Interpretation

References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.

Relationship between the Parties

2.1. The Client engages The Company to provide the services specified in these terms and conditions and attached schedules.
2.2. No term of this agreement or course of dealings between the parties shall operate to make The Company an employee or agent of the Client.
2.2. Neither party shall assign or transfer any of their rights, liabilities or obligations arising under this agreement without the prior written consent of the other party.

The Quotation

3.1. The Company shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which The Company will undertake for the Client.
b) The date or time period within which the service will be performed.
c) The prices which the Client shall be charged for the performance of the services including:
i. Any fees which The Company shall charge.
ii. Any disbursements or expenses which The Company will require the Client to meet (including but not limited to the prices of materials).
iii. Any VAT or tax element which will be payable by the Client.
3.2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between The Company and the Client, the Client will be deemed to have accepted the content of the Quotation in full.

The Services and the Time and Manner of their Delivery

4.1. The Company will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation.
4.3. Time frames and dates of delivery are provided for guidance only and The Company makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and The Company shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.

Payments

5.1. The contract price is set out in the Quotation, which includes details of the charges which The Company will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which The Company may charge to the Client.
5.1.1 The Company cannot guarantee the prices of materials during any periods of shortage of supplies. Our prices will be amended accordingly.
5.2. The intervals at which The Company may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.
5.3. Notwithstanding 5.1 and 5.2 above, The Company may vary the contract price from the amount set out in the Quotation where they have provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because they have been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.4. The Client agrees:
a) Not to withhold any sums due to The Company.
b) To settle all invoices raised by The Company within 7 days of date of invoice.
c) To pay to The Company interest at a rate of 5 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5.4(b).
d) To pay to The Company such costs and expenses as they may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.

Cancellation

6.1. In accordance with the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations (2008) the Client may cancel this contract within 7 calendar days of signing this agreement (or within whatever extended period The Company may specify in the Quotation) and shall be entitled to a full refund of any monies paid to The Company, less an amount representing any reasonable administration costs which The Company has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid.

Client’s Obligations

7.1. The Client shall be responsible for the correctness of all measurements for products or materials which The Client gives to The Company. Where these measurements are not correct and accordingly materials or products which are ordered or provided by The Company are the wrong size, the Client shall bear the expense of rectifying this. 7.1.1 Where the Client buys his/her own products/goods and requests that The Company installs them part of contract, The Company will charge a fee to check the products are in good working order before installation and that all parts are included. The fee charged will be agreed beforehand and include a sum for profit and overhead. If something needs rectifying term 7.1 applies. 7.1.2 Where the Client chooses to order products during the contract period, and this causes delays, The Client shall be responsible for labour charges if alternative work cannot be found. 7.1.3 The Company reserves the right to decline to install products / materials that the Client has had for some time or that are second hand where in some cases, the Company advises against their use as the quality / condition may be inferior and not fit for purpose.
7.2. The Client shall co-operate with The Company as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting The Company access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Where the Site is indoors, ensuring that there is adequate ventilation.
c) Providing for The Company such facilities as may be necessary in order to allow them to complete the services.
d) Following The Company’s reasonable Instructions relating to safety and the state of work which has recently been completed by The Company or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after The Company has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of The Company as set out in 8.4, below).
7.4. Where The Company stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to The Company for any loss or damage.
7.5. The Client shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Client warrants that they have applied for and obtained all such necessary permissions, licence or consents prior to contracting The Company.

Supplier’s Obligations

8.1. The Company shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. They shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. The Company shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling and floor coverings during the provision of the services.
8.3. The Company shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting them to self-certify the compliance of the services provided with the relevant building regulations or alternatively if they are not so accredited then they shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
8.4. The Company shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
8.5. The Company shall at all times hold valid employer and public liability insurance policies.

Property Rights and Assumption of Risk

9.1. Any property rights, title or ownership in any property or materials which are used by The Company in providing or delivering the service shall remain with The Company until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from The Company to the consumer:
a) upon delivery, (where The Company is responsible for delivering the products or materials to the Client); or
b) from the moment the products or materials leave The Company’s storage premises, (where The Company is not responsible for delivery.)

Workmanship

10.1. Where the client considers that any services are defective upon delivery or performance then the Client shall notify The Company within 30 days.

Termination

11.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above the employment of The Company under this Agreement may be terminated immediately where any of the following circumstances arise:
a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 7 days after such notice.
b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
11.3. Upon termination of the employment of The Company under this agreement the Client shall pay to The Company such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate the employment of The Company under this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.

Disclaimers and Exclusions

12.1. The Company shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the foregoing shall be read as restricting or limiting in any way The Company’s liability for death or personal injury.

Indemnity

13.1. The Client shall indemnify The Company against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.

Force Majeure

14.1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.

Warranty of Contractual Capacity

15.1. Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement and have obtained all necessary permissions and approvals.

GDPR Compliant Privacy Notice

16.1. We are a Joinery trading as The Joinery Co. whose registered office is High Beeches, Bourton on the Hill, Gloucestershire, GL56 9AL and our data protection officer is Jessica Clarke.
16.2. How We Use Your Personal Data Information we collect – we obtain your name and address from you for the purposes of a quote or through a formal contractual arrangement to carry out building work.
16.3. We will never disclose, share or sell your data without your consent, unless required to do so by law.
16.4. The purposes and reasons for processing your personal data are detailed below: – We collect your name and address in the performance of a contract, to provide a service to you and to ensure that our employees and sub-contractors can perform the works outlined in the contract/quote. We collect and store your personal data as part of our legal obligation for business accounting and tax purposes and IT security. We may share your data with third party service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
16.5. Data Subject’s Rights – You may access your own personal details held by us by written request; you may request that any inaccurate data is corrected.
16.6. Sharing and Disclosing Your Personal Information – We process your information for purposes based on legitimate business interests, in the fulfilment of our contract with you, in the performance of our contract with you and in compliance with our legal obligations, and/or your consent. This includes sharing your information with employees of this company or their sub-contractors for the carrying out of the contract. Our accountant Taybalin Tomlin, Kenton House, Oxford Street, Moreton-in-Marsh GL56 0LA carry out our book-keeping and tax returns and they act in the capacity of a processor on our behalf. The only information we provide them with is your name, address and order details to meet business and legal requirements. Techtonic IT Solutions Ltd are our cloud services provider, located at Station Road, Bourton on the Water, Gloucestershire GL54 2AA. Please refer to their Privacy Notices on their respective websites.
16.7. Safeguarding Measures – We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. Although we will do our best to protect your personal information, transmission of personal information to and from our sites is at your own risk. You should only access the services within a secure environment.
16.8. Consequences of Not Providing Your Data – As we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time however this will not affect the lawfulness of the processing before its withdrawal.
16.9. How Long We Keep Your Data – We will only keep your personal information for as long as necessary to fulfil the purposes set out in this privacy notice unless required by law. No purpose in this policy will require us keeping your personal information for longer than 10 years. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible because your personal information has been stored in back up archives, then we will securely store your information and isolate it from any further processing until deletion is possible.
17.1. If you have any questions or comments about this policy, you may write to The Joinery Co., High Beeches, Bourton on the Hill, Gloucestershire, GL56 9AL
18.1. Source – Personal data may be obtained from the planning portals of local authority sites where publicly accessible.
19.1. Consent – You consent to us holding personal data and this consent can be withdrawn at any time by written request. We may process your data if you have given us specific consent to use your personal information in a specific purpose.

Whole Agreement, Governing Law, Severability and Miscellaneous Provisions

20.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
20.2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
20.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
20.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
20.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
20.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.