Terms and Conditions
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TERMS AND CONDITIONS OF SALE PROVIDED BY THE GATEMAKERS
The below listed Terms and Conditions are acknowledged by both parties in relation to works undertaken by The Gatemakers, Petford Lea, Buckland Village, Aylesbury, Bucks, HP22 5HU.
This document can be found online at www.gatemakers.co.uk and can be requested in person, via the telephone or via email communications (firstname.lastname@example.org) and is freely available upon request. This document will become part of the ‘‘Terms of Sale’’ and becomes a legally binding document.
It becomes a legally binding document created on behalf of The Gatemakers and will become part of the ‘‘Terms of Sale’’. By signing the ‘‘Terms of Sale’’ both parties expressly declare that they are freely able to adhere to the terms and conditions contained herein, and by voluntarily consenting and understanding the implications arising from any breach, compromise or broken term of this agreement they are fully aware of the legal ramifications that will ensue. Both parties are also fully aware of the obligations placed upon them to ensure that they are capable of adhering to all the points contained within this agreement. Any misrepresentation, whether wholly, innocent or negligent must be notified immediately and cannot later be used or relied on to renege upon any payment terms whatsoever, that have been previously agreed and acknowledge.
1) Disclaimer against Goods, Services and Products: – All services provided by The Gatemakers will be given and supplied in good faith based upon their combined business acumen. However, where their craftsmanship and or services entail the use of any wood product(s) whatsoever, The Gatemakers cannot indemnify and or guarantee against any movement or change that using such natural/raw product(s) may be subject to. Such materials can and may be prone to movement and/or change depending on the atmospheric conditions in which the product(s) may be used, supplied and or stored and will depend upon their usage. The Gatemakers will ensure that all customers (domestic and business) are aware that the use of such materials is done so with an element risk, in that the product(s) because of the natural aspect can and will change over a period of time. Therefore The Gatemakers will provide full information to the customer explaining such aspects with the full knowledge and assurances of the customer that should the timber and or natural product(s) change because of such conditions and because of the nature of the product(s), then The Gatemakers will accept no liability whatsoever in relation to such product(s) and cannot be held liable for such situations, that may arise from using any natural product(s), materials or goods.
1a) Additionally The Gatemakers cannot be held liable for the colour/shade of the timber or other product(s). The product(s) is a timber which is a natural grain product(s) with variations in grain, texture and colour ranging from light to dark, thereby affecting the surface look and the product(s) finish.
1b) The maintenance of the product(s) and upkeep, protection, staining or sealing is the sole responsibility of the Client, unless agreed expressly to the contrary.
The Gatemakers, will however, re-visit any premises within a period of7 days only, from the date the specific/individual job has been finished (not necessarily signed off, as there may be additional work to be carried out at the premises and or on-site), to re-tighten or adjust such materials where The Gatemakers has agreed with the Customer/Client that this is necessary.
However, after a period of 7 days has elapsed, The Gatemakers will accept no liability whatsoever for loss, damage or movement that occurs after this period of time. Whilst every effort is made and or attempted to eliminate the expansion of external joinery items by allowing a certain amount of clearance, The Gatemakers will not accept liability for expansion and or swelling of these or any other natural materials/items.
2) Quotations: -The Gatemakers will validate any quotations within a 30 day period. Any quotations passed this period may no longer be current, due to product(s) and price increases, not necessarily associated with The Gatemakers. The Gatemakers reserves the right to amend any quotations during this period, if the amendments are requested by the customer/client, provided all amendments are authorised separately using the ‘‘Terms of Sale’’, the customer/client will be liable for all additional work, goods and or services in accordance with such written requests. Upon acceptance of any quotation and provided the ‘‘Terms of Sale’’ has been authorised then all customers/clients are bound by the terms and conditions associated with payments, cancellation charges and any other conditions in accordance with The Gatemakers.
Payment of the appropriate deposit confirms acceptance of all Gatemakers Terms and Conditions / Terms of Sale whether or not the appropriate form has been completed. The Gatemakers will advise the Client/Customer that they should complete the form, however, if they choose not to then by paying a deposit they are still bound by the Gatemakers Terms and Conditions & Terms of Sale.
3) Brochure, Website and or Advertising Material: – Any drawings, specifications, sizes, photographs, descriptive matter and images that advertise or display the work of The Gatemakers are published and supplied for guidance purposes only. All such images are advertised for guidance and will not form part of the Terms and Conditions; the onus is placed upon the customer/client to ensure that their reliance upon a brochure/advertisement/image or any advertising material that forms part of their order is conveyed as part of their specific requirements from the outset to The Gatemakers. Website images and photographs are taken as an example of bespoke work undertaken and therefore may not be a standard supplied service and or product. All such images can be updated and therefore cannot be relied upon to form part of any Terms and Conditions.
3a) All reasonable efforts have been made to ensure that the information contained on the website is correct and up to date; however, The Gatemakers cannot guarantee this and therefore will not be liable for any inaccuracies or for your reliance on incorrect and or out of date information. The Gatemakers may update their website and images without notification and therefore cannot be relied upon. Whilst The Gatemakers will try and take all reasonable steps to protect your personal information this cannot be guaranteed with regards to the security of any data that you disclose online. The Gatemakers will accept no liability whatsoever for any breach in security of such information unless proven to be The Gatemakers negligence. The Gatemakers will not be held liable to their clients or customers for their inability to use the website safely and for any losses attributable to such breaches which may arise thereafter.
4) Title to Goods: – In accordance with The Gatemakers Terms and Conditions once all goods are on-site, fitted and or used in connection with the supply and or fitting of the specific purpose, in accordance with customer specifications these products will remain the property of The Gatemakers, until such time as they have been paid for in full and then ownership and or responsibility will transfer to the customer/client. Failure to pay will validate all points contained in section 18 of these Terms and Conditions and render the goods the property of The Gatemakers.
5) On-Site Storage: – Until payment is received in full for any job, where tools, equipment, materials, products and or goods are supplied in accordance with such use, they will remain the sole property of The Gatemakers. If any tools, equipment, materials, product(s) and or goods are used without the consent or permission of Mr John Morley for and on behalf of The Gatemakers, by any customer and or visitor to the premises, where the goods will be kept and stored, they will except no liability for damage, loss, expenses or charges to either the surrounding property/premises, goods and or person that may occur if such items are used by any other person other than an employee of The Gatemakers or any approved contractor. If any goods, materials, products, equipment and or tools are left securely at the premises of any customer and or client, all liability for such goods will remain the responsibility of the client/customer. Theft of any such items will sought to be recovered and or will be charged accordingly to the customer/client. The Gatemakers will expect all such goods to be secured safely and remain so throughout the duration of any job. The Gatemakers will accept no liability whatsoever for any products, goods, tools, equipment and materials that are used without permission for any purpose that may cause harm, injury or damage to persons or property.
6) Storage: – If for any reason whatsoever, The Gatemakers is unable to store, keep or leave any product(s), good, materials, tools and equipment safely on-site, responsibility of storage costs of such items will be the sole responsibility of the customer/client. Such costs will be negotiated and or advised at the outset of any quotation and ‘‘Terms of Sale’’.
7) Provisional/Additional Work Supplied: – All such work and or materials that are required for a specific job/purpose that is additional to the quotation and or ‘‘Terms of Sale’’, that are accordingly supplied via a third party or other professional regarding second fix or specific work that The Gatemakers are unable to provide, will be provided on the basis that such services may be subject to change and out of the direct control of The Gatemakers, in accordance with time constraints. The Gatemakers will accept no liability whatsoever for other individuals/professionals/third parties/contractors or sub-contractors that are on-site or due on-site and or whose deadlines change without notification, or so suddenly that notice cannot be given, thus causing disruption and unavoidable expenditure due to such action. Whilst every effort will be made to avoid such a situation, any such occurrence will be outside the remit of The Gatemakers and as such all liability arising from such an incident will be limited as such. The Gatemakers will seek to have any additional costs arising from such adverse situations reimbursed, however this provision will not and cannot be guaranteed within the Terms and Conditions of The Gatemakers. The Gatemakers will always endeavour to work within specified time constraints, however, situations may arise that are out of The Gatemakers control and as such will accept no liability whatsoever for such loses that arise due to such unforeseen circumstances.
8) Materials Supplied as per Quotation: – All materials supplied in accordance with the quotation and ‘‘Terms of Sale’’ sheets will be supplied, should for whatever reason the goods, materials and or product(s) have to changed or be substituted, then The Gatemakers will notify the customer/client and ensure that all such changes are validated and approved beforehand. NO SUBSTITUTIONS ON ANY QUOTATION WILL BE CARRIED OUT WITHOUT PRIOR AUTHORISATION. Where possible any such changes will be made and charged as per the initial quotation, should any alternative product(s), goods or materials incur additional cost, approval for such increases will be sought prior to any changes being made. Once approval is sought and confirmed then the additional costs will be noted separately upon invoicing and will enact the payment terms contained within these ‘Terms and Conditions of Service’.
9) Completion of Work: – Should for any reason the customer/client change their mind during and or prior to any job/work commencing, having signed and acknowledged that the job/work is to commence or has already commenced, The Gatemakers will treat each individual circumstance upon its own merit to ascertain whether payment is required in full or whether a part-payment would be acceptable (see section 18a). Such decisions are the sole responsibility of
10) Mr John Morley for and on behalf of The Gatemakers. No other employee or personnel other than Mr John Morley will have the authority to make such decisions. Any products, goods, materials, hire costs and or expenses associated with the commencement of such job or work may be chargeable to the customer/client. Authorisation of any ‘‘Terms of Sale’’ does signify the intention to ‘create legal relations’ and thereby the terms surrounding Contract Law will be enforced and are very clear to offer protection for both business and consumer alike.
11) Insurance: -The Gatemakers are fully insured as are all their personnel, copies of certification are available upon request. Sub-contractors that work with or alongside them are responsible for their own Public Liability and Employers Liability Insurance and will not be covered under The Gatemakers insurance policy.
12) Working Hours: – Will vary according to the job and or customers needs and or requests and if there are any stipulations and or restrictions with on-site access and or security. If for whatever reason a time to commence any work has been agreed, then The Gatemakers will adhere to such times as is reasonable, allowing for minor delays. Any considerable delay will be notified to the customer/client. Should for whatever reason the employee/sub-contractor or personnel of The Gatemakers not be able to gain entry on the date and or time agreed which then incurs costs, charges or expenses that have not been agreed and or foreseen due to such denial of access, all such costs whether incidental or otherwise associated with wages, losses, hire charges of equipment of charges incurred by a third party will be chargeable without exception. Whilst The Gatemakers appreciates there can be exceptional or extreme circumstances and or reasons, these must be conveyed immediately, and failure to do so will render the associated costs to be fully charged to the customer/client in accordance with the payment terms contained within these ‘Terms and Conditions of Service’.
12a) automation of gates: – TheGatemakersdo not directly employ and or fit gate automations themselves, this particular service is sub-contracted to a recommended supplier. Whilst the Gatemakers will supply the gates, the automation is a separate entity and falls within the remit of the external contractor therefore, any such guarantees in relation to the automation services will be covered directly by the automation specialists, this will include defects, fault and maintenance up-keep therefore, the quality of their workmanship and insurance will form part of the contractors terms and conditions and the Gatemakers will accept no liability whatsoever for the automation service, goods and equipment. Whilst The Gatemakers are happy to recommend and suggest an automation company it is the client’s choice to accept the suggestion and such services will form a separate quotation of The Gatemakers.
13) External Services: -All such services provided outside the limitations or scope of The Gatemakers will be carried out and or conducted by the respected qualified trade and or professional company or person. As such these services will carry their own guarantee and or product(s) liability. Certain external services will have professional certification to validate such work and will fall outside of the remit and guarantees of The Gatemakers. If The Gatemakers have provided the services of such third party professionals during the course of any work and or job; and should a fault or defect occur with such work, then The Gatemakers will attempt to resolve the situation and or problem. HOWEVER, IF SUCH SERVICES ARE PROVIDED OR SOURCED BY THE CUSTOMER/CLIENT DIRECTLY, THEN THE GATEMAKERS WILL ACCEPT NO RESPONSIBILITY OR LIABILTIY WHATSOEVER FOR ANY DEFECTS, FAULTS, DAMAGES OR LOSSES ASSOCIATED WITH SUCH WORK THAT IS CARRIED OUT INDEPENDENTLY OF THE GATEMAKERS.
13a) Returning to site – Under no circumstances whatsoever will any member of the Gatemakers put themselves or risk endangering anyone else by remaining or returning to the said site or premise until such time as all health and safety requirements are rectified and or satisfied. Any losses that arise from such action will be the sole responsibility of the Customer/Client and The Gatemakers will not be held liable or responsible for any increased or additional costs arising from such action.
14) Health and Safety: – Whilst on-site or at any premise, The Gatemakers will endeavour to convey and follow all Health and Safety legislations and stipulations and work within the boundaries of the Law. As such under no circumstances will any personnel or associated personnel or third party of The Gatemakers or its associates, be expected to work in such an environment that is deemed to be unsafe and or hazardous that could or may cause a risk or serious injury. The Gatemakers expects all sites and or premises to comply with Health and Safety requirements and should any associated personnel feel that such requirements are being jeopardised and or compromised in any way, they will have the full backing of the Management of The Gatemakers to leave site immediately. Where possible such eventualities will be notified, but will not be guaranteed as such. Until the environment is returned to comply within the Health and Safety requirements, The Gatemakers is not at liberty to return to either the premises and or site. Any associated cost arising from such Health and Safety failings, imperfections or defects will be the sole responsibility of the customer/client. Any advice provided by The Gatemakers is to be followed at the customers own risk, it is merely advice and can be validated by another professional or business elsewhere.
15) Complaints Procedures:- Should any customer/client have any complaints whatsoever, whether in connection with personnel, the services provides and or the products themselves throughout the duration of the work that The Gatemakers is undertaking, they MUST CONVEY SUCH DISSATISFACTION AT THE TIME OF NOTICING. Customers/Clients that do not notify to The Gatemakers any complaints cannot later rely on such a fact to renege upon payment. The Gatemakers are a professional company and rely on their outstanding reputation to provide a high quality service – and as such will endeavour to rectify all complaints at the time of notification. All representatives of The Gatemakers will behave in such a way that will not be deemed unethical or anti-social or degrading to any member of the public, customer or client, likewise abusive behaviour towards any employee of The Gatemakers will not be tolerated or accepted.
16) Substandard Workmanship/Customer’s Obligations: – If for any reason there arises a situation where The Gatemakers are asked to return to a job/or site to rectify a problem that has occurred within the agreed timeframe of not more than 28 days from completion of the work carried out, the Customer/Client must and does agree to provide The Gatemakers with access, and an adequate and reasonable opportunity to return and correct any such fault that arises from defective product(s), goods, services and or materials. Under no circumstances, whatsoever, will The Gatemakers be expected to settle accounts/invoices from the Client/Customer who have obtained the services of another or outside professional or tradesperson to correct the work independently without first giving the Gatemakers the opportunity of correcting the said problem. Once the area/problem has been rectified and has been satisfied by all parties then all terms contained within section 18 will be invoked in full by the Gatemakers. The Gatemakers will be under no further obligation to provide discounts for such corrected work.
17) Product and Service Information: – Whilst The Gatemakers cannot guarantee all aspects of their work due to the nature of some materials, product(s) and goods that they may be required to work with, they can endorse their policy of returning to a job within a timeframe of not more than 28 days, to rectify any faults or defects, when the job has been completed. This endorsement will be undertaken provided the faults and or defects are to do with the services and materials provided by The Gatemakers ONLY at the time the work/job was carried out and ONLY for the purpose such goods, materials or product(s) were supplied to do. The Gatemakers will not attempt to correct, repair or exchange goods or materials that were not initially supplied by them. All such repairs and or defects will be corrected within a convenient and reasonable timescale to suit the customer and or client’s agenda. HOWEVER, UPON INSPECTION IF THE GATEMAKERS, ASCERTAIN THAT SUCH DEFECTS OR FAULTS HAVE OCURRED THROUGH OTHER MEANS SUCH AS VANDALISM OR MALICIOUS INTENT OR WILLFUL DAMAGE THEY WILL NOT BE AT LIBERTY TO CORRECT SUCH DAMAGE OR DEFECTS. The Gatemakers cannot guarantee or protect against everyday ‘wear and tear’ of their completed work, especially in light of the nature of the product(s).
18) Additional Work: – All additional work over and above the authorised quotation and ‘‘Terms of Sale’’ will be charged for without exception. All such work will be expressly requested by the customer/client and will become chargeable in accordance with all points contained in Section 18. No additional work and or materials will be supplied unless the customer/client has agreed and authorised such work/changes – consent will be deemed to be provided by way of express communication by the Client. Once this authorisation has been given then the payment terms of The Gatemakers will pertain. UNDER NO CIRCUMSTANCES WHATSOVER WILL THE GATEMAKERS BE EXPECTED TO VALIDATE OR BE HELD RESPONSIBLE FOR ASCERTAINING THE CORRECT/AUTHORISED SIGNATORY FOR THE SAID COMPANY OR CLIENT. Any such permission/ authorisation provided will be deemed legitimate in the course of undertaking any additional work.
19) Payment Terms: -The Gatemakers offer a strict payment term of 30 days from the date of invoice. Should these terms be exceeded without the authorization and or agreement of Mr John Morley, then without exception the matter will be passed onward for collection. This service will incur a debt recovery fee and also administration charges will be applied to the account at 10% per month, backdated whilst the account remains in arrears. Should the matter progress to Court then further interest charges will also be applied. According to the Sale and Supply of Goods Act 1994 when any customer and or client unequivocally accepts and receives goods or services then there is an implied term to pay for such goods and or services and failure to do so will breach this implied term and can render the contract void. As such The Gatemakers will seek to rescind such a contract and therefore will seek to have all services, goods, materials and associated costs reimbursed in full. According toSection 69 of the County Courts Act 1984 and or the Late Payment of Commercial Debts (Interest) Act 1998The Gatemakers will also request that interest is charged to the account accordingly on all outstanding accounts. ALL PAYMENTS CAN BE MADE VIA ON-LINE BANKING, CHEQUE PAYMENTS TO THE GATEMAKERS OR IN CASH, ALL PAYMENTS ARE TO BE MADE AND RECEIVED IN POUNDS STERLING. The Gatemakers will add an additional 2.5% payment charge to the original price for use of a credit card.
19a) Part-Payment for services commenced but not completed: Part-Payments or full payment will also be required if the services, products, materials and goods are supplied by The Gatemakers to the customer/client but are no longer however work has already commenced, unless expressly authorised to the contrary by Mr John Morley. Part payment monies will be decided depending on the individual circumstances and awarded upon merit of each situation. Whilst The Gatemakers are sympathetic to changing needs whether personal or business, if the services of The Gatemakers have been sought and enlisted then as such payment for such services whether completed or otherwise will be required.
19b) Non-payment will result in legal proceedings being issued and may incur late payment penalties as outlined above. All surcharges will be charged and backdated at 10% per month that the invoice remains unpaid. If The Gatemakers issues legal proceedings in relation to overdue accounts, interest, compensation and all Court expenditure will be added to the outstanding sum.
19c) Cost and Expenditures: -The Gatemakers may enlist the services of an external company in order to recover any outstanding invoices owed by the customer/client. All such associated administration, recovery and court fees where applicable will be charged to the said customer/client.
20) Services in General: All the services, product(s), goods and materials that are supplied by The Gatemakers are given and provided with the utmost professionalism. Slander, Libelous or abusive behaviour will not be tolerated whatsoever by either Management, Employees or Third Parties associated with The Gatemakers; whose reputation and business efficacy is of paramount importance, such unwarranted attitudes or communication will result in legal proceedings being issued. Any typographical/clerical or other error or omission in sales literature, quotes, prices, invoice or any other document shall by subject to correction without any liability from The Gatemakers.
21) ‘Force Majeure’:- Notwithstanding any other provision of this Contract, neither party shall be deemed to be in breach of this Contract, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Contract, to the extent that the delay or non-performance is due to any Force Majeure of which is has notified the other party, and the time for performance of that obligation shall be extended accordingly.
22) Revocation: – No order/job can be revoked after acceptance of the ‘‘Terms of Sale’’ has been agreed and authorised, unless express permission is given by Mr John Morley. Where acceptance is denoted by performance, payment whether part or whole will be sought for any services, goods, materials and or expensed purchased and or provided by The Gatemakers.
23) Limitation of Liability:- The Gatemakers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the initial contract/’Terms of Sale’ price only. Also The Gatemakers shall not be liable whatsoever to the Client/Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever, howsoever caused, which arise out of or in connection with the Contract.
Points 1-22 (one through to twenty two inclusive) have been acknowledged and authorised by both Parties who understand the provisions contained therein. Any amendments or additions will be sanctioned accordingly. The said Business/Individual/Customer/Client has been fully advised of the implications arising from a breach of any of the points outlined and contained within these ‘Terms and Conditions of Service’ provided by The Gatemakers.