Terms and Conditions
These Terms and Conditions are the standard terms which apply when a customer places an order for goods and installation of services and we, the contractor, accept the order and the contract is made “off the premises” of the contractor.
2. PERMISSIONS AND SAFETY
2.1 It is the responsibility of the customer to obtain all necessary planning permissions and building consents prior to the commencement of thatching works. The customer shall be responsible for the payment of all fees connected with permissions.
2.2 Ensure all overhead cables /wires are well insulated.
3.1 The contractor will carry out and complete the works in a proper and workmanlike manner
3.2 If the contractor becomes aware of any divergence between the statutory regulation and the contract then they will inform the customer immediately and will not be held liable for works carried out.
3.3 Unless otherwise agreed in writing the contractor shall provide all labour and equipment necessary for the proper execution of the work.
3.4 The contractor shall indemnify the customer against personal injury or death to any person, arising from the course of this work. Also the contractor shall indemnify the customer from loss of damage to property real or personal.
3.5 The customer must advise his insurers that building works are being carried out on his property and to ensure that their insurance covers against loss or damage by fire or any other risks arising out of and during the building operations.
3.6 The date agreed for completion is subject to alteration in the event of delays occurring through inclement weather, additions or variations to the work described in the estimate, shortage, difficulty, impossibility or impracticality in obtaining materials necessary for carrying out the work or other cause beyond the control of the contractor, its employees or sub-contractors.
3.7 The customer must supply an adequate water and electricity supply. Use of toilet facilities is greatly appreciated.
3.8 Every endeavour will be used to do the work carefully and it is advised that all movable items be removed from the working area to minimise risk of accidental damage. Slight damage may occur, if so it will be brought to your attention and will be made good. Some damage to the garden may be inevitable and the owner is advised to move or cover up any plants that are liable to be affected.
3.9 All materials shall remain our property until they have been paid for in full and any surplus materials shall remain our property
4.1 Any variations to the work described in the estimate and authorised by the customer, whether by addition, omission or substitution of any work and cost of such should where practicable be agreed in writing before the variation is carried out.
4.2 In the course of any new thatching work being applied to existing wood work or structures, if in the opinion of the contractor the structure is incapable of sustaining the thatch or additional thatch, such structure shall be replaced or repaired with the agreement of the customer to the additional work and at an agreed increased cost.
This estimate is subject to review by us if not accepted within thirty days of the issue date.
Payment of the whole account shall become due in stages:
5.1 Payment of 40% of the estimated cost immediately upon delivery of materials on site.
5.2 Payment of 30% of the estimated cost at approximately the halfway stage of work completion.
5.3 Payment of 30% of the estimated cost with the addition of any extras will become due seven days after completion of the described and agreed work or within seven days of the submission of the final account, whichever shall be later.
5.4 Notice of payment will be made 5 days prior to invoicing either verbally or in writing and settlement will be required within 7 days of issue of any invoice.
5.5 If the amount invoiced is not paid in full within the time scale then the contractor has the right to charge interest and claim compensation for debt recovery costs. The contractor maintains the right to suspend work and leave site in a safe and secure condition until payment is received in full.
5.6 Time delays caused by late payment will be added to the time period of the contract.
6.1 Defects which exist at or appear within three months from the completion of the work, if shown to arise from faulty workmanship or materials will be made good by the contractor at their own cost. Notice in writing must be given of such defects before the expiry of the period stated.
6.2 Our guarantee does not apply to any defects caused by:
- o Normal wear and tear
- o Deliberate damage and/or misuse
- o Accidental damage
- o Damage from birds or vermin
- o The alteration or repair by you or any third party that is not authorised by us
6.2 Limit of liability – All materials supplied are subject to any conditions of sale attached thereto by the manufacturer or supplier. In the event of any material proving to be defective, the contractor’s liability is limited to such amount by way of damages as may be recovered from the manufacturer or supplier.
Any complaints, disputes or differences arising out of the execution of the work is to be referred, upon application of either party, to a person to be nominated by the Executive of the National Society of Master Thatchers Ltd (www.NSMTLTD.co.uk) whose decision shall be final and binding on both parties.
8. THE CONTRACT
These terms and conditions govern the sale of goods and services by Us the Contractor and will form the basis of the Contract between Us and You the Customer. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure of any part of these Terms and Conditions, please ask us for clarification.
8.1 Your Order constitutes a contractual offer that We may, at our discretion, Accept
8.2 A legally binding contract between us and you will be created upon Our acceptance in writing or by email, of Your Order.
9. COOLING OFF PERIOD
You have a statutory right to a “cooling off” period of 14 days starting from the date of signing this contract. If You wish to cancel the contract within this period, you must inform us immediately and clearly in writing. You may wish, but you do not have to, to copy this contract and sign the form of cancellation section below and send it to the above address.
10. LAW AND JURISDICTION
This agreement shall be in accordance with the law of the United Kingdom and is binding on receipt of a signed agreement for the quotation.
11. DATA PROTECTION
All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act. We may use Your personal information for research purposes under THATCHMARK. We will not pass on Your personal information to any other third parties.