Terms & Conditions

J.W. Turner Ltd T/A

Terms and Conditions / 2018

Please read through our Terms and Conditions and feel free to voice any issues that may arise. It is also important to let us know of any Terms and Conditions, or expectations, of you own that you would wish to be included before work begins.

Terms and Conditions

Our quotations are produced with as much detail as possible to avoid any misunderstanding. If something is missing that you would like included, please let us know and we will revise the quotation accordingly. Any additional works found necessary are to be agreed with the client and a separate revised or ‘extra to contract’ quotation provided.
Definitions – 2.1 Contractor: The ‘Contractor’ is J.W.Turner Ltd. 2.2 Client: The ‘Client’ is a person or entity seeking goods and/or services from the contractor. 2.3 Quotation: A quotation is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Quotation’, no other document is intended to be an offer and is not recognised or may be relied upon as such. A quotation price may alter if unforeseen circumstances arise which lead to greater costs being incurred by the contractor. 2.4 Estimate: An ‘estimate’ is a formal offer made by the contractor to the client within a hard copy or electronic document, headed with the title ‘Estimate’ or ‘Estimation’, no other document is intended to be an offer and is not recognised or may be relied upon as such. An estimate is an estimation of cost, not a definitive quotation and may be subject to variation or change. 2.5 Contract: A contract with J.W. Turner Ltd constitutes an offer by the client, to purchase goods and/or services in accordance with these terms and conditions. The customer is deemed to have read and satisfied themselves of the accuracy and content of the contract offer in terms of specification, charges, price and meaning of terms and descriptions as outlined in a ‘Quotation’ document headed and conspicuously identified as a ‘Quotation’, ‘Estimate’ or ‘Estimation’ provided by J.W. Turner Ltd. The client acknowledges that they have not relied on any statement, promise, representation, assurance warranty or offer which is not set out in a document supplied by the contractor titled ‘Quotation’, ‘Estimate’ or ‘Estimation’. Any verbal estimate given to the client by J.W. Turner Ltd will always be supported by a written quotation or estimate.
Working Arrangements: All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours 7.30 am- 4.30 pm Mon-Fri.
Both Contractor and client to agree practical arrangements on working methods that provide minimum disruption to the client and allow work to be carried out efficiently by the contractor.
Free access is required for delivery of building materials, plant, machinery and skips etc.
All building and other materials provided by the main contractor or their sub-contractors remain the property of J.W. Turner Ltd until full and final payment is received via Bank Transfer, cleared cheque or cash (see item9). Unless otherwise agreed in a quotation (or other document), surplus building materials, waste materials and off cuts etc remain the property of J.W. Turner Ltd or our sub-contractors or our suppliers. After final payment the client takes ownership of the; materials used to carry out the work only.
Access to and collection of used or unused building materials, equipment and plant etc remains in place until full and cleared final payment is received.
Accepting a written quotation, estimate or estimation from J.W. Turner Ltd and agreeing to the commencement of works will allow these terms and conditions to come into affect. The client or J.W. Turner Ltd may withdraw from the quotation offer prior to commencement of works without sanction or penalty however any deposit paid by the client will be used to pay for any bespoke materials ordered on the clients behalf and any bespoke materials under these circumstances will be forwarded to the client to include delivery costs. Any document produced by J.W. Turner Ltd without the heading ‘Quotation’ will not be recognised or accepted as a valid offer of quotation and will not form a contract, please see item 9.
The main contractor being J.W. Turner Ltd may employ both direct and sub-contract labour to work on site. Each individual contractor takes full responsibility for their own third party liability. The main contractor will oversea all works to completion and takes full general and operational responsibility in the running of any contract agreed with the client (see article’9’).
Payment: Payment can be made via Bank Transfer, by cheque or in cash and a receipt for payment will be given. Please make all payment by cheque payable to J.W. Turner Ltd. Bank Transfer details can be found at the bottom of your Invoice. Payment in full is due upon completion of the contract and presentation of the associated invoice. Part payments, interim payments and deposits will be agreed prior to commencement of works or during the contract duration. Interim payments and final payment on completion of a contract is not reliant on the presentation of completion certificates with respect to ELECSA, GAS SAFE or Building Control completion Certificates as they are subject to third party administration by the Local Authority etc. If a payment is not paid in full according to an agreed payment schedule J.W. Turner Ltd reserves the right to terminate the contract and will recover all monies and costs owed by the client. Interest at 8% over the base rate of the Bank of England calculated on a daily basis will be charged.
Insurance – Public Liability and Employers Liability: Both Insurances is provided up to the sum of £10,000,000 by the nominated Insurance Company at the time. All usual general building practices are covered within our Insurance Policy.
All client information is retained in accordance with the Data Protection Act 1988 and all personal and other client details will remain confidential. (see J.W. Turner Ltd Privacy Policy)
In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotaion price or estimated cost may be revised to reflect the situation at hand before or after commencement of work.
Guarantees: All customers will benefit from a full guarantee on our workmanship for a period of 12 mths, the guarantee covers new work only and does not apply to repair work carried out. Repairs to building, roofs, infrastructure or any existing work is not covered by our guarantee. Guarantees on materials run in accordance with manufacturers warranty periods where applicable. Our guarantee covers all new work and new materials used in construction but does not guarantee the integrity of any existing structures, materials or decorations. New build structures only (roofs, flashings to new roofs and new vertical brickwork joints to existing masonry) are covered by our guarantee against water ingress, ingres of water through existing structures are not covered by this guarantee. Subsidence issues (sinkage below slabs, subsidence below new or existing foundations or movement of foundations or floors etc) are not covered within our guarantee agreement. In the event of failure beyond the guarantee period we will be happy to investigate the cause and negotiate a solution to the problem without delay (if it is found that our company is wholly responsible for the failure) and carry out any agreed repairs as soon as possible. Charges may apply for remedial work carried out beyond guarantee dates or to items not covered by our guarantee. Decorations are signed off on completion and not covered by guarantee.
No responsibility is taken by the contractor for the presence of perished, infested or rotten timber (or any other perished, rusty, infested or rotten materials) in existing structures such as doors, constructional or other timbers, windows and frames whether detected or undetected at the time of contract.
Extras will only be undertaken further to both full discussion with the client, and, verbal or written agreement, and charges at the agreed rate.
Protection of existing surfaces (floors, carpets, curtains, doors and furniture etc). Whilst we endeavour to protect existing surfaces with the use of dust sheets and loose plastic sheeting etc along with care in our working practice, responsibility for protection from damage of any existing surface or fabrics etc is the responsibility of the client. Arrangement can be made to put in place protection of existing surfaces, over and above our basic cover, at a negotiated additional cost.
Building Control: Inspections and other related issues concerning the Local Authority Building Control Department can be managed by J.W. Turner Ltd if requested by the client in advance and details of these arrangements are confirmed in writing by both parties. Payment on completion of contract is not reliant upon presentation of Building Control Completion Certificates as delays are sometimes possible due to local Authority administration issues.
Contract duration: An approximate duration time for work to be carried out can be found either on our quotation, schedule of works programme. The ‘Contract duration’ is to be used as a guide only and will not affect the agreed contract price i.e. if a contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a contract takes less time to completed than expected, the client should not expect to receive a discount.
Discounts and retentions: Prices are based on the understanding that no retentions are held unless previously arranged and authorised. No Main Contractor or Sub-Contract discount are given unless agreed and confirmed in writing.
Builders waste is deemed to be waste generated by the contractors whilst carrying out building works and includes materials taken down or demolished by the contractor, this material can be used by the contractor or client for hardcore or masonry infill etc if suitable for the purpose. All on site or road site skip contents remain the property of J.W. Turner Ltd until collection by the skip company.
W. Turner Ltd reserves the right to terminate an agreed contract if the client is in breech of these terms and conditions.
We will endeavour to employ a helpful attitude at all times and will always attempt to bring the building works to a satisfactory conclusion as soon as possible taking into account weather conditions and availability of specialist materials and unforeseen circumstances etc.

Corporate Criminal Offence Policy

1.0 Introduction

For the purposes of this policy, J.W. Turner Limited is committed to conducting its business in full compliance with all applicable laws.

This commitment includes adhering to those requirements of Part 3 of the Criminal Finances Act 2017 (“Criminal Finances Act”) that took effect from 30 September 2017.

J.W. Turner Ltd will not engage in or be associated with any form of tax evasion anywhere in the world, nor to facilitate any such activities.

In connection with this policy, J.W. Turner Ltd has appointed a Compliance Officer to act as a point of contact. J.W. Turner Ltd current Compliance Officer is Antony J Turner Managing Director.

2.0 Scope and Purpose

2.1 Overview

The Criminal Finances Act referred to in Section 1 introduced the Corporate Criminal Offence of failing to prevent the facilitation of tax evasion by another person. For there to be such an offence, each of the following three stages would need to be present:

1) There is criminal tax evasion by another party;

2) There is the criminal facilitation of that evasion by an associated person i.e. a person acting for or on behalf of J.W. Turner Ltd:-

3) J.W. Turner Ltd failed to prevent that facilitation.

In the event that these circumstances apply, J.W. Turner Ltd could be liable to a criminal conviction, a potentially unlimited fine and the attendant negative publicity. The only defense that it then has is that it had in place at the time a system of reasonable prevention procedures.

There does not need to be a conviction for either stage 1 or stage 2 for stage 3 to be present. The definition of associated person is very widely drawn, including individual or entity who could be construed as acting for or on behalf of J.W. Turner Ltd e.g. its employees, agents and contractors, wherever they are located.

As an example, the following activities could constitute the criminal facilitation of tax evasion:

a) An employee agrees to make payments into a bank account in a different name or location to that of the recipient in the knowledge that the intention of the recipient is not to declare receipt of the funds.

b) An employee agrees to accept an invoice that includes an inaccurate description of the goods or services to be provided in the knowledge that the mis-description is a mechanism through which the supplier intends to evade tax.

c) An employee agrees to pay a customer refund to an alternative account in the knowledge that the customer intends to evade the associated tax liabilities.

The introduction of, and monitoring of, compliance with this policy is an important aspect of the reasonable procedures that are required. Its purpose is to:

set out J.W. Turner Ltd responsibilities, and of those working for or on behalf of the J.W. Turner Ltd, in observing and upholding its position in relation to not facilitating tax evasion; and
provide information and guidance to those working for or on behalf of J.W. Turner Ltd on how to recognize and deal with potential tax evasion issues.

This Policy sets out the minimum standards and requirements which the Group expects to be adhered to and J.W. Turner Ltd reserves the right to amend it at any time. Where the local laws or customs in any country in which J.W. Turner Ltd is carrying out business provide that a higher standard of conduct is required then that higher standard must be followed and anyone acting for or on behalf of J.W. Turner Ltd must do so at all times in accordance with all applicable written local laws.

2.2 What is tax evasion?

Tax evasion is a criminal offence under the law of any part of the UK consisting of being knowingly concerned in, or in taking steps with a view to, the fraudulent understatement of a tax liability by any entity (e.g. individuals, corporations and trusts).

2.3 What taxes are included?

The legislation encompasses all forms of tax, including (but not limited to) Payroll taxes, NI, stamp taxes, corporation tax, customs duty and VAT, whether in the UK or elsewhere.

3.0 Compliance guidelines

3.1 Your responsibilities

The prevention, detection and reporting of the facilitation of tax evasion are the responsibility of all those working for or on behalf of J.W. Turner Ltd or under its control. Such persons are required to avoid any activity that might lead to, or suggest, a breach of this policy.

If you are aware (or have reason to suspect) that anyone performing services for or on behalf of J.W. Turner Ltd has engaged, or is planning to engage in the facilitation of tax evasion, those concerns must be reported to the Compliance Officer as soon as possible. Any concern that you report will be treated in confidence and will be investigated.

Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. J.W. Turner Ltd reserves its right to terminate its contractual relationship with other parties if they breach this policy.

Failing to report concerns about anyone acting for or on the behalf of J.W. Turner Ltd, “turning a blind eye” to unacceptable conduct or deliberately ignoring signs which suggest that a third party is or may be engaging in tax evasion are all considered to be breaches of this policy.

3.2 Training and communication

This policy will be provided to all new employees as part of their induction and will be made available to all existing employees through J.W. Turner Ltd website.

Certain employees will receive additional training on how to implement and adhere to this policy.

The Group’s zero-tolerance approach to the facilitation of tax evasion should be communicated to all suppliers, contractors and other business partners at the outset of J.W. Turner Ltd business relationship with them and as appropriate thereafter. All such parties will be directed to the policy on J.W. Turner Ltd website.

Prior to entering into a contract J.W. Turner Ltd may conduct research into the relevant third party to ensure that they are not engaging in the facilitation of tax evasion or putting J.W. Turner Ltd at risk of engaging in such facilitation.

J.W. Turner Ltd will ensure that its standard contracts or terms and conditions used with third parties contain terms that require those third parties to comply with all applicable laws relation to the facilitation of tax evasion.

3.3 Monitoring and Review

J.W. Turner Ltd will monitor the effectiveness and review the implementation of this policy regularly, considering its suitability, adequacy and effectiveness. Any improvements identified will be made as soon as possible. Internal control systems and procedures will be subject to regular audits to provide assurance that they are effective in countering the facilitation of tax evasion.

All directors, employees, agents, suppliers and partners of J.W. Turner Ltd are responsible for the success of this policy and should ensure that they use it to disclose any suspected danger or wrongdoing.

You are invited to comment on this policy and suggest ways that it might be improved. Comments, suggestions and queries should be addressed to the Compliance Officer.

Download our Corporate Criminal Offence Policy Here