1. Our estimates/quotes are produced with as much detail as possible to avoid any misunderstandings. If something is missing that you would like included, please let us know and we will revise the estimation accordingly. Any additional works found necessary are to be agreed with the client and a separate revised or 'extras' estimate and/or invoice provided.
2. Definitions -
2.1 Contractor: The ‘contractor’ and/or ‘us’ is Forsyth Carpentry Services
2.2 Client: The ‘client’ is a person or entity seeking goods and/or services from the contractor.
2.3 Estimate: An estimate is a formal offer made by the contractor to the client within a hard copy or electronic document. No other document is intended to be an offer and is not recognised or may be relied upon as such - unless agreed by the client and contractor. An estimate price may alter if unforeseen circumstances arise which lead to greater costs being incurred by the contractor, in discussion with the client.
2.4 Contract: A contract (from April 2022 onwards) or estimate/quote with Forsyth Carpentry Services constitutes an offer by the client, to purchase goods and/or services in accordance with these terms and conditions. The customer is deemed to have read and satisfied themselves of the accuracy and content of the estimate offer in terms of specification, charges, price and meaning of terms and descriptions as outlined in a ‘Estimate’ or 'Quote' document headed and identified as, ‘Estimate’ , ‘Estimation’, 'Quote' or 'Quotation' provided by Forsyth Carpentry Services. The client acknowledges that they have not relied on any statement, promise, representation, assurance warranty or offer which is not set out in a document supplied by the contractor titled ‘Estimate’', ‘Estimation’, 'Quote' or 'Quotation'. Any verbal estimate given to the client by Forsyth Carpentry Services will always be supported by a written quotation or estimate.
3. Working Arrangements: All prices estimated are calculated on the basis of free access and unimpeded working during our normal working hours (approximately 8am – 6 pm Mon – Fri), unless otherwise agreed by both contractor and client. The contractor will not be liable for any claim or claims made against him regarding contract starting and finishing times. Given starting and finishing times are estimates only. The contractor reserves the right to charge the client for any expenses and profit regarding missed appointments, or lack of access. Forsyth Carpentry Services 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.
4. Both Contractor and client to agree practical and reasonable arrangements on working methods that provide minimum disruption to the client as reasonably possible and allow work to be carried out unimpeded by the contractor.
5. Free access is required for delivery of building materials, plant, machinery and skips etc.
6. All building and other materials provided by the main contractor or their sub-contractors remain the property of Forsyth Carpentry Services until full and final payment is received via Bank Transfer or cash (see item 9). Unless otherwise agreed in an estimate, quote, contract (or other document), surplus building materials, waste materials and off cuts etc remain the property of Forsyth Carpentry Services or our subcontractors or our suppliers. After final payment the client takes ownership of the; materials used to carry out the work only.
7. Access to and collection of used or unused building materials, equipment and plant etc remains in place until full and cleared final payment is received.
8. Accepting a written estimation from Forsyth Carpentry Services and agreeing to the commencement of works will allow these terms and conditions to come into affect. By way of a verbal, written or emailed order from the client for products, goods and or services [with or without an accompanying deposit payment], the client enters into a contract with Forsyth Carpentry Services [separate and distinct from any associated contract entered into between the client and Forsyth Carpentry Services] comprising of an offer to the client, due consideration of the offer by both or all associated parties and acceptance of the offer by the client. To this extent this contractual agreement, and acceptance of the agreement by the client, cannot be superseded by any other agreement or contract either written or verbal, signed or unsigned, as this instrument contains the entire agreement of the parties with respect to the subject matter hereof and there is no other promise, representation, warranty, usage or course of dealing affecting it. To this end any ‘previous agreements clause’ of any subsequent contractual document, whether signed as part of a later written contract with the client or not, will not be accepted as a variation in or to this original contractual agreement. The client or Forsyth Carpentry Services may withdraw from the quotation/estimate offer prior to commencement of works without sanction or penalty however any deposit paid by the client will be used to pay for any bespoke materials ordered on the client's behalf and any bespoke materials under these circumstances will be forwarded to the client to include delivery costs. Any document produced by Forsyth Carpentry Services without the heading 'Quotation', 'Estimate' or 'Contract' will not be recognised or accepted as a valid offer of quotation/estimate and will not form a contract - unless agreed by both the client and contractor.
9. The main business, being Forsyth Carpentry, may employ both direct and sub-contract labour to work on site. Each individual contractor takes full responsibility for their own third party liability. The main contractor will oversee all works to completion in the running of any contract agreed with the client.
10. Payment: Payment can be made via Bank Transfer, by cheque or in cash and a receipt for payment will be given on request. Please make all payments by cheque payable to ‘Forsyth Carpentry Services'. Bank Transfer details can be found at the bottom of your invoice. Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits will be agreed prior to commencement of works or during the contract duration. A down payment is not usually required however arrangements may be made for a down payment in respect of the acquisition of bespoke or high value materials and in some other situations. Interim payments and final payment on completion of a contract is not reliant on the presentation of completion certificates with respect to ELECSA, GAS SAFE or Building Control Completion Certificates (if required) as they are subject to third party administration by the Local Authority etc. If a payment is not paid in full according to an agreed payment schedule Forsyth Carpentry Services reserves the right to terminate the contract and will recover all monies and costs owed by the client. All accounts are to be paid upon presentation of an invoice. Any costs regarding debt recovery and court fees will be met by the customer. The contractor reserves the right to charge interest of 7% above The Bank of England lending rate on late accounts. The contractor reserves the right to charge for consequential loss regarding late payment. Payment must be made in full within 7 days of the date of the invoice for any work carried out at the customers property,
11. Insurance - Public Liability: Public Liability Insurance is provided up to the sum of £2,000,000. All usual general building practices are covered within our insurance policy. Clients must ensure that they stay clear and not obstruct working areas for their own safety and the safety of the workers involved.
12. All client information is retained in accordance with the Data Protection Act 2018/GDPR and all personal and other client personal details will remain confidential.
13. In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price, estimated cost or contract may be revised to reflect the situation at hand before or after commencement of work. This is either with discussion with the client or via an amended quotation/estimate/invoice.
14. The client's architect or agent is solely responsible for any architectural design, product design, or any other design or associated scheme.
15. Further to the request for a quotation or estimate from a client, we will in turn make a request for the customer’s design requirements i.e. architectural or other design, product requirements, style, proportions, measurements, required materials [whether they match an existing design or otherwise] and any other requirements of design such specification and texture of textiles, locking, latching, fastening, bolting mechanisms etc of windows, doors hatches and roof lights, colour, finish, glazing styles and glazing specifications details of floor and carpet design, paint and varnish specifications and all other aspects of design. The client shall be entirely responsible for their own design requirements and design specification in terms of performance, workability and fitness for purpose. Forsyth Carpentry Services can assist in the process of design, by sharing of experience and the like, on the understanding that our company will bear no responsibility for the workability, fitness for purpose or any other outcome or eventuality concerning the end design.
16. Replication of existing design: If a client makes a request for a new product to match an existing or original design specification, we will endeavour to match the specifications of the requested design (like for like) at the sole risk of the client. When matching the design of another product [existing, original or otherwise] it should be understood that the source or original design may have unknown design flaws that could render the product and any duplication of the original product, unfit for purpose in some way. An unproven design can be reproduced by us but it should be understood that this will always be at the sole risk of the client and Forsyth Carpentry Services will bear no responsibility for the product’s functionality or fitness for purpose.
17. Guarantees: All customers will benefit from a full guarantee on our paid workmanship only for a period of 12 months from official completion of the works, the guarantee covers new build work only and does not apply to repair work, renovations, restorations, refurbishments and alterations carried out unless agreed in writing before the start of any contract, estimate or quotation. Repairs to buildings, roofs, infrastructure or any existing workmanship or related materials are not covered by our guarantee. Guarantees on materials run in accordance with manufacturer's warranty periods where applicable. Our guarantee covers all new work and new materials used in construction but does not guarantee the integrity of any existing structures, materials or decorations. New build structures only (roofs, flashings to new roofs and new vertical brickwork joints to existing masonry) are covered by our guarantee against water ingress, ingress of water through existing structures are not covered by this guarantee. Subsidence issues (sinkage below slabs, subsidence below new or existing foundations or movement of foundations or floors etc) are not covered within our guarantee agreement. In the event of a failure beyond the guarantee period we will be happy to investigate the cause and negotiate a solution to the problem (if it is found that our company is WHOLLY responsible for the failure) and carry out any agreed repairs as soon as possible. Charges may apply for remedial work carried out beyond guarantee dates or to items not covered by our guarantee. Decorations are not covered by guarantee.
18. No responsibility is taken by Forsyth Carpentry Services for the presence of perished, infested, vermin or rotten timber (or any other perished, rusty, infested or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames whether detected or undetected at the time of contract.
19. Extras will only be undertaken further to both full discussion with the client, with a separate estimate/quote and added on to the invoice at the end of the work - charged at the agreed rate. Unless discussed and agreed by both the client and contractor.
20. Protection of existing surfaces (floors, carpets, curtains, doors and furniture etc). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting etc along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics etc is the responsibility of the client. All efforts will be made to clean up and remove waste and dust, where possible and appropriate to the job. Arrangements can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.
21. Building Control: Inspections and other related issues can be managed by Forsyth Carpentry Services, if requested by the client in advance and details of these arrangements are confirmed in writing by both parties. Payment on completion of a contact is not reliant upon presentation of Building Control Completion Certificates as delays are sometimes possible due to administration issues. We (the contractor) must be allowed to take photos and/or videos of our work only (during and after works) for quality control and validation purposes. This will not disclose your personal information. We may use photos/videos for social media and will ask permission if client is available to do so.
22. Contract duration: The 'Contract duration' is to be used as a guide only and will not affect the agreed contract price i.e. if a contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a contract takes less time to complete than expected, the client should not expect to receive a discount.
23. Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorised. No Main Contractor discounts or full/partial refunds are given unless agreed and confirmed in writing (e.g. email). Accepting a full or partial refund that may offered (in extenuating circumstances - e.g. goodwill OR fault of contractor), means that the matter is closed and final.
24. Builder's waste is deemed to be waste generated by the contractor whilst carrying out building works and includes materials taken down or demolished by the contractor, this material can be used by the contractor or client for hardcore or masonry infill etc if suitable for the purpose. All on site or road side skip contents remain the property of Forsyth Carpentry Services until collection by the skip company. Forsyth Carpentry Services holds no responsibility for the waste removal company used regarding damage, payment methods, timescale or damage to property.
25. Forsyth Carpentry Services reserves the right to terminate an agreed contract if the client is in breech of these terms and conditions.
26. Clients may contact us via phone call, text and email during the commencement of the works. Forsyth Carpentry Services will reply to enquiries via these means (unless there are any amendments to communication procedures, as discussed with the client) during working days and hours (Mon - Fri 8am - 6pm).
27. We (the contractor) do not give our consent to being video or audio recorded without permission, unless mutually agreed.
28. Clients are protected by the Consumer Rights Act 2015. We will aspire to employ a helpful attitude and will always attempt to bring the building works to a satisfactory and reasonable conclusion, taking into account weather conditions, availability of specialist materials and unforeseen circumstances etc - clients must take a reasonable approach throughout the process. We have the right to not be harassed or intimidated before, during and after works via any means (verbal, email, social media, etc) inside or outside working days/hours.
29. Sub-contractors. Forsyth Carpentry Services are not liable for any third party sub-contractors such as electricians, plasterers, decorators, etc.
30. Where present the contractor assumes the provision of running water, toilet facilities and 240v electricity. The contractor reserves the right to charge for the above in addition to the quotation if not provided.
31. Amendments to the Terms and Conditions. Forsyth Carpentry Services reserves the right to amend this policy at any time, where appropriate. Any amendment will be made by posting the changes to the website and/or Social Media. Customers must check the website periodically to be aware of any changes to the Terms and Conditions.
32. Planning legislation. The contractor shall not be liable for any works carried out at the instruction of the client if that work requires planning or other consents, which the client has not obtained. The client is responsible for ensuring all planning and any required listed building permission has been obtained before commencement of work and for the signing off of such work by the relevant authority.
33. Complaints/Compliments. Complaints and compliments can be made at first point of call via email to forsythcarpentry@gmail.com. 33a. Remedial works. The client must point out any complaints as soon as possible after they have been identified. The contractor will not be responsible for any invoices or other expenses from the client for any third party tradesperson or professional to correct work, comment on work, or give professional advice on work or the contract or any legal fees in respect of the contract or work.
34. By accepting a quote/estimate the client hereby accepts the terms and conditions. They can be directed to terms and conditions via social media, website, email, etc.
T&Cs revised - April 2022.
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