The contract exists between Sarah Mann trading as Out of the Burrough and the Client whose name appears on the issued quotation document. The contract will include those instructions written into the contract only.

1. Payment terms: A minimum of 50% non refundable payment is required for us to accept an order. Settlement of invoices is required within 7 days from the invoice date with final payment due upon completion, prior to delivery.

2. A payment of 50% will form an acceptance of the terms and conditions.

3. Prices quoted are valid for acceptance for 30 days, unless otherwise specified, and shall be valid for the duration of the work. Where any increase is identified from suppliers for items outside any fixed scope this shall be highlighted at the earliest opportunity.

4. To avoid confusion telephone orders will not be accepted. Any changes or additional instructions must be confirmed in writing by email or messenger and a price agreed before the work can proceed.

5. Any problems with an order must be bought to our attention within seven days of receipt of order. Thereafter charges will be made for any corrections.

6. We reserve the right to charge interest and costs on invoices that remain unpaid 7 days after the payment date in line with the Late Payment of Commercial Debts (Interest) Act 1998 or charge storage fees for the item in question. Items will be stored for a maximum period of 3 months after which will be subject to disposal to recover any monies owing. Items may not be stored on site and we will not be held responsible for any damages caused during storage. Any queries regarding invoices should be raised within 7 days of the invoice date.

7. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. We shall perform our services to meet the schedule as expeditiously as is consistent with the exercise of professional skill and care and the orderly progress of the Project. We shall endeavour to deliver items forming part of this contract at the specified time, providing that the materials to complete the work are available at the time the work is to be undertaken. We will keep the client informed at all times of supply problems, or other factors, which can affect delivery times.

8. We do our best to advise customers of the suitability of fabrics, whether supplied by us or not, however we can only take responsibility for materials which are supplied by us. Covering fabric supplied by the Client is at their own risk. Shortage and faults in fabrics supplied by the Client is the Client’s responsibility.

9. Carriage and delivery charges of fabrics and materials where in addition to quoted figures shall be identified.

10. We reserve the right to apply a 25% surcharge for handling fabrics not supplied by us.

11. There will be a 20% surcharge if we are given many small pieces of material from which to make a product.

12. We cannot be held responsible for fabric flaws on customer supplied fabric. If we can not work around them you will be notified.

13. Collection and delivery shall be included within the quotation unless otherwise agreed.

14. Quotes and estimates shall be supplied free of charge via email or within 15 miles of NR35 2LZ.

15. Should the Client wish to retain sample books overnight a deposit shall be held which shall be refunded upon return or deducted from any outstanding balance.

16. We are able to obtain larger samples of fabrics to aid decision making, we will notify you of any costs associated which shall be payable in advance

17. Where printed and woven fabrics will not pattern match accurately we will inform you for further instruction.

18. We reserve the right to add a surcharge to the make-up costs where fabrics, woven or printed off-grain, require extra time to make and where fabrics and patterns behave unexpectedly.

19. We cannot be held responsible for the present or future behaviour of the treatment/fabric/trims, such as wearing and deterioration, stretching, shrinking, staining, cleanability, fading or damage to person or property, where the consumer has acted against ours or the manufacturer’s/retailer’s instructions ie. washing instructions, steaming etc.

20. We will not be held responsible for charges if you have another company make corrections – you will still be responsible for the original bill.

21. Charges will be made for any corrections that are not our fault.

22. Insurance Claims: We undertake all work on behalf of the client named and it is they who are responsible for the payment of the account. In the case of insurance companies and insurance work, we will undertake the work on the clear understanding that the account will be paid by the client named overleaf when the account becomes due as described in clause 1.

23. Where work is undertaken in relation to an insurance claim, a 50% payment on acceptance of the estimate will be payable by the client, unless an agreement exists between us and the insurers to pay the account directly.

24. Complaints must be raised at the earliest convenience and will be dealt with as quickly as possible and resolution of the same will be our prime objective. Complaints, which cannot be resolved through us, may be referred to The Association of Master Upholsterers and Soft Furnishers, who will arbitrate and suggest a course of action, which is acceptable to both parties. The Association may charge a fee for this service.

25. We reserve the right to take photographs of completed works for use on our website, social media pages and future marketing materials including pictures of items before work commencement.

26. Upholstery

    1. Additional work, which may not be apparent when the estimate is provided, will be advised to the client on discovery, and a course of action agreed. This includes frame repairs which are hidden by upholstery.

    2. Due to the nature of old furniture in some instances methods may need to be adjusted to avoid further deterioration of the frame.

    3. All old covers will be removed prior to upholstery; these covers will be discarded unless the client advises that they are to be returned. This advice must be written into the order.

    4. All new fillings and cover fabrics supplied by us and applied to furniture manufactured after 1st January 1950 must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988. Furniture manufactured prior to 1950 falls outside this scope of the 1988 Regulations with regard to filling or cover.

    5. With regard to Client’s own material. When a Client supplies his/her own materials, it is their responsibility to ensure that the fabric is suitable for the purpose for which they intend to use it and that it complies with the relevant regulations in force with regard to Fire and Safety (as described in the previous clause).

27. Soft Furnishings

    1. For us to fulfil your order accurately the following information must be given with an order: Contract details, Fabric and Trimming information: company, colour, reference number, pattern repeat and swatch sample. Swatches must be marked right side up, with the pattern in the correct top to bottom position. This is extremely important when fabric is used in conjunction with wallpaper and upholstery. Complete finished measurements, including drawings and any special instructions. We cannot guarantee any completion date until all components for a job (fabrics, trims, and measurements) have been received.  We cannot be held responsible for delays caused by circumstances beyond our control.

    2. Accurate measurements can only take place when all laths, tracks, poles etc are in place.

    3. Curtains, tracks and blinds can only be fitted and measurements taken if all radiators re fitted; all walls plastered and papered (where applicable); paint to sills, window frames and skirting boards are dry; walls are tiled (where applicable); carpets fitted or floors finished to the final level; electric light and power are readily available.

    4. If there is any unevenness to floors, window sills or radiators, curtains and blinds will be made to the shortest drop unless otherwise agreed.

    5. We only make blinds that are fully compliant with the BS EN13120 Child Safety for Blinds requirements. Therefore, all blinds will be supplied with compliant track and fitting systems. In order to facilitate this, we need to know the installation height of the blind/track system in order to determine the length of the cord/chain, otherwise the chain will be supplied with a breakaway device and will be no longer than 2/3rds of the finished drop of the blind.

    6. All roman blinds will be supplied with the appropriate breakaway devices. We will show you how to re-instate the breakaway devices should they ever be activated. There will be a charge should we be called out to reinstate any breakaway device.

    7. When installing all blind and track systems, we will require a signature to confirm that all safety requirements have been installed and that you have been given instruction on reinstalling any breakaway devices.