Terms of Business

Daniel Morriss, Trading as “The Woodmouse Home & Garden Carpentry”

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

a) Works: the goods, services and any products provided to fulfil your Order

b) Goods: any goods that We are selling to you as part of our Services set out in the Order;

c) Services: the services that We are providing to you as set out in the Order;

d) Product: any product We create for you as a result of the Services;

e) Order: your order for the Goods and/or Services as confirmed either by signing the Form of Agreement (if provided), or by other written confirmation from You, or by our commencing the Works on your verbal instructions.

f) Terms: the terms and conditions set out in this document;

g) Event Outside Our Control: is defined in clause 8.2;

h) We/Our/Us: Daniel Morriss trading as “The Woodmouse Home & Garden Carpentry” 28 Southern Reach, Mulbarton, Norfolk NR14 8BU

i) You/Your: The person or persons named as the Customer on the Agreement Form. All persons are jointly and severally liable for duties or breaches under the terms of our contract with You.

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Services, or Goods, or both Services and Goods, to you. Normally, any supply of Goods will form part of our supply of Services.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing.

2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order. Our acceptance of the Order is confirmed by our commencement of the Works, or by our written confirmation and/ or instruction for you to purchase goods for the Order. At this point, a contract will come into existence between You and Us and these Terms will become binding.

2.4. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.

3. THE WORKS & CHANGES TO THE WORKS

3.1 These are Goods and/or Services to be provided by Us in accordance with the Quotation or Estimate provided to You.

3.2 Where other documents (drawings, schedules etc.) define the scope and extent of the Works, these will be referenced on the Quotation or Estimate

3.2 We reserve the right to decline to carry out any additional or alternative Works, which may from time to time be requested by You. If the original Order cannot proceed as a result, the You and Us agree that the outstanding value of the work completed to that point in time will be payable to Us. If valuation of the completed Works cannot be agreed, and independent RICS quantity surveyor may be appointed to determine the value. The surveyor’s fees shall be borne equally by You and Us.

3.3 If work arises that was not foreseen / anticipated in the Quotation or Estimate and needs to be done in order for the Order to proceed as planned, We will provide costings for these Works on a time and materials basis and shall carry out the Works on that basis.

If the costs of such Works exceed £1000 and the rest of the Order cannot be completed without the additional Works being completed, We reserve the right to cancel the contract. In this case, You and Us agree that the outstanding value of the work completed to that point in time will be payable to Us. If valuation of the Works cannot be agreed, and independent RICS quantity surveyor may be appointed to determine the value. The surveyor’s fees shall be borne equally by You and Us.

3.4 We will make every effort to complete the Services within a reasonable period of time and will on request give you an estimated timescale for completion. Such estimates of time are not contractually binding and we will not be liable for any loss or damage caused as a result of any delay in either the commencement or completion of the Order.

3.5 We reserve the right to refuse the use of any materials or services supplied by others sourced by You. Please discuss with us in advance if you intend to supply your own materials or engage other contractors to carry out Works which may affect the fulfilment of your Order with Us.

4. MADE-TO-MEASURE GOODS

4.1 We may make or order Goods on your behalf according to specific requirements and/or measurements (“made-to-measure Goods”).

4.2 Please make sure such requirements and/or measurements provided to Us are correct and accurate. We cannot accept the return of made-to-measure Goods if the reason for the return is because you provided Us with incorrect requirements and/or measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.

4.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9. However, You will remain liable for the cost of made-to-measure goods if they have already been made by Us, or if we have ordered goods from a supplier on your behalf and We cannot obtain a refund.

5. STANDARD OF WORK

5.1 In the event that You think there is a problem with the Goods and/or Services:

(a) Please contact Us and tell Us as soon as reasonably possible;

(b) Please give Us a reasonable opportunity to repair or fix any defect; and

(d) You will not have to pay for Us to repair or fix a defect with the Services under this clause if you tell Us about it within three months of completion of the Services or such other period as we may have agreed with you in writing before the contract was made.

(e) For the purposes of this clause, section 1.2 of the NHBC Standards 2011 shall be used as the standard for tolerances and finishes in order to assess whether workmanship or products are defective, and to assess whether existing fixtures, products and surfaces have sustained damage that requires remediation.

5.2 We guarantee that on delivery and for a period of three months from delivery, Goods supplied shall be free from material defects, excepting defects arising from:

a) fair wear and tear;

b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

c) if you fail to operate or use the Goods in accordance with the manufacturer’s or our instructions;

d) any alteration or repair by you or by a third party; and (e) any specification provided by you.

6. PRICE AND PAYMENT

6.1 The price of the Services and/or the Goods will be set out in the quote We give you before you place your Order.

6.2 Adjustments to the price may be necessary for additional and/or unforeseen Works as per clauses 3.2 & 3.3 above.

6.3 We are not currently registered for VAT and therefore the prices quoted are not subject to additional VAT charges. However, if We become liable for VAT during the course of fulfilling Your Order, we will apply VAT to invoices raised for the Works after our VAT liability has commenced.

6.4 Where We are providing Services to you, We may ask you to make an advance payment of up to 40% of the price of the Services and will be entitled not to commence work until that has been paid. Your rights to a refund on cancellation are set out in clause 9. We will invoice you for the balance of the Services on or any time after We have performed the Services or in the case of a job expected to last more than one month We will invoice you periodically for the Services until the Services are completed. You must pay each invoice in cleared monies within 5 calendar days at the date of invoice unless otherwise agreed.

6.5 Payments become due as stated on the invoice.

6.6 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

6.7 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.5 will not apply for the period of the dispute.

6.8 If you do not pay Us for the Services when you are supposed to as set out in clause 6.5, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts, or in the case of an invoice disputed in good faith (clause 6.7), until the matter is resolved and payment made. We will contact you to tell you this.

6.8 Goods supplied including fitted goods and materials shall remain Our property until payment for them is received in full, and We reserve the right to remove them in the event of non-payment.

7. OUR LIABILITY TO YOU

7.1 We will use reasonable skill and care to avoid damage to your property and will make good any damage to your property arising from any negligence on Our part in the course of completing the work at Our own cost. However, We are not responsible for the cost of repairing any damage that could not be avoided despite working with reasonable skill and care, or damage arising from pre-existing faults or damage to your property that We discover in the course of the Works.

7.2 We only supply the Services and/or Goods or Product to you for your domestic and private use. You agree not to use the Services and/or Goods or Product for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8. EVENTS OUTSIDE OUR CONTROL

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

8.2 An Event Outside Our Control means any act or event beyond Our reasonable control.

8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) We will contact you as soon as reasonably possible to notify you; and (b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services and/or Goods. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 9.

9. YOUR RIGHTS TO CANCEL

9.1 Before We begin to provide the Services or the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-measure Goods) and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control:

(a) you may cancel any Order for Goods and/or Services within 14 calendar days of placing an Order by contacting Us. We will confirm your cancellation in writing to you;

(b) if you cancel an Order under clause 9.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts and any delivery charges to you;

(c) however, if you cancel an Order for Services under clause 9.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us;

(d) if you cancel an Order for Goods under clause 9.1(a) and We have already despatched your Goods to you, We will not be able to cancel your Order until it is delivered. In this case, if you return the Goods to Us, We will have to charge you the cost of collection or you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.

9.2 As made-to-measure Goods are made to your requirements there are limitations on the ability to cancel these. Please refer to Clause 4 for details.

9.3 Once We have begun to provide the Services to you and at any time before they are completed, you may cancel the contract for the Services at any time by providing Us with at least 14 calendar days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you. You will pay Us any costs We reasonably incurred in providing the Services and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you.

9.4 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if: (a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing; (b) We go into liquidation or a receiver or an administrator is appointed over Our assets; (c) We are affected by an Event Outside Our Control.

10. OUR RIGHTS TO CANCEL

10.1 We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens: (a) We will promptly contact you to let you know; (b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you; (c) where We have already started work on your Order for Services, We will not charge you anything and you will not have to make any payment to Us.

10.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

10.3 We may cancel the contract for Services at any time with immediate effect by giving you written notice if: (a) you do not pay Us when you are supposed to as set out in clause 6.5. This does not affect Our right to charge you interest under clause 6.6; or (b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 We will use the personal information you provide to Us to:

(a) provide the Goods and/or Services;

(b) process your payment for such Goods and/or Services;

(d) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

11.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.

11.3 We will not give your personal data to any other third party, except in connection with providing the goods and/or services.

12. OTHER IMPORTANT TERMS

12.1 If We design a Product for you, We will own the copyright, design right and all other intellectual property rights in it and any drafts, drawings or illustrations We make in connection with the Product for you but you will have a personal non-exclusive licence after you have paid the full price to us to use those intellectual property rights (but not to licence others to do so).

12.2 Goods may come with a manufacturer's guarantee. We will pass on the details of any manufacturer's guarantee provided with the Goods, and it will by Your responsibility to activate/ register such guarantees and to ensure that all and any terms are complied with in order for them to be effective.

12.3 We reserve the right to use photos of work completed on websites and in promotional leaflets / folders.

12.4 We reserve the right to erect temporary name signs / banners on property while working, preparing to work and for a period of up to one month after the Works have been completed.

12.5 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms. We may also subcontract the performance of any of our obligations to another person.

12.6 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

12.7 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.8 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

12.9 These Terms are governed by English law. You and We both agree to submit to the jurisdiction of the English courts.

Terms of Business dated June 2023