Fletcher Joinery - Tranditional Joinery Manufacture of wood windows, doors, staircases , conservatories and more..

FLETCHER JOINERY
261 Whessoe Road, Darlington, Co. Durham, DL3 0YL
Tel and fax:  01325 357347


TERMS AND CONDITIONS OF SALE


The following terms and conditions  (“the Conditions”) are the terms on which Fletcher Joinery sells products and/or provides a  joinery service (“the Goods”) and supersedes all other terms and conditions relating to the subject matter of these Conditions, apart from further or altered conditions specified in individual estimates or quotations:


1. PRICE AND PAYMENT


1.1. The price for the Goods ("the Price") shall be the price as stated on the quotation or estimate provided by Fletcher Joinery, or such other price as the parties may agree in writing or orally.
1.2. For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the Price shall be made by the Customer upon collection of the goods from our workshop or upon delivery.
1.3. For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, payment of the Price shall be made by the Customer within 20 days of the date of the invoice.
1.4. Fletcher Joinery understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
1.5. The Customer should understand that, for all orders over £1000 including VAT, a credit check and public record search will be made, and the Customer will be asked for written consent for this.

2. QUOTATIONS


2.1. Any quotation provided by Fletcher Joinery shall be valid for acceptance by the Customer for a period of 3 months from the date of the quotation, and Fletcher Joinery shall be required to accept an order based on the quotation within this 3 month period.


3. GOODS


3.1. All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by Fletcher Joinery or as otherwise expressly agreed in writing or orally.
3.2. Any order for Goods sent by the Customer to Fletcher Joinery shall be deemed to be accepted subject to the Conditions contained herein.
3.3. Each order for Goods accepted by Fletcher Joinery shall be deemed to be an individual legally binding contract between the parties.


4. DELIVERY


4.1. The Customer shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.2. Fletcher Joinery shall not be liable to the Customer or be deemed to be in breach of the Conditions by reason of any delay or failure in a “supply only”sale or in “installation” work if the delay or failure was due to any cause beyond Fletcher Joinery’s reasonable control.
4.3. All risk in the Goods shall pass to the Customer upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.4. If Fletcher Joinery is unable to deliver the Goods for reasons outside its control, Fletcher Joinery shall be entitled, at the  Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered.
4.5. Any cancellation of an order must be sent by the Customer to Fletcher joinery in writing.  The Customer is liable to be charged for any materials ordered or work completed for an order at the time of cancellation.
4.6. Whilst Fletcher Joinery is pleased to undertake insurance work, this is only done on the understanding that the Customer is responsible for paying Fletcher Joinery’s invoice, not the insurance company. Fletcher Joinery is unable to deal with insurance companies direct.


5. TITLE TO GOODS


5.1. Fletcher Joinery warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 5.2.
5.2. Notwithstanding delivery, title in the Goods shall not pass to the Customer until Fletcher Joinery has been paid in full for the Goods. Nothing in this Clause shall prevent Fletcher Joinery from raising an action against the Customer for payment of the Goods.
5.3. The title of any unwanted items removed by Fletcher Joinery as debris or rubbish from the Customer’s property transfers immediately to Fletcher Joinery.


6. DAMAGE IN TRANSIT


6.1. Upon serving notice within 24 hours of delivery to Fletcher Joinery, the Customer shall be entitled to replacement Goods if Fletcher Joinery is reasonably satisfied that the Goods have been damaged during transportation arranged by Fletcher Joinery.


7. GUARANTEE


7.1. Where the Goods have been manufactured by Fletcher Joinery and are found to be defective, or installation work by Fletcher Joinery is found to be defective, Fletcher Joinery shall repair or, in its sole discretion, replace defective Goods free of charge upon the following conditions:
7.1.1. the Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention;7.1.2.such notice being served within 30 days of delivery or collection for a “supply only” sale, or within 2 years of the date of the invoice for “installation” work;
7.1.3. the defect being due to Fletcher Joinery’s faulty design,  workmanship or materials;
7.1.4. the Customer having complied with Fletcher Joinery’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice; and 7.1.5.the defect is not due to rot or insect attack of joinery items as specified in Clause 9.3.
7.2. Any Goods to be repaired or replaced under Clause 7.1 for a “supply only” sale shall be delivered to Fletcher Joinery at the Customer’s expense.
7.3. Where the Goods have been manufactured by a third party Fletcher Joinery shall where possible pass on to the Customer
the benefit of any warranty in respect of the Goods granted to Fletcher Joinery by such third party.  This includes items such as double-glazing units and UPVC items.


8. LIMITATION OF LIABILITY


8.1. Subject to Fletcher Joinery’s liability under Clause 5 and subject to Clause 11 Fletcher Joinery shall not be liable to the Customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the Customer or for any loss or damage to or caused by the Goods.
8.2. Subject to this Clause 8 and Clause 11 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, Fletcher Joinery grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether  express or implied by statute or common law.
8.3. Subject to Clause 11 the liability of Fletcher Joinery under this Agreement howsoever arising shall not exceed the Price.

9. JOINERY WORK


9.1. For a “supply only” sale, the Customer is responsible for the accuracy of sizes requested.  Any amendments to joinery items ordered due to inaccurate sizes will be charged for.
9.2. Whilst every attempt is made to eliminate the expansion of external joinery items such as gates, doors and windows by allowing a certain amount of clearance, Fletcher Joinery is not liable for any expansion or swelling of these items.
9.3. All external joinery items are dipped in preservative upon completion or during manufacture.  Whilst this treatment
reduces the possibility of rot and insect attack, it cannot eliminate this possibility entirely.  Hence Fletcher Joinery’s guarantee in Clause 7 does not cover rot and insect attack of joinery items.
9.4. Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.


10. GENERAL


10.1. Nothing in these Conditions shall be construed so as to exclude or limit the liability of Fletcher Joinery for breach of the warranties contained in Clause 5 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between Fletcher Joinery and the Customer for the sale and purchase of the Goods incorporating these Conditions.
10.2. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of Fletcher Joinery for death or personal injury as a result of Fletcher Joinery’s fraudulent misrepresentation, negligent actions or those of its employees or agents.


11. GOVERNING LAW AND JURISDICTION


11.1. This Agreement shall be governed by and construed in  accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.

Fletcher Joinery, 261 Whessoe Road, Darlington, DL3 0YL, UK – We are a FENSA Registered Company (#22165)
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