MITCHELL & DICKINSON
Terms and Conditions
Mitchell and Dickinson Limited (the Company / we) are the suppliers of insulation and attendant restoration services.
These terms and conditions govern the contract for the supply of goods and services in the course of business between the Customer (You) and the Company, and should be read in conjunction with any supplementary guidance or policies as provided to you throughout the business relationship.
Please read these terms and conditions carefully. By paying your deposit you are confirming your order and your deposit payment will signify the acceptance of these terms and conditions.
Please find a list of defined terms used throughout this document on our website.
- OUR CUSTOMER
We value our Customers and endeavour to provide an unbeatable service.
Any actions requiring your consent, such as for changes to scope of work, will be required from you only and the Company is not responsible for any dispute with third parties resulting from you providing such consent. See Section 19 for further information.
For the avoidance of doubt, you will be solely responsible for payment of our invoices in respect of the Service Contract between you and the Company. The Company are not obliged to seek payment from third parties for the payment of our invoices.
- OUR SERVICES
- CosyGlazing is our unique, secondary glazing system which involves the installation of plexiglass, using magnetic tapes, over the existing glass on your door or window to provide insulation similar to double glazing;
- Draught proofing through the instalment of durable rubber sealing fitted in timber beading, routed-in brushes to doors and casement windows and concealed-brush beading for sash windows;
- Sloping ceiling, underfloor and loft insulation using an array of techniques and materials, ranging from sheep wool and thermal laminate boarding, to LoftZone StoreFloor loft flooring system;
- Consultancy and advice by our experienced team in energy saving solutions for your property;
- Radiator enhancement, by installing heat deflecting technology behind your radiator to reduce heat loss through the wall;
- Restoration of woodwork to windows doors and frames using reclaimed timbers such as pitch pine, and sustainably grown oak, together with epoxy resin compounds; and reglazing and repairs to face putty and beading
- Re-engineering of sliding sash (see section 13)
- Sealing gaps between timber floorboards with Marine Decking Caulk; and
- Window replacement, where restoration is not .
- STANDARD OF SERVICE
The Company will use reasonable endeavours to provide delivery of insulation and restoration services, taking reasonable skill and care and using materials and craftsmanship fit for purpose.
- FIXED PRICE QUOTATION
Following the completion of a Quotation Survey, a Fixed Price Quotation will be provided to you, detailing the agreed itinerary of services and the fixed cost for their delivery.
This Fixed Price Quotation is for insulation services only and is provided based upon the requested scope of work, considering current values of materials and labour costs at the time of providing the quotation.
Provision of this Fixed Price Quotation consists of the Company’s offer for contractual services and remains valid for 60 days from the date of issue. If not accepted, the offer shall lapse.
Payment of the deposit will signify acceptance of the Fixed Price Quotation, which will subsequently form the Service Contract, in hand with these terms and conditions.
Variation of the Service Contract can be made in writing via mutual agreement between the client and the Company as set out in section 10.
At the Company’s discretion, discounts may be offered on Fixed Price Quotations only including:
- 5% discount for your order being placed and deposit paid within 28 days of receiving our quotation
- 2.5% discount for you, the Customer, being flexible on installation dates
- 2.5% discount as a thank you for making final payment within 7 days of final invoice
In addition, the Company may apply further discounts in return for customers agreeing to act as a reference show home for other customers, or other discretionary discounts.
Should you be offered such discount, this will be made apparent on the Fixed Price Quotation and the terms of such will be displayed.
There are no discounts available for restoration work.
- RESTORATION ESTIMATE
The Restoration Estimate, when included, as defined includes but is not limited to; carpentry and joinery work required to doors and windows, lofts and floors where required in order to fit our insulation measures, general making good and glazing.
The Restoration Estimate does not form part of the Fixed Price Quotation and therefore may vary at any time until the project is completed. Please see Section 10.
Factors that may affect the estimate include changes to the scope of work, the discovery of further work required (such as the replacement of rotten woodwork, or poor paintwork or putties), and costs of materials.
Restoration Estimates are calculated based upon the prevailing labour rates. These rates can be found on our website or upon request.
Should it become apparent at any stage during the course of the preparation for works or during the works that further restoration will be required, or is requested, and that our original estimate will increase or decrease in value by more than 20% a change to the Restoration Estimate will be required.
The Company will confirm to you in writing, identifying the additional work and any related costs, in advance of proceeding with any additional works.
Restoration works that exceed the original Restoration Estimate by +/- 20% will not take place until your consent has been given. Consent can be given by;
- Signing a variation to order sheet provided by the Project Manager;
- Written approval in response to an email from the Company; or
- Verbal approval, in person or over the phone, which will be confirmed via follow-up email from the Company.
Payment of the deposit signifies acceptance of the Fixed Price Quotation, and, with these terms and conditions, creates the Service Contract between you and the Company.
Payment of the deposit also demonstrates your agreement to any Restoration Estimate given +/- 20% and that you are willing for restoration works to be carried out as appropriate, with payment due on completion.
The respective deposit amount can be found on the Fixed Price Quotation and Restoration Estimate.
Details of how to pay can be found at Section 20 below.
- SPECIFICATION SURVEY
Following receipt of the deposit by the Company, we will conduct a Specification Survey whereby specific measurements will be taken by a technical surveyor for the purpose of planning the installation works and ordering materials for the insulation installation.
During the Specification Survey, you will also be given the opportunity to confirm decorative preferences, such as paint colour and trim designs if applicable.
The Specification Survey is estimated to take up to 4 hours (with the exception of larger/complex sites), with the technical surveyor requiring full access to the site and to you, the Customer, throughout the duration of the visit.
- VARIATION TO SCOPE OF WORK
Variations to the scope of work as provided within the Service Contract can be made only at the discretion of the Company and in writing via mutual agreement of all parties.
Variation to the scope of work in the Fixed Price Quotation may be required if;
- The Customer requests additional services or products such as additional/different window furniture
- The site is found to require additional services that were not previously identified, such as where a differing finishing specification is requested; or
- Where we discover additional time or equipment is required to enable us to complete the installation in a safe and timely mannersuch as where we need to accommodate parking restrictions or where suitable working space which is in close proximity to the installation area is not available or where we will be working alongside other trades concurrently which will hinder our access, or where additional access equipment, or power light and heat is required.
At the sole discretion of the Company, if a variation is requested or required pursuant to Section 9, a new Fixed price Quotation will be produced by the Company.
If a new Fixed Price Quotation varies by more than 10% of the original quotation, the Company reserves the right to request a further deposit sum.
Variation to the scope of work in the Restoration Estimate may be required if the site is found to require additional services that were not previously identified, such as where rot is found or the extent of rot is discovered to be more extensive than originally estimated.
If the cost of additional restoration work found to be required varies from the original Restoration Estimate by more than 20%, then a new Restoration Estimate will be produced by the Company.
In these instances, the Company reserves the right to request a further deposit sum.
Vice versa, where lesser works are discovered to be required, a lesser price can be agreed in writing between the Client and Company.
All increases to estimates and quotations will be calculated in accordance with prevailing labour rates. These rates can be found on our website or upon request.
- DELIVERY OF SERVICES
The Company will provide a Provisional Installation Date to you as soon as is reasonably practical following completion of the Specification Survey.
Whilst the Company will attempt to make your Actual Installation Date as close as possible tothe Provisional Installation Date, due to the unpredictable nature of our work your Actual Installation Date may vary from the Provisional Installation Date due to delays outside of the control of the Company.
The Company accept no liability for any losses incurred as a result of such delays.
At the Company’s discretion and only in exceptional circumstances, a Provisional Installation Date may become a Fixed Installation Date by written agreement where agreement is made at least 4 months in advance of the Installation Date, and a deposit payment of at least 50% of the Fixed Price Quotation and any Restoration Estimate has been received.
At the end of the project, we will require you the customer to inspect the work. Where the customer cannot be present on completion of the project to inspect the work final payment will remain due within 7 days of invoice which will be issued on completion of the project.
- FINISHING STANDARD
The Company operate a Finishing Standard whereby, within the Fixed Price Quotation, minimal, area-specific decorating and/or restoration will be made to ‘make good’ where the original paintwork or woodwork has been disturbed in the course of our work.
Examples of what is included in our Finishing work include:
- Using surface filler/resins to make good disturbed surfaces; and
- Painting a single area with primer and/or undercoat and/or top coat as required to meet the original standard.
Please note that our Finishing Service does not include painting or decorating of full windows/doors and will only ‘make good’ where the original décor has been disturbed.
Where we are making an exception and providing a comprehensive decorating service as part of the Service Contract, you will be provided with a Restoration Estimate which will set out the details of decorating standards to be applied.
- RE-ENGINEERING FULLY INTEGRATED SASH WINDOW
Pulley system: Re-engineering includes taking out sashes, rubbing down and removing old paint from the running channel to allow smooth operation, interior inspection of boxes and clearing of any obstructions, renewal of sash cords/check sash chains, reweighting, checking alignment of meeting rails, adjusting accordingly with additional timber plants as required, adjusting sash widths so that they operate smoothly, reassembling and making good of areas disturbed.
Spiral balance/spring system: Reengineering includes taking out sashes, removal of spiral balancers/spring system, rubbing down and removing old paint from the running channel to allow smooth operation, interior inspection of boxes and clearing of any obstructions, checking alignment of meeting rails, adjusting sash widths so that they operate smoothly, adjusting spiral balancers/springs to the correct tension, reassembling and making good of areas disturbed.
When draught proofing is fitted, we will replace parting and staff beads with specialist timber beading and install draught proofing brushes to the meeting rails. We will replace window hardware appropriate to our system.
- DRAUGHT PROOFING AND VENTILATION
Older buildings must retain an element of ventilation so we aim to cut draughts by up to 70%.
The ventilation requirements are bespoke to each property depending on existing ventilation and appliances in use. Trickle vents in our sash window system are designed to provide ventilation but occasionally additional forms of ventilation, mechanical or otherwise, may be required. Further technical information is available on request.
Unless specified in your quotation, we will install our insulation system to provide benefits in thermal insulation as the principal objective, although there may be some ancillary benefit in sound insulation.
Where sound insulation is your principal objective a different design and installation approach will be required which must be specified in your quotation as a sound proofing design. Further technical information on soundproofing capabilities is available on request.
CosyGlazing usually reduces condensation but we cannot guarantee that it will eradicate it entirely. In rare cases condensation appears after installing CosyGlazing. This is usually due to poor historical or current window maintenance including previously cracked putty, paints or seals allowing timbers to become saturated and release moisture into the void, which can still occur after restoration or repair and which we cannot therefore predict prior to our installation.
Our surveyors may offer general advice but they are not qualified to conduct window condition surveys and Mitchell & Dickinson cannot be responsible for the appearance or persistence of condensation should this occur after installation. Further technical information on condensation and CosyGlazing is available on request.
- FINANCIAL AND ENERGY SAVINGS PROJECTIONS
Where possible, Financial and Energy Savings Projections will be provided to you by the Company following the completion of the Quotation Survey.
These Financial and Energy Savings Projections will detail your anticipated current energy losses, in comparison with potential savings through the use of our insulation services.
Financial and Energy Savings Projections are calculated using energy usage and expenditure figures provided by you, and by assessing the size, type and age of your property, the quantity, location and material of existing fenestrations, and existing insulations, the efficiency of any existing heat sources and any other relevant factors.
All Financial and Energy Savings Projections provided are purely estimations and provide no guarantee, nor form part of any binding contract between the Customer and the Company.
Financial and Energy Savings Projections are based on in-house formulae, using default values based on our expertise where specific values cannot be provided by you, and are not audited by any third party.
- LIMITATION OF LIABILITY
The Company’s services are designed to improve the thermal efficiency of your property, providing bespoke insulation services to a range of different buildings of varying age and condition.
Upon initial enquiry, we will arrange for one of our In-house Insulation Surveyors to conduct a Quotation Survey at your property. During this survey we may provide our recommendations for increasing your property’s insulation and overall energy efficiency. We are not building surveyors or construction, damp or window condition surveyors and encourage you to seek advice from a specialist third party should you have any concerns beyond our remit of expertise.
Prior to the Actual Installation Date, the Customer is required to ensure that the site is clean and clear from obstruction. Failure to do so may lead to lessened efficiency of installation and/or incurring further labour charges as per the rates published on our website.
Factors outside of the Company’s control that may affect the efficiency of installation include poor historical or current window maintenance, leading to cracked putty, paints or seals around the window or door, allowing the surrounding woodwork to become saturated.
In surveying your property, the Company do not and will not conduct a full review of the site condition and therefore it is the responsibility of the Customer to seek third party advice should they consider any of the following may be of concern:
- Dampness and moisture in wood trim, framing or areas surrounding the site;
- High Humidity;
- Ventilation; and
- Any other concerns, visual or otherwise, with the condition of the site.
Following installation, it is the responsibility of the Customer to upkeep the required maintenance on the insulated area.
Failure to take consideration of the above may result in Condensation forming after installation leading to restricted transparency or wood swelling of windows and doors that may affect their use; growth of mould and accelerated decay of timbers and seals, or damp patches on ceilings and walls.
The Company provide no guarantee against Condensation forming following installation and accept no liability for any losses incurred as a result of Condensation.
Any claim in respect of losses incurred by the customer as a result of actions of the installation team or by the Company, such as scuffs, scratches or paint discolouration will be limited to the total value of £500 per Service Contract.
- THIRD PARTY CONSENTS
It is the responsibility of the Customer to ensure that the correct authorisation is in place for services undertaken on a site. This can include if: –
- The property is a Listed Building that requires local authority consent for any works;
- You are an Agent of the Homeowner;
- You are not the sole Homeowner, owning the property jointly with another individual; or
- You require authority from any other third party to employ our services to the property.
If the delivery of services is delayed or disrupted due to lack of third-party consent, the Company retain the right to terminate the Service Contract in accordance with Section 21.
In some instances, Conservation Officer Approval for our installation to complete this Service Contract may be required. This will require correspondence with your local Conservation Officer, providing a detailed plan of the proposed works and a request for written confirmation of approval known as a Certificate of Lawfulness. The Company can make this application on your behalf for a fee of £350 (plus VAT) for individual homeowners.
In some instances, full Listed Building Consent will be required. To obtain this, a full application must be made to the Local Authority with the Listed Building consent forms and a detailed plan of the proposed works and schematics. Further correspondence with the Local Authority may also be required to provide any clarification of the proposed works.
The Company can make this application on your behalf, liaising with the Local Authority and providing you with a report on the outcome for a fee of £550 (plus VAT) for individual homeowners.
Where you employ a third party to make such application on your behalf and schematics and/or plans are requested, the Company can provide such for a fee of £50 (plus VAT)
The Company provide no security in the success of any application.
The Company do not accept any liability of charges or action by the Local Authority in relation to works undertaken on Listed Buildings without the necessary authority in place.
On completion of work, the Company will deliver a VAT invoice for the total sum due in respect of the insulation and restoration works. Full payment is due within 7 days, unless otherwise agreed with the Company.
Failure to make payment within 1 month of invoice delivery will result in the accrual of interest at a rate of 5% per month of the remaining sum due. You will be provided with an updated invoice, listing the interest accrued and amount payable, on a monthly basis until funds are provided to clear the invoice.
The Company reserve the right to pursue claims for non-payment of invoices, and recoup the related costs for legal representation from you in doing so.
Payment can be made via bank transfer using the below details:
Account name: Mitchell and Dickinson Ltd
Account number: 20231644
Sort Code: 16-58-10
Payment is also available via cheque, by delivery to the following address:
Mitchell & Dickinson Ltd
Studio K, Business Support Centre
Caddsdown Industrial Park
The Company may, at their discretion, offer a payment instalment plan whereby upon payment of deposit, the outstanding balance may be paid across 6 months following the completion of installation and restoration works.
Payment instalment plans may be offered at 0% interest rate. However, failure to provide full payment by 6 months from delivery of the Company’s invoice following installation will result in the accrual of interest as above.
- CANCELLATION AND TERMINATION
On the rare occasion that the Service Contract needs to be cancelled by the Customer before the Installation Date, the following provisions are provided:
- Notice of Cancellation prior to the Specification Survey taking place will be liable for a full refund of 100% of the deposit paid, less an administration charge of £300 plus VAT.
- Notice of Cancellation provided after the Specification Survey has taken place a cancellation fee of 30% of the Total Project Value will apply.
- Notice of Cancellation provided after the Specification Survey has taken place and less than 4 weeks before either the Provisional or Actual Installation Date for any reason and where we are unable to reschedule our craftsman for other work a cancellation fee of 50% of the Total Project Value will apply.
- Where a customer requires us to postpone a Provisional or Actual Installation Date for any reason and the Company has not been informed in writing after completion of the Specification survey of such cause for delay a postponement fee of 10% of the Total Project Value will apply. Where we are able to reschedule our Craftsmen to other customers an administration fee of £300 plus VAT will apply.
- Where a customer requires us to postpone the delivery of services during the Service Delivery Period for any reason, the Company retain the right to, at their discretion, charge a postponement fee of 25% of the Total Project Value or terminate the Service Contract, charging for costs accrued to the date of termination and an administration fee of £300 plus VAT.
Unpredictable circumstances outside of the Company’s control may require the Company to terminate the Service Contract, which the Company reserves the right to do at little or no notice. In such instances, the Company will endeavour to give Notice of Termination to the client at the very earliest convenience.
In this instance, the Company will review the works completed to date providing a refund of fees paid up to the point of cancellation at their discretion.
These instances may include:
- A Force Majeure event (for example – natural disaster, act of war or terrorism, governmental action etc.);
- An outbreak of Covid or other Epidemic which reduces the availability of skilled craftsmen to complete the Service Contract;
- Extended project delay of 6 months or longer as a result of delays to planning permission, other works that the customer has commissioned, or long-term illness or bereavement suffered either by the customer or the Company
- If it becomes apparent during preparation for the work that the building fabric of the site where the work is to be completed is not in good condition for the completion of the Service Contract in our opinion;
- The Customer postpones the installation and we are unable to accommodate a delay in our work schedule;
- Extreme weather conditions;
- Insolvency of the Company;
- Bankruptcy of the Customer; or
- If it otherwise becomes apparent that the Company will be unable to secure full payment for its services.
- INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in or arising out of or in connection with the Service Contract (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by the Company and will not, without written agreement, transfer to the Customer at any time.
- QUERIES AND COMPLAINTS
If the Customer has any concerns with the Service Contract, the work being undertaken on their property by the Company, or anything else in relation to the business relationship between the Customer and the Company, the Customer is encouraged to raise this with our team at your very earliest convenience.
Contact can be made via email (firstname.lastname@example.org), by telephone on 01237 429826 or by attending our offices at Studio K, Business Support Centre, Caddsdown Industrial Park, Bideford EX39 3DX during our opening hours, Monday to Friday, 9:00am to 5:00pm (excluding public holidays).
Formal complaints will be initially reviewed and resolved by the designated Customer Manager. If you are unhappy with the resolution, your complaint can then be raised with Managing Director, Thomas Coles, whose decision is final.
During the course of processing any complaint, the Company reserves the right to pause any work in progress at the complainant Customer’s property until a solution has been sought.
- JURISDICTION AND THIRD-PARTY RIGHTS
These Terms are governed by the laws of England and the Customer agrees to submit to the exclusive jurisdiction of the courts of England and Wales with respect to their relationship with the Company.
Nothing in these Terms is intended to confer any benefit or entitlement on any person other than as provided for in this agreement and no such other person shall have any rights to enforce any of the Terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
In the instance that you wish to transfer the contract to a third party, express agreement in writing between you, the Company and the third party will be required.
|“Acceptance” / “Accept”
||the acceptance of the contract terms offered, confirming the formation of a binding contract for services.
|“Actual Installation Date”
||the date installation and restoration services commence on the site.
||means any representative of the Homeowner, when acting on their behalf in relation to the Service Contract. The Agent will therefore be the Customer in these instances.
||means water which collects as droplets on a cold surface when humid air is in contact with it.
||an expert advisor employed by the Local Authority to provide advice in relation to any Listed Building queries.
|“Conservation Officer Approval”
||means confirmation by a Conservation Officer that the proposed works to the site do not require further review by the Local Authority by way of Listed Building Consent.
|“Customer” / “you” / “your”
||means the contractor to the provision of goods and/or services by the Company.
|“Company” / “us” / “our” / “we”
||means Mitchell and Dickinson Limited, a Limited Liability Company registered in England Wales under company number 07217073, whose registered office is Studio K Business Support Centre, Caddsdown Industrial Park, Bideford, Devon, United Kingdom, EX39 3DX
||an advanced and removable secondary glazing system created specifically for your property and provided and installed by the Company, involving the professional fixation of custom fitted plexiglass and customised ironmongery to existing glass fenestrations within your property using our developed magnetic tape
|“Financial and Energy Savings Projection”
||the formal estimate of household financial and energy savings considering heat loss and carbon emissions, being an approximate valuation of costs and energy saved following the installation of insulation.
||the minimal decorative services provided by the Company within the Fixed Price Quotation, for the purpose of making good any minor imperfections caused by the installation services.
|“Fixed Price Quotation”
||the quotation provided to the Customer as an offer for services, based upon the scope of work agreed during the Quotation Survey.
|“Fixed Installation Date”
||means where a Provisional Installation Date has been fixed, in writing, and confirmed for commencement of works on that date.
||means the owner of the leasehold or freehold title of property, subject to the provision of goods and services of the Company.
|“In-House Insulation Surveyors”
||individuals trained by Mitchell & Dickinson on insulation measures and heat loss in older properties. They are not building or window condition surveyors.
|“Intellectual Property Rights”
||means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
||a building or structure which is considered to be of special architectural or historic interest and is therefore protected by the Local Authority.
|“Listed Building Consent”
||the conservation mechanism by which the Local Authority ensure that any changes to listed buildings are appropriate and sympathetic to their character.
||your local government planning department.
|“Notice of Cancellation”
||the formal written notice of cancellation of the Service Contract by the Customer, accepting the cancellation fee where applicable as set out in Clause 21
|“Notice of Termination”
||the formal written notice of termination of the Service Contract by the Company.
||the offer of terms of service to the Customer, which can be accepted to form a binding contract for services.
|“Provisional Installation Date”
||the estimated date installation and restoration services are planned to commence on the site.
||the survey undertaken by an Inhouse Insulation surveyor at the site in order to collect information provided to produce the Financial Savings Projections, Fixed Price Quotation and Restoration Estimate.
||the fee estimate to the Customer as fee guidance for restoration works, based upon the scope of work agreed during the Quotation Survey in accordance with Clause 7.
||the contract between the Company and the Customer for insulation services, on the terms set offered by the Company in the Fixed Price Quotation.
|“Service Delivery Period”
||means the duration of time, across which the installation and restoration are delivered to the site.
||the area of property where services are to be delivered.
||the detailed technical survey undertaken by a specification surveyor at the site following acceptance of the Fixed Price Quotation and payment of the deposit.
|“Total Project Value
||the combined value of the Fixed Price Quotation and the Restoration Estimate and any additional estimates for replacement joinery.