Please see below for Edmont Joinery’s terms and conditions for our products and services.
If you require any more information, please contact us on 01793 825765 or email enquiries@edmont.co.uk.
General
What these terms cover
The terms and conditions within this page cover the manufacture and supply services relating to Edmont Ltd products. It is important you read this page in detail before you place your order with Edmont. All goods and services will be sold under these terms and conditions unless otherwise agreed in writing by a director of Edmont Ltd.
This page sets out the terms and conditions between Edmont as the Seller (referred to as Edmont or “we”) and the client as the Buyer (referred to as “you”).
How to contact us
Your order is with Edmont Ltd, a company registered in England and Wales (Number) and our VAT number is (Number). Our head office and manufacturing facility are based at Hyde Road, Swindon, SN2 7RB. You can contact us by email at enquiries@edmont.co.uk, by phone on 01793 825765 or by post.
Estimating and ordering
Providing costs
Edmont will send you an estimate of required products at the estimate stage, detailing goods and prices. These may sometimes be expressed as a budget or provisional sum and if this is the case, a firm price will be provided once more detail is known.
Your quotation will specify how long prices are valid for and unless stated otherwise, this will be 14 calendar days subject to third party supplier increases. Edmont will also seek to provide guidance on the availability of supplies specific to your project. Unless otherwise agreed in writing, no quotations are subject to any discount.
Accepting your order
When you confirm you would like to proceed with the estimate provided, via purchase order, you are confirming that you will purchase our goods or services and a contract will exist between both parties on the terms outlined in this document. It is your responsibility to check the accuracy of our quotation including any specification prior to placing your order.
Declining your order
If Edmont are unable to accept your order, we will inform you via email and no charge will be made. Reasons for this may include unavailability of materials, inability to meet the programme for unforeseen reasons or programme changes or because we have identified a pricing error within the estimate. We will always endeavour to offer alternates and would attempt to avoid declining an order.
Changing or cancelling the order
Your right to change the order
If you require Edmont to make changes to your order please contact us as soon as possible. We will investigate the request and confirm if this is possible and if there are any time or cost implications. If the costs change as a result of the change, we will issue a revised quotation and will require approval of the changes in writing.
Your right to cancel the order
If the order is agreed to be terminated, we will refund the client in full for any part of the order where we haven’t incurred cost. However, we will deduct from any monies paid all costs incurrent up to the point of cancellation. Depending on the size of the project and the amount of notice provided of cancellation, we may seek to recover monies for loss of profit due to the inability to fill the cancelled manufacturing slot with alternative work or for any other loss of profit and expense.
Our right to change or cancel the order
Edmont may terminate the contract at any time if payment is not met by our contractual due date. In addition, if the customer has not provided Edmont with critical information we need to manufacture the goods and complete the order, Edmont reserves the right to terminate the contract. Edmont would still charge for any costs incurred to this point. Edmont will only make changes to the order either at your request or to reflect changes in relevant laws or statutory requirements.
If the order is not able to proceed after a 12 month delay which outside of Edmont’s control, we reserve the right to cancel the order and refund any monies paid less any costs incurred to date.
Changes from samples or designs
If Edmont supplies or agrees to match a sample or prototype for the project, we will endeavour to replicate this for the whole order. However, due to elements of our goods being handmade, material differences may occur within the manufacturing process which Edmont won’t be liable for within reasonable tolerances. Timber is a natural product and has inherent colour variations and whilst every effort is made to ensure the colour and grain matches with surrounding timbers, tolerances have to be allowed unless a ‘book matched’ finish has been specifically requested and priced for with the quotation.
We reserve the right to make any changes required to conform with safety or statutory requirements.
Changes to pricing
It is always possible that despite Edmont’s best efforts, some of the prices for products or services may be incorrect. If Edmont accepts and processes the order where a pricing error has occurred, we will submit the revised costing to you but reserve the right to terminate the contract and refund any payments made.
Similarly, if price increases occur that are beyond our control after we have accepted the order, we will submit the revised costing to you but reserve the right to terminate the contract and refund any payments made.
Payment
Payment Terms
Terms will be agreed with you on placement of the order. These will include a deposit and stage payments or final balance unless otherwise agreed. We will normally require payment no later than 28 days from issuing an invoice.
Deposit payment
Edmont will normally require a deposit payment and where this has been agreed, we will require this payment to be made before proceeding with design and ordering of materials. If payment isn’t receive in the required timescales, the contractual supply dates agreed may not be met.
Balance payment
Edmont will send you a balance invoice which will set out all outstanding payments required and dates to be received. Payments due prior to delivery/install must be made before the goods can be released. If you request delivery/installation dates to be moved, Edmont will endeavour to accommodate this but payment terms and dates for payment agreed at the time of order will still need to be adhered to.
Payment penalties
If payment isn’t made by the agreed date, the contract may be cancelled or goods may be suspended from delivery/installation. Edmont reserves the right to re-charge for any services that have incurred abortive costs as a result of this. Storage of goods for any period of more than 7 days beyond the agreed delivery/installation date will be chargeable.
In the event of payment not being made by the agreed date, interest may be charged at a rate of 4% above the base lending rate of Lloyds Bank plc. The interest will accrue daily from due date to the date when cleared funds have been received.
Changes to payment
If the rate of VAT changes between order date and date of supplying the goods, Edmont will adjust the VAT rate that you are liable to pay. If you have paid in full before this date, the order value will not be affected. If tariff changes are introduced for goods imported into the UK, Edmont reserves the right to pass the incremental cost to you, although we will strive to minimise any costs.
Reverse VAT for commercial client
If you are End User you are responsible for notifying us in writing that your VAT should be charged in the normal way. We will require written confirmation on this for each project we undertake for you. Unless we are otherwise informed, we will assume that domestic customer are End User for the purposes of section 55A VAT Act 1994 reverse charge for building and construction services and will charge VAT at the appropriate rate.
Measurements
Own measurement
If Edmont is manufacturing products to dimensions provided to us by you or your third party, you/the third party will take responsibility for these measurements being correct. Edmont do not take any responsibility for incorrect measurements provided.
Site survey
Edmont recommends a site survey is carried out by our trained surveyor to ensure we have accurate measurements prior to manufacture. A cost for this is provided in your estimation but if Edmont attend site at a prearranged date and time and cannot gain access or site is not ready to survey, an additional charge will be made to revisit site. We will always endeavour to contact the client project team the day prior to the survey to confirm that the site is ready for surveying.
Collection, Delivery and Installation
Delivery address information
Edmont will need full address and contact details for delivery and installation. If this changes significantly after our order is accepted, there may be a need to for an additional charge. All risk in the goods shall pass to you upon delivery/collection or upon installation if the order includes installation.
Collection
If goods are to be collected, a date/time will be arranged. If this date is requested to be rearranged for a period longer than 7 days after the agreed collection date, a storage charge will be applied and invoiced.
Title to goods
Edmont will remain the owner of all goods which have been manufactured, supplied or fitted and Title in the goods shall not pass to you until Edmont has been paid in full for the goods. Edmont own the right to remove any of their property if payment is not received.
Delivery
Delivery is chargeable and if Edmont is delivering your products, the cost will already have been included within your estimate. However, if you have changed the requirement after placing the order, we will provide an additional cost for delivery. This will need to be paid before delivery takes place.
If Edmont attempts delivery on the agreed date and is unable to access the premises for reasons outside of our control, you will incur a redelivery charge. We will require agreement in writing to the additional charge prior to redelivery. If delivery is attempted but premises are unsafe to unload, we will need to re-schedule and this will also incur additional delivery costs. Storage of goods for any period of more than 7 days beyond the agreed delivery/installation date will be chargeable.
If delivery cannot be made for reasons outside of our control, Edmont will not be liable although will make every effort to minimise the effect of delays. If we fail to deliver for a reason outside of our control, our liability is limited to the cost of similar goods and not for installation.
Installation
Edmont will install our products if required and costs will be included within our quotation. The Edmont installation team will leave site in a clean condition, clear of debris caused by our installation. Edmont will not accept responsibility for any other onsite contractor’s rubbish/material.
Edmont may need to leave site without installing or fully completing installation for reasons outside of our control, which may include the site being unsafe, not ready for installation or having no suitable access. On these occasions, we will re-schedule installation which will incur an additional charge which will need to be agreed before we re-attend.
Limitation of liability
Risk of damage or loss to goods passes to you once goods are delivered or collected. Edmont will not be liable for any damage caused by unforeseen incidents on site outside of our control.
Except in case of death or personal injury caused by Edmont’s negligence, we will not be liable to you for any liquidated or ascertained damages or any loss (including loss of profit), costs, damages, charges or expenses incurred by you or for any loss of damage to or caused by the goods or services supplied.
Edmont is under no liability in respect of defects in goods or installation arising from drawing, design or specification supplied by you. Edmont is under no liability in respect of any defect in goods or installation arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our care instructions, misuse of alteration of goods by you.
Edmont is under no liability if the total price of goods and installation has not been paid by the due date.
Guarantee
Inclusions
Edmont offers a 12 month guarantee on our products and workmanship from delivery, collection or installation for defects that are due to our faulty design, workmanship or materials. This does not cover excessive wear or misuse of the product. Any components such as fabric, leather, glass, double glazed units, metalwork or non-joinery items such as electrical appliances are subject to individual supplier guarantees and direct contact with these third parties will need to be made.
Exclusions
Our guarantee will be void if our products have been modified, repaired or tampered with by anyone other than us. Our guarantee is also void if they have been misused or the instructions for care and maintenance provided to the client have not been followed. Our guarantee does not cover normal wear and tear of our products over the guarantee period.
Timber is a natural product and whilst every effort is made to eliminate the expansion or shrinkage of joinery items, particularly external joinery, by allowing a certain amount of clearance and tolerance, Edmont is not liable for any expansion or swelling of our timber products. Our guarantee does not cover defects due to rot or insect attack.
Claims
Any claims against Edmont based on defect in quality or condition of goods or installation or failure to meet specification must be made in writing via email within 7 days of delivery or after discovery of defect. This must contain the order number and details, photos and a full description of issues being made. We reserve the right to inspect goods before agreeing a claim. Otherwise, Edmont has no liability.
Where a claim is valid, we will replace goods free of charge or, at our discretion, offer a refund.
Project photographs
Edmont reserves the right to take or use photos take of our joinery either on our premises or fitted on site. These may be used on our social media or website although we will not do this without seeking authorisation from you.
Additional Terms
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if Edmont delays in enforcing this contract, Edmont can still enforce it later
If Edmont does not insist immediately that you do something you are required to do under these terms or if Edmont delays in taking steps against you in respect of breaking this contract, that will not mean that you do not have to do these things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase for payment and continue to provide the products, we can still require you to make the payment later.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the goods and services in the English courts. If the client is based in Scotland, legal proceedings in response to the goods and services can be brough in either the Scottish or the English courts. If the client is based in Northern Ireland, legal proceedings can be brought in respect of the goods and services in either the Northern Irish or the English courts.
Insolvency of client
In the following circumstances, Edmont is entitled to cancel the contract or suspend further deliveries or installation and price for any goods delivered or installed becomes immediately due. This will apply if the client goes into administration, liquidation or is bankrupt; if the receiver is appointed to seize assets; if client ceases to carry on business; or if Edmont reasonably believes these events might occur.
