Order Terms Policy
Setting new standards for joinery services, C Brown Joinery always want to make sure that the service we provide to you, or your business is professional, outstanding and at the same time, represent what we believe to be value for money. As the years have progressed in our joinery expertise, we have always looked at ways of making sure that any agreement between ourselves and the client, is easy to understand, and without any hidden agenda. With this in mind, we have produced this page which outlines in principle, the contract agreement that we and you will be governed by. Please read these terms and conditions carefully as they do form a legally binding contract between us and you. Your acceptance of these terms and conditions are agreed upon, either verbally, in writing, commencement of the contract, or by virtue of deposits, or continued payments that you make to us, as all invoices clearly show the URL for customers to view the Terms and Conditions of Service. If you would like a printed copy of the Order Terms Policy, please ask us.
Payment of any invoices (or agreed ordering, deposits paid, monies transferred) indicates your acceptance of these material facts as outlined in detail on this page here.
This contract is between you (the client, the customer, the payee) and the company (us, we, C Brown Joinery), and is also active at the time of commencement when work is first undertaken by us for you.
If there is anything that you are unsure of, please contact us.
1. Terms and Conditions of Estimates and Orders:
1.1 Our terms and conditions as shown below come into force when a contract (service agreement, also referred to as a regular service contract), acceptance of a quotation, is either agreed upon verbally, or by writing, or by the first payment made to us by the client (which also includes a deposit payment).
1.2 You agree that any use of the services that is provided by C Brown Joinery on a basis of a deposit having been paid by yourself, or a continuing payment by yourself, shall constitute your acceptance of our Terms and Conditions as shown on this page.
2. The Service:
2.1 The service provided by us will have been outlined either verbally or by written agreement before commencing the contract with you. Whilst we are happy to help where we can, there are times when the service requirements may change, or times when either you or we, find that there has been a problem which needs rectifying. If you are not happy with the standard of agreed level of service provided by C Brown Joinery, we will endeavour to put this right within 7 working days, providing that the issue relates to a specific part of the job that was included within the original agreement (be that verbal or written). You would have 24 hours to make any such complaint in writing, stating clearly the issue of concern.
2.2 All our staff are trained during an induction course/programme prior to any work being undertaken by them for you.
2.3 Due to health and safety requirements, and restrictions on insurance matters, we cannot use any types of heat guns in the course of our joinery service to you. Furthermore we will not move any items of heavy furniture that may cause secondary damages to floors, carpets, walls etc.
2.4 Right of access - it is the clients responsibility to ensure that C Brown Joinery or its employees have full tidy, clear and unrestricted access to the property (if we are fitting any supplied joinery goods).
2.5 Any joinery or additional works task that has not been previously agreed (either verbally or written), should be requested by you. If these supplementary tasks or additional joinery or additional works duties are approved by us, they will be deemed as "Chargeable Extras", and therefore will be invoiced accordingly to time spent, products used and labour costs. Once these chargeable extras are carried out they will be charged accordingly, and payable either on completion, or added to the next payment due by you.
2.6 There are no services on any of these days - Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve or New Year’s Day, unless otherwise previously agreed. Services carried out on any of these days are chargeable at the normal daily rate times 3.
2.7 Should for any reason we find that we are unable to fulfil any commitment towards you;
An example might be that due to reasons beyond our control, our joinery or additional works team did not arrive on a scheduled day, time or date then our MAXIMUM liability for costs would be equal to the daily rate of your charges, and if in exceptional circumstances, this was to exceed 5 working days, then our MAXIMUM liability would be only for 5 days at the daily rate that we were charging you.
3. Deposits and Payment Terms:
This section is broken down into 2 individual areas. They are as follows:
3.1.1 A deposit made by you (the customer) is used to secure work and purchase materials to be used in connection with your job request.
3.1.2. All deposits made for any job request is NON REFUNDABLE in all cases. Materials will have already been purchased by C Brown Joinery in advance of your job request being undertaken. Therefore regrettably we are unable to refund any deposit payments, regardless of the amount(s) paid to us.
3.2.1 All payments must be made upon presentation of the invoice, or within an agreed period of time between us and yourselves. Failure to make any payments on time will result in a £25.00 administration charge, plus any additional interest charges for late payment as shown on your invoice(s), or as appear on this web page here.
3.2.2 Payments must be made by the method agreed with you beforehand. Any rejected payments to us returned as "unpaid" will result in a £25.00 administration charge plus any bank charges that may have been incurred by us when the payment was returned.
3.2.3 Where practical and possible we now operate a "paperless billing system", which means that invoices will be sent by email to your registered personal or business email address in a PDF printable way. These types of invoices not only save paperwork and ink, but will help cut down on both yours and ours filing considerations. If you would like to still receive paper invoices, then please let us know. There may be an additional charge for sending printed invoices by post.
3.2.4 Any windows, doors, staircases, or any other goods that you have placed an order for from us, MUST BE PAID IN FULL before they will leave our premises. Even if we are the persons fitting these items, then FITTING is considered a separate agreement, and therefore fitting charges will always be invoiced separately.
3.2.5 UNDER NO CIRCUMSTANCES will any goods (example those described in paragraph 3.2.4) be allowed to leave our workshop, regardless of whether we are fitting the items, or anyone else, without having been paid for in FULL for the actual goods themselves.
3.2.6 Once goods ordered have been manufactured ready for fitting or collection, then the customer will need to make any final payment(s) due for the work undertaken.
4. Joinery Work
By its very nature, all timbers are living, breathing products. Part of their charm is their ability to age gracefully, but like any natural wood product care and aftercare is a must.
4.1 Whilst every effort is made to eliminate the expansion and/or shrinkage of external and/or internal joinery items, C Brown Joinery will not be held liable for any expansion and/or shrinkage (otherwise also referred to as swelling) for any of our wood items.
4.2 Unless otherwise stated, staining, or painting of joinery items is NOT INCLUDED in the estimated or quoted price.
4.3 Doors, windows and other wooden items that are supplied with a equalising stain, or primer are supplied with a base coat only. It is the customers responsibility afterwards to ensure that said items are then painted, stained or protected with paint (stain) finishes to protect their finished product. UNDER NO CIRCUMSTANCES will C Brown Joinery be liable for any issues relating to customers failing to adequately protect their wood items with the relevant applications. Primer and/or equalising stains DO NOT give long term protection against natural elements such as rain, sun, wind or any other naturally occuring factors.
4.4 Colour variances - because timber is a natural product there is always a risk of colour differentials within the wood itself. Whilst many people understand this (and hence order real wooden products), some people may not appreciate it. Therefore whilst every effort is made to ensure the colour/grain matches with other timber, tolerances will have to be allowed for.
4.5 Measurements - For a "supply only sale", the customer is wholly responsible for the accuracy of sizes requested, and any amendments MUST be put in writing, and confirmed before work begins.
4.5.1 Any amendments required for joinery items ordered due to an increase, or mistake in initial sizing, will be chargeable in addition to the price already quoted, paid for or accepted.
5. Title of Deed and Ownership:
5.1 ALL goods remain the property of C Brown Joinery until paid in full.
6. Delivery and/or collection of goods
All items and goods made by C Brown Joinery are built and constructed to very high standards. Every item that we create in our workshop is based upon a client's specification, and built to that specification. However, we do need to make it clear that fitting and installation of our goods are entirely at your own risk and acceptance of these points -
6.1 You have acknowledged the receipt of the goods as described on the invoice
6.2 You have acknowledged that said goods are inspected, and are without defect or damage
6.3 You accept that if goods are fitted by someone else, then C Brown Joiners accept no liability whatsoever for damages then caused. Any rectifications of possible damages are at an additional cost above and beyond the original estimate / invoice amount.
6.4 No goods will leave our workshop without a written confirmation from yourself (or your representative) that the goods are presented in finished, working order.
6.5 We accept NO LIABILITY WHATSOEVER for goods fitted by any other person, company or business appointed by you.
7. Health & Safety:
7.1 To safeguard C Brown Joinery and its staff, they are instructed not to enter an environment that may be considered dangerous, hazardous or impede their ability to perform the joinery or additional works tasks that they have not been contracted to do. In the event that this might happen because the client has failed in their duty to properly inform us of any changes, the customer will be charged the payment due at the full agreed rate.
7.2 It is the clients' responsibility to ensure that C Brown Joinery or its employees have full tidy, clear and unrestricted access to the property or area(s) where work might be carried out by us. The moving of any heavy objects is not covered by our insurance, nor are our employees permitted (unless otherwise agreed) to work at height. Under our own health and safety regulations, it is an obligation upon us to safeguard and protect our staff's safety and welfare whilst working for us.
8.1 Any equipment provided by C Brown Joinery in connection with performing our service to you is the sole property of us. This means that if equipment is left on site for use in connection with the service contract, that neither yourselves, your employees or anyone else, may use that equipment. Any equipment used and to be found damaged by yourselves will be repaired, or replaced at entirely your own cost. Any equipment you may supply for use in connection with the service contract is entirely at your own risk.
9. Security and Client Confidentiality:
9.1 C Brown Joinery provides security for your key(s) and personal or private data at all times. We take very seriously our obligation to maintain privacy and security for your home or business, and as such we will never disclose (unless otherwise agreed), any information pertaining to your contract agreement with us. Equally we request that the client observes the same standards of privacy and confidentiality towards us.
10. Cancellation of Contract, or change of circumstances:
In the event that any contract or service agreement is cancelled by the customer, then the following stipulations will apply:
10.1 Any deposits paid, or payments received in advance of work to be carried out, is NON REFUNDABLE under any circumstances.
10.2 Manufactured goods at the time of cancellation will remain the property of C Brown Joinery until paid in FULL.
10.3 In the event of a cancellation of the service agreement, the client must provide us with a written letter or email communication stating that they wish to cancel or terminate the service agreement.
10.4 If no further payments are then made as previously agreed, then C Brown Joinery may at their sole discretion either -
10.4.1 Accept the cancellation of the service contract with no dispute or
10.4.2 Accept the cancellation of the service contract but demand any payments of notice that were not given (in other words payment for services contracted but not carried out because the client failed to give the correct amount of notice) for the remaining period, plus an administration charge of £25.00, plus any late payment fees.
10.4.3 If there are outstanding payments, then C Brown Joinery reserve the right then to start legal proceedings against you without any further notice to yourselves.
11. Indemnity Insurances:
11.1 C Brown Joinery have public and employers liability insurance as per good business practice and legal requirement. A notice of our Employers Liability is posted at our own business premises for inspection, and a copy of it may be requested by any existing clients who need to validate that we are adequately covered for insured risks.
11.2 Any damages, or loss of property must be reported to us immediately in writing. In the event of damage or loss as a result of negligence, the liability of C Brown Joinery shall be limited at our sole discretion to either -
11.2.1 Repair the item taking into account the age and condition of the item at that time of damage;
11.2.2 Or replace the item taking into account the age and condition of the item at that time of damage.
11.3 C Brown Joinery (its directors, company owners, management or staff) shall not be liable in any event for any loss of profit or consequential loss incurred by the client or their business. Nor will we accept any liability for damages to windows, articles of glass, china, earthenware, stone, or any other articles considered by us to of a brittle, delicate or antique nature.
12. Applicable Law and Dispute:
12.1 This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
13. Changes to this agreement:
13.1 We reserve the right to revise and amend this service agreement notice from time to time and any revised version will be deemed to be applicable from the first date of publication on this website. It is up to you the client to ensure that you are aware of any revisions on this page as and when they are published, and to this end each invoice that you have received will always show the link to this page, so that you may check it from time to time, or as you see fit.
This contract agreement was first published on 04th August 2016.