Terms & Conditions | Joe Mellows Furniture Makers

TERMS AND CONDITIONS

JOE MELLOWS LTD TERMS & CONDITIONS

In these conditions, unless the context requires otherwise:

“Company” or “We” means Joe Mellows Ltd
“Client” means the individuals, firm, or body purchasing the Goods or their on site representative.
“Goods” means the products sold by the Company and shall include any services as described in the Quotation.
All contracts shall be subject to and construed in accordance with English Law and shall be subject to the non-exclusive jurisdiction of the English Courts
Unless otherwise agreed in writing by a Director of the Company these conditions shall prevail over any other terms and conditions, whether in writing or implied by Law, or by Trade, custom, practise, or previous course of dealing and any such inconsistent terms are hereby expressly excluded.
No contract between the Company and the Client can be assigned without consent.
All goods sold are per the Production Specification sheet attached to our quotation.

QUOTATIONS AND ACCEPTANCE

1. Quotations are offered for acceptance within 30 days from date of document, after which we will need to review costs.

2. Main Contractor’s Discount is not given unless stated otherwise. Where Main Contractor’s Discount has been agreed in advance, the discount will only be applicable where payment terms are adhered to.

3. Documents such as O&M manuals and preliminaries, if required, will incur a supplemental charge of 2% of the value of the contract.

4. Quotation is based on drawings and other information submitted to us in writing at time of enquiry. Subsequent alterations may incur additional charges.

5. All prices given are quoted before VAT. In the case of projects where the VAT rate may be zero or 5%, the onus is on the client to instruct and therefore take responsibility for the rate of VAT invoiced. Should this later be found to be incorrect, the client will be liable for the correct rate of VAT plus any fines incurred to Joe Mellows Ltd as a result of this error.

6. Settlement of each invoice is required before the respective phase will begin. For example, handover to the workshop, procurement and production planning will only commence once the Procurement and Pre-Production invoice is settled. At this point, an installation date can be formally agreed.

7. If the Company is unable to carry out or is delayed in carrying out any part of the services because of something the Client does or doesn’t do (“Client Default”), the Company may temporarily pause the services until the issue is resolved. The Company won’t be responsible for any delay or impact on its work that happens as a result of the Client Default.

PAYMENT TERMS

8. Normal payment terms are given below:

9. Initial Deposit (10% of Estimate) is non-refundable. Time will have been spent developing a Detailed Design, Rationalisation, and a firm quotation for your project. Also, time will have been allocated for your project in our Production Programme, and other work may have been declined due to this scheduling.

10. All goods and materials supplied by us shall remain our property (not withstanding that such goods and materials may have been delivered to the site and/or have been incorporated in the works) until we have received payment in full for all sums due to us. Until transfer of title, we shall be entitled to recover our goods or materials at any time and you are hereby deemed to have given us any such approval, as we shall require, entering any site in order to recover the same.

11. Late Payments: Payment is due as per payment terms noted on each invoice. If we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank 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.

12. Cancellation: Any cancellation of orders must be made in writing. Charges will be applied for any work undertaken, or any materials procured for that order, and for any other costs or expenses incurred up to the date of cancellation.13. Subsequent Alterations: Any variations after quotation sign-off, may incur additional charges.

MANUFACTURING PROGRAMMES

14. Manufacturing programme times are given in good faith and are an estimate to the probable number of working weeks between approval and delivery. There are, however, a number of issues that could increase this time and the Company cannot be held responsible for any costs incurred by the Client due to such delays and does not agree to any penalty clauses or liquidated damages within contracts.

15. Manufacture can only commence (and therefore lead times are applicable from) the date on which workshop drawings have been approved and all other details such as structural engineer’s approval have been clarified.

16. Client changes to any aspects of the components will require an instruction. This instruction carries with it an implication of agreement to costs and/or programme adjustment.

17. All our quotations are based on the Company working a normal 40-hour week. Any additions or variations which require increasing production over the original agreed programme and requiring overtime working or extra resources will be charged at the appropriate rate.

STORAGE

18. At the beginning of a project an approximate delivery date will be discussed and agreed between the Company and the Client. If the Company are unable to complete installation on the agreed timescale, due to other factors out of the Company’s control, the Company may be required to charge for storage requirements of goods and materials. Estimated storage costs are a minimum of £50 per week + insurance (dependant on value of goods and materials).

19. If storage requirements are necessary and Clients prefer to make their own storage arrangements, we can provide a cost for delivery of goods and materials. Goods and materials require secure climate controlled storage facilities, therefore if alternative storage arrangements are made by the Client, it is with the understanding that if any goods or materials are damaged, lost or altered whilst in said storage, this is not the responsibility of the Company and further charges may apply.

INSTALLATION

20. All relevant areas must be ready, clear and free from other trades during installation. All access-ways to the relevant areas must also be clear and free from other trades during installation.

21. If the Installer is unable to carry out his works, having arrived on site as appointed, where any of the above conditions have not been met, or for any reasons that are not the fault of the Company, then the installation will be postponed until the site is ready, incurring additional delivery and installation charges.

22. All our quotations are based on our installation being carried out between 7.30am and 4.30pm Monday to Friday. Any requirement to carry out our installation outside of these hours should be requested in writing by the Client and additional out of hours charges will be applied.

23. Any site restrictions (e.g. access/ noise restrictions) that may prevent our team carrying out their work between 7.30am and 4.30pm Monday to Friday are not accounted for in our quotation and if required, will result in additional charges.

GUARANTEE

24. We take great care in the making of our furniture and offer a 12-month guarantee on craftsmanship and materials. This does not include accidental damage, misuse, general wear and tear, or environmental effects.

PHOTOGRAPHY AND VIDEOGRAPHY

25. As part of our process, the Company will take photographs and/or videos of the bespoke furniture and related items we create during and after production. This is for the purpose of documenting our work, maintaining records, and showcasing the craftsmanship involved in our services.

26. Unless otherwise agreed in writing, the Company reserves the right to use such images and recordings for marketing and promotional purposes, including but not limited to our website, social media platforms, digital and print marketing materials, and portfolio presentations.

27. We are committed to protecting our Clients privacy. No personal or identifying information (such as names, addresses, or any features that could reasonably identify a Client or their property) will be included in any published material without the Clients explicit prior written consent.

28. If you do not wish for images or recordings of your commissioned items to be used for marketing purposes, you may opt out by notifying us in writing at any time before or during the project. We will respect your request and ensure such materials are excluded from public use.

Acceptance of our quotation and payment of any accompanying invoice implies acceptance of our terms and conditions, which shall remain binding unless otherwise agreed in writing.