Customer contract terms
Terms and Conditions of Sale
The terms governing quotations, design, bespoke manufacture, payment, delivery, supply-only installation and optional UK installation.
Version date: 18 August 2026
These terms apply to contracts entered into by March Oaks Construction Ltd, trading as Bespoke Tower Clocks (referred to as we, us or our) for the design, manufacture, sale, delivery and, where agreed, installation of timber clock towers, roof turrets, clock cupolas, clock equipment and related products or services.
Our registered details are:
- Registered company name: March Oaks Construction Ltd
- Trading name: Bespoke Tower Clocks
- Company number: See the registered company details in the website footer
- Registered office: See the registered office in the website footer
- Registered in: England and Wales
- VAT number: Not applicable unless shown on the quotation or invoice
- Email: enquiries@bespoketowerclocks.co.uk
- Telephone: 07833 045540
Important summary
Please read these terms before accepting a quotation or paying a deposit.
- Most of our clock towers and roof turrets are individually manufactured to an approved specification. Where Goods are genuinely made to your specifications or clearly personalised, the statutory change-of-mind cancellation right that normally applies to many distance and off-premises contracts does not apply.
- A deposit is a part-payment, not an automatic penalty. If you cancel outside any statutory cancellation right, we may recover the reasonable loss caused by the cancellation, including work completed, committed materials and directly resulting net loss, after taking reasonable steps to reduce that loss.
- Unless our written quotation says otherwise, the customer is responsible for planning and listed-building approvals, Building Regulations advice, the suitability of the receiving building, structural support, the roof opening, flashings, waterproof integration, lifting arrangements and site electrical work.
- Clock mechanisms, controls, lighting and other bought-in components may carry separate product warranties. This does not remove any statutory rights a Consumer has against us as the seller.
- The 25-Year Timber Guarantee applies only to qualifying timber rot and structural manufacturing defects and is subject to its own written terms.
- Nothing in these terms excludes or restricts rights or remedies that cannot lawfully be excluded.
1. Definitions
In these terms:
Business Customer means a person entering the Contract wholly or mainly for purposes relating to their trade, business, craft or profession.
Consumer means an individual entering the Contract wholly or mainly for purposes outside their trade, business, craft or profession.
Contract means the legally binding agreement between you and us comprising the Order Confirmation, accepted Quotation, approved Specification and drawings, agreed Variations, these terms and any other document expressly incorporated into the order.
Customer, you or your means the person named in the Order Confirmation.
Goods means the clock tower, roof turret, cupola, clock equipment, roof finish, weathervane, finial, components, drawings supplied as part of the finished product and any other goods described in the Contract.
Order Confirmation means our written confirmation that we have accepted your order.
Quotation means our written project quotation, proposal or estimate.
Services means any design, site survey, delivery, installation, commissioning, maintenance or other services described in the Contract.
Site means the delivery or installation location stated in the Contract.
Specification means the final written description, dimensions, drawings, finishes, options, performance requirements and other details approved for the project.
Variation means a written change to the Contract agreed by both parties.
Working Day means Monday to Friday, excluding bank holidays in England.
2. How these terms apply
2.1 These terms apply to every Contract unless a written term in the Order Confirmation expressly states that it replaces a particular clause.
2.2 The documents forming the Contract take priority in the following order if there is a conflict:
- an agreed Variation;
- the Order Confirmation;
- the accepted Quotation and any project-specific schedule;
- the approved Specification and drawings;
- these Customer Terms of Sale and Supply;
- the Delivery and Installation Terms, 25-Year Timber Guarantee and Care and Maintenance Requirements, where applicable.
2.3 Website descriptions, photographs, visualisations, sample images and starting prices provide general information only. The binding product and price are those stated in the Contract.
2.4 A Business Customer’s purchase order or other standard terms do not apply unless we expressly accept them in writing.
2.5 Information that the law requires us to provide to a Consumer before the Contract is formed is treated as part of the Contract. It may only be changed with the Consumer’s express agreement.
3. Quotations and formation of the Contract
3.1 A Quotation is not an offer capable of acceptance unless it expressly says otherwise. It is normally valid for the period stated in it, or for 30 days if no period is stated.
3.2 A Contract is formed only when:
- you have accepted the Quotation in the manner requested;
- you have provided any information and approvals we reasonably require;
- we have received any deposit or first-stage payment due; and
- we issue an Order Confirmation.
3.3 We may decline an order before issuing the Order Confirmation, including where the project appears structurally unsuitable, unsafe, unlawful, outside our practical capability or dependent on unavailable components.
3.4 The Quotation will state whether prices include or exclude VAT. Consumer-facing totals will include VAT where VAT is chargeable. Any export taxes, import duties, customs charges and local taxes are dealt with under clause 15.
3.5 Unless expressly agreed otherwise, prices are in pounds sterling.
3.6 An obvious pricing, typing or calculation error does not bind us. If an error is identified before manufacture, we will explain it and offer the choice of accepting the corrected price or ending the Contract with a refund of sums paid for work not performed or Goods not committed.
4. Customer status, authority and property consent
4.1 You must tell us whether you are acting as a Consumer or Business Customer if this is not clear from the order.
4.2 If you order for a company, partnership, trust, school, local authority, estate or other organisation, you confirm that you have authority to bind it.
4.3 You confirm that you own the Site or have the owner’s permission to commission, deliver and install the Goods.
4.4 You are responsible for obtaining any landlord, lender, freeholder, estate-management or other third-party consent unless our written scope expressly includes that work.
5. The Specification
5.1 The Goods will be manufactured to the final approved Specification. The Specification may include the turret body size, roof profile, roof material, panel style, colour, clock-face arrangement, clock equipment, illumination, weathervane, finial, fixing interface and installation information.
5.2 You must check every approval drawing and written specification carefully. Your written approval confirms that the visible design, spelling, orientation, dimensions, colour reference, clock-face position and stated options are correct.
5.3 We are not responsible for an error in information, dimensions, drawings or instructions supplied by you or by a professional appointed by you, except where the error should have been obvious to a reasonably competent specialist and we failed to raise it.
5.4 Reasonable manufacturing tolerances may apply. Any project-critical tolerance must be identified and agreed in the Specification before manufacture.
5.5 Handmade timber, lead and copper work will not be perfectly identical to a digital visualisation or another tower. Natural grain, colour, patination, minor tooling marks and small hand-finished variations are part of the character of the materials and are not defects unless they cause the Goods to fail to conform to the Contract.
5.6 Images labelled as architectural visualisations are illustrative and are not photographs of completed customer projects.
6. Customer information and cooperation
6.1 You must provide accurate and complete information reasonably required for the project, including relevant photographs, drawings, measurements, access details, roof construction, environmental exposure and intended use.
6.2 You must tell us before manufacture if the Site is in a coastal, marine, highly polluted, unusually exposed or otherwise aggressive environment. Additional materials, coatings or maintenance may be needed.
6.3 You must respond to approval requests and technical questions within a reasonable time. Delay in providing information or approvals may move the production or installation programme.
6.4 If information supplied after the Quotation changes the scope, we may issue a Variation for additional cost and time.
7. Design services and intellectual property
7.1 The design allowance, number of concepts or revisions and the deliverables included are those stated in the Quotation.
7.2 Additional concepts, extensive revisions, redesign following a change of brief, structural calculations, planning drawings, photorealistic visualisations or professional reports are chargeable unless included in writing.
7.3 Copyright and other intellectual-property rights in our designs, drawings, calculations, details, templates, photographs, text and manufacturing methods remain ours or our licensors’ property.
7.4 Once all sums due under the Contract have been paid, you receive a non-exclusive licence to use project drawings supplied by us solely for the installation, operation, maintenance and repair of the Goods at the agreed Site. You may provide them to your appointed professional team for that purpose.
7.5 You must not use our designs to manufacture, commission or procure a copy of the Goods from another supplier, or allow a third party to do so, without our written permission.
7.6 You confirm that you have permission to use any crest, logo, wording, image or design supplied by you. A Business Customer will compensate us for reasonable losses arising from a third-party intellectual-property claim caused by materials supplied by that Business Customer.
7.7 We will not publish the project address, customer identity or identifiable private-site photographs without permission. We may use non-confidential photographs of our workmanship for portfolio purposes where consent has been obtained or the project has been suitably anonymised.
8. Consumer cancellation rights
8.1 This clause applies only if you are a Consumer and the Contract is made at a distance or away from our business premises.
8.2 Bespoke Goods. A statutory change-of-mind cancellation right does not apply to Goods that are made to the Consumer’s specifications or are clearly personalised. Our timber turrets will normally fall within this exception where they are manufactured to an approved combination of dimensions, roof profile, material, colour, panel design, clock layout or other project-specific requirements. The Order Confirmation will identify Goods treated as bespoke.
8.3 The bespoke-goods exception does not remove your rights if Goods are faulty, not as described, not fit for an agreed purpose or otherwise fail to conform to the Contract.
8.4 Non-bespoke Goods. If a separately supplied item is not made to your specification and no exception applies, you may have a 14-day statutory right to cancel. The Cancellation and Returns Policy explains how to exercise it.
8.5 Services. For a distance or off-premises service contract, you normally have 14 days from contract formation to cancel. We will not begin chargeable design, survey or other Services during that period unless you expressly ask us to start.
8.6 If you ask us to start Services during the cancellation period and then cancel, you must pay a proportionate amount for Services properly performed up to cancellation. If the Service is fully performed during the cancellation period after your express request and acknowledgement, the right to cancel that Service ends when performance is complete.
8.7 We will provide the legally required cancellation information and model cancellation form where a statutory cancellation right applies.
9. Cancellation outside a statutory right
9.1 A request to cancel must be made in writing.
9.2 Because the Goods are usually made for one Site and specification, cancellation can cause substantial loss. We will take reasonable steps to stop work and reduce avoidable loss.
9.3 Where you cancel without a statutory right to do so, or terminate in breach of the Contract, we may retain or recover a reasonable amount representing loss directly caused by the cancellation, which may include:
- design and administrative work completed;
- labour already performed;
- timber, lead, copper, fibreglass, coatings, clocks and other materials bought, cut, altered or committed to the order;
- supplier cancellation, restocking and return charges;
- transport, storage and handling costs already incurred;
- reasonable costs of making partially completed Goods saleable where possible; and
- net loss of profit directly resulting from the cancellation, after allowing for costs saved and any reasonable resale value.
9.4 For a Consumer, we will provide a reasonable explanation of the calculation on request and refund any balance due. A substantial prepayment will not be treated as automatically non-refundable regardless of our actual loss.
9.5 For a Business Customer, the same principles apply, but we may invoice all reasonable losses and costs arising from the cancellation, subject to our duty to mitigate loss.
9.6 If we end the Contract for reasons not caused by your breach and are unable to supply the Goods or Services, we will refund sums paid for Goods or Services not supplied, without limiting any other rights you may have.
10. Price, deposit and payment
10.1 The payment schedule is stated in the Quotation. A deposit reserves production capacity and funds project-specific design, materials and supplier commitments.
10.2 Payments must be made in cleared funds by the due date. Unless the Quotation states otherwise, final payment is due before dispatch or installation.
10.3 We may suspend design, manufacture, delivery, installation, warranty work that is not an urgent statutory remedy, or release of documents while an undisputed payment is overdue.
10.4 If a payment is overdue, lead times may be revised and reasonable storage, redelivery or remobilisation costs may be charged after notice.
10.5 For a Business Customer, we may claim statutory interest, fixed compensation and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable.
10.6 A Consumer is not required to pay an unfair or disproportionate late-payment charge. We may recover reasonable loss caused by late payment and any interest or costs awarded by a court.
10.7 A Business Customer must pay amounts due without set-off, deduction or counterclaim except where required by law. This does not restrict a Consumer’s legal rights.
10.8 Ownership of the Goods passes to you only when we have received all sums due under the Contract. Risk passes as stated in clause 14.
11. Changes to the order
11.1 A requested change is not agreed until we confirm it in writing.
11.2 A Variation may change the price, payment schedule, Specification and completion date. We may require payment for a Variation before starting it.
11.3 Once materials have been ordered or manufacture has begun, some changes may be impractical or may require components to be remade.
11.4 We may make a minor technical change that does not materially reduce appearance, quality, performance or durability, for example to accommodate a discontinued hidden fixing. We will seek your agreement before making a material visible or functional change.
11.5 If a change is required for safety or legal compliance and materially alters the agreed product, we will explain the options. If no reasonable solution is agreed, either party may end the affected part of the Contract and sums will be dealt with fairly according to work completed and applicable law.
12. Manufacture and lead times
12.1 Manufacture is scheduled after the Order Confirmation, deposit, required information and design approval have been received.
12.2 Production, delivery and installation dates are estimates unless the Contract expressly states that a date is fixed and essential.
12.3 For a Consumer contract, the custom lead time stated in the Order Confirmation is the agreed delivery period and replaces any default delivery period that would otherwise apply.
12.4 We will keep you reasonably informed of a significant delay. Supplier delays, severe weather, transport disruption, illness, material shortages, approval delays and events outside our reasonable control may extend the programme under clause 28.
12.5 We are not responsible for delay caused by missing information, late approvals, late payment, an unready Site or third parties under your control.
13. Delivery arrangements
13.1 The delivery method, price, destination and offloading responsibility are stated in the Quotation.
13.2 Unless expressly included, delivery is to a safe accessible kerbside or agreed unloading point. Craneage, telehandler, scaffolding, road closures, traffic management, permits and movement from the unloading point to the final roof position are excluded.
13.3 You must ensure that the delivery vehicle can access the agreed point and that any customer-provided lifting equipment and operators are suitable, insured and ready.
13.4 We may deliver in instalments where reasonable and this does not entitle you to reject conforming Goods already delivered.
13.5 If delivery cannot be completed because the Site is inaccessible, unsafe, unready or no authorised person is present, we may charge reasonable storage, handling, return and redelivery costs.
13.6 You should inspect packaging and visible condition on delivery and notify us promptly of apparent transit damage, with photographs where possible. Signing a delivery note without comment does not remove a Consumer’s statutory rights.
14. Risk and title
14.1 For a Consumer, the Goods remain at our risk until they come into the physical possession of the Consumer or a person identified by the Consumer to take possession, except where the Consumer independently appoints a carrier that we did not offer, in which case the legal rule for that carrier applies.
14.2 For a Business Customer, risk passes when delivery is completed at the agreed delivery point or, if the Business Customer collects or arranges carriage, when the Goods are handed to that customer or carrier.
14.3 Title remains with us until all sums due under the Contract have been paid. You must not sell, charge or dispose of unpaid Goods. This clause is subject to any rule of law applying once Goods become fixed to a building.
14.4 After risk passes, you are responsible for secure, dry and appropriate storage and for protecting the Goods from impact, theft, weather and unauthorised alteration.
15. International delivery
15.1 International orders are quoted individually. The Quotation will identify the delivery point and, where appropriate, the applicable Incoterms 2020 rule.
15.2 Unless we expressly agree to act as importer of record, the customer is responsible for import licences, customs clearance, local taxes, duties, inspection fees, storage at port, local delivery, offloading and compliance at the destination.
15.3 Export packing, timber-packaging compliance, freight insurance and delivery time are included only where stated.
15.4 The customer is responsible for appointing competent local professionals to confirm local planning, structural, electrical, building-code, product and installation requirements.
15.5 Mandatory consumer laws in the country where an overseas Consumer lives may still apply and are not excluded by these terms.
16. Supply-only installation by your contractor
16.1 Most Goods are supplied for installation by a competent roofer, builder, joiner or other suitable contractor appointed by you.
16.2 We will provide the product information stated in the Contract, which may include dimensions, weight, base arrangement, fixing information, access requirements, clock-system information and lifting guidance.
16.3 Unless expressly included in our scope, you and your appointed professionals are responsible for:
- planning permission, listed-building consent and other approvals;
- Building Regulations and building-control requirements;
- confirming the existing building and support structure are suitable;
- structural calculations and design of the receiving curb, frame or opening;
- the roof opening, flashings, damp-proofing and waterproof integration;
- safe scaffolding, lifting, exclusion zones and access;
- electrical supply, isolation, connection, earthing and certification;
- final sealing, making good and testing of work completed by others; and
- complying with the installation information supplied.
16.4 The Goods must not be cut, drilled, dismantled or altered outside the approved installation details without our written agreement.
16.5 We are not responsible for a defect in the receiving building, support, waterproofing, electrical work or installation completed by others, except to the extent that loss is caused by our defective Goods, defective instructions or breach of duty.
17. Installation by us
17.1 Where installation is included, our scope is limited to the work expressly described in the Quotation.
17.2 You must provide safe and unobstructed access, parking, welfare where legally required, a ready and structurally suitable Site, working space, electricity and any customer-provided plant or scaffolding by the agreed date.
17.3 You must tell us before attendance about asbestos, fragile roofs, overhead or underground services, restricted access, hazardous materials, livestock, public access, site rules and any other relevant risk.
17.4 We may stop or postpone work where conditions are unsafe, unlawful or materially different from the information provided. Reasonable abortive attendance, storage and remobilisation costs caused by an unready or unsafe Site may be charged.
17.5 Hidden conditions, defective existing work, unexpected roof construction, additional waterproofing, structural work or other extra work will be treated as a Variation.
17.6 We will perform Consumer Services with reasonable care and skill and within the agreed time or, if no time is agreed, within a reasonable time.
17.7 All parties must comply with applicable health and safety law, including any duties that apply under the Construction (Design and Management) Regulations 2015. Nothing in the Contract transfers a statutory duty away from the person on whom the law places it.
17.8 On practical completion, we may provide commissioning information and identify minor snagging. Minor snagging that does not prevent safe use is not a reason to withhold an unreasonable proportion of payment.
18. Planning, structural and professional advice
18.1 We are specialist turret designers and manufacturers, but we do not act as the project’s planning consultant, building-control officer, structural engineer, architect, principal designer or principal contractor unless expressly appointed in writing for that role.
18.2 Any comment we make about likely planning or structural requirements is general unless supplied as a separately commissioned professional service.
18.3 We do not guarantee that permission, consent, funding or approval will be granted.
18.4 Product weight and fixing information supplied by us must be used by the customer’s competent building professional to design or verify the receiving structure.
19. Clock equipment, controls and electrical items
19.1 Clock mechanisms, dials, hands, controllers, illumination and related components may be sourced from specialist third-party manufacturers and integrated into the turret.
19.2 The Contract will identify the selected package and any manufacturer warranty. A third-party warranty is additional to, and does not replace, a Consumer’s statutory rights against us as the seller.
19.3 Clock accuracy, automatic time correction, radio or GPS reception, illumination and remote functions depend on the selected equipment, power supply, installation, signal availability and environment.
19.4 Electrical connection and certification must be completed by a competent person unless expressly included in our scope.
19.5 Service access must remain available after installation. We are not responsible for additional access costs caused by the customer’s building design or later alterations unless those access arrangements were designed by us as part of the Contract and were defective.
20. Timber, coatings and roof finishes
20.1 We use the materials stated in the Specification, which may include Accoya, ThermoWood, a professional two-pack epoxy coating system, genuine rolled lead, copper or fibreglass.
20.2 Modified timber is chosen for durability and dimensional stability, but all external construction is subject to weather, movement and ageing. Low maintenance does not mean that inspection can be ignored.
20.3 Timber grain, shade and texture vary. Small checks, grain movement or surface features that do not affect structural integrity or agreed appearance may occur naturally.
20.4 Lead and copper naturally oxidise and change colour. Copper may develop brown and green patina. Lead can weather unevenly and may cause temporary run-off marks. These natural processes are not defects.
20.5 Colours displayed on screens, printed documents and small samples can vary with lighting, batch, texture and gloss level. The approved colour reference, not a screen image, controls the Specification.
20.6 Damage to coating caused during lifting, installation, impact or later building work must be repaired promptly using a compatible system.
21. Inspection, defects and notification
21.1 You should notify us promptly of any concern and give us a reasonable opportunity to inspect and investigate before arranging third-party repair, except where urgent work is reasonably necessary to prevent injury or serious property damage.
21.2 A Business Customer must notify visible shortage or damage within five Working Days and any latent defect promptly after discovery. This clause does not exclude liability for a defect that could not reasonably have been identified within that period.
21.3 A Consumer’s statutory rights are not lost because a defect was not reported within a short contractual inspection period.
21.4 You must take reasonable steps to prevent avoidable damage after a problem is discovered.
22. Consumer rights and remedies
22.1 If you are a Consumer, Goods must be of satisfactory quality, fit for any particular purpose made known and relied upon, and as described. Where installation forms part of our Contract, it must be carried out correctly. Services must be performed with reasonable care and skill.
22.2 If we breach those legal requirements, you may have rights to reject, repair, replacement, repeat performance, price reduction, refund or damages depending on the circumstances.
22.3 We will not require a Consumer to rely only on a manufacturer’s warranty or the 25-Year Timber Guarantee where the Consumer has a statutory claim against us.
22.4 Nothing in these terms restricts any Consumer right that cannot lawfully be restricted.
23. Business Customer warranties
23.1 For a Business Customer, we warrant that on delivery the Goods will materially conform to the approved Specification and be free from material defects in our manufacturing workmanship.
23.2 The applicable workmanship, coating, roof-material and component warranty periods are those stated in the Quotation. The 25-Year Timber Guarantee applies only where expressly included.
23.3 We may repair, replace or reperform defective Goods or Services at our reasonable option. This does not affect liabilities that cannot lawfully be limited.
23.4 A warranty does not cover fair wear and tear, natural material change, misuse, unsuitable storage, incorrect installation, unauthorised alteration, inadequate maintenance, external building defects or damage caused by an event outside our control, except to the extent the problem was caused by our breach.
24. The 25-Year Timber Guarantee
24.1 Qualifying Goods are supplied with the separate 25-Year Timber Rot and Structural Guarantee where the Order Confirmation says it applies.
24.2 The guarantee covers only the qualifying timber components and defects defined in that document. Clock equipment, electrical items, coatings, sealants, lead, copper, fibreglass, supporting structures and installation work by others have separate terms.
24.3 The guarantee is a free commercial guarantee in addition to statutory rights. Its exclusions apply only to the extent lawful and only where the excluded circumstance caused or materially contributed to the claimed problem.
25. Care and maintenance
25.1 You must follow the project-specific handover information and the published Care and Maintenance Requirements.
25.2 A visual inspection should be carried out at least annually and after severe weather, impact or nearby building work. High-level inspection must be completed using safe access by competent persons.
25.3 Failure to inspect or maintain does not automatically cancel every right. However, we are not responsible under a commercial guarantee for damage that would probably have been avoided or materially reduced by reasonable inspection, notification and repair.
25.4 Keep dated photographs and records of inspection, servicing and repair for the life of the product.
26. Our liability to Consumers
26.1 We are responsible for loss or damage suffered by a Consumer that is a foreseeable result of our breach of the Contract or our failure to use reasonable care and skill.
26.2 We are not responsible for a loss that was not foreseeable, was caused by inaccurate information or work by others, or could reasonably have been avoided by the Consumer, except where the law says otherwise.
26.3 If you use the Goods for commercial purposes while contracting as a Consumer, we are not responsible for business losses such as loss of profit, revenue, contracts or business opportunity.
26.4 Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, defective products where liability cannot be excluded, breach of title, or any other liability that cannot lawfully be excluded.
27. Our liability to Business Customers
27.1 Nothing in the Contract limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of title, deliberate default, or any liability that cannot lawfully be limited.
27.2 Subject to clause 27.1, we are not liable to a Business Customer for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, business, opportunity, goodwill or reputation.
27.3 Subject to clause 27.1, our total aggregate liability arising from a Contract with a Business Customer, whether in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise, is limited to the total price paid or payable under that Contract.
27.4 The cap in clause 27.3 does not increase because more than one claim or legal basis is relied upon.
27.5 We are not liable for planning refusal, inadequate existing structure, defective roofing or waterproofing by others, inaccurate customer information, unauthorised modification, or work by the customer’s contractors, except to the extent caused by our breach.
27.6 A Business Customer is responsible for maintaining suitable insurance for the building, project, delay, lifting operation and risks outside our written scope.
28. Events outside reasonable control
28.1 Neither party is liable for delay or failure caused by an event outside its reasonable control, including severe weather, fire, flood, epidemic, war, civil disorder, industrial dispute, transport disruption, material shortage, supplier failure, utility failure, government action or import/export restriction.
28.2 The affected party must notify the other and take reasonable steps to reduce the effect.
28.3 Time for performance is extended by the period reasonably caused by the event.
28.4 If the event prevents substantial performance for more than 90 days, either party may give written notice to end the unperformed part of the Contract. Payments and committed bespoke materials will then be dealt with according to applicable law, the value already supplied and reasonable loss that cannot be avoided. A Consumer will receive any refund required by law.
29. Suspension and termination
29.1 We may suspend performance after notice if you fail to pay an undisputed amount, fail to provide essential information or approval, prevent safe performance, or materially breach the Contract.
29.2 We may terminate after giving a reasonable opportunity to remedy the breach where appropriate, or immediately for insolvency, fraud, violence, serious safety risk or unlawful instructions.
29.3 You may terminate if we commit a material breach and fail to remedy it within a reasonable period after written notice, where the breach is capable of remedy.
29.4 On termination, you must pay for conforming Goods and Services already supplied and reasonable amounts due under clause 9. We will refund any balance due.
29.5 Terms intended to continue after termination, including intellectual property, confidentiality, payment, liability, data protection and dispute clauses, remain in force.
30. Confidentiality and publicity
30.1 Each party must keep genuinely confidential technical, commercial and personal information received from the other, except where disclosure is required to perform the Contract, obtain professional advice, comply with law or enforce rights.
30.2 We may use trusted employees, subcontractors, professional advisers and suppliers who need relevant information for the project.
30.3 No project address or customer identity will be used in publicity without consent.
31. Data protection
31.1 We process personal information in accordance with our Privacy Policy.
31.2 You must ensure that you are entitled to provide personal information about architects, contractors, employees, occupiers or other individuals involved in the project.
31.3 Project drawings and photographs may contain private property information. Both parties should share only what is reasonably required and use secure methods where appropriate.
32. Complaints and disputes
32.1 Please raise a concern promptly using enquiries@bespoketowerclocks.co.uk and provide the order number, photographs and a clear description.
32.2 We will follow our Complaints and Alternative Dispute Resolution Policy and try to resolve the matter directly.
32.3 Where a Consumer complaint remains unresolved after our final response, we will provide information required by law about any accredited alternative dispute resolution provider competent to deal with the dispute and state whether we are obliged or willing to use that procedure.
32.4 Nothing prevents either party seeking urgent court relief or exercising statutory rights.
33. Assignment and subcontracting
33.1 We may use suitably competent subcontractors and specialist suppliers, but remain responsible for our contractual obligations.
33.2 We will not transfer a Consumer Contract in a way that reduces the Consumer’s guarantees without the Consumer’s agreement.
33.3 You may not transfer the Contract without our written agreement, which will not be unreasonably withheld where the transfer does not increase risk or reduce payment security.
34. General terms
34.1 If any clause is held invalid or unenforceable, the remaining clauses continue in force. The invalid part will be treated as modified only as far as necessary to make it lawful.
34.2 A delay in enforcing a right is not a waiver of that right.
34.3 No person other than the parties has a right to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999, except a named guarantee beneficiary where the guarantee expressly permits it.
34.4 Notices relating to cancellation, termination, claims or legal disputes must be sent by email to the address stated above and, where reasonably requested, by recorded post to the registered office. Routine project communications may be sent by email.
34.5 These terms may be updated for future orders. The version supplied with and incorporated into your Order Confirmation applies to your Contract.
35. Governing law and courts
35.1 The Contract is governed by the law of England and Wales.
35.2 A Business Customer agrees that the courts of England and Wales have exclusive jurisdiction.
35.3 A Consumer may bring proceedings in the courts available under mandatory consumer law, including the courts of the part of the United Kingdom where the Consumer lives where applicable.
35.4 Mandatory rights of an overseas Consumer are not excluded where the law of that Consumer’s country requires them to apply.