omit or vary any of the works agreed the original written quotation you    must inform us in writing we shall, as soon as practicable, notify the you of the estimated cost of the variation and the likely effect on the Contract period and Completion Date. 

Unless you withdraw your request for a variation when you receive our estimate, the Contract Price will be adjusted in accordance with our estimate (or as otherwise agreed between you and us) and an appropriate extension of time for completion of the works shall be agreed.  Variations will be priced at our hourly rate of £40 unless otherwise agreed.

If a variation is made orally, either we or you shall confirm it in writing within 7 working days.

We shall notify you if we encounter any difficulties which we could not have reasonably foreseen when submitting the Quotation and in those circumstances, a fair and reasonable adjustment to the Contract Price and the date for completion will be made.  If you fail to comply none of our obligations set out in clause 5 that causes extra work or delay for us will entitle us to an appropriate extension of time and additional charges.

We reserve the right not to comply with any requests for a variation which would increase the value of the works by more than 25% of the original Contract Price.

10.CONTRACT PRICE & PAYMENT

The Contract Price is stated in the Quotation and it may be varied in accordance with these Conditions.

You shall pay us the Contract Price in accordance with the payment terms in the Quotation.  Unless otherwise stated in the Quotation, we shall submit an invoice to you 7-14 days before the commencement of work and each invoice must be paid within 7 days of the completion of the works.

We shall be entitled to an advance payment if so, specified in the Quotation and invoice for the advance payment shall be paid you within 7-14 days before the commencement of work. If the works is booked within two weeks of the commencement date, then each invoice must be paid within 7 days before the commencement of work.

If you dispute any part of an invoice and wishes to withhold any amount, ypu must notify the us at least 3 days before the payment date with a statement setting out the amount(s) you propose to withhold and the reasons.  The undisputed parts of an invoice must be paid, and any disputed amount will be dealt with under clause 14 (Complaints).  Except as stated in this clause, you shall not withhold any money or set off any amount against our invoices.

If you fail to pay any amount properly invoiced, we can give 7 days’ notice to suspend work until the payment is received.  Any period of suspension will entitle us to any additional costs he incurs as well as an extension of time for completion of the works.  If full payment of the outstanding amount is received by us before expiry of the notice period, the suspension notice will be cancelled.

Where payment is to be made by a third party, you and we acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract.

Late payment entitles us to interest at the statutory rate of interest under the Late Payment of Commercial Debts (Interest) Act 1999 from the due date until the date of actual payment.

Prices are quoted exclusive of VAT which will be added as appropriate and payable by you. We shall issue a valid VAT invoice or receipt for each such amount.

11. GAS AND ELECTRICAL EQUIPMENT / APPLIANCES

Owing to insurance restrictions we cannot fit, adjust or attend to any electrical or gas equipment.

12. DECORATION

Our quotations do not include decoration, unless otherwise stated.  We would recommend the services of a professional decorator.  

Whilst all due care will be taken, we cannot be held responsible for any cracking or damage that may occur by movement or vibration in the structure during the course of the works.

Whilst all due care will be taken, we cannot be held responsible for dust/dirt that may be caused during the period of our work, nor can we be held responsible for any damage caused to personal items left within our ongoing work area. These should be removed/relocated or covered before arrival on site.

We shall be under no liability whatever to any party for any indirect loss and/or expense (including loss of profit) suffered by the client arising out of a breach by us of this contract.

13. PROPERTY AND RISK

The risk of loss or damage to materials at the works, except when caused by wilful default of us, rests with you who should insure the risks at his expense.

Ownership in the works and any materials supplied by us shall remain with us until payment in full of all amounts due from you have been received by us.

14. INSURANCE & LIMITATION OF LIABILITY

We will always maintain Public Liability and Professional Indemnity insurance. However, in the unlikely event of a total failure of tools and machinery or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract. Neither party shall be liable for any indirect or consequential loss.

15.  DURATION, HANDOVER & DEFECTS LIABILITY

The proposed commencement date and completion date are shown in the Written Quotation.  Dates are given by us in good faith but, unless specified in the Quotation, dates are not guaranteed.

We shall notify you within 5 working days of becoming aware of any event beyond his control which may prevent or delay completion of the works. The notice shall specify the cause of the delay, the likely effect on the completion date and our proposals for dealing with the matter.  The completion date shall then be extended as agreed by the parties or, failing agreement, decided under clause 14.  We acknowledge that we must take reasonable steps to mitigate or reduce any delay.

We shall give you notice of our intention to hand over the services and give you the opportunity to inspect the works prior to handover.  We shall then confirm the date of handover to you. 

Any defect must be notified promptly and in any event within 7 days of you becoming aware of the defect.  When we accept that the defect is our responsibility, we shall have the option either to repair or replace the defective services (when this is feasible).

We shall be responsible for remedying defects in the services which appear within 6 months from the date of handover and which are promptly notified to us by you who shall give us full access to carry out any remedial services.  Defects in design or materials supplied by you, and defects attributable to fair wear and tear, accidental damage, or to misuse or failure by you to comply with any operating or maintenance manuals shall not be the responsibility of us.

We shall not be liable for any defect in any materials supplied by you or any third party.

Except for our liability to remedy any defect for which we are responsible and which are notified to us within 6 months of the handover date, we shall have no liability to you, in contract or in tort, for any direct, indirect or consequential loss incurred by you, including but not limited to loss of use or loss of profit.  Moreover, the aggregate liability of us under the Contract shall not exceed the Contract Price, or the amount specified in the Quotation, if less.  However, liability for death or injury of individuals due to our negligence is unlimited.

You acknowledge that the only warranties are those given expressly by us in these Terms & Conditions.

16. FORCE MAJEURE

The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event. A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, storms, epidemic, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources. For the avoidance of doubt, it does not include circumstances where the Carpenter (s) attend an Event to perform the Services and any of the Parties fail to attend.

17. CANCELLATION

Where we have to cancel the works, due to circumstances beyond our control the full amount of the Booking Fee and any further payments received will be returned to you.

Should you wish to cancel this contract at any time, Notice of Cancellation must be given in writing to us. In such circumstances, you will be liable to pay us the Booking Fee and 50% of the Carpenter (s) day wage, including the cost of materials if provided by us in advance as described in the Quotation.

You have the right to end the contract if without reasonable cause (without affecting your other legal rights and remedies) we stop work for 14 working days or more, without prior agreement.  In such circumstances, the full amount of the Booking Fee and any further payments received will be returned to you.

You may give notice to terminate the Contract if we commit a material breach and, in the case of a breach capable of remedy, fails to take steps to remedy the breach within 28 days of being requested to do so in writing.

We may give notice to suspend or terminate the Contract if you fail to make any payment to us within 14 days of the payment date or commit any other material breach of the Contract.

We may give notice to suspend or terminate the Contract if you fail or anyone you employ, or relation, or agent interfere with or obstruct the work or fail to make the site available for us (without good reason) for the contract period (or any one or more of these)

Either party may terminate the Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.

Termination shall not affect the accrued rights and liabilities of the parties at the termination date.

18. CUSTOMER CONFIDENTIALITY & PRIVACY OF DATA

The confidentiality of your data is important to us. Your data will be processed securely within the rules of the General Data Protection Regulations (GDPR).

19. COMPLAINTS

All complaints with the invoice or work carried out, should be raised by client directly to us in writing within 5 days of invoice date. We will consider the complaint and shall provide a response to you within 14 days of receipt of the Complaint.

The parties will endeavour to settle any dispute or difference amicably by direct negotiation.

If they are unable to settle the dispute, it may be referred by either party to adjudication in accordance with the CEDR (Centre for Effective Dispute Resolution) Adjudication Rules. The decision of the adjudicator shall be final and binding on the parties unless a notice of dissatisfaction is served by either party on the other within 28 days of the decision.

Any dispute that is not resolved by negotiation or adjudication shall be finally settled by the courts of England and Wales.

The Contract is governed by the laws of England and Wales.

20. NOTICES

Any Notice relating to this contract should be in writing and sent by recorded delivery or by email to the address stated in the Contract.

21. USE AND DISPLAY OF IMAGES

Carl`s Carpentry & Maintenance Service Ltd promotes its services through its online portfolio and by means of advertising, publicity material, websites, social media and any other such media, within lawful use and without damage to you. By agreeing to these Terms & Conditions, you agree that we can use images of the carpentry work carried out at your premises for our online portfolio, social media, publicity material and print media.