Terms of website use
Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law; we exclude all liability for loss or damages direct or indirect arising from use of this site.
Information about us
[www.localcarpenteandjoiner.co.uk] is a site operated by [Local Carpenter and Joiner (“We”); we are a COMPANY registered in England and Wales under registration number [REG NO.]. Our registered office is [OFFICE ADDRESS]. We have other offices at [OTHER OFFICES (IF APPLICABLE)]. Our VAT number is [VAT NUMBER].
We are regulated by the [REGULATORY BODY] and authorized and regulated by the [REGULATORY BODY].
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to oursite
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links from oursite
Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
[TRADEMARK NAME] is a UK registered trade mark of [Local Carpenter and Joiner].
General Terms & Conditions
1. Parties, Definitions and Interpretation
In these terms and conditions (which are referred to in this document as “these terms”), “Customer” means the customer for whom the Works are to be carried out by Local Carpenter and Joiner, “Local Carpenter and Joiner” means Local Carpenter and Joiner Maintenance Services Limited (“AMSL”) or, as the case may be, a franchisee of AMSL carrying on business pursuant to a Franchise Licence Agreement entered into with AMSL, “Contract” means the agreement between the Customer and Local Carpenter and Joiner to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and Local Carpenter and Joiner (“the Agreement”)) the Agreement, “Works” means the works described in Local Carpenter and Joiner’s estimate and/or as referred to in Local Carpenter and Joiner’s Work Detail Sheet or any other document or email issued by Local Carpenter and Joiner, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing” includes by email and any document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to Local Carpenter and Joiner’s reasonable discretion.
2.2 All estimates given by Local Carpenter and Joiner, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between Local Carpenter and Joiner and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and Local Carpenter and Joiner, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.3 The Customer acknowledges that Local Carpenter and Joiner has not made any representations (other than any expressly stated in the Contract and/or in Local Carpenter and Joiner’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and Local Carpenter and Joiner for the performance of the Works (and detailed in paragraph 4 below).
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of Local Carpenter and Joiner of any documentation of the Customer shall not imply any modification of the Contract.
Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
3.The Price, Estimates and Variations
3.1 Unless Local Carpenter and Joiner provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of Local Carpenter and Joiner’s standard Rate Card applicable at the time the Works are carried out.
3.2 Any estimate by Local Carpenter and Joiner is subject to withdrawal by Local Carpenter and Joiner at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.3 Where Local Carpenter and Joiner provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by Local Carpenter and Joiner in the estimate and also except as follows:
3.3.1 an estimate is based on the information made available to Local Carpenter and Joiner by the Customer. If during the conduct of the Works it becomes apparent to Local Carpenter and Joiner that that information was either incorrect or insufficient in any respect that Local Carpenter and Joiner considers to be material, Local Carpenter and Joiner reserves the right to inform the Customer and to increase the estimated price to take account of the revised information, and
3.3.2 if prior to carrying out the Works, there is an increase to Local Carpenter and Joiner of more than 10% in the cost of any relevant materials, equipment hire or transport since the date upon which Local Carpenter and Joiner’s estimate, written, emailed or oral, was provided, Local Carpenter and Joiner reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.
3.4 For materials that are not carried as part of Local Carpenter and Joiner’s standard van stock, unless it is with respect to Works for which there is an estimate which includes all collection fees, Local Carpenter and Joiner charges a fixed materials collection fee of £50 . Where an item is not easily sourced or generally held by the major suppliers used by Local Carpenter and Joiner and it considers that significant time will need to be spent tracing and then collecting it, Local Carpenter and Joiner will inform the Customer in advance and, unless the Customer sources the item itself, this will be charged on a time basis as per Local Carpenter and Joiner’s standard Rate Card. It should be noted that this is an infrequent occurrence.
3.5 Local Carpenter and Joiner’s standard Rate Card is available for inspection both on Local Carpenter and Joiner’s website (www.Local Carpenter and Joiner.co.uk ) and at Local Carpenter and Joiner’s premises during normal business hours. The Rate Card specifies half hourly rates. There is a minimum charge of one hour. Subject to that, charges are made by the half hour, rounded up to the next half hour.
4. The Works
All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.
5. The Price
5.1The price payable by the Customer is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates provided by Local Carpenter and Joiner are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable.
5.2If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by Local Carpenter and Joiner to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.
6.1 Payment by the Customer is maid based on all the materials cost with half the labour upfront and the rest on completion. All final payment must be made on such agreed completion dates.
6.2 Local Carpenter and Joiner will seek to final submit invoices to the Customer within 14 days of completion of the Works and, subject to paragraph 8 below, payment must be made by the Customer within 30 days after the date of issue of the invoice.
6.3 Snagging: Where the Works have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to Local Carpenter and Joiner without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalisation of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
6.4 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless Local Carpenter and Joiner has agreed otherwise in writing.
6.5 Local Carpenter and Joiner shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 4% above the Bank of England base rate at the relevant time.
6.6Local Carpenter and Joiner shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
6.7 Title in all parts and other goods supplied by Local Carpenter and Joiner shall not pass to the Customer until payment for the Works has been made in full.
7. Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only. Local Carpenter and Joiner shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 16 below.
8. Inspection of Works
The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
The Customer shall indemnify Local Carpenter and Joiner against all actions, suits, claims, demands, losses, charges, costs and expenses which Local Carpenter and Joiner may suffer or incur in connection with a claim by any third party resulting from a breach of the Customer’s obligations, undertakings, representations and warranties in connection with this Contract.
10. Whole agreement and Exclusion of liability
These terms set out Local Carpenter and Joiner’s entire liability in respect of the Works and Local Carpenter and Joiner’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
11. Limitation of Liability, and Liability of Local Carpenter and Joiner Local Carpenter and Joiner’s liability shall be limited to:
11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above;
11.2 liability for death or personal injury resulting from negligence in the course of carrying out Local Carpenter and Joiner’s duties, and
11.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from Local Carpenter and Joiner’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
11.4 Any recall arising from circumstances or factors known to the Customer and to Local Carpenter and Joiner shall be resolved and fixed but customers will not be entitled to a refund once the job has been completed.
Local Carpenter and Joiner will not be responsible for damage suffered to a part of the Customer’s property (whether or not Local Carpenter and Joiner is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
12. Permits, Licences, other Consents and Access
It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless Local Carpenter and Joiner agrees otherwise in writing. The Customer shall provide clear access to enable Local Carpenter and Joiner to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for Local Carpenter and Joiner and its employees, agents and sub-contractors for the purposes of carrying out the Works. Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, Local Carpenter and Joiner reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3.2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for Local Carpenter and Joiner to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify Local Carpenter and Joiner against all claims of whatsoever nature made by third parties arising out of the presence of Local Carpenter and Joiner its employees, agents or sub-contractors on the Customer’s property save where such claim results directly from negligence on Local Carpenter and Joiner’s part. The Customer shall be liable to Local Carpenter and Joiner for all loss or damage whether direct, indirect or consequential which is suffered by Local Carpenter and Joiner as a result of failure or delay by the Customer in performing the obligations referred to above.
Subject to paragraph 8 above and the exclusions listed below, Local Carpenter and Joiner undertakes to repair or make good any defect in completed work which appears within six months of completion of the same to the extent that such defect arises from a breach of Local Carpenter and Joiner’s obligations under this Contract and provided that details of the defect are notified by the Customer to Local Carpenter and Joiner in writing within such period and that Local Carpenter and Joiner and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by Local Carpenter and Joiner and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If Local Carpenter and Joiner returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of this Contract on the part of Local Carpenter and Joiner, Local Carpenter and Joiner reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3 above. Local Carpenter and Joiner reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work was originally carried out and completed by Local Carpenter and Joiner or where payment has not been made in full for such work. Exclusions are:
- Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee, and are not guaranteed by Local Carpenter and Joiner. - Systems or structures not installed by Local Carpenter and Joiner.
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to Local Carpenter and Joiner prior to the work having been undertaken.
- Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Local Carpenter and Joiner).
- Structural defects encompassing but not limited to subsidence and its resultant effect.
- Damage to drainage systems caused by root penetration or any other outside force. - Any roofing work where Local Carpenter and Joiner advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
- Any work to repair an existing lock, or to fit any lock not supplied by Local Carpenter and Joiner.
14. Force Majeure
Local Carpenter and Joiner will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God or any other event or occurrence beyond Local Carpenter and Joiner’s control.
15. Customer’s Liability The Customer shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms.
- Providing all necessary power and a clean water supply for Local Carpenter and Joiner’s use in the execution of the contracted works.
- The safety of both plant and machinery belonging to or hired in by Local Carpenter and Joiner or its employees, agents or sub-contractors and shall indemnify Local Carpenter and Joiner against its loss, theft or damage.
16.1 If the Customer cancels the Contract without Local Carpenter and Joiner’s consent other than pursuant to paragraph 3.3 above, the Customer shall indemnify Local Carpenter and Joiner against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to Local Carpenter and Joiner’s right to payment in accordance with paragraph 6 above or to the cancellation charges pursuant to paragraph 16.3 below.
16.2 If the Customer wishes to cancel an appointment for a visit by Local Carpenter and Joiner, the Customer will incur a cancellation fee of £10 (plus VAT) if the cancellation is made less than 24 hours (but more than 2 hours) before the time scheduled for the appointment and of £50 (plus VAT) if the cancellation is made 2 hours or less before the scheduled appointment time.
17. Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
18. Frozen Pipes
Local Carpenter and Joiner will not be liable for any fracture found in frozen pipes attended by Local Carpenter and Joiner. Local Carpenter and Joiner will not guarantee to clear blockages occurring in a frozen pipe or drain.
19. Waiver, Variation etc.
No waiver by Local Carpenter and Joiner of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against Local Carpenter and Joiner unless sanctioned in writing by Local Carpenter and Joiner. No forbearance or delay on Local Carpenter and Joiner’s part shall prejudice Local Carpenter and Joiner’s rights and remedies under this Contract
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