Terms and conditions of trade

The following terms and conditions ("the conditions) are the terms on which Baker Joinery sells products and/or provides a joinery service ("the goods") and supersedes all other terms and conditions relating to the subject matter of these conditions, apart from further or altered conditions specified in individual estimates and/or quotations.

1. Price and payment 1a) The price for the goods ("the price") shall be the price as stated on the quotation or estimate which has been provided by Baker Joinery, or such other price as the parties may agree orally or in writing. 1b) For a "supply only" sale, for example, where items are sold without installation at the customers property, payment of the price shall be made by the customer upon collection of the goods from our workshop or upon delivery. 1c) For an "installation" sale, for example, where items are installed or work carried out at a customer's property, payment of the price shall be made by the customer within 7 days of invoice. 1d) Baker Joinery 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. 1e) If the customer fails to make any payment within 7 days of the invoice, Baker Joinery shall be entitled to charge interest at a rate of 5% per month on outstanding amounts. 1f) When dealing with limited companies, Baker Joinery requires a written guarantee from a director that all payments will be made within 7 days of the invoice being received. 1g) Baker Joinery will carry out work as described in the estimation, any additional work that is taken out, will be deemed as extra and will be charged accordingly. 2. Quotations 2a) Any quotation provided by Baker Joinery shall be valid for the acceptance by the customer for a period of 3 months from the date of the quotation, and Baker Joinery shall be required to accept an order based on the quotation within this 3 month period. 2b) Any quotation provided by Baker Joinery does not include VAT. 3. Goods 3a) All goods shall be required to conform to the specification in the order for goods by the customer as accepted by Baker Joinery or as otherwise expressly agreed in writing or orally. 3b) Any orders for goods sent by the customer to Baker Joinery shall be deemed to accept the conditions herein. 3c) Each order for goods accepted by Baker Joinery shall be deemed to be an individual legally binding contract between the parties. 4. Title of goods 4a) Baker Joinery warrants that it has good title to the goods and that it will transfer title in the goods to the customer persuant to clause 4b. 4b) Not withstanding delivery, title in the goods shall not pass to the customer until Baker Joinery has been paid in full for the goods. Nothing in this clause shall prevent Baker Joinery from raising an action against the customer for the payment of goods. 4c) The title of any unwanted items removed by Baker Joinery as debris or rubbish from the customer's property transfers immediately to Baker Joinery. 5. Delivery 5a) The date of delivery specified by Baker Joinery is an estimated only. Time for delivery shall not be of the essence of the contract and Baker Joinery shall not be liable for any loss, costs, charges or expenses caused directly or indirectly by any delay in the delivery in the goods. 5b) All risk in the goods pass to the customer upon delivery. 6. Damage in transit 6a) Customers must contact Baker Joinery within 24 hours of delivery if joinery items are damaged during transportation by or arrange by Baker Joinery. If Baker Joinery is reasonably satisfied that the goods have been damaged during transit, the customer will be entitled to a replacement. If transportation is arranged by the customer, Baker Joinery is not liable for any damage caused. 7. Guarantee 7a) Where the goods have been manufactured by Baker Joinery and are found to be defective, or installation work by Baker Joinery is found to be defective. Baker Joinery shall repair or, in its sole discretion replace defective goods free of charge upon the following conditions: 7aa) The customer gives Bakery Joinery notice of the defect within 5 days of the defect coming to the customers attention; 7ab) Such notice being served within 30 days of delivery or collection of a "supply only" sale, or within 1 year of the date of the invoice for "installation" work; 7ac) The default being due to Baker Joinery's faulty design, workmanship or materials; 7ad) The customer having complied with Baker Joinery's oral or written instructions as to storage, installation, use or maintenance of the goods in accordance with good trade practice; 7ae) The defect is not due to rot or insect attack of joinery as specified in clause 9c. 7b) Any goods to be repaired or replaced under clause 7a for a "supply only" sale shall be delivered to Baker Joinery at the customer's expense. 7c) Where the goods have been manufactured by a third party, Baker Joinery will pass on to the customer the benefit of any warranty in respect of the goods granted to Baker Joinery by such third party. This includes items such as double glazed and uPVC items. 8. Limitation of liability 8a) Subject to Baker Joinery's liability under clause 4 and subject to clause 12, Baker Joinery shall not be liable to the customer for any loss (including loss of profit), costs, damages, charges or expenses incurred by the customer or for any loss or damage to or caused by the goods. 8b) Subject to clause 8 and 12 all other conditions, warranties or other stipulations concerning the goods whether express or implied by common law or under statue are excluded to the fullest extent permitted by law, and in particular, but without limiting the foregoing generality, Baker Joinery grants no warranties regarding fitness for purpose, use, quality or nature of the goods whether express or implied by statue or common law. 8c) Subject the clause 12 the liability of Baker Joinery under this agreement howsoever arising shall not exceed the price. 9. Joinery work 9a) For a "supply only" sale the customer is responsible for the accuracy of dimensions requested. Any alterations that have to be made due to inaccurate sizes will be charged for. 9b) While every attempt is made to eliminate the expansion and contraction of joinery items, such as doors and windows, Baker Joinery is not liable for expansion, swelling or contraction of said items. 9c) All external joinery items have a preservative treatment during or after manufacture. While this treatment reduces the risk of rot or insect attack, it does not eliminate this possibility entirely. Therefore Baker Joinery's guarantee in clause 7 does not cover rot and insect attack of joinery items. 9d) Unless otherwise stated, staining, painting and glazing of joinery items is not included in the estimated or quoted price. 10. General 10a) Unless dealing with a business, nothing in these terms and conditions shall affect the customer's statutory rights. 10b) These terms and conditions shall apply to all contracts for the supply of goods and services by Baker Joinery to the customer shall prevail over any other documentation or communication from the customer. 10c) Any variation in these terms and conditions shall be inapplicable unless agreed in writing by Baker Joinery. 10d) Nothing in these terms and conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Baker Joinery may be entitled in relation to the goods and services, by virtue of any other statute, law or regulations. 11. Frustration etc (Force majeure) 11a) Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage of raw materials from a natural source of supply, and the party should be entilted to a reasonable extension of its obligations. 12. Governing law 12a) These terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts. Last revised: 1 June 2007