1.1. Any contract between James Babb Workshops Ltd and any of its customers for the supply and/or services shall automatically incorporate these conditions which shall prevail over any other terms and conditions attached to the Customer’s order.
1.2. The waiver of any of any conditions herein at any time by the Customer shall not be effective unless it is specifically agreed in writing by James Babb Workshops Ltd 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.
1.3. Any contract between James Babb Workshops Ltd and the Customer shall only arise on the written acceptance by James Babb Workshops Ltd of the Customer’s order.
2. PRICE AND PAYMENT
2.1. The price for the Goods (“the Price”) shall be the price as stated on the quotation or estimate provided by James Babb Workshops Ltd, or such other price as the parties may agree in writing.
2.2. For a “supply only” sale, i.e. where items are sold without installation at the Customer’s property, payment of the Price shall be made by the Customer upon collection of the goods from our workshop or upon delivery.
2.3. For an “installation” sale, i.e. where items are installed or work is carried out at the Customer’s property, payment of the Price shall be made by the Customer within 30 days of the date of the invoice.
2.4. James Babb Workshops Ltd understands and 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 credit terms.
2.5. The Customer should understand that, for all orders over £1,000 including VAT, a credit check and public record search may be made, and the Customer will be asked for written consent for this.
2.6. The company will ask for deposit/stage payments for all orders.
3.1. Any quotation provided by James Babb Workshops Ltd shall be valid for acceptance by the Customer for a period of 30 days the date of the quotation, and James Babb Workshops Ltd shall be required to accept an order based on the quotation within this 30-day period.
3.2. The price quoted is exclusive of VAT and any costs or charges in relation to packaging, loading, unloading, carriage and insurance (if applicable) will be itemised separately.
3.3. Unless otherwise agreed in writing, no quotation shall be subject to any discount.
4.1. All Goods shall be required to conform to the specification in the order for Goods by the Customer as accepted by James Babb Workshops Ltd or as otherwise expressly agreed in writing.
4.2. Any order for Goods sent by the Customer to James Babb Workshops Ltd shall be deemed to be accepted subject to the Conditions contained herein.
4.3. Each order for Goods accepted by James Babb Workshops Ltd shall be deemed to be an individual legally binding contract between the parties.
4.4. Where any designs or patterns or specifications have been supplied by the Customer for manufacture by or to the order of James Babb Workshops Ltd 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 James Babb Workshops Ltd 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.
5.1. 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.
5.2. James Babb Workshops Ltd 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 James Babb Workshops Ltd’s reasonable control.
5.3. 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.
5.4. If the goods have been manufactured by James Babb Workshops Ltd but delivery / installation is not possible on the agreed date due to reasons outside its control, James Babb Workshops Ltd will raise an invoice for a percentage of the remaining balance outstanding.
5.5. If James Babb Workshops Ltd is unable to deliver the Goods for reasons outside its control, James Babb Workshops Ltd shall be entitled, at the Customer’s expense, to place the Goods in storage until such time as the Goods may be delivered.
5.6. Any cancellation of an order must be sent by the Customer to James Babb Workshops Ltd in writing. The Customer is liable to be charged for any materials ordered or work started for an order at the time of cancellation.
5.7. Whilst James Babb Workshops Ltd is pleased to undertake insurance work, this is only done on the understanding that the Customer is responsible for paying James Babb Workshops Ltd’s invoice, not the insurance company. James Babb Workshops Ltd is unable to deal with insurance companies direct unless agreed in writing between all parties.
6.1 Access to site will be granted to James Babb Workshops Ltd during the agreed installation schedule, and require that no other trades are working on or around the site concurrently. Although every effort is made to ascertain that access is possible by ladder, if it is found after the start of works that access is not possible to areas in a safe manner, and no price has been given for scaffolding, James Babb Workshops Ltd will quote for any additional charge for such scaffolding as needed.
6.2 Site preparation – James Babb Workshops Ltd require the site to be cleared by the customer prior to commencement of works. If this is not done we will charge a delay fee, and invoice for any clearing work carried out by James Babb Workshops Ltd. Should our installation team be requested to move any furniture or possessions, it is at owner’s own risk.
7. TITLE TO GOODS
7.1. James Babb Workshops Ltd warrants that it has good title to the Goods and that it will transfer title in the Goods to the Customer pursuant to Clause 5.2.
7.2. Notwithstanding delivery, title in the Goods shall not pass to the Customer until James Babb Workshops Ltd has been paid in full for the Goods. Nothing in this Clause shall prevent James Babb Workshops Ltd from raising an action against the Customer for payment of the Goods.
7.3. The title of any unwanted items removed by James Babb Workshops Ltd as debris or rubbish from the Customer’s property transfers immediately to James Babb Workshops Ltd.
8.1. Where the Goods have been manufactured by James Babb Workshops Ltd and are found to be defective, or installation work by James Babb Workshops Ltd is found to be defective; James Babb Workshops Ltd shall repair or, at its sole discretion, replace defective Goods free of charge upon the following conditions:
8.1.1. the Customer giving notice of the defect within 5 days of the defect coming to the Customer’s attention;
8.1.2. such notice being served within 20 days of delivery or collection for a “supply only” sale, or within 6 months of the date of the invoice for “installation” work;
8.1.3. the defect being due to James Babb Workshops Ltd’s faulty design, workmanship or materials;
8.1.4. the Customer having complied with James Babb Workshops Ltd’s oral or written instructions as to storage, installation, use or maintenance of the Goods or in accordance with good trade practice; and
8.1.5. the defect is not due to rot or insect attack of joinery items as specified in Clause 10.3.
8.2. Any Goods to be repaired or replaced under Clause 7 for a “supply only” sale shall be delivered to James Babb Workshops Ltd at the Customer’s expense.
8.3. Where the Goods have been manufactured by a third- party James Babb Workshops Ltd shall where possible pass on to the Customer the benefit of any warranty in respect of the Goods granted to James Babb Workshops Ltd by such third party. This includes items such as double-glazing units.
8.4. All external joinery must be fully decorated within 1 month of delivery/installation and then at regular intervals thereafter. James Babb Workshops Ltd will provide joinery with base coat primer/sealer unless instructed otherwise.
9. LIMITATION OF LIABILITY
9.1. Subject to James Babb Workshops Ltd’s liability under Clause 5 and subject to Clause 11 James Babb Workshops Ltd 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.
9.2. Subject to this Clause 8 and Clause 11 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, James Babb Workshops Ltd grants no warranties regarding fitness for purpose, use, quality or nature of the Goods whether express or implied by statute or common law.
9.3. Subject to Clause 12 the liability of James Babb Workshops Ltd under this Agreement howsoever arising shall not exceed the Price.
10. JOINERY WORK
10.1. 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.
10.2. 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, James Babb Workshops Ltd is not liable for any expansion/shrinkage or swelling of these items.
10.3. Unless otherwise stated, staining or painting of joinery items is not included in the estimated or quoted price.
10.4. 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.
10.5. James Babb Workshops Ltd 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.
11. SPECIFIC GOODS
11.1. 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 James Babb Workshops Ltd cannot accept responsibility for Goods which are not treated as recommended after sale.
11.2. 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. James Babb Workshops Ltd’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).
12. DEFAULT BY CUSTOMER
12.1. 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 James Babb Workshops Ltd arising from such failure) the Customer shall (if so required by James Babb Workshops Ltd) pay James Babb Workshops Ltd interest thereon at a rate of 5% per month above the base rate or part thereof on the outstanding amounts from time to time.
13.1. Nothing in these Conditions shall be construed so as to exclude or limit the liability of James Babb Workshops Ltd for breach of the warranties contained in Clause 6 or for breach of warranty as to title and quiet possession implied by the Sale of Goods Act 1979 where such Act applies to the contract between James Babb Workshops Ltd and the Customer for the sale and purchase of the Goods incorporating these Conditions.
13.2. Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of James Babb Workshops Ltd for death or personal injury as a result of James Babb Workshops Ltd’s fraudulent misrepresentation, negligent actions or those of its employees or agents.
14. FORCE MAJEURE
14.1. If the performance of the contract shall be delayed by any circumstances beyond the control of James Babb Workshops Ltd 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 labour, 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 James Babb Workshops Ltd 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.
14.2. If the performance of the contract by James Babb Workshops Ltd shall be prevented by any such circumstances beyond the control of James Babb Workshops Ltd then James Babb Workshops Ltd shall have the right to be discharged from the further performance of any liability under the contract. If James Babb Workshops Ltd exercises such a right, then the Customer shall thereupon pay the contract price less a reasonable allowance for what has not been performed by James Babb Workshops Ltd.
15.1. No cancellation by the Customer is permitted except where expressly agreed by James Babb Workshops Ltd.
15.2. The Customer will in the event of agreed cancellation by the Customer indemnify James Babb Workshops Ltd against all expenses incurred up to the time of such cancellation.
16. GOVERNING LAW AND JURISDICTION
16.1 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.
The term ‘James Babb Workshops’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is The Old Dryer Hinton Business Park, Tarrant Hinton, Blandford Forum, Dorset, United Kingdom, DT11 8JF. Our company registration number is 09574130 and place of registration is Companies House. The term ‘you’ refers to the user or viewer of our website.