In these conditions;
1.1 “Supplier” refers to Brian Fell (Leven) Limited, Elm Tree Workshop, West Street, Leven, HU17 5LF.
1.2 “Client” refers to any person or business who purchase Goods and Services from Brian Fell (Leven) Limited.
1.3 “Quotation” refers to a written quotation or estimate or other similar document describing the Goods and Services to be provided by the “Supplier”. All “Quotations” will be valid for a period of six months. After six months, all “Quotations” will need to be recalculated to take into account any rise in costs i.e. inflation, materials, wages etc.
1.4 “Goods/Works” refers to the articles specified in the Quotation/Order.
1.5 “Order” refers to the confirmation to proceed with the proposal made by the “Client” either verbally or in writing. These Conditions apply to any contract of sale of “Goods” to the “Client” to the exclusion of any other terms (whether expressed or implied), save any accepted or notified by one of the “Suppliers” directors in writing. Any order from the “Client” gives rise to a binding contract with the “Supplier” only when the “Supplier” has notified the “Client” in writing that the “Order” is accepted or (if later) when the “Supplier” has made delivery of the “Goods” to the “Client”.
1.6 “Pricing”; all prices quoted are exclusive of VAT. VAT will be due at the rate ruling on the date of our invoice.
1.7 “Payment Terms”; all invoices are to be paid within 30 days of invoice date. For larger contracts, payment is made by agreed valuation or interim payments.
1.8 “Interest on Overdue Invoices”; may accrue day to day from the date when payment becomes due until the date of payment at a rate of 2% per month (part of a month being treated as a full month for the purpose of calculating interest) and shall accrue at such a rate after as well as before any judgement. Interest shall become due and payable notwithstanding the fact that the account or part of it is subject to any dispute or query.
1.9 “Disputes” in the event there is a dispute with the invoice or work carried out, any disputes should be raised in writing within 5 working days of the invoice date. Should we not receive any written notification of a dispute within this time period, payment is due and any disputes will be initially dealt with internally and interest will accrue as listed above.
1.10 “Variations and Extras” any unforeseen work or variations will be agreed prior to commencement to a fixed quotation where possible.
1.11 “Cancellation” No agreement to proceed or order placed by a “Client”, except with the “Seller’s” agreement made in writing, and on terms that the “Client” shall indemnify the “Seller” in full against all loss (including loss of profit), costs (including the cost of all labour and materials), damages, charges and expenses incurred by the “Seller” as a result of cancellation. However, you have the right to end the contract if, without reasonable cause (without affecting your other legal rights and remedies), if we stop work for 14 working days or more, without prior agreement. Any monies due will be subject to our standard payment terms.
We can suspend or cancel your order, without affecting our legal rights and remedies, in one or more of the following circumstances:-
a) If you fail to pay any interim bill and still fail to pay for 5 days after receiving a written notice demanding payment.
b) If you, 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)
c) If you become bankrupt or go into liquidation or make a composition or arrangement with your creditors (or any one or more of these).
After we use our right to suspend this contract we can end it if you are still at fault, we will be entitled to all payments under our standard terms and conditions and any costs involved in suspending or ending the contract. We are also entitled to claim for any losses we suffer (including loss of profits) resulting from suspending the contract. However, you can still use your legal rights and remedies under our terms and conditions of trading.
1.12 “Delivery” Any time or date specified for delivery/works to be carried out is an estimate only and we will not be liable for any loss or damage whatsoever due to failure by us to deliver the goods (or any of them) promptly, nor shall delay or failure to deliver the goods promptly entitle the client to rescind the contract. Furthermore, the client is bound to accept delivery and to pay for the goods in full provided that delivery shall be tendered at any time within three months of the estimated delivery date.
1.13 Co-Operation: the client will co-operate with us and with provide us with any information reasonably required to carry out the works in a timely fashion.
1.14 Decoration: our quotations do not include decoration, unless otherwise stated. All external woodwork, doors and windows should be knotted and primed immediately if this has not been allowed for in our quotation and carried out during the manufacturing process. Doors, windows and all other woodwork should be sealed (painted or varnished) within two weeks of fixing. We would recommend the services of a professional decorator. A typical finish may include:
a) A shellac knotting
b) An oil based wood primer
c) One / two coats of oil based undercoat
d) One / two oil based top coats
We cannot guarantee and will not be held responsible for joinery rotting, warping, twisting or shrinking unless the above is adhered to.
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.
1.15 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.
1.16 Defects: In the case of a defect arising after delivery resulting from timber movement or goods that materially deviate from the description or specification applicable to them occurring within 3 months of delivery, you should notify us in writing, within 14 days of the defect becoming apparent, supplying full details of any defects or failure to conform or timber movement. We will then rectify or replace any defective goods or goods that materially deviate from the description or specification applicable to them, provided that we are be given reasonable access to the goods to inspect them and rectify any such defects.
1.17 Ownership: Without prejudice and in spite of delivery having been made, property in the Goods shall not pass from the seller to the client until the client has paid the Price plus VAT in full: and no other sums whatever shall be due from the client to us.
Until such time as property in the goods passes from the seller to the client: the client shall upon request deliver up such of the goods / works as have not ceased to be in existence to us. If the client fails to do so then we may enter upon any premises owned occupied or controlled by the client where the goods / works are situated and repossess them.
1.18 Force Majeure: neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.