Terms and Conditions

Carlton Smith Projects Ltd

Station Approach, Station Road, Pershore, Worcs. WR10 2DB  Tel: 01386 555770

 TERMS AND CONDITIONS

STATUS

By placing an order with Carlton Smith Projects Ltd, the Customer warrant that they are legally capable of entering into binding contracts.

BASIS OF QUOTE

The price is based on information supplied to us through discussions and appropriate dimensioned drawings.  When manufacturing to supplied drawings, Carlton Smith cannot guarantee the practicality or safety of the products or their compliance with British/European Standards.  Carlton Smith reserves the right to revise a quotation at any time because of unforeseen changes or administrative errors.

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between Carlton Smith and the customer in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement, whether oral or in writing.

VARIATIONS

Any variations to the order should be made apparent as soon as possible. Additional costs may be applied depending on the variations and the current progress of the order at the time the variation is requested.  These must be paid in full by the customer.  Any variations to the design may also result in a delay to the proposed lead time for which Carlton Smith cannot be held responsible.

DRAWINGS
If technical drawings are required, including design ideas and recommendations, there will be an extra charge depending on the complexity and the requirements.  If the extent of any drawings required is known beforehand, any charges will be included in our quotation, if drawings are required or are requested subsequent to an order being placed there will be an additional cost.

STRUCTURAL CALCULATIONS

Structural calculations are not included unless stated in the written quotation.  It is the responsibility of the client/contractor to ensure any products comply with current British/European Standards or any other standards.

 FITTING

Unless otherwise specified, the quotation is for supply only, no allowance is made for site fitting which will be quoted separately.  Full Risk Assessments and Method Statements can be provided where fitting is required.

 TIMBER

Carlton Smith cannot cover against natural timber defects which includes colour variations in the timber, any level of deformation or shrinkage deemed to be normal by Carlton Smith or its suppliers, knot content, or shakes (natural splits) in the timber.  Defects must be notified by the Customer to Carlton Smith prior to the items being cut or fitted in any way.  The Customer must write on the delivery note or refuse the goods at the time of delivery if there is any damage to the goods otherwise any damage caused by force or impact will be classed as wilful damage and not classed as a defect to be repaired or reworked by Carlton Smith.

POLISHING AND PAINTING

No allowance is made for polishing or painting unless specifically referred to in our quotation.  Every attempt will be made to exactly match the colour or finish required by the Customer, but Carlton Smith will not be held responsible for any slight mismatches in colour or sheen level as these differ between different manufacturers and batches.

 DELIVERY

Whilst Carlton Smith will always strive to meet agreed delivery dates, these are estimates only and time is not of the essence of the contract.   Carlton Smith shall not be liable in any way for any direct or indirect loss, damage or expenses (including but not limited to loss of profits and liability to third parties) suffered or incurred by the buyer as a consequence of any delay in delivery.

ACCLIMATISATION

Important – The customer should note that acclimatising timber products by leaving them in the same environment to that in which they are to be fitted/used is essential if problems associated with shrinkage or expansion are to be avoided.  For example, storing timber products in damp conditions and then using for immediate internal installation is not good trade practice.  This is due to timber being a natural material that both absorbs and loses moisture.  It is therefore vitally important to seal your timber products once delivered by painting, staining or varnishing as soon as possible.  Likewise timber products being used externally should be fully finished as soon as possible to protect them from the weather (a coat of primer is not sufficient to protect them from damage by the weather).

CLAIMS FOR DEFECT, DAMAGE, LOSS OR NON-DELIVERY

The customer shall inspect the goods on delivery and shall within 24 hours notify the company of any alleged defect, shortage in quantity or damage.  In relation to any defect that is not apparent on reasonable inspection, the customer shall notify the company of the defect within a reasonable time after discovery.  The customer shall give Carlton Smith an opportunity to inspect such goods at the customer’s premises or delivery site within a reasonable time following such notice and before any use or fitting is made of them.  If the Customer fails to comply with the foregoing, the goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the goods and the buyer shall be deemed to have accepted the goods.

If Carlton Smith establishes that the goods are not in accordance with the contract or are defective, the remedy shall be limited to making good any shortage, to repairing or replacing such goods free of charge or refunding all, or part of, the contract price against return of goods.  Carlton Smith’s liability to the Customer whether for any breach of the contract or otherwise shall not in any event exceed the contract price and Carlton Smith shall be under no liability for any special consequential of indirect loss or damage suffered (but not limited to loss of profits) or liability to third parties by the Customer. Carlton Smith shall be under no liability in respect of any defect in the goods if the price has not been paid in full or in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow installation instructions, installation methods not approved by Carlton Smith, misuse, alteration or repair of the goods without approval of Carlton Smith in writing.

RETURNS POLICY

Carlton Smith cannot refund, or take return of any purpose made product if the product is manufactured to the quality it is intended to be by Carlton Smith and the dimensions are as agreed prior to manufacture.  If the goods are not to the correct specification Carlton Smith has the right to replace the goods, offer a discount on the goods acceptable to the Customer or to credit the value of the goods.

COMPLIANCE AND STATUTE

The Customer shall be responsible for ensuring that its use of the goods complies with all and any relevant statutes, statutory instruments and regulations and any relevant British Standards and shall fully indemnify the company and keep it indemnified against all costs, claims, demands, expenses and liabilities incurred by Carlton Smith as a result of any non-compliance by the Customer.

 EVENTS OUT OF OUR CONTROL

Carlton Smith will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events outside their reasonable control (Force Majeure Event).  A Force Majeure event includes any act, event, non-happening, omission or accident beyond the reasonable control of Carlton Smith and includes in particular (without limitation) the following:

• Industrial action including strikes and lock-outs.

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

• Impossibility of the use of transport including railways, shipping, aircraft, motor transport or other means of public or private transport.

• Impossibility of the use of public or private telecommunications networks.

• The acts, decrees, legislation, regulations or restrictions of any Government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure event continues, and Carlton Smith will have an extension of time for performance for the duration of that period.

PAYMENT

Unless otherwise agreed in writing 50% deposit is required with order with the balance due prior to delivery.  When items are installed by Carlton Smith a 50% deposit is required with order, 40% is required prior to delivery of the goods and the remaining 10% is required on completion of the fitting works.  On projects where there are various stages of fitting Carlton Smith Projects will invoice the fitting element on a weekly / daily basis.  Cancellation charges for fitting may be applicable if less than 24 hours’ notice is given.  If the site is not deemed fit for the fitting of joinery items or cabinetwork, including access points, unsafe or unsuitable site conditions Carlton Smith retains the right to charge for any scheduled lost time fitting.  Payment is confirmed when Carlton Smith has received cleared funds. Any invoice that is overdue by 7 days will start accruing daily interest at a rate of 5%. If a credit facility is provided, Carlton Smith reserves the right to rescind for further work if payment is not made in line with the terms agreed. Main contractor deposits and valuations to be agreed in writing.

CANCELLATION

To cancel a Contract the Customer must inform Carlton Smith in writing.  A charge will be made for materials purchased and for any works carried out until the point of cancellation.

DEFAULT BY THE CUSTOMER

If the Customer fails to make payment for the goods in accordance with the payment terms or otherwise commits a breach of contract or if the Customer commits an act of bankruptcy or if the Customer being a Limited Company goes into liquidation or administration Carlton Smith may (a) suspend all future deliveries of goods to the Customer and/or terminate the contract without liability on its part; and/or (b) exercise any of its right under retention of title.  The price for any goods delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement to the contrary.

 RISK AND TITLE

The Products will be at your risk from time of delivery.  Ownership of the Products only passes to the Customer when Carlton Smith receives full payment of all sums due in respect of the Products including and delivery and installation fees.

All prices are subject to VAT at the applicable rate.

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