Terms & Conditions

Scope

These Terms and Conditions of Service apply to all products and services supplied by Hutton & Gate Limited.  All work carried out by Hutton & Gate Limited., is undertaken on the understanding that the client agrees to these terms and conditions.

Quotations and Estimates

Initial estimates and quotations are given on the basis of information supplied by the client.  Hutton & Gate Limited., retains the right to amend any quotation in the event of the specifications for a specific job being changed or in the light of subsequent review of the project.

A job will only be accepted on receipt of written confirmation from the client.  Alternatively, the client may send an official order in reply to the estimate or quotation.  Any order placed by the client is taken as acceptance of these terms and Conditions.

All quotations are valid for 28 days from the date of quotation.

Charges and Payments

If the customer does not have an approved up to date credit account with Hutton & Gate Limited. We need a 50% down payment before work commences. Payment of the 50% balance including vat will be due on completion of works

If the customer has an approved up to date credit account with Hutton & Gate Limited., we have credit terms of 30 day date of invoice.  Depending on the value of the work Hutton & Gate Limited may still require staged deposits as detailed below

Payment of 50% (fifty per cent) of full contract value (incl. Vat) with signed purchase order

Payment of 40% (forty per cent) of full contract value (incl. Vat) upon completion of works.

The buyer is permitted to withhold a retention of 10% (ten per cent) until all reasonable snagging has been completed.

Alterations and Amendments

Any additional work over and above the original estimate carried out by Hutton & Gate. or its agents is charged at the current standard hourly rate of either Hutton & Gate or its agents unless otherwise specified and agreed with the client.  Charges required to be carried out after acceptance of agreed works will be liable to a separate charge at the current hourly rate.  The Customer will issue a separate order for all additional agreed costs.

Credit Standing

The Customer being a body corporate become insolvent , or pass a resolution or suffer an order of  the Court to be made for their winding up, or have had a receiver appointed (or carry out or undergo any analogous act or preceding under foreign law) being an individual   partnership become insolvent or suspend payment in whole or in part or propose or enter into any composition or arrangement with his or their creditors or have had a receiving order in bankruptcy made against him or them, or carry out or undergo any analogous act proceeding under foreign law.

 

The Company shall be entitled to exercise its aforesaid right of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied.      

The Customer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any disputed claim of the Customer nor shall the Customer be entitled to set off against any amount payable under the contract by the Company or any monies which are not presently payable by the Company or for which the Company disputed liability.          

 

  1. a) The property in the goods shall not pass to the customer and the customer shall keep the goods as bail and trustee for the Company (returning the same to Company upon request) until the price if the goods shall have been wholly paid and until any other sums whatsoever which are due from the Customer to the Company whether under this contract or howsoever otherwise shall have been paid in full without any reduction or deferment on account of any dispute or cross-claim whatsoever
  2. b) (i) manufactures another article or articles from the goods with or without the addition of another materials and / or

(ii) Mixes the goods in any way whatsoever with other materials and /or

(iii) incorporates the goods into any other article as a component part, the property in the products of such manufacture, mixing or incorporation (herein referred to as the “Products) shall be transferred to the Company at the time of property in the products of such manufacture, mixing or incorporation.  The Customer shall keep the products as bailee and trustee for the Company until the Customer has paid to the Company any sums due to the Company whether under this contract or howsoever otherwise in full and without any reduction deferment on account of any dispute.

  1. c) Notwithstanding sub clause (1) and (2) hereof the Customer shall be entitled to sell the goods or products to third parties in the normal course of his business and to deliver them to such third parties but the proceeds of any such sale shall whenever be held on trust for the company.

Responsibilities

Every care is taken to ensure the accuracy of work undertaken but Hutton & Gate Limited., cannot accept any responsibility for errors or inaccuracies in any text or image supplied by the Customer or his/her agents.  All work should be signed off by the Customer as accurate prior to delivery either to the Customer, their agents or to a contractor or any other third party commissioned by Hutton & Gate Limited. on behalf of the Customer.

Proofs of all work will be submitted for the Customers approval and CGL Retail Solutions Limited. shall not be liable for errors not corrected by the Customer in such proofs.  The Customer’s alterations and additional proofs, films, printing plates or other mechanical services or products necessitated thereby shall be charged as additional costs.  Proofs cannot be regarded as accurate from the point of view of colour reproduction.  No responsibility will be accepted for any errors in proofs approved by the Customer.

Disclaimer

Hutton & Gate Limited will not be held responsible for any and all damages resulting from products and/or services it supplies.  Any claim against Hutton & Gate Limited. shall be limited to the relevant fee paid by the Customer.

Hutton & Gate Limited. reserves the right to use the services of sub-contractors, agents and supplies and any work, content, services and usage is bound by Hutton & Gate Limited. Terms and Conditions.  Hutton & Gate Limited., will not knowingly perform any actions to contravene these and the client also agrees to be so bound.