Terms of Business
Frank Kent trading as Sash Restorer
Contents
- 1. About these terms
- 2. Our quote
- 3. Payment
- 4. Deposit
- 5. How we work
- 6. What we need from you
- 7. Ladders, scaffolding and equipment
- 8. Old glass
- 9. Lead paint
- 10. Sashes off site and securing your windows
- 11. Changes to the Work
- 12. Hidden rot and defects
- 13. Listed buildings and conservation areas
- 14. Colour matching and old timber
- 15. Manufacturers' products
- 16. Your right to cancel (consumers)
- 17. Cancellation charges
- 18. Materials
- 19. Photographs
- 20. Your information
- Contact
1. About these terms
1.1 In these terms, "we", "us" and "our" mean Frank Kent trading as Sash Restorer. "You" means the person or business who asks us to do the work. "The Work" means the work described in our quote.
1.2 These terms form part of every quote we give and every job we carry out. If the quote says something different from these terms, the quote takes priority.
1.3 Nothing in these terms affects your legal rights as a consumer.
2. Our quote
2.1 Our quote is open for 28 days from the date on it. After that we may need to review it before going ahead.
2.2 The price is the price in the quote. It only changes if the Work changes, as set out in clauses 11 and 12.
2.3 We are not registered for VAT, so our prices are not subject to VAT.
3. Payment
3.1 Your booking is secured by paying the deposit set out in the quote (see clause 4). Unless the quote sets out stage payments, the balance (the quoted price less the deposit) is due in full when the Work is completed.
3.2 If the quote sets out stage payments, those are due on the dates or stages set out in the quote.
3.3 If a payment is late, we may charge interest at 10% a year on the overdue amount, from the date it was due until it is paid. We think this is a reasonable reflection of the cost to a small business of being paid late.
3.4 If a payment due under the quote is not made, we may give you notice, pause the Work and take away materials we have supplied until we are paid. We will talk to you first and give you a reasonable chance to pay.
4. Deposit
4.1 Your booking in our diary is only secured once the deposit set out in the quote has been paid.
4.2 The deposit counts towards the quoted price. The balance is due when the Work is completed, unless the quote sets out stage payments (see clause 3).
4.3 If you are a consumer and you cancel within the 14-day cancellation period in clause 16, we will refund your deposit in full within 14 days. The only exception is if you asked us in writing to start the Work within that period: in that case we may keep from the deposit the amount due under clause 16.3 for work done and materials ordered, and we will refund the rest within 14 days.
5. How we work
5.1 We will carry out the Work with reasonable care and skill, to a good and workmanlike standard, using suitable materials.
5.2 We will keep the work area as tidy as we reasonably can and leave the site clean and tidy when we finish.
5.3 We do not currently offer a separate written guarantee. This does not affect your legal rights.
5.4 We hold public liability insurance. Details are available on request.
6. What we need from you
6.1 Please move furniture, curtains, blinds, ornaments and other belongings away from the windows before we arrive, or let us know in advance if you need help.
6.2 Please give us safe and reasonable access to the property and the windows on the agreed dates, including access to the outside where needed.
6.3 Please let us use your electricity and water, and keep the property reasonably heated while we are working.
6.4 For outside work, please cut back any plants, trees or climbers that are in the way before we start.
6.5 Please tell us before we start if anyone living in the property may be especially vulnerable to dust, for example young children or anyone who is pregnant (see clause 9).
7. Ladders, scaffolding and equipment
7.1 We supply our own ladders, scaffold towers and other access equipment, unless the quote says scaffolding is needed. If it is, the scaffolding will be priced separately in the quote.
7.2 You agree that we may leave our equipment on site while the Work is under way. We will make sure it is left safely.
8. Old glass
8.1 Old and historic glass is often thin, brittle or already weakened, and it can crack during removal, repair or re-fitting, even when handled carefully.
8.2 We take great care with existing glass, but we are not responsible if glass that was already weak, cracked or damaged breaks during the Work.
8.3 Unless the quote says otherwise, replacement glass will be charged at cost. If the breakage is caused by our carelessness, we will replace it at our expense.
9. Lead paint
9.1 Paint on older windows may contain lead. We assume it does and work in a way that keeps dust and debris to a minimum and is safe for you and for us.
9.2 We may need to ask you to keep people and pets away from the work area while we prepare surfaces.
10. Sashes off site and securing your windows
10.1 Some work needs the sashes to be taken to our workshop. While they are away, we may temporarily board up or otherwise secure the openings.
10.2 We will agree with you beforehand how long the sashes will be away and how the openings will be secured.
11. Changes to the Work
11.1 Any changes to the Work, and any change to the price, must be agreed in writing (email or text is fine) before the extra work is done.
12. Hidden rot and defects
12.1 Our quote is based on what we can reasonably see before we start, and assumes the timber and other surfaces are sound.
12.2 Sometimes rot, decay or other defects only become visible once the windows are opened up. If that happens, we will stop, show you what we have found, and give you a price for the extra work. We will not carry out the extra work until you have agreed it.
13. Listed buildings and conservation areas
13.1 If your property is listed or in a conservation area, it is your responsibility to get any consents or permissions needed before the Work starts. We are happy to give you information to help with an application.
14. Colour matching and old timber
14.1 We will do our best to match paint colours, timber and details to your existing windows. Because old timber and finishes vary and age, we cannot guarantee that new or repaired parts will look identical to the original.
15. Manufacturers' products
15.1 We do not give any guarantee about claims made by manufacturers for their products, such as paints, glass, draught-proofing or ironmongery. Any manufacturer's warranty is between you and the manufacturer.
16. Your right to cancel (consumers)
16.1 If you are a consumer and you agree the contract with us at your home or at a distance (for example by phone, email or online), you have the right to cancel within 14 days of the day the contract is made, without giving any reason and at no charge. This is your right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
16.2 To cancel, just tell us clearly before the 14 days are up. Email or writing to us is best (contact details below).
16.3 We will not start the Work during the 14 days unless you ask us to in writing. If you ask us to start and then cancel within the 14 days, you will need to pay for work done up to the point you cancel and for any materials we have already ordered for your job.
16.4 If you cancel within the 14 days, we will refund any money you have paid (less any amount due under clause 16.3) within 14 days.
17. Cancellation charges
17.1 The charges in this clause only apply after the 14-day cancellation period in clause 16 has ended, or where that cancellation right does not apply.
17.2 If you cancel with less than 28 days' written notice before the agreed start date, we may charge 25% of the quoted price.
17.3 If you cancel after the Work has started, we may charge a reasonable sum for the work done, the cost of materials ordered or supplied, and 50% of the price of the work not yet done.
17.4 If the Work is delayed because of something within your control (for example we cannot get access on an agreed day), we may charge £250 for each day or part day of delay.
17.5 These charges are intended as a reasonable estimate of what a cancellation or delay costs us, such as turning away other work and time we cannot fill at short notice. If our actual loss is clearly lower, we will charge the lower amount.
18. Materials
18.1 Materials we supply remain ours until the Work has been paid for in full.
19. Photographs
19.1 We may take photographs before, during and after the Work for our records. We may also use them in our marketing, such as our website and social media. We will not show your address or anything that identifies you. If you would rather we did not use photos of your windows for marketing, just tell us.
20. Your information
20.1 We keep your contact details and job records so we can carry out the Work, deal with any questions later and keep proper business records. We will never sell your information or pass it to anyone for their marketing.
Contact
Frank Kent trading as Sash Restorer