Terms and Conditions

Material Matters Studio - Terms and Conditions Major Works.

We hope you are happy with the Quote provided for your project. Should you have any questions, please don't hesitate to contact us. Acceptance of our Quote signifies your agreement to the following Terms and Conditions.

1. Definitions:

"We", "Us", "Our": Refers to Material Matters Studio.

"You", "Your", "Client": Refers to the person(s) accepting the quote and entering into the contract.

"Work": Refers to the joinery and related services described in the Quote.

"Quote": Refers to the document outlining the specific Work to be undertaken and the estimated cost.

"Property": Refers to the Client's premises where the Work is to be carried out.

"Practical Completion (PC)": The stage when the Work is substantially complete and fit for its intended purpose, though minor snags may remain.

"Defects Liability Period (DLP)": The 6-month period immediately following Practical Completion during which the final 5% retention is held.

2. The Quote:

2.1. The Quote provided is valid for 30 days from the date issued. Accepting the Quote after this period may require re-confirmation or a revised Quote.

2.2. Acceptance of the Quote, either verbally or in writing (including email), forms a binding contract based on these Terms and Conditions.

3. The Work:

3.1. We will undertake the Work as described in the Quote's specification section, acting as the main contractor.

3.2. We will perform the Work with reasonable skill and care, adhering to standard industry practices.

3.3. Materials specified in the Quote will be used. If specific materials become unavailable due to circumstances beyond our reasonable control, we will discuss suitable alternatives of equivalent or better quality and price with you. Any price difference will be agreed upon before substitution.

3.4. We reserve the right to amend the Quote if unforeseen issues or necessary additional work become apparent after the Work commences (e.g., significant structural repairs required beyond the initial scope). Any such changes and associated costs will be discussed and agreed upon with you in writing (via a Variation Order or email) before the additional work is undertaken. You are under no obligation to accept the proposed variation.

4. Client Obligations:

4.1. You agree to provide clear and unhindered access to the Property for us, our staff, and any necessary subcontractors to carry out the Work during the agreed working hours.

4.2. You agree to provide access to essential amenities, including toilet facilities, running water, and standard 240v electricity supply for powering tools and equipment, throughout the duration of the Work.

4.3. You are responsible for clearing the work area of personal belongings and ensuring a safe working environment prior to the commencement date. While we take care, we cannot be held liable for damage to items not removed from the work area.

4.4. You must inform us of any known hidden services (e.g., pipes, cables) or specific hazards within the Property before Work commences.

5. Working Hours & Waste Disposal:

5.1. Our standard working hours are typically 7 hours per day, between 07:00 and 17:00, Monday to Friday, with an hour lunch break. Any necessary work outside these hours will be by prior arrangement.

5.2. We will dispose of all waste generated directly by our Work. Recyclable materials will be segregated where practical, and non-recyclable waste disposed of responsibly and legally.

6. Payment Terms:

6.1. Deposit: A deposit of 5% of the total quoted price is required upon acceptance of the Quote to secure your booking date and to cover initial administrative costs and material ordering.

6.2. Staged Payments: Our staged payment schedule is as follows:

Start of Project: 45% (50% less the 5% deposit) is due one week before the scheduled start date.

Manufacturing Completion: 20% is due upon the Client's notification of the substantial completion of all workshop-based manufacturing, prior to site mobilisation.

Practical Completion (PC) Payment: 25% is due upon the issuance of the Certificate of Practical Completion (PC).

Final Retention: The remaining 5% of the total contract price (the "Retention Fund") is payable only upon the successful conclusion of the Defects Liability Period as defined in Clause 8.

6.3. Payment Due Dates: Payment for all invoices (except the final Retention Fund) must be made within five (5) days of the invoice date unless otherwise agreed in writing.

6.4. Late Payment: We reserve the right to charge interest on overdue invoices at a rate of 4% above the Bank of England base rate per annum, calculated daily, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as applicable, or specify your own reasonable rate for consumer contracts). Access to the site may be suspended, and further work paused until overdue payments are made. There will be a grace period of four days before these charges are implemented.

6.5. Title of Goods: All materials supplied by us remain the property of Material Matters Studio until the full 100% contract price, including the final Retention Fund, has been paid.

7. Cancellation Policy:

7.1. Your Right to Cancel (Cooling-Off Period):

If this contract is agreed upon in your home or via distance communication (e.g., email/phone) without a prior face-to-face meeting at our business premises, you have a statutory right to cancel this contract within 14 days from the day you accept the Quote (the "Cooling-Off Period"). You do not need to give a reason.

To exercise this right, you must inform us of your decision to cancel by a clear statement (e.g., a letter sent by post or an email) before the Cooling-Off Period expires.

If you cancel within the Cooling-Off Period, we will refund any deposit paid in full, unless you expressly requested us (in writing) to start the Work during the Cooling-Off Period.

If you requested us to start the Work during the Cooling-Off Period and then cancel, you will be required to pay us an amount proportionate to the Work carried out and for any non-returnable materials specifically ordered for your project up until the point you informed us of your cancellation.

7.2. Cancellation by You (Outside the Cooling-Off Period or if it doesn't apply):

If you wish to cancel the contract after the Cooling-Off Period (or if the Cooling-Off Period does not apply, e.g., the contract was agreed at our premises), you must notify us in writing as soon as possible.

Your deposit secures your project slot and covers initial administrative and potential material costs. Therefore, if you cancel:

More than 28 days before the scheduled start date: We may retain a portion of the deposit to cover reasonable administrative costs incurred.

Between 14 and 28 days before the scheduled start date: We reserve the right to retain the deposit to cover costs incurred, including but not limited to, administration, materials ordered that cannot be reasonably cancelled or reused, and loss of profit for the secured booking slot.

Less than 14 days before the scheduled start date or after work has commenced: We reserve the right to retain the deposit and potentially charge for any Work already completed and materials purchased or irrevocably ordered, plus any demonstrable loss of profit.

We will always seek to minimise cancellation charges and will provide justification for any retained funds based on genuine costs incurred or losses suffered due to the cancellation.

7.3. Cancellation by Us:

We reserve the right to cancel the contract under certain circumstances, including (but not limited to):

Unforeseen events beyond our reasonable control make it impossible or unsafe to carry out the Work.

You breach significant terms of this contract (e.g., non-payment, preventing access).

Discovery of site conditions that make the quoted Work unfeasible or unsafe, and agreement on necessary changes cannot be reached.

If we cancel the contract due to no fault of yours, we will refund any payments made for Work not yet completed, less the value of any materials already irrevocably committed to your project (where applicable and agreed). If we cancel due to your breach, the terms under Clause 7.2 may apply regarding retained funds.

8. Completion, Defects Liability, and Guarantee:

8.1. Practical Completion (PC) and Initial Snagging:

a. Practical Completion (PC): PC is the stage when the Work is substantially complete and fit for its intended use. Upon achieving PC, we will issue a Certificate of Practical Completion, triggering the 25% PC payment (Clause 6.2).

b. Initial Snagging (14 Days): Upon the issue of the PC certificate, the Client has 14 days to inspect the Work and report any minor, observable defects, damage, or omissions ("snags") in writing. We will promptly rectify these agreed snags at no extra cost.

8.2. Defects Liability Period (DLP) and Retention:

a. DLP Commencement: A 6-month Defects Liability Period (DLP) will commence immediately following the PC certificate. This period is the contractual mechanism tied to the final 5% Retention Fund.

b. Defect Reporting: During the 6-month DLP, the Client must report any defects arising from our faulty workmanship in writing. We commit to commencing rectification of agreed defects within 21 days of written notification.

c. Final Retention Release: The full 5% Retention Fund will be released to us only upon the successful conclusion of the DLP, provided all defects notified and agreed during this period have been satisfactorily remedied.

8.3. Guarantee (Long-Term Warranty):

a. Core Work Guarantee (5 Years): We guarantee the structural integrity of the restored timber elements and the functionality of the overhauled glazing system against latent defects in our workmanship or materials for a period of 5 years from the date of Practical Completion. Our liability under this guarantee is strictly limited to the repair or replacement of the defective component.

b. Finishes Guarantee (3 Years): All external coatings (specifically Brouns & Co Linseed Oil Paint) and sealants are guaranteed against peeling, blistering, or premature failure directly attributable to our application for a standard period of 3 years from the date of Completion. This guarantee is conditional on the Client conducting regular washing/cleaning maintenance and especially not overpainting burnt sand mastics.

c. Warranty Claims: Defects reported after the 6-month Defects Liability Period (DLP) will be treated as warranty claims and rectified at our cost.

d. Exclusions and Conditions: This guarantee shall be void if the defects arise from:

• Damage caused by misuse, neglect, accidents, or third parties.

• Failure to Maintain: The Client fails to provide evidence of carrying out regular maintenance (e.g., inspection, cleaning, re-sealing, or re-coating) at least once every 24 months following installation, as specified in our provided maintenance guidelines.

• Natural movement of timber due to unstable environmental conditions.

• Materials supplied by you or existing structural defects unrelated to the specific scope of our Work.

• Damage caused by animals, birds, or insects, including but not limited to pecking, burrowing, or chewing damage to putty, mastic, or external timber finishes.

• If, in the specification, the client has chosen to paint over existing paint and not opted to strip the object down to the bare substrate.

8.4. Materials and components supplied by us are subject to the manufacturer's warranty, which we will pass on to you where applicable.

9. Liability & Insurance:

9.1. We maintain Public Liability Insurance. Copies of our insurance certificates are available upon request.

9.2. We will remedy any damage caused directly by our negligence during the execution of the Work at no cost to you.

9.3. We accept responsibility for the work carried out by any subcontractors engaged directly by us for your project. We are not liable for damage or poor workmanship caused by contractors engaged directly by you.

9.4. We are not liable for any pre-existing defects in your Property unless directly exacerbated by our proven negligence. Our liability is limited to the scope of the Work agreed in the Quote.

10. Data Protection:

10.1. We will use the personal information you provide solely for the purpose of fulfilling this contract, processing payments, and communicating with you about the project. We comply with relevant data protection legislation (including GDPR).

11. Disputes:

11.1. We hope you are fully satisfied with our work. However, should any disagreement arise, please raise it with us directly in the first instance so we can attempt to resolve it amicably.

11.2. If we are unable to resolve the dispute through direct discussion, we may suggest pursuing alternative dispute resolution methods like mediation before resorting to legal action.

12. Governing Law:

12.1. This contract and any dispute arising from it shall be governed by the laws of England and Wales.

Thank you so much for your business, we look forward to working with you.

Regards,

Matthew, Material Matters Studio