Contract – The Contract between the Customer and the Company
Contract Price – The amount charged by the Company to the Consumer for the Work and any additional items and charges made.
Company – Creative Woodwork Limited
Customer – The customer purchasing a Unit/Units from the Company
Deposit – The non-refundable payment of 50% of the initial Contract price. The Deposit must be paid before any technical drawings are produced.
Fitter – A Company employee who will attend on Site to install the Unit.
Major Change – A change made after approval of the Quotation by the Customer, which affects the configuration of the design, materials and/or the construction methods or techniques. All Major changes will incur additional charges. The Company has final say as to whether a Change is a Minor Change or a Major Change for the purposes of the Contract.
Minor Change – A change made after approval of the Quotation by the Customer, which is not a Major Change. The Customer is permitted to make two Minor Changes free of charge after approval of the Quotation. The Company may, at its discretion, treat a third Minor Change, and any further changes made thereafter, as Major Changes.
Order – Payment of the Deposit and written confirmation by the Customer that they want to proceed with the Contract.
Quotation – The description of the works and the Contract price offered for those works by the Company to the Customer as referred to in Clause 3.
Site – The location (usually the room) where installation of the Units is to be. The Customer must clear the Site prior to installation, and also prior to measurement if a specific appointment for measurements is arranged. If not there will be an hourly charge imposed for the delay clearing the Site causes to the installation schedule.
Terms – These terms and conditions, which apply to all Contracts unless otherwise stated.
Unit – The Company’s product, which is installed at Site by its Fitters.
Warranty Certificate – The Certificate of Warranty issued upon receipt of final payment which is both proof of the Warranty and contains guidance for the Customer for maintenance, care and use of the Unit(s).
Work – the design, creation and installation for the Unit(s) and any additional goods and services provided by the Company to the Customer under the Contract.
The Customer is referred to the Creative Woodwork Process section on the Company’s website for an overview of the normal process. The Company may change this process from time to time or in respect of individual Contracts at its discretion.
All Contracts between the Company and its Customers are subject to these Terms.
In placing an Order with the Company the Customer accepts the application of these Terms to the Contract and the Terms will become binding on the Company and the Customer in respect of their Contract from the date of the Order.
The Company’s Work for each Customer is unique. The Company will not refund the Deposit once paid, unless a request for such a refund is made prior to any Work being undertaken in relation to the Order.
These Terms take precedence over any oral or written statement, which is to the contrary, except that their application to the Contract may be amended in writing by a director of the Company.
These Terms are the only terms which apply to the Contract.
The Company may revise these Terms from time to time.
If the Company revises these Terms, the Company will give all Customers at least one month’s written notice by email of any changes to the Terms before they take effect.
A Quotation is an offer from the Company to the Customer to carry out the Work described in the Quotation for the Contract price.
Quotations and revised Quotations remain valid for 28 days from the date of issue.
Each revision of a Quotation contains a fully detailed Quotation for the proposed works. Quotations are a complete description of the work quoted for and no item or feature will be included in the Unit(s) or in the Work more generally unless expressly stated in in the Quotation to be included.
If a Customer wants to accept the offer for Works contained in a Quotation and enter into a Contract with the Company he must place his Order by paying the Company the full amount of the Deposit as stated in the Quotation. By paying the Deposit the Customer will be deemed to have accepted these Terms and the specification for the works in last revision of the Quotation, unless stated otherwise.
All Orders not exceeding £2000 must be paid in full upon placing the Order.
For Orders exceeding £2000, 50% Deposit must be paid upon placing the order. The Deposit is non-refundable. Customers are therefore asked to carefully review and check the contents of the Quotation before placing the Order.
40% of the Contract Price must be paid no later than the day before the first day of installation and prior to commencement of any works on site. The final 10% will be invoiced upon completion of the project.
All additional charges incurred during the project (such as delay and clearing charges) must be paid within 7 days of being invoiced.
Interim invoices to the value of work completed may be issued at any time. All such invoices must be paid within 7 days without deduction or set-off being made by the Customer for any reason.
Any and all late payment of any invoices will be subject to interest from the date the payment is due at the daily rate of 4% over the Bank of England base rate.
Late payment of interim invoices may cause delays in completion of the works.
All drawings, calculations, brochures and other design information produced by the Company shall remain the property of the Company and must not be copied without prior approval or the Company.
Technical drawings showing the quoted works will be produced for approval before manufacture. These drawings replace all specification and other details contained in previous work and drawings, including Quotations. Technical drawings must be approved or comments and changes supplied within 3 days of receipt by the Customer. Any delay by the Customer in supplying comments, changes or approvals will cause delay to the creation and installation of the Unit(s). Delays in excess of 28 days may lead to a change in price to reflect changes in labour costs and the prices of material and hardware supplies.
Drawings, once approved, are for the Company’s use only and the Company will not be liable for the consequences of their use by any third party or for any third party’s reliance upon the accuracy of the drawings.
The Order, and Contract Price, is as detailed in the Quotation. Once the Order has been placed any Major Change to the Work described in the Quotation, will result in a change to the Contract Price, unless expressly agreed otherwise.
By making Major Changes to the design the Customer agrees to be liable for these additional charges, which will be notified to the Customer and charged in an interim or final invoice.
Once the Technical Drawings and all other necessary details for manufacture are approved the Company will give its best estimate for the week commencing date for the likely installation date for the Order. The actual day for commencement of the installation is not likely to be fixed until the week before, once the schedule for installation for that week has been finalised.
The Company will make reasonable endeavours to keep to its estimated installation date but will not be liable for any loss or damage direct or indirect of any kind resulting from its failure to meet the estimated installation date.
Failure to meet the agreed estimation installation date is not a breach of Contract by the Company.
The Company reserves the right, at its complete discretion, to delay delivery of material to Site and delay installation where it considers that the site is not ready for such installation or the sums invoiced have not been paid in full.
No storage charges will be charged for Units, whether ready for early installation or standard installation, until the end of the week which was given following approval of all technical information as the estimation date following payment of the Deposit. Thereafter storage charges may become payable if the Customer causes delay to the installation.
There must be a Power Supply (of 240 volts) at the Site, which is free for use by the Fitters who attend site to install the Units.
The Site must be free of all unwanted items, clear and ready for installation prior to installation taking place.
Clearing and preparation of the Site for installation is not included in the Quotation. In particular, removal and disposal of existing Units is not included in the price quoted for installation unless expressly included in the Quotation.
Should the Site not be clear as at the pre-agreed date and time for installation a charge of £300 + VAT per square metre will be applied for Creative Woodwork fitters to clear the area.
The Fitters installing the Units have absolute discretion to refuse to undertake clearance of the Site.
Removal services, if provided, will not include making good remaining surfaces, unless expressly included in the Quotation for works. Creative Woodwork will not be responsible for any repairs or works needed once removal is complete.
Delays to the Fitter’s work on site caused by the customer or by any third party, such as other tradesmen working at the same location, will be charged at £85 per person per hour. This includes delay as a result of the location not being clear and ready for the installation.
Installation may cause minor damage to walls, floors, ceilings, objects and surrounding surfaces close to the location at the installation. Fitters will take reasonable steps to protect the location from damage but this cannot be guaranteed.
Customers may need to undertake minor redecoration and re-plastering at their own expense following installation and are advised to take measures to avoid such damage, for example by ensuring that wardrobes are installed prior to walls being painted in any renovation works and protecting wood flooring.
Our fitters will take reasonable precautions in their work installing Units, however, any electrical cables, pipework etc located in the area where the fitters are working must be clearly indicated to the fitters prior to them starting work on the installation. The Company will not accept responsibility for any damage caused to electrical cables, pipework etc by fitters in carrying out the installation, as a result, for example) of drilling or hammering through or otherwise rupturing such cables and pipework. We recommend that clients mark areas of wall which have such cables and pipework behind them.
The Company will not be liable for making good any damage caused by third parties during or after installation of the Units.
The Company’s Fitters will make reasonable attempts to keep the Site tidy but the Customer should expect that there will necessarily be dust, tools and materials on Site during the installation. Following installation the Company’s Fitters will clean the Site and will remove the majority of the dust and rubbish. However, if the Customer requires the Site to be cleaned to a professional level then this can also be arranged, using an external Contractor, at an additional cost which will be added to the final invoice.
Paint colours mixed to match a sample or example provided by the Customer will be matched as close as possible to that sample or example but colour matching is not guaranteed.
Wood grain & colour supplied in order to match a sample or example provided by the Customer will be matched as close as possible but exact matching is not guaranteed.
The Company can provide a range of handles for the units but the Customer is free to select their own choice of handles from outside the Company’s range. If the Customer selects their own handles they are responsible for sourcing them and supplying them to the Company’s fitter’s on Site no later than the first day of installation. A £400 charge will be made if the Company is asked to return to Site outside of the dates scheduled for installation to fit handles. Such fitting will only be possible when there is a gap in the Company’s overall fitting schedule.
If the Customer fails to make any payment as and when it falls due the Company shall be entitled to suspend performance of its obligations under the Contract.
Following suspension the Customer shall also be liable for the interest on the outstanding invoice(s), which must be paid in full before the Company will resume performance of its obligations under the Contract.
All materials and finished Units and other Work product remains the property of the Company until full payment, including payment of all additional charges incurred, has been made.
Once full payment is made title shall pass to the Customer.
Once delivered to the Site it is the responsibility of the Customer to insure the Units (and component parts of the Units) and to take care of them until the Units are installed, full payment is made and title has passed.
The total liability of the Company to the Customer shall not exceed the value invoiced for them for the Works.
The Company shall not be liable for loss of profits, loss of revenues, loss of amenity or any other type of special or indirect or consequential loss suffered by the Customer as a result of any act or omission by the Company.
Nothing in these terms and conditions shall exclude or purport to exclude the Customer’s statutory rights.
If the Customer is two or more persons then the Customer’s liability under the Contract shall be joint and several.
Any failure or delay by the Company to enforce these Terms shall not be and should not be understood as a waiver of the Company’s rights to enforce such Terms.
No third parties shall accrue any benefit or entitlement to enforce the Contract between the Company and the Customer by virtue of the Contracts (Rights of Third Parties) Act 1999.
To the extent permitted by law the Company shall not be liable for any error or misrepresentation arising from printing or clerical errors in Quotations, invoices or other documentation or any other errors made in good faith.
The Company is not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control.
If an event outside of our control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and the Company’s obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
The warranty is that the goods will be fit for purpose as specified in the Warranty Certificate issued following payment of the final invoice. That use is the reasonable and standard use for such a Unit. The warranty will not cover the Unit’s fitness for any other purpose or requirement other than as expressly referred to in the guidance in the Warranty Certificate.
If the Customer has any specific purpose or requirements for the Unit(s) outside of the standard requirements for such a Unit this must be discussed during the Quotation stage of works and expressly agreed and referenced in the specialised requirements included in the Warranty Certificate. If not this will invalidate the Warranty.
The warranty period, unless expressly agreed otherwise, will be a period of 6 years starting on the date of the final Invoice.
This warranty does not apply to any defect in the Units arising from:
The Company will wholly replace, repair or replace in part, as it deems appropriate, any Unit or part of a Unit, which the Company deems to be defective, if the existence of such defect is discovered and/or notified within the warranty period. This replacement or repair will be at the Company’s expense, so long as the Customer has already made full payment of the price and complied with the terms of the warranty.
There will be no Warranty Certificate issued unless the full price has been paid.
Prior to submission of the final invoice, the Customer will have the opportunity to inspect the Unit(s) and notify the Company of any issues noted which required further Work to be done by the Company. Our fitters will take photos of their work as they go and at the end of the installation.
Following submission of the final invoice the Company shall have no liability to repair or replace the furniture installed unless the goods have been paid for in full, including the amount in the final invoice.
The liability of the Company under this warranty shall not exceed the amount invoiced to the Customer.
This Contract is governed by the laws of England and Wales.
Any dispute arising under this Contract will be dealt with in the English Courts, unless the parties agree first to attempt to resolve the dispute by mediation or some other means.
These terms are subject to the Customer’s rights under English law. Nothing in these terms will affect these rights.
How we may use your personal information
The Company may use the information collected about the Customer to process the order submitted.
The personal data collected by the Company will be evaluated periodically from time to time to determine whether we should continue to hold it.
We will only keep a record of your contact details, the items you have purchased from us and when.
The Company will not share your data nor will it be exported outside the UK or European Union.