TERMS & CONDITIONS
1 – CONTRACT
1.0 Any contract between Linton Gray and any of its customers for the supply and/or sale of goods or services shall automatically incorporate these conditions which shall prevail over any other terms and conditions (implied or otherwise) attached to the Customer’s order / proposal or verbal agreement
2 – INDEMNITY INSURANCE
2.0 Insurance and Public Liability: Public Liability Insurance is provided up to the sum of £5,000,000 by AXA Insurance UK plc.
3 – CLIENT SERVICES
3.0 We will always attempt to bring our building works to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of any specialist materials and unforeseen circumstances etc.
4 – DATA PROTECTION
4.0 All client information is retained in accordance with the Data Protection Act 1988 and all personal and other client details will remain confidential.
5 – FINANCIAL
5.0 Payment is to be made via bank transfer on receipt of invoice, and an official receipt for payment will be issued if requested.
5.1 The words ‘PC sum / provisional sum’ where used in the estimate or specification indicates the amount (including profit) therein to cover a specific service or item of work, and the sum is subject to substitution of the actual cost plus profit which may be higher than the original sum quoted.
5.2 An initial deposit invoice will sent ahead of work commencement (usually between 20-50% of project value) and further invoices will be sent at regular intervals or at various work stages depending on the scope and scale of the project work. All invoices are due payable upon receipt.
5.3 Our estimates are produced with as much detail as possible to avoid any misunderstandings. If something is missing that you would like included, please let us know and we will revise the estimate accordingly. Any additional works found necessary are to be agreed with the client and a separate revised or extra contract estimate provided.
5.4 The value of any variations to work included in the estimate ordered and authorised by the customer, whether in addition, by omission or by substitution, should wherever practicable, be agreed before the variation is carried out. The value of any such variation shall be added or deducted from the price stated in the estimate. No variation shall vitiate the contract. Any variation will be carried out expressly subject to these conditions.
5.5 Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits may be agreed prior to commencement of works or during the contract duration. A deposit payment is usually required due to the acquisition of materials and bespoke nature of our business.
5.6 Linton Gray 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 terms. This action would however always be a last resort.
6 – PREPARATION
6.0 Upon acceptance of the estimate and commencement of works, Linton Gray may place a branded signboard or branded hoarding on the site.
6.1 It is assumed that the customer will remove all property from the working area, unless provision is made to the contrary in the estimate, or by mutual agreement. Any non cleared work areas will add a delay and may result in additional labour being charged.
6.2 Irrespective of any insurance taken out by the builder, the customer should inform his insurer that building works are to be carried out on the property and satisfy himself that he is adequately covered by insurance. Unless expressly agreed, the builder is not liable for the loss of or damage to the works, materials on site or any property of the customer, unless the same is caused by negligence (as defined in the Unfair Contract Terms Act 1977) of, or breach of contract by the builder.
6.3 Every care is taken by employment of the best available labour and materials to produce a satisfactory finish. The builder shall at own cost rectify any faults or defects that shall appear within six months of the completion of the works and which are due to materials and workmanship not in accordance with these terms and conditions, so long as written notice of such faults or defects shall be given by the customer to the builder within a reasonable period of the expiration of the aforesaid period. Cracks due to the normal movement or drying out of timber, plaster etc. will not be accepted as defects.
7 – GENERAL
7.0 Except as expressly agreed, the builder shall provide all labour, materials and equipment necessary for the proper execution of the work. All reasonable care will be taken in the use and fixing of any materials or goods supplied by the customer, but, in such circumstances, no responsibility for their suitability, or for damage to or caused by them during fixing, is accepted.
7.1 Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of Linton Gray for death or personal injury as a result of Linton Gray’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
7.2 All building and other materials provided by the main contractor or their sub-contractors remain the property of Linton Gray until full and final payment is received via Bank Transfer, cleared cheque or cash.
7.3 Free access is required for delivery of building materials, plant, machinery and skips etc. If temporary access is needed (by alteration) an extra charge may apply and the client will be notified in advance.
7.4 Both contractor and client to agree practical arrangements on working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the contractor.
7.5 The price for the Goods (“the Price”) shall be the price as stated on the quotation or estimate provided by Linton Gray, or such other price as the parties may agree in writing or orally. If rare circumstances arise where a quotation needs to be increased or decreased ahead of commencement of any work, Linton Gray will advise the client in advance, however no compensation will be made under such circumstance.
7.6 Working Arrangements: All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours (8am – 6pm Mon – Sat), unless otherwise agreed.
7.7 The value of any variations to work included in the estimate ordered and authorised by the customer, whether in addition, by omission or by substitution, should wherever practicable, be agreed before the variation is carried out. The value of any such variation shall be added or deducted from the price stated in the estimate. No variation shall vitiate the contract. Any variation will be carried out expressly subject to these conditions.
7.8 All allowances provided are at full retail price and trade discounts secured by Linton Gray (the company) do not affect the allowance amount given to the client which will always be calculated at full retail value.
7.9 Linton Gray (the company ) reserve the right to substitute branded supplies with other branded goods for reasons of practicality or circumstance without notice to the client. Linton Gray will always endeavour to use high quality products at all times.
7.10 The waiver of any conditions herein at any time by the Customer shall not be effective unless it is specifically agreed in writing by Linton Gray and shall constitute a waiver for the purpose of that particular transaction only and all other conditions herein shall remain in full force and effect.
7.11 Any contract between Linton Gray and the Customer shall only arise on the written acceptance by Linton Gray of the Customer’s order or by payment by the customer of an initial deposit.
7.12 Any quotation provided by Linton Gray shall be valid for acceptance by the Customer for a period of 1 month from the date of the quotation or other applicable correspondence, and Linton Gray shall be required to accept an order based on the quotation within this 1 month period.
7.13 Sound materials suitable for their respective purposes will be used but are supplied subject to any condition of sale attached thereto by the manufacturers or suppliers so far as such conditions are not inconsistent with these terms and conditions of trading. In the event of any materials proving faulty, the builder’s liability for making good may be limited to such amount as may be recovered from the manufacturer or supplier.
7.14 No responsibility is taken by ourselves for the presence of perished or rotten timber (or any other perished or rotten materials) in existing structures such as doors, windows and frames whether detected or undetected at the time of contract.
7.15 Unless specifically mentioned, no provision is made for repair of plastering beneath papered walls or ceiling surfaces, as it is assumed that such plastering is in good condition, and is suitable to take treatment specified. Similarly, the costs of the repairs and renewals of any defects which are not visible at the time of estimating will be chargeable, unless allowance for such items is specifically included in the estimate.
7.16 In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price or estimated cost may be revised to reflect the situation at hand.
7.17 All existing materials removed to allow the execution of the works will be disposed of unless otherwise agreed.
7.18 Upon completion of all works, Linton Gray may employ a professional photographer to photograph the property. Digital copies of these photos will be made available to the client upon request.
8 – BESPOKE WORKS INCLUDING JOINERY
8.0 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.
8.1 Whilst every attempt is made to eliminate the expansion and shrinkage of external/internal joinery items such as gates, doors and windows by allowing a certain amount of clearance, Linton Gray is not liable for any expansion/shrinkage or swelling of these items.
8.2 Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.
8.3 Timber is a natural product, therefore there is always colour differentials within the wood and whilst every effort is made to ensure the colour/grain matches with other timber, tolerances will have to be allowed for unless a “book matched” product has been asked for, which is normally extra to a standard quote.
8.4 Linton Gray do an amount of “machine only” works for clients, and unless a cutting list is provided with all boards fully marked, then we cannot be held responsible for elements of waste within the material supplied. We also abide within the standard tolerances within the timber trade, which allows for (+-) 0.5 mm within machine works. We will make the clients aware if we feel the timber supplied is sub standard for the works proposed.
8.5 Bespoke work dimensions will be confirmed to the client in most cases. Where this is the case, the client is responsible for ensuring that the measurements are fit for purpose (ie: hanging rail distance, wine rack and shoe racks etc). It is very important that the client is NOT reliant on Linton Gray to understand the client’s specific purpose for any bespoke item.
8.6 If a modification including a full remake of an item is necessary due to an error on the client side, preceding, during or following installation, the full cost of re-making the item will be due payable by the client.
8.7 Where any designs or patterns or specifications have been supplied by the Customer for manufacture by or to the order of Linton Gray then the Customer warrants that the use of those designs, patterns or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the intellectual property or other rights of any third party. The Customer shall indemnify and keep indemnified Linton Gray against any loss in respect of any proceedings or otherwise resulting from any infringement of any letters, patent, copyright, registered design, registered trademark or any other protection subsisting in favour of any third party in any such pattern or specification.
9 – TITLE TO GOODS
9.0 Linton Gray warrants that it has good title to the Goods and that it will transfer title in the Goods following full payment.
9.1 Notwithstanding delivery, title in the Goods shall not pass to the Customer until Linton Gray has been paid in full for the Goods. Nothing in this Clause shall prevent Linton Gray from raising an action against the Customer for payment of the Goods.
9.2 The title of any unwanted items removed by Linton Gray as debris or rubbish from the Customer’s property transfers immediately to Linton Gray.
10 – CANCELLATION AND TERMINATION
10.0 No cancellation by the Customer is permitted (in part or in full) except where expressly agreed by Linton Gray. If an agreement to change the order is authorised, a 10% fee will be charged on any reduction in the order to compensate the overall project discount generally applied to orders.
10.1 The Customer will in the event of agreed cancellation by the Customer indemnify Linton Gray against all expenses incurred up to the time of such cancellation.
11 – GOVERNING LAW AND JURISDICTION
11.0 This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereto submit to the non-exclusive jurisdiction of the English and Welsh courts.
12 – CLIENT DEFAULT
12.0 If the Customer shall fail to pay the price for the goods and/or services by the due date for payment, the (without prejudice to any other rights of Linton Gray arising from such failure) the Customer shall (if so required by Linton Gray) pay Linton Gray interest thereon at a rate of 5% per month above the base rate or part thereof on the outstanding amounts.
12.1 If the Customer shall commit default in or commit any breach of it’s obligations to Linton Gray, or if any distress or execution shall be levied upon the Customer, its property or assets or if the Customer shall make or offer to make any arrangements or compositions with its creditors or commit any act of bankruptcy or if the Customer shall be a company and any resolution or petition or receiving order in bankruptcy shall be presented or made against him, or if the Customer shall be a company and any resolution or petition to wind up such company’s business shall be passed or presented otherwise than for the purpose of amalgamation or reconstruction whilst solvent, or if a receiver of such company’s undertaking property or assets or any part thereof shall be appointed, or if the Customer shall be insolvent then without prejudice to any other rights available to Linton Gray it may forthwith cancel any contract then subsisting with the Customer or alternatively may suspend or cancel delivery of any of the goods to be supplied there under.
13 – GUARANTEES
13.0 Where the Goods have been manufactured by Linton Gray and are found to be defective, or installation work by Linton Gray is found to be defective; Linton Gray shall repair or, at its sole discretion, replace defective Goods free of charge upon the following conditions:
13.1 The Customer giving notice of the defect within 5 days of completion of the works;
13.2 Such notice being served within 5 days of delivery or collection for a “supply only” sale
13.3 The defect being due to Linton Gray’s faulty design, workmanship or materials;
13.4 The Customer having complied with Linton Gray’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice; and
13.5 The defect is not due to rot or insect attack of joinery items as specified in Clause 10.3.
13.6 Where the Goods have been manufactured by a third party Linton Gray shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to Linton Gray by such third party.
13.7 All external joinery must be fully decorated within 1 week of delivery/installation and then at regular intervals thereafter.
14 – LIMITATION OF LIABILITY
14.0 Linton Gray 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.
14.1 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, Linton Gray grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
14.2 Linton Gray’s liability under this Agreement howsoever arising shall not exceed the Price in terms of compensation.
15 – FORCE MAJEURE
15.0 If the performance of the contract shall be delayed by any circumstances beyond the reasonable control of Linton Gray including (but without prejudice to the generality of the foregoing) war, hostilities (whether war shall be declared or not), insurrection, industrial disputes, strikes, lock-outs, riots, explosion, fire, storm, act of God, accidents, unavailability or shortage of materials or labor, interruptions of supply, any statute, rule, law bye-law, or order or request made by or issued by any government department or local or other duly constituted authority, then Linton Gray shall have the right to suspend further performance of the contract until such time as the cause of the delay shall no longer be present and for a reasonably time thereafter. Such action will not affect the contract price of Goods or Services confirmed in any quotation or other document.
15.1 If the performance of the contract by Linton Gray shall be prevented by any such circumstances beyond the control of Linton Gray then Linton Gray shall have the right to be discharged from the further performance of any liability under the contract.
16 – DELIVERY
16.0 The Customer shall be deemed to have accepted the Goods upon completion of the “installation” work, or upon delivery or collection for a “supply only” sale.
16.1 Linton Gray 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 Linton Gray’s reasonable control.
16.2 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 unless agreed otherwise in writing between parties.
16.3 If Linton Gray is unable to deliver the Goods for reasons outside its control, Linton Gray shall be entitled, at the Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered.
16.4 Any cancellation or termination of an order must be sent by the Customer to Linton Gray in writing. The Customer is liable to be charged for any materials ordered or work started for an order at the time of cancellation.
16.5 Whilst Linton Gray is pleased to undertake insurance work, this is only done on the understanding that the Customer is responsible for paying Linton Gray’s invoice, not the insurance company. Linton Gray is unable to deal with insurance companies direct unless agreed in writing between all parties.
17 – SPECIFIC GOODS
17.0 Doors and Joinery Items; where doors and joinery items are supplied with a factory applied equalising stain, or primer, the Customer must paint/stain such products with a minimum of two coats of proprietary wood stain and primed joinery must be treated with a full paint finish. Primer and equalising stains do not give long term protection against the ingress of moisture and Linton Gray cannot accept responsibility for Goods which are not treated as recommended after sale.
17.1 Doors: subject to the Customer complying with Clause 11.1 – this guarantee does not apply to doors which swell/shrink due to intake of excessive moisture or any other neglect or misuse on the part of the Customer after sale. Linton Gray’s liability under this guarantee shall not extend to costs or charges of unfixing, re fixing, painting, polishing, staining, handling, cartage, storage or other additional charges or expenses. (This does not affect your statutory rights).
18 – CONTACTING US
18.0 Our registered address is Riverbank House, 1 Putney Bridge Approach, London, SW6 3JD. Our contact number is on our Contact Us page.
19 – UPDATES TO TERMS AND CONDITIONS
19.0 We occasionally update our terms and conditions and our terms are up to date at time of publishing.