Terms and Conditions
If you are purchasing Goods from us as a consumer, you are entitled to statutory rights. Details of these are available from the Office of Fair Trading.
1.1. ‘Conditions’ means the Terms and Conditions contained within this document.
1.2. ‘Contract’ means any contract between Us and You for the sale of Goods and/or provision of Services, incorporating these Conditions;
1.3. ‘Goods’ means the items that You agree to buy from Us as detailed in the Order.
1.4. ‘Order’ means the order described in 2 below.
1.5. ‘Services’ means the services to be provided by Us as detailed in the Order.
1.6. ‘We’ or ‘Us’ or ‘Our’ means W. Westerman Limited (registered office: 154 Bye-Pass Road, Chilwell, Nottinghamshire, NG9 5HQ; VAT number: 927 1280 29) and shall be deemed to include Our employees.
1.7. ‘You’ or ‘Your’ means the person, firm, or company who purchases or agrees to purchase the Goods and Services from Us.
2.1. The Goods and Services that We offer are bespoke and made to order. Any particular specifications required by You must be stipulated in writing when placing an Order.
2.2. No Order shall be deemed to be accepted by the Us until a written acknowledgement of order is issued by Us. Any order shall be accepted entirely at Our discretion.
2.3. It is Your obligation to ensure that the terms of the Order and any applicable specification are complete and accurate.
2.4. These Conditions shall apply to any Order that you may place with us. Please therefore ensure that you have read them carefully before placing an Order.
Description of Goods and Services
3.1. The description of the Goods or Services shall be set out in the Our acknowledgement of order.
3.2. All drawings, descriptive matter, specifications and advertising issued by Us and any descriptions, details or illustrations contained in Our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods or Services described in them and they will not form part of the contract between You and Us unless otherwise agreed in writing.
Price and Payment
4.1. Unless otherwise agreed by Us in writing the price for the Goods and/or Services shall be the price set out in Our Estimate and will be valid for 28 days from the date of issue.
4.2. Estimates are based on the description of works as described, based on Our evaluation at the time of estimating. It does not include labour and material requirements, due to unforeseen installation requirements.
4.3. Payment of the price for the Goods and/or Services is due 30 days after the earlier of:
(a) delivery of Goods or provision of Services; or
(b) the date of invoice.
4.4. No payment shall be deemed to have been received until We have received cleared funds.
4.5. Notwithstanding any other provision, all payments payable to Us under the Contract shall become due immediately upon termination of this Contract for whatever reason.
5.1. Unless otherwise agreed in writing by Us delivery of the Goods shall take place at Our place of business in normal business hours and You shall take delivery of the Goods within 7 days of Us giving You notice that the Goods are ready for delivery, unless the Order includes installation.
5.2. Any dates specified by Us for delivery and/or installation of the Goods are intended to be an estimate only. If no dates are so specified, delivery will be within a reasonable time. Where the Order includes Installation, deliver will be by prior agreement.
5.3. If for any reason You do not accept delivery of any of the Goods when they are ready for delivery, or We are unable to deliver the Goods on time because You have not provided appropriate instructions, documents, licences or authorisations then the Goods will be deemed to have been delivered, risk passing to You (including for loss or damage caused by Our negligence) and We may:
(a) store the Goods until actual delivery whereupon You will be liable for all related costs and expenses (including without limitation storage and insurance); or
(b) sell the Goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge You for any shortfall below the contract price.
5.4. Goods, once delivered, may not be returned unless their return is agreed in writing by Us.
5.5. We will not be liable for any loss (including without limitation loss of profit, direct or indirect), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods;
5.6. If We agree with You in writing that the Services shall include that We will deliver the Goods to a location other than that specified in condition 5.2, You agree to inform Us if there are any difficulties regarding access to the site where the Goods are to be delivered. If We encounter such difficulties, having not been informed of them in advance, it shall be at Our discretion to abandon the delivery and require that delivery take place at Our place of business.
5.7. If We agree with You in writing that the Services will include the erection of the Goods, unless agreed by Us in writing it is Your responsibility to prepare a suitable base on which the Goods can be erected. If for whatever reason We deem that the base is unsuitable for this purpose, We will be released from Our obligation to erect the Goods. Notwithstanding We may agree with You that We will make the base suitable and erect the Goods on the improved base. In such circumstances We will agree with You a reasonable additional charge in relation to making the base suitable for that purpose.
Passing of Risk and Title
6.1. The Goods shall be at Your risk from the time of delivery.
6.2. Full legal, beneficial and equitable title to the Goods shall remain vested in Us (even though they have been delivered and risk has passed to the Customer) until payment in full, in cash or cleared funds, for all the Goods and Services has been received by Us.
Warranty of Quality of Goods and Services
7.1. If You establish to Our reasonable satisfaction that there is a defect in the materials or workmanship of the Goods manufactured or there is some other failure by Us in relation to the conformity of the Goods with the Contract or the Services have not been performed with reasonable care and skill, then without prejudice to your statutory rights we will at Our sole discretion and within a reasonable time:
(a) repair or make good such defect or failure in such Goods free of charge to You; or
(b) replace such Goods with Goods which are in all respects in accordance with the Contract or re-perform such Services
Subject, in every case, to the remaining provisions of this condition 7 provided that Our liability under this condition 7 shall in no event exceed the price of such Goods or Services and performance of any one of the above options shall be our only responsibility under this warranty.
7.2. Condition 7.1 shall not apply unless You afford Us a reasonable opportunity to inspect the relevant Goods or the location at which the Services were performed.
7.3. We shall be under no liability under the warranty at condition 7.1 above:
(a) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without Our approval;
(b) if the total price for the Goods or Services has not been paid by the due date for payment;
(c) for any Goods manufactured or appropriated to the Contract in accordance with any design, specification, instruction or recommendation made to Us by You or for any Services provided in accordance with specifications, instructions or recommendation issued by You;
(d) in respect of any type of defect, damage or wear specifically excluded by Us by notice in writing; or
(e) if You make any further use of the Goods after giving notice in accordance with condition 7.2.
Exclusion and Limitation of Liability
8.1. Condition 5 and the following provisions set out Our entire liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of any breach of these Conditions or the Contract.
8.2. Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence, or for fraudulent misrepresentation.
8.3. Our total liability to you, howsoever arising, shall be limited to 120% the price of the Goods and/or Services.
8.4. We shall not be liable to You for any unforseeable, indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever.
8.5. The price of the Goods and/or Services has been calculated on the basis that We will exclude or limit liability as set out in the Contract and You by placing an Order agree and warrant that You shall bear any additional loss (for which We have excluded or limited Our liability in the Contract) yourself.
9.1. In the event that You wish to cancel this Contract You shall inform us as soon as possible by giving notice in writing to Us at Quality in Wood, W. Westerman Limited, 158 Bye-Pass Road, Chilwell, Nottinghamshire, NG9 5HQ. Any monies paid by You will be refunded (without interest) less such reasonable sum for any Goods and/or Services provided and costs incurred by Us.
9.2. In the event that EITHER You make any voluntary arrangement with Your creditors or become subject to an administration order or (being an individual or a firm) become bankrupt or go into liquidation OR an encumbrancer takes possession or a receiver is appointed of any of Your property or assets then without prejudice to any other right or remedy available to Us We shall be entitled to cancel the Contract or suspend any further deliveries or performance under the Contract without any liability on Our part to You. If the goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1. Neither of us shall be liable for any delay in performing or failure to perform due to circumstances beyond our reasonable control. Such delay or failure will not constitute a breach of this Contract and time for the performance of the effected obligations will be extended by such period as is reasonable.
11.1. Where We receive any personal data (as defined by GDPR 2018 (“the Act”)) from You, We shall ensure that is used and retained in compliance with the provisions of the Act and only used to fulfil Our obligations under the Contract and will be retained for 10 years.
11.2. Your data will not be used for marketing nor will it be sold or passed to 3rd parties.
12.1. Any variation to these Conditions must be in writing and signed by Our duly authorised representative.
12.2. If any provision of these Conditions is ruled to be invalid for any reason, that invalidity will not affect the rest of these Conditions which will remain valid and enforceable in all respects.
12.3. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Conditions. No person who is not a party to these Conditions shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Conditions.
12.4. No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or other provision.
12.5. The Contract shall be governed by the Laws of England and subject to the exclusive jurisdiction of the English Courts.
We Take Pride in Our Work
Quality in Wood is part of W Westerman Ltd, a 3rd generation family run local business in Nottingham W Westerman Ltd was founded in 1933 by Walter Westerman and is now a significant East Midlands house builder. Walter himself, started out as a carpenter and joiner which is the origins of “Quality in Wood”.
In 1933, Walter began work on his own in a small shed at his parent’s house in Chilwell, making window frames and carrying out general carpentry repair work.
In his first foray into house building, he built a pair of houses for his relatives in Chilwell in 1935 and then went on to build more houses locally.Find Out More
Reviews are very important to us, they are the lifeblood of any decent joinery business and have helped us trade consistently for years.
Take a look at some of our recent projects and the testimonials that our valued customers have left us.Find Out More
We love sharing photos and articles about the excellent work that our team undertake and giving our customers a look into the varied pieces of joinery we produce.
Check out our Latest News section regularly for any updates about us or the work we do!Find Out More