Terms of Business

1        The Goods and Services and the Time and Manner of their Delivery

1.1.              The Supplier will provide such goods and services to the Client as are set out in the Quotation.

1.2.              The goods will be supplied to the specification agreed by Client and Supplier.

1.3.              Time frames and dates of delivery are provided in the Quotation for guidance only and the Supplier makes no guarantee that the goods will be supplied or any services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and the Supplier shall not be liable for any loss or damage suffered by the Client as a result of the delivery of the goods or the services being delayed or postponed for any reason.

1.4.              Any drawings, descriptions, plans, catalogues, promotional materials or concept designs are for the purposes of illustration only, and except where provided following detailed design they are approximations and are not intended to be a full and exact representation of the services. 

2        Payments

2.1.              The contract price is set out in the Quotation, which includes any taxes or additional costs or expenses or disbursements which the Supplier may charge to the Client.

2.2.              The intervals at which the Supplier may invoice the Client in respect of the whole or an instalment of the contract price are set out in the Quotation.

2.3.              Notwithstanding clause 2.1 and 2.2 above, the Supplier may vary the contract price from the amount set out in the Quotation by a reasonable amount where he has provided goods or services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made for reasons beyond his control, or because of market fluctuations in the price of materials.

2.4.              The Client agrees:

a)          To settle all invoices raised by the Supplier within 7 days.

b)          To pay to the Supplier interest at a rate of 3 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with clause 2.4 (a).

c)          To pay to the Supplier such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms of business.

3        Cancellation

3.1         Due to the bespoke nature of our services the Client is exempt from the 14 days cooling off period, under the Consumer Contracts Regulations 2013, and will no longer have the right to a refund of their deposit.

3.2         Should the Client wish to cancel their order, the deposit would be non-refundable due to the bespoke nature of the product, but the remaining payments would be cancelled for the Client.  

3.3         Customers using the Long term payment terms, will be subject to the 14 days cooling off period for their payment of 10% of the total amount invoiced. This allows you to cancel the job and claim a full refund of the amount paid within the first 14 days. After this period the amount is non refundable.

4        Client’s Obligations

4.1.              The Client shall be responsible for the correctness of all measurements for products or materials which he gives to the Supplier. Where these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Client shall bear the expense of rectification. 

4.2.              The Client shall co-operate with the Supplier as may be necessary to facilitate the performance of this agreement by the Supplier, including but not limited to:

a)          Permitting the Supplier access to the Site and assuring that such access is appropriate and adequate.

b)          Clearing the Site of all furniture, fixtures or other property necessary to enable the Supplier to deliver the goods or commence work at the Site except where the Quotation specifically provides otherwise.

c)          Providing for the Supplier such facilities as may be necessary in order to allow him to complete any services to be provided at the Site.

d)          Following the Supplier’s reasonable instructions relating to safety and the state of work which has recently been completed by the Supplier or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.

4.3.              Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after the Supplier has completed any fit out services with the exception of the removal of waste materials.

4.4.              Where the Supplier stores or keeps any materials or equipment on the Site, the Client shall be responsible for their security and safety and shall account to the Supplier for any loss or damage.

4.5.              The Client shall be responsible for applying for and obtaining any permissions, licences or consents which are necessary in order for any services to be performed at the Site.

5        Supplier’s Obligations

5.1.              The Supplier shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. The Supplier shall comply with all relevant codes of practice and statutory or regulatory requirements.

5.2.              The Supplier shall take reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings and wall and floor coverings during the provision of the services.

6        Termination

6.1.              This agreement shall continue until the goods have been delivered and any services mentioned in the Quotation have been provided (or any mutually agreed addition, extension or variation thereof), or until terminated in accordance with clause 6.2 below.

6.2.              Without prejudice to the above this agreement may be terminated immediately where any of the following circumstances arise:

a)          Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance of any of its duties as outlined herein (including a failure on the part of the Client to make payment within the agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied after a reasonable period in all the circumstances (being in the case of non-payment 5 days) after such notice.

b)          Either party commits a breach of this agreement which cannot be remedied.

c)          Either party becomes insolvent or in the case of the Supplier or a Client in business ceases to carry on the whole or substantially the whole of its business.

6.3.              Upon termination of this agreement the Client shall pay to the Supplier such sums as may represent work done and expenses incurred up to and including the date of the termination.

6.4.              Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.

7        Disclaimers and Exclusions

7.1.              The Supplier shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.

7.2.              Nothing in the forgoing shall be read as restricting or limiting in any way the Supplier’s liability for death or personal injury.

8        Force Majeure

Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.

9         Warranty of Contractual Capacity

Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.

10     Interpretation

 1.1.  Except where the context requires otherwise words importing the masculine shall include the feminine; words importing the singular shall include the plural; words importing natural personage shall be equally applicable to corporate personage and vice versa.

1.2.  References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.

1.3.  In this agreement the following words shall have the meanings respectively assigned to them as follows:

a)          Client means the client named in the Quotation

b)          Consumer Client means a Client who is a consumer within the meaning of section 12 of the Unfair Contract Terms Act 1977

c)          Insolvent has the same meaning as in section 123 (1) of the Insolvency Act 1986

d)          Quotation means the quotation signed by or on behalf of the Client and the Supplier and incorporating these terms of business

e)          Services means the goods and services described in the Quotation to be provided by the Supplier to the Client

f)           Site means the property at which the goods are to be delivered or supplied and where appropriate fitted

g)          Supplier means Heartwood Furniture Limited of Springfield Mill Oakworth Road Keighley BD21 1SL

11     Whole Agreement, Governing Law, Severability and Miscellaneous Provisions

11.1.           This document constitutes the entirety of the agreement between the parties. Any modification to this agreement must be made in writing and signed by both parties.

11.2.           This agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

11.3.           All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.

11.4.           Nothing in these terms of business shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act 1997.

11.5.           The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.

12     Warranty of work delivered

Warranty for custom cabinetry work covers defects in the materials such as a delamination of a veneered piece. It does not cover ware and tear such a scratches and chips. Wood is a natural material and can move and change shape over time. This can not be helped and is not covered.

Any hardware that is used is covered by the manufacturers warranty. Blum is typically the company that is used and they cover their hardware for life (up to 20 years). We will specify in a spec sheet where the hardware is from.

We generally use Plank hardware for our external fixings such as handles. This is what they say about their products: We offer a mechanical product warranty on the following categories:

Cabinet hardware: 10 years
Kitchen mixer taps: 5 years
Switches & sockets: 2 years

Note that products made from brass will naturally tarnish with age. Please adhere to our care instructions to mitigate the degradation of the protective lacquer. (Please follow the hyperlink for full details on how to care for your hardware)

Any labour needed to be carried out due to third party warranties, will be covered by the Client unless covered by the third party.

13   Title and risk

You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.