Terms and Conditions - Any Terms and Conditions that exist between Apex Carpentry & Property Maintenance Ltd and yourself ‘THE CUSTOMER’ is in accordance with English Law. Reference to ‘YOU’ means ‘the customer’. Reference to ‘THE CONTRACTOR’ means Apex Carpentry & Property Maintenance Ltd ’
It is assumed that the CUSTOMER has read and agreed to the following terms and conditions before any work begins
.
Please ensure that there is plenty of space for Apex Carpentry & Property Maintenance Ltd to work in. Please ensure the area to be worked in is clear of all personal belongings, unless agreed otherwise. We supply dust sheets and some tools have professional dust extraction ports however some fine dust may settle after work so please ensure all fragile or easily damaged belongings are removed.
We will need uninterrupted electrical power supply and a clean site to work efficiently.
If painting is required we achieve a hand painted finish (not sprayed), unless stated otherwise.
Please supply parking vouchers (where required). Our quotes do not include any budget for parking expenses.
Every effort is taken to avoid damage of any sort. Please inform us of the position of cables or pipes known to you, also the location of your water stop cock and fuse box
QUOTATION
Apex Carpentry & Property Maintenance Ltd will validate any quotations within a 30 day period. Any quotations passed this period may no longer be current, due to product price increases, not necessarily associated with Apex Carpentry & Property Maintenance. Ltd Apex Carpentry & Property Maintenance Ltd reserves the right to amend any quotation during this period, if the amendments are requested by the customer/client, provided all amendments are authorised using ‘additional work sheets’, the customer/client will be liable for all additional work, goods and or services in accordance with such requests. Upon acceptance of any quotation then all customers/clients are bound by the terms and conditions associated with payments, cancellation charges and any other conditions in accordance with Apex Carpentry & Property Maintenance Ltd.
DISCLAIMER AGAINST GOODS,SERVICES & PRODUCTS
All services provided by Apex Carpentry & Property Maintenance Ltd will be given and supplied in good faith based upon their combined business acumen. However, where their craftsmanship and or services entail the use of any wood product whatsoever, Apex Carpentry & Property Maintenance Ltd cannot indemnify and or guarantee against any movement that using such natural/raw products may be subject to. Such materials can and may be prone to movement depending on the atmospheric conditions in which the product(s) may be used, supplied and or stored and will depend upon their usage. Apex Carpentry & Property Maintenance Ltd will ensure that all customers (domestic and business) are aware that the use of such materials is done so with an element risk, in that the product because of the natural aspect can and will change over a period of time. Therefore Apex Carepntry & Property Maintenance Ltd will accept no liability whatsoever in relation to such product(s) and cannot be held liable for such situations, that may arise from using any natural products, materials or goods. Whilst every effort is made and or attempted to eliminate the expansion of external joinery items by allowing a certain amount of clearance, Apex Carpentry & Property Maintenance Ltd will not accept liability for expansion and or swelling of these or any other natural materials/items.
TITLE TO GOODS
In accordance with Apex Carpentry & Property Maintenance Ltd Terms and Conditions once all goods are on-site, fitted and or used in connection with the supply and or fitting of the specific purpose, in accordance with customer specifications these products will remain the property of Apex Carpentry & Property Maintenance Ltd, until such time as they have been paid for in full and then ownership and or responsibility will transfer to the customer/client. Failure to pay will validate all points contained in section 18 of these Terms and Conditions and render the goods the property of Apex Carpentry & Property Maintenance Ltd Until payment is received in full for any job, where tools, equipment, materials, products and or goods are supplied in accordance with such use, they will remain the sole property of Apex Carpentry & Property Maintenance Ltd. If any goods, materials, products, equipment and or tools are left securely at the premises of any customer and or client, all liability for such goods will remain the responsibility of the client/customer. Theft of any such items will seek to be recovered and or will be charged accordingly to the customer/client. Apex Carpentry & Property Maintenance Ltd will expect all such goods to be secured safely and remain so throughout the duration of any job. Apex Carpentry & Property Maintenance Ltd will accept no liability for any products, goods, tools, equipment and materials that are used without permission for any purpose that may cause harm, injury or damage.
PROVISIONAL/ADDITIONAL WORK SUPPLIED
All such work and or materials that are required for a specific job/purpose that is additional to the quotation that are accordingly supplied via a third party or other professional regarding second fix or specific work that Apex Carpentry & Property Maintenance Ltd are unable to provide, will be provided on the basis that such services may be subject to change and out of the direct control of Apex Carpentry & Property Maintenance Ltd, in accordance with time constraints. Apex Carpentry & Property Maintenance Ltd will accept no liability whatsoever for other individuals/professionals/third parties/contractors or sub-contractors that are on-site or due on-site and or whose deadlines change without notification, or so suddenly that notice cannot be given, thus causing disruption and unavoidable expenditure due to such action. Whilst every effort will be made to avoid such a situation, any such occurrence will be outside the remit of Apex Carpentry & Property Maintenance Ltd and as such all liability arising from such an incident will be limited as such. Apex Carpentry & Property Maintenance Ltd will always endeavour to work within specified time constraints, however, situations may arise that are out of Apex Carpentry & Property Maintenance Ltd control and as such will accept no liability for such loses that arise due to such unforeseen circumstances.
MATERIALS SUPPLIED AS PER QUOTATION
All materials supplied in accordance with the quotation will be supplied where advised, should for whatever reason the goods, materials and or products have to be changed or be substituted, then Apex Carpentry & Property Maintenance Ltd will notify the customer/client and ensure that all such changes are validated and approved beforehand. Where possible any such changes will be made and charged as per the initial quotation, should any alternative product, goods or materials incur additional cost, approval for such increases will be sought prior to any changes being made. Once approval is sought and confirmed then the additional costs will be noted separately upon invoicing and will enact the payment terms contained within these ‘Terms and Conditions of Service’.
COMPLETION OF WORKS
Should for any reason the customer/client change their mind during and or prior to any job/work commencing, having acknowledged that the job/work is to commence or has already commenced, Apex Carpentry & Property Maintenance Ltd will treat each individual circumstance upon its own merit to ascertain whether payment is required in full or whether a part-payment would be acceptable. Any products, goods, materials, hire costs and or expenses associated with the commencement of such job or work may be chargeable to the customer/client.
WORKING HOURS
Will vary according to the job and or customers needs and or requests and if there are any stipulations and or restrictions with on-site access and or security. If for whatever reason a time to commence any work has been agreed, then Apex Carpentry & Property Maintenance Ltd will adhere to such times as is reasonable, allowing for minor delays. Any considerable delay will be notified to the customer/client. Should for whatever reason Apex Carpentry & Property Maintenance Ltd are not be able to gain entry on the date and or time agreed which then incurs costs, charges or expenses that have not been agreed and or foreseen due to such denial of access, all such costs whether incidental or otherwise associated with wages, losses, hire charges of equipment of charges incurred by a third party will be chargeable without exception. Whilst Apex Carpentry & Property Maintenance Ltd acknowledge that there can be exceptional or extreme circumstances and or reasons, these must be conveyed immediately, and failure to do so will render the associated costs to be fully charged to the customer/client in accordance with the payment terms contained within these ‘Terms and Conditions of Service’.
EXTERNAL SERVICES
All such services provided outside the limitations or scope of Apex Carpentry & Property Maintenance Ltd will be carried out and or conducted by the respected qualified trade and or professional company or person. As such these services will carry their own guarantee and or product liability. If Such services are provided or sourced by you directly then Apex Carpentry & Property Maintenance Ltd will not accept no responsibility or liability whatsoever for any defects,faults, damages or losses associated with such work that is carried out independently of Apex Carpentry & Property Maintenance Ltd
CUSTOMERS OBLIGATIONS
If for any reason there arises a situation where Apex Carpentry & Property Maintenance are asked to return to a job/or site to rectify a problem that has occurred within the agreed timeframe of not more than 1 month from commencement of any job, the Customer/Client must and does agree to provide Apex Carpentry & Property Maintenance Ltd with access, and an adequate and reasonable opportunity to return and correct any such fault that arises from defective products, goods, services and or materials. Under no circumstances, whatsoever, will Apex Carpentry & Property Maintenance Ltd be expected to settle accounts/invoices from the Client/Customer that have obtained the services of another or outside professional or tradesperson to correct the work independently.
PRODUCT & SERVICE INFORMATION
Whilst Apex Carpentry & Property Maintenance Ltd cannot guarantee all aspects of their work due to the nature of some materials, products and goods that they may be required to work with, they can endorse their policy of returning to a job within a timeframe of not more than 1 month from date of commencement, to rectify any faults or defects, when the job has been completed. This endorsement will be undertaken provided the faults and or defects are to do with the services and materials provided by Apex Carpentry & Property Maintenance Ltd ONLY at the time the work/job was carried out and ONLY for the purpose such goods, materials or products were supplied to do. Apex Carpentry & Property Maintenance Ltd will not attempt to correct, repair or exchange goods or materials that were not initially supplied by them. All such repairs and or defects will be corrected within a convenient and reasonable timescale to suit the customer and or client’s agenda. However if Apex Carpentry & property Maintenance Ltd ascertain that such defects or faults have occurred through other means such as vandalism or malicious intent or willful damage Apex Carpentry & Property Maintenance Ltd will not be at liberty to correct such damage or defects. Apex Carpentry & Property Maintenance Ltd cannot guarantee or protect against everyday ‘wear and tear’ of their completed work.
ADDITIONAL WORK
All additional work over and above the authorised quotation will be charged for without exception.. No additional work and or materials will be supplied unless the customer/client has agreed such work/changes.
COSTS & EXPENDITURE
Apex Carpentry & Property Maintenance Ltd will enlist the help of a solicitor for any unpaid invoices. Any costs incurred in relation this in way of recovery of any outstanding invoices to the Customer/Client outlined in this agreement will be charged to the said Customer/Client, including all administration, debt recovery fees and where applicable Court fees.
PAYMENT TERMS
Apex Carpentry & Property Maintenance Ltd requires immediate payment upon completion of any works, unless agreed otherwise. Should these terms be exceeded without the authorization Prior, then without exception the matter will be passed onward for collection. This service will incur a debt recovery fee and also administration charges will be applied to the account at 10% per month, backdated whilst the account remains in arrears. Should the matter progress to Court then further interest charges will also be applied. According to the Sale and Supply of Goods Act 1994 when any customer and or client unequivocally accepts and receives goods or services then there is an implied term to pay for such goods and or services and failure to do so will breach this implied term and can render the contract void. As such Apex Carpentry & Property Maintenance Ltd will seek to rescind such a contract and therefore will seek to have all services, goods, materials and associated costs reimbursed in full. According to Section 69 of the County Courts Act 1984 and or the Late Payment of Commercial Debts (Interest) Act 1998 Apex Carpentry & Property Maintenance Ltd will also request that interest is charged to the account accordingly on all outstanding accounts.
PART PAYMENT FOR SERVICES COMMENCED BUT NOT COMPLETED
Part-Payments or full payment will also be required if the services, products, materials and goods are supplied by Apex Carpentry & Property Maintenance Ltd to the customer/client but are no longer required however work has already commenced, unless expressly authorised to the contrary by Apex Carpentry & Property Maintenance Ltd. Part payment monies will be decided depending on the individual circumstances and awarded upon merit of each situation. Whilst Apex Carpentry & Property Maintenance Ltd are sympathetic to changing needs whether personal or business, if the services of Apex Carpentry & Property Maintenance Ltd have been sought and enlisted then as such payment for such services whether completed or otherwise will be required.
SERVICES IN GENERAL
All the services, products, goods and materials that are supplied by Apex Carpentry & Property Maintenance Ltd are given and provided with the utmost professionalism. Slander, Libelous or abusive behavior will not be tolerated whatsoever, such unwarranted attitudes or communication will result in legal proceedings being issued.
DEPOSIT
For quotes under £2,000 a 35% deposit is required to secure the job and an agreed date. For quotes between £2,000 -£3,500 a deposit of the higher value of either 40% of the total cost or the total cost of materials is required to secure the job and an agreed date. For jobs over £3,500 the cost will be broken down into 3 or 4 stage payments with the deposit of a third of the total price of the work.
PERMISSION & BUILDING REGULATIONS
It is the customer’s responsibility to ensure that Local Authority approval with regards to Planning Permission and/or Building Regulations is sought if necessary. This includes applying for Planning Permission and/or Building Regulations Approval, providing all associated plans and drawings and paying any associated fees. A letter granting permission to start building work must be obtained before any works begin. In the case of removal or alteration of load bearing and/or non load bearing walls, it is the customer’s responsibility to obtain advice from a structural engineer and obtain any drawings and calculations necessary.
CUSTOMER SUPPLIED MATERIALS
The customer must ensure that any supplied materials are delivered to site in time for commencement of works. Where Apex Carpentry & Property Maintenance Ltd is not responsible for the supply of goods. It is the responsibility of the customer to obtain immediate replacement of any faulty, damaged or incorrect goods to avoid additional fitting cost. Where it is necessary for Apex Carpentry & Property maintenance Ltd to purchase materials that should have been supplied by the customer, these will be subject to a 35% mark up on cost price. This mark up is necessary as materials purchased and charged back to the customer increases Apex Carpentry & Property Maintenance Ltd annual turnover and is subject to taxation.
CUSTOMER SUPPLIED KITCHEN DESIGNS & PLANS.
The customer must ensure that all plans, including kitchen design plans, have been drawn up and are correct before any installation work takes place as the contractor cannot be responsible for a plan drawn up by others. Any deviation from the plan whilst works are taking place must be discussed and agreed between the customer and contractor. Should the installation or kitchen design vary substantially from the original plan it may be necessary to obtain another plan at the customer’s expense
.
RUBBISH DISPOSAL.
Unless stated all rubbish removal is the customer’s responsibility, due to the high volume of packaging some materials/kitchens have I am unable to dispose of this myself. However, I can quote and have the rubbish collected by a registered contractor for an additional charge. Apex Carpentry & Property Maintenance will not accept the responsibility for the removal of hazardous waste such as asbestos, gas canisters, fridges and freezers etc..
EXISTING APPLIANCES, BOILERS, TANKS, CYLINDERS AND PLUMBING.
It is assumed that all existing white goods, boilers and plumbing system are in full working order at commencement and for the duration of works. It is not uncommon for underlying faults in older appliances, boilers, tanks and cylinders to be aggravated by, for example, disturbing old pipes and valves, increase or decrease in water pressure or isolation of water and/or electricity. Apex Carpentry & Property Maintenance cannot be held responsible for this, unless the fault is due to a direct fault caused by Apex Carpentry & Property Maintenance
INCOMPLETED WORK.
In the event that work cannot be completed where faulty or incorrect goods have been supplied by the customer Apex Carpentry & Property Maintenance will insist that all work even if incomplete is paid for. A minimum hourly rate of £35.00 shall apply for the amount of time that has been taken, or is required for any further visits.
DISCLAIMER.
All advice given by Apex Carpentry & Property Maintenance is in total good faith. No legal prejudice or commitment is implied with the exception of written quotations.
Customer supplied materials are not covered by this guarantee.
Kitchen worktop joins can fail if worktop manufacturers care instructions are not carefully adhered to, therefore any guarantee of durability are strictly limited.
Any evidence of interference or modification by the customer or third parties on any part of the installation will cancel this guarantee.
Contact us with your enquiry or to book for a free no obligation estimate!