Our Joinery Workshop is now open for making bespoke kitchens and bespoke staircases
Our Joinery Workshop is now open for making bespoke kitchens and bespoke staircases
1.1. 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 John Boyns Carpentry 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 John Boyns Carpentry an employee or agent of the Client.
2.3. 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.
3.1. John Boyns Carpentry shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which John Boyns Carpentry will undertake for the Client.
b) The VAT to be added to the sum
c) The total sum including VAT which the Client shall be charged for the performance of the services.
The quotation and sum will account for:
i. Any fees which John Boyns Carpentry shall charge.
ii. ii. Any disbursements or expenses which John Boyns Carpentry will require the Client to meet (including but not limited to the prices of materials).
3.2. The Quotation will be attached along with these terms and conditions to the provided email address. The Client is expected to confirm in writing via an email that they wish to enter a contract for the work to be carried out. This email will also deem that the terms and conditions have been read by the customer(s) and they are happy to proceed with the works. Where a contract is entered into between John Boyns Carpentry and the Client, the Client will be deemed to have accepted the content of the Quotation and the terms and conditions in full. The services and the time and manner of their delivery will be discussed and agreed between John Boyns Carpentry and the Client. In order to secure the agreed start date a deposit will be requested.
4.1. John Boyns Carpentry 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 agreed.
4.3. Time frames and dates of delivery are provided for guidance only and John Boyns Carpentry 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 John Boyns Carpentry shall not be liable for any loss or damage suffered by the Client because of the delivery of services being delayed or postponed for any reason.
4.4. If an estimation has been provided to the client by John Boyns Carpentry for the duration of the works, this is for guidance only and not to be set in stone. Works can over run due to deliveries of materials, other trade co-ordination, insurance claims, staff absences, bank holidays, annual leave, weather, Covid-19. John Boyns Carpentry will not be held responsible for any reasonable delays.
4.5. If there is an instance that John Boyns Carpentry needs to leave site to work on another contract that takes priority, such as a deadline or emergency, then the Client is in agreement for this to happen when entering the contract. The Client will be kept informed at all times as to when the work will continue if this occurs.
4.6. If the quotation is accepted by the client, the date for the work to be carried out will provisionally be agreed and upon the deposit being paid, the provisional date will be secured. The deposit for all quotations is 50% regardless of the size of the job. By paying the deposit this permits John Boyns Carpentry to purchase the materials for the work to be carried out. Please be aware that the deposit is to cover the ordering and outlay of materials. It will be expected that when the start date arrives, an invoice for a further 25% will be sent on the Friday as part of the next instalment. At the end of the works the remaining 25% will be requested. By entering this agreement, the client is in agreement to this.
4.7. The client has a 14- day cooling off period after a deposit has been paid. This means that if a client has paid a deposit and then wants to cancel the work and no longer wants John Boyns Carpentry to carry out the work, then a full refund of the deposit will be provided by John Boyns Carpentry.
4.8. If the client cancels a job after the 14- day period then John Boyns Carpentry will be entitled to retain 10% of the deposit in order to arrange for the return of any materials, removal of work from the diary and potential loss of earnings if unable to cover the allocated days.
4.9. If the provisional date is no longer suitable for the client, John Boyns Carpentry will endeavour to find an alternative date that is available in John Boyns Carpentry’s diary, however the client needs to understand that a change to the date may mean a delay in the work commencing due to other client’s dates being secured. A time frame cannot be guaranteed, and work may have to be carried out in stages due to the change in initial date. John Boyns Carpentry is entitled to a valid reason for the request of a date to be moved. If the cost of the materials is more than the deposit paid, then the difference will be expected to be settled by the client to ensure John Boyns Carpentry is not out of pocket.
5.0. If the client requests a move in the date of work to commence less than 48 hours before the start date and materials have already been purchased, then the client will be expected to pay an administration fee of £100 for the inconvenience to John Boyns Carpentry for the loss of work for that working day.
5.1. The contract price is set out in the Quotation, which includes details of the charges which John Boyns Carpentry will make for labour, materials and plant as well as any taxes or additional costs or expenses or disbursements which John Boyns Carpentry may charge to the Client.
5.2. An email will be sent to the client stating a deposit of 50% is requested and making clear that when the work starts an invoice will be emailed to them on the first Friday that follows for a further 25% of the balance. The final 25% of the balance will either be divided into weekly instalments if the job runs for several weeks, or the final 25% will be requested at the end of the project.
5.3. If any bespoke items are being made in the joinery workshop then a deposit of 50% is expected. Items will not be released to the client or delivered until the final balance is settled.
5.4. If a situation arises where there is a disagreement or a breach in contract and the situation is irreversible then John Boyns Carpentry is permitted to leave the site immediately and send an invoice for any outstanding payments to be paid forthwith, if the work is not to continue.
5.5. If an invoice has been sent for an interim payment and no communications have been received by the client, a follow up email with the invoice will be sent requesting the interim payment to be settled forthwith. If no payment is received within 48 hours, then John Boyns Carpentry will retract his staff from the job and the work will not continue until the payment has been settled.
5.6. Notwithstanding 5.1 and 5.2 above, John Boyns Carpentry may vary the contract price from the amount set out in the Quotation where he has 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 he has 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. Any additional extras will be presented on a separate invoice which states “Additional Extras” and will be expected to be settled forthwith. Additional Extras are not part of the stipulated payments and the client is in agreement that Additional Extra invoices are to be settled forthwith.
5.7. The Client agrees:
a) That provisions are in place to ensure all interim payment requests are to be paid within time.
b) Not to withhold any sums due to John Boyns Carpentry.
c) Not to withhold communications regarding interim payments as this could lead to work ceasing.
d) To settle all invoices raised by John Boyns Carpentry within 5 working days.
e) To pay to John Boyns Carpentry 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 5.8 d)
f) To pay to John Boyns Carpentry such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
Cancellation In accordance with the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (2008)
5.8. The Client may cancel this contract within 14 calendar days of signing this agreement and shall be entitled to a full refund of any monies paid to John Boyns Carpentry, less an amount representing any reasonable administration costs which John Boyns Carpentry has incurred. Any cancellation outside this period the client will not be entitled to a refund of any monies paid.
6.0. The Client shall be responsible for the correctness of all measurements for products or materials which they give to John Boyns Carpentry. Where the Client has provided measurements which are found to be incorrect or wrong materials/products have been ordered by the Client and given to John Boyns Carpentry, the Client shall bear the expense of rectifying this which can also include labour time that has been wasted from not being able to carry on with the work due to incorrect measurements/products/materials.
7.2. The Client shall co-operate with John Boyns Carpentry as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting John Boyns Carpentry to carry out a pre-health and safety check of the premises ensuring work can be carried out in a safe manner. If the pre-health and safety check identifies any hazards that could pose a risk, the client is in agreement to rectify these prior to any work starting.
b) Permitting John Boyns Carpentry 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 and lighting.
c) Providing John Boyns Carpentry with necessary facilities such as a toilet, wash basin and a provision for drinks in order to carry out the services in accordance with health and safety guidelines. If the client is not happy with John Boyns Carpentry’s team using their toilet facilities or there are no provisions, then a port-a-loo will be ordered and placed on site at a cost to the client.
d) If work is to be carried out in an occupied room within the property, it is the client’s responsibility to ensure that room is fully cleared to allow access for work to be carried out. If this is not provided John Boyns Carpentry will charge a fee of £50 to clear this and will not take any responsibility for damage to any individual items. The room must be free from obstruction and provide a safe traffic route.
e) If a skip is to be hired and cannot be located on the client’s drive, a permit will be added to the cost of the skip hire for the client to pay. If the skip cannot be placed in close proximity for example a driveway and John Boyns Carpentry have to carry waste to the skip which is further than 5m away from site then a carriage charge of £200.00 will be applied to the quote for the client to pay.
f) If occupants are to be in the property when work is being carried out, they advised John Boyns Carpentry who is to be on site at all times due to fire safety and hazard safety. No occupier is to enter the work zone without permission in order to protect them from injury. If there is excessive quantities of dust from the work being carried out, the client is in agreement to wear a PPF3 respirator mask.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after John Boyns Carpentry has completed the agreed services (with the exception of the removal of waste materials or building rubble, which shall be the responsibility of John Boyns Carpentry as set out in 8.4, below).
7.4. Where John Boyns Carpentry 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 John Boyns Carpentry 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 he has applied for and obtained all such necessary permissions, licence or consents prior to contracting John Boyns Carpentry.
7.6 Where the work is to be carried out in a parking permit area, the client must ensure that provisions of a temporary parking permit is available for John Boyns Carpentry’s vehicle to be kept near to the site.
8.1. John Boyns Carpentry shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. Compliance will be adhered to with all relevant codes of practice and statutory or regulatory requirements.
8.2. John Boyns Carpentry 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. John Boyns Carpentry shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of permitting him to self-certify the compliance of the services provided with the relevant building regulations or alternatively if he is not so accredited then he shall make arrangements for a building inspector to certify the compliance of the services provided with the relevant building regulations.
8.4. John Boyns Carpentry 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. A valid waste carriers licence will be in place at all times.
8.5. John Boyns Carpentry 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 John Boyns Carpentry in providing or delivering the service shall remain with John Boyns Carpentry 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 John Boyns Carpentry to the consumer:
a) Where John Boyns Carpentry is responsible for delivering the products or materials to the Client, upon delivery; or
b) Where John Boyns Carpentry is not responsible for delivery, at the moment the products or materials leave John Boyns Carpentry storage premises.
10.1. John Boyns Carpentry provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of one year from the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow Instructions or recommendations on the part of the Client.
b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client.
10.2. John Boyns Carpentry shall, at his sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing, re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid
10.3. Where the Client considers that the services are defective upon delivery or performance then he shall notify John Boyns Carpentry of this within 30 days, failing which he shall not be entitled to claim the benefit of this guarantee.
10.4. This guarantee shall not become effective until the Client has paid John Boyns Carpentry in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
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 John Boyns Carpentry 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.
d) If the Client enters the contract and then on multiple occasions repeatedly changes the plan of the work or opts for different materials once work has been started and the initial materials have been used, or labour time is being wasted and timeframes are not going to be met, then this will be deemed a breach in contract. If the Client requires a reasonable variation to the initial quotation, this will not be considered a breach, however it will be entered into a Variation Logbook and will require the Client to sign as evidence of their agreement, as this variation could incur additional costs.
e) If payment is withheld or there is no communications after the time frame the interim payments have been requested and settled by, this shall be deemed a breach in contract where John Boyns Carpentry can refuse to return to site until the payment(s) have been settled. It will then be at John Boyns Carpentry’s discretion is work is to continue
11.3. Upon termination of the employment of John Boyns Carpentry under this agreement the Client shall pay to John Boyns Carpentry 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 John Boyns Carpentry 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. John Boyns Carpentry 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 John Boyns Carpentry’s liability for death or personal injury. Indemnity The Client shall indemnify John Boyns Carpentry against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
13. 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, Bank Holidays and pandemics.
Warranty of Contractual Capacity
14. 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. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
14.1. 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.
14.2. 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.
14.3. 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.
14.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
14.5. 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.
14.6. 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