TERMS AND CONDITIONS
The following terms and conditions (‘the Conditions’) are the terms on which ECJ Joinery Ltd 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 or quotations:
1. PRICE AND PAYMENT
1.1. The price for the Goods (“the Price”) shall be the price as stated on the quotation or estimate provided by ECJ Joinery Ltd, or such other price as the parties may agree in writing or orally.
1.2 For any placed order with ECJ Ltd a 50% deposit is required from the customer for the manufacturing of furniture to commence.
1.3. For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the balance price shall be made by the Customer upon collection of the goods from our workshop or upon delivery.
1.4. For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, payment of the balance price shall be made by the Customer within 28 days of the date of the invoice.
1.5. ECJ Ltd 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.
1.6. The Customer should understand that, for all orders over 1000 including VAT, a credit check and public record search will be made, and the Customer will be asked for written consent for this.
2.1. Any quotation provided by ECJ Joinery Ltd shall be valid for acceptance by the Customer for a period of 3 months from the date of the quotation, and ECJ Ltd shall be required to accept an order based on the quotation within this 3 month period.
3.1. All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by ECJ Joinery Ltd or as otherwise expressly agreed in writing or orally.
3.2. Any order for Goods sent by the Customer to ECJ Ltd shall be deemed to be accepted subject to the Conditions contained herein.
3.3. Each order for Goods accepted by ECJ Ltd shall be deemed to be an individual legally binding contract between the parties.
4.1. The Client shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.2. ECJ Joinery Ltd shall not be liable to the Customer or be deemed to be in breach of the Conditions by reason of any delay or failure in a “supply only” sale or in “installation” work if the delay or failure was due to any cause beyond ECJ’s reasonable control.
4.3. All risk in the Goods shall pass to the Customer upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
4.4. If ECJ Ltd is unable to deliver the Goods for reasons outside its control, ECJ Ltd shall be entitled, at the Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered.
4.5. Any cancellation of an order must be sent by the Customer to ECJ Ltd in writing. The Customer is liable to be charged for any materials ordered or work completed for an order at the time of cancellation.
5. TITLE TO GOODS
5.1. ECJ Carpentry and Joinery Ltd warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 5.2.
5.2. Notwithstanding delivery, title in the Goods shall not pass to the Customer until ECJ Ltd has been paid in full for the Goods. Nothing in this Clause shall prevent ECJ Ltd from raising an action against the Customer for payment of the Goods.
5.3. The title of any unwanted items removed by ECJ Ltd as debris or rubbish from the Customer’s property transfers immediately to ECJ Ltd.
6. DAMAGE IN TRANSIT
6.1. Upon serving notice within 24 hours of delivery to ECJ Joinery Ltd, the Customer shall be entitled to replacement Goods if ECJ Ltd is reasonably satisfied that the Goods have been damaged during transportation arranged by ECJ Ltd.
7.1. Where the Goods have been manufactured by ECJ Joinery Ltd and are found to be defective, or installation work by ECJ Ltd is found to be defective, ECJ Ltd shall repair or, in its sole discretion, replace defective Goods free of charge upon the following conditions:
7.1.1. the Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention;
7.1.2.such notice being served within 30 days of delivery or collection for a “supply only” sale, or within 2 years of the date of the invoice for “installation” work;
7.1.3. the defect being due to ECJ Ltd’s faulty design, workmanship or materials;
7.1.4. the Customer having complied with ECJ Ltd’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice.
7.2. Any Goods to be repaired or replaced under Clause 7.1 for a “supply only” sale shall be delivered to ECJ Ltd at the Customer’s expense.
7.3. Where the Goods have been manufactured by a third party ECJ Ltd shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to ECJ Ltd by such third party. This includes items such as kitchen appliances.
8. LIMITATION OF LIABILITY
8.1. Subject to ECJ Joinery Ltd’s liability under Clause 5 and subject to Clause 11 ECJ Ltd 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.
8.2. Subject to this Clause 8 and Clause 11 all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law, and, in particular, but without limiting the foregoing generality, ECJ Ltd grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
8.3. Subject to Clause 11 the liability of ECJ Ltd under this Agreement howsoever arising shall not exceed the Price.
9. JOINERY WORK
9.1. For a “supply only” sale, the Customer is responsible for the accuracy of sizes requested. Any amendments to joinery items ordered due to inaccurate sizes will be charged for.
10.1. Nothing in these Conditions shall be construed so as to exclude or limit the liability of ECJ Joinery Ltd for breach of the warranties contained in Clause 5 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between ECJ Ltd and the Customer for the sale and purchase of the Goods incorporating these Conditions.
10.2. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of ECJ Ltd for death or personal injury as a result of ECJ Ltd’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
11. GOVERNING LAW AND JURISDICTION
11.1. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts’