1. General
1.1 Any contract between SDM Joinery Hook Ltd and any of its customers for the supply and/or services shall automatically incorporate these conditions which shall prevail over any other terms and conditions attached to the customer’s order.
1.2 The waiver of any of any conditions herein at any time by the Customer shall not be effective unless it is specifically agreed in writing by SDM Joinery Hook Ltd and shall constitute a waiver for the purpose of that particular transaction only and all other conditions herein shall remain in full force and effect.
1.3 Any contract between SDM Joinery Hook Ltd and the Customer shall only arise on the written acceptance by SDM Joinery Hook Ltd of the Customer’s order.
2. Quotations
2.1. The price for the Goods (“the Price”) shall be the price as stated on the quotation or estimate provided by SDM Joinery Hook Ltd, or such other price as the parties may agree in writing or orally.
2.2 Prices quoted by the Company are firm for 28 days only or until previously withdrawn. All prices quoted are exclusive of VAT.
2.3 No order received from a customer by the Company shall constitute a contract until accepted in writing by the Company.
3. Orders
3.1. SDM Joinery require written/email confirmation of an order, agreeing to specifications discussed at consultation meeting. Any changes to an order once production has commenced may incur a cost.
3. Payment
3.1 A 50% deposit is required to secure a slot in the schedule and enable us to order materials and start the work.
3.2 The customer shall pay a further 30% 5 days prior to installation and the balance of 20% including any extras upon completion/ delivery of goods unless otherwise specified. Invoices for goods will be issued immediately on delivery or after completion and payment is due within 5 working days from this date. If payment is not made by the due date, the customer shall pay the Company interest at the rate of 4% per annum above the base lending rate of Barclays Bank plc from the due date for payment until the date of actual payment.
3.3. For supply only joinery, a 50% deposit is required and the balance paid prior to delivery of the goods.
3.4. Whilst SDM Joinery Hook Ltd is pleased to undertake insurance work, this is only done on the understanding that the Customer is responsible for paying SDM Joinery Hook Ltd’s invoice, not the insurance company. SDM Joinery Hook Ltd is unable to deal with insurance companies direct unless agreed in writing between all parties
3.5. Bank fees occurred from paying Cash into SDM Joinery Hook’s bank account will be forwarded on to the customer.
4 Joinery work
4.1 Any changes to sizes or specification are to be put in writing/email to SDM Joinery Hook Ltd prior to manufacture. Failure to do so will incur a reasonable charge.
4.2 Each order for Goods accepted by SDM Joinery Hook Ltd shall be deemed to be an individual legally binding contract between the parties.
4.3 Whilst every attempt is made to eliminate the expansion and shrinkage of external/internal joinery items such as gates, doors and windows by allowing a certain amount of clearance,
SDM Joinery Hook Ltd is not liable for any expansion/shrinkage or swelling of these items.
4.4 Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.
4.5 Painted joinery leaves the workshop as a sprayed finish, final coats will be applied by brush where needed i.e at junctions, joints and fixing points. Any scuffs and minor damage to joinery will be filled, sanded and repainted on site. Unless stated SDM Joinery are not responsible for any painting of internal or external walls, ceilings, skirtings or existing joinery.
4.6 Timber is a natural product, therefore there is always colour differentials within the wood and whilst every effort is made to ensure the colour/grain matches with other timber, tolerances will have to be
allowed for unless a "book matched" product has been asked for, which is normally extra to a standard quote.
4.7 Items such as trickle vents, spiral balancers and draft seals are only available in a limited selection of colours
5 Delivery
5.1 Delivery periods and dates are given in good faith, but are not subject of any warranty or condition, other than any implied by consumer protection legislation, and time shall not be of the essence of the contract in these respects.
5.2. All risk in the Goods shall pass to the Customer upon completion of the “installation” work, or upon delivery for a “supply only” sale unless agreed otherwise in writing between parties.
5.3 Packaging, carriage and insurance charges in respect of delivery of the goods to the customer will be charged to the customer at cost to the Company.
5.4 SDM Joinery will carry out a snagging list within 48 hours of the work being completed. The customer must make themselves available. If there are no items to add to a snagging list the customer and SDM Joinery must sign a ‘job sign off’ form to deem the work complete.
SDM Joinery will rectify any snagging items within 5 working days unless a replacement product is on a lead time.
Once the snagging items are completed the customer and SDM Joinery must sign the job off.
If snagging items are not agreed between both parties then SDM Joinery will instruct our external mediator to resolve the dispute.
6. Cancellation
6.1. No cancellation by the Customer is permitted except where expressly agreed by SDM Joinery Hook Ltd
6.2. The Customer will in the event of agreed cancellation by the Customer indemnify SDM Joinery Hook Ltd against all expenses incurred up to the time of such cancellation
7. Warranty
7.1 SDM Joinery Hook ltd shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the customer.
7.2 SDM Joinery Hook ltd shall be under no liability if the defect or failure arises from wilful damage or misuse, negligence by the customer or any third party, failure to follow the Company’s instructions, or alteration or repair of the goods without the Company’s prior approval.
7.3 SDM Joinery Hook ltd warrants that the Goods supplied will at the time of delivery correspond to the description of the Company.
7.4 All goods supplied will be of satisfactory quality and will be fit for purpose as required by consumer rights law.
7.7 The above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the customer shall be entitled only to the benefit of any such warranty or guarantee as is given by the manufacturer to SDM Joinery Hook Ltd
7.8 Except in the case of death or personal injury caused by SDM Joinery Hook Ltd’s negligence, the Company shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) or other claims for consequential compensation.
7.9. Where the Goods have been manufactured by SDM Joinery Hook Ltd and are found to be defective, or installation work by SDM Joinery Hook Ltd is found to be defective; SDM Joinery Hook Ltd shall repair or, at its sole discretion, replace defective goods free of charge upon the following conditions:-
7.9.1. the Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention
7.9.2. such notice being served within 20 days of delivery or collection for a "supply only" sale, or within 1 month of the date of the invoice for "installation" work;
7.9.3. the defect being due to SDM Joinery Hook Ltd’s faulty design, workmanship or materials.
7.9.4. the Customer having complied with SDM Joinery Hook Ltd’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice; and the defect is not due to rot or insect attack of joinery items.
8. Risk & Title
The Goods shall be at the customer’s risk as from delivery.
8.1 Without prejudice to condition 10 and in spite of delivery having been made property in the Goods shall not pass from SDM Joinery Hook ltd until:
8.1.1 the customer shall have paid the Price in full; and
8.1.2 no other sums whatever shall be due from the customer to the Company.
8.2 Until property in the Goods passes to the customer in accordance with clause 8.1 the customer shall hold the Goods on a fiduciary basis as bailee for the Company. The customer shall store the Goods (at no cost to the Company) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
9. Force majeure
SDM Joinery Hook ltd shall not be liable to the customer, or be deemed to be in breach of any contract with the customer, by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to force majeure or to any other cause beyond the Company’s reasonable control.
10. Reservation of title
The goods sold under these conditions shall remain the absolute property of the SDM Joinery Hook ltd and legal title in the goods shall remain vested in the Company until payment in full of all amounts invoiced or due to the SDM Joinery Hook ltd in respect of the goods. If the customer shall enter onto liquidation, have a winding-up order made against it, or have a receiver, administrator or administrative receiver appointed over its assets, income or any part thereof before the property in the goods has passed in accordance with this condition SDM Joinery Hook ltd shall be entitled, immediately after giving notice of its intention to repossess the goods, to enter upon the premises of the customer with such transport as may be necessary and to repossess any goods to which it has title under this condition. No liquidator, receiver, administrator or administrative receiver of the customer shall have authority to sell goods to which SDM Joinery Hook ltd has title without the prior written consent of SDM Joinery Hook ltd
11. Insolvency of customer
If the customer shall suspend payment, propose or enter into any composition or arrangement with his or their creditors, or have a bankruptcy order made against him or them, then SDM Joinery Hook ltd shall have the right, without prejudice to any other contract with the customer, not to proceed further with the contract, and shall be entitled to charge for work already carried out (whether completed or not) and for goods and materials already purchased for the customer, such charge to be an immediate debt due from the customer.
12. Patent rights, etc
The acceptance of a quotation includes the recognition by the customer of the right of SDM Joinery Hook ltd under any patents, trademarks, registered designs or other intellectual property rights relating to the goods, and the customer undertakes that patent numbers, trademarks or other trade markings on goods supplied shall not be obliterated, altered or defaced.
13. Applicable law
These conditions shall be governed by and construed in accordance with English law and the parties acknowledge and accept the exclusive jurisdiction of the English Courts.
14. Conditions applicable
These conditions shall apply to all contracts for the sale of goods by SDM Joinery Hook ltd to a customer to the exclusion of all other terms and conditions which a customer may purport to apply under any purchase order, confirmation of order or similar document and all orders for goods shall be deemed to be an offer by the customer to purchase goods subject to these conditions.
15. Complaints and ADR
15.1 Although our aim is to provide the best possible service to our customers, if you wish to make a complaint in relation to goods supplied or services rendered, you may make a formal complaint under our complaints procedure. A copy of the complaints procedure is attached to these terms and conditions.
15.2 The relevant ADR body for this sector is the British Woodworking Federation.
16. Privacy plicy
16.1 A copy of our privacy policy can be found on our website, sdmjoinery.com