Terms of Service

These Terms of service, together with your signed quotation or contract, set out the basis on which Birch and Sons General Building Ltd (“we”, “us”, “our”) carries out building and construction work for our customers (“you”, “your”). Please read them carefully before booking work with us. If anything in your signed quotation or contract conflicts with these Terms, the signed quotation or contract takes priority. These Terms do not affect your statutory rights.

Last updated: August 2026.

1. About Us

Birch and Sons General Building Ltd, registered in England and Wales, company number 13543047. Registered office: Corner House, West Felton, Oswestry, Shropshire, SY11 4HB. You can contact us at info@birchandsons.com or 07484 775 590.

2. Who These Terms Apply To

We work with both private individuals having work carried out on their own homes (“Consumers”, broadly meaning someone acting wholly or mainly outside their trade, business, craft or profession) and customers contracting with us as a business (“Business Customers”). Most of these Terms apply equally to both. Where a clause applies differently depending on which you are — currently the cancellation right at clause 4.2 and the late payment terms at clause 4.7 — this is stated in that clause.

3. Quotations and Formation of the Contract

• Quotations are valid for 30 days from the date issued, unless otherwise stated.
• A binding contract is formed once you accept our quotation in writing (including by email) or sign our contract, and we confirm your booking and agreed commencement date.
• Prices are based on the specification and information available to us at the time of quotation. Changes to scope may affect the price — see “Variations to the Works” below.

4. Deposits, Payment and Cancellation

4.1 Deposit and Booking

A deposit is payable to secure your place in our work calendar and confirm your agreed start (“commencement”) date. The deposit amount is set out in your quotation. Provided the works proceed, your deposit is not an additional charge — it will be credited against your final payment(s) as set out in clause 4.6.

4.2 Your Right to Cancel — 14-Day Cooling-Off Period (Consumers Only)

If you are a Consumer and your contract with us is agreed away from our business premises — for example, at your home, or by phone or email — you have a statutory right to cancel within 14 days of the date the contract is agreed, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you cancel within this period, we will refund your deposit in full within 14 days of your cancellation. The only exception is where you have expressly asked us in writing to begin work before the 14 days are up, in which case we may charge for work properly carried out up to the date of cancellation, calculated proportionally to the total price. This 14-day right sits alongside, and is not restricted by, the cancellation terms set out at 4.3 and 4.4 below, and does not apply to bespoke or special-order materials ordered at your request (see 4.5). This clause does not apply to Business Customers.

4.3 Cancellation 57 Days or More Before the Agreed Start Date

If you cancel the works 57 days or more before the agreed commencement date (more than 8 weeks’ notice), your deposit will be refunded in full, less any costs we have already and unavoidably incurred for bespoke or special-order materials that cannot be cancelled with our suppliers (see 4.5). The number of days is calculated as complete calendar days between the date we receive your written notice of cancellation and the agreed commencement date.

4.4 Cancellation 56 Days or Fewer Before the Agreed Start Date

If you cancel the works 56 days or fewer before the agreed commencement date (8 weeks’ notice or less), your deposit is non-refundable. This reflects the genuine loss we are likely to suffer from holding your slot in our work calendar at short notice, including the reduced likelihood of being able to fill that slot with other work at such short notice. We will use reasonable efforts to fill any vacated slot.

4.5 Bespoke and Special-Order Materials

Where we have ordered bespoke, made-to-measure, or special-order materials or goods specifically for your project which our supplier will not accept for cancellation or return, and the contract is cancelled at any time, the full cost of those items — including delivery, and our overhead and profit on them — will be deducted from your deposit or invoiced to you separately. In these circumstances, the goods themselves will be delivered to you.

4.6 Stage Payments and Final Payment

Except where otherwise agreed in writing, payment for the works is due as follows: a deposit on booking; stage payments on completion of agreed milestones, as set out in your quotation; and the balance on practical completion. Your deposit is refunded against the final payment(s) — that is, it is deducted from the balance due, so you do not pay for it twice. Where the works include items with a long lead time, or bespoke or special-order materials, we may also invoice a stage payment representing a percentage of the total price for those items when they are ordered or committed, in addition to the milestone payments above; where possible, this will be identified and agreed in advance in your quotation. Invoices are payable within 7 days of the invoice date unless otherwise agreed in writing.

4.7 Late Payment

Business Customers: if you are contracting with us as a Business Customer and payment is not received by the due date, we reserve the right to charge statutory interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with our reasonable costs of recovering the debt.

Consumers: if you are contracting with us as a Consumer and payment is not received by the due date, we reserve the right to charge interest on the overdue amount at 3% per annum above the Bank of England base rate, accruing daily from the due date until payment is made. The Late Payment of Commercial Debts (Interest) Act 1998 applies to business debts only and is not used as the basis for this charge.

In either case, we may pause work until payment is received, having first given you reasonable written notice.

5. Variations to the Works

Any changes to the agreed scope of work, specification, or materials must be agreed in writing before they are carried out, and may affect the price and/or programme. We will provide you with a written estimate of any price or time impact before proceeding with a variation.

6. Site Access and Your Responsibilities

You agree to provide safe and reasonable access to the property, together with access to water, electricity and welfare facilities where required, and to keep the site clear of obstructions so that work can proceed as programmed. Delays caused by restricted access or a failure to provide these facilities may affect the programme and could result in additional charges.

7. Delays

We will use reasonable efforts to complete the works within the agreed programme. Timescales may, however, be affected by matters outside our reasonable control, including adverse weather, delays caused by third parties (including statutory undertakers), unforeseen ground or structural conditions, and delays in obtaining necessary permissions or approvals. We will keep you informed of any such delays and their likely impact on the programme.

8. Materials and Workmanship

All materials supplied will be of satisfactory quality and fit for purpose, and all work will be carried out with reasonable care and skill and in accordance with applicable Building Regulations. Where products come with a manufacturer’s warranty, this will be passed on to you.

9. Guarantee and Defects (Retention Period)

We guarantee our workmanship for a retention period of 12 months from the date of practical completion, unless a different period is stated in your quotation or otherwise agreed between us in writing, covering defects arising from faulty workmanship, subject to fair wear and tear, misuse, and matters outside our control. Please report any defects to us in writing as soon as reasonably possible, and in any event before the end of the retention period. We will inspect and, where the defect is our responsibility, remedy it within a reasonable time at no cost to you.

10. Insurance

We hold public liability insurance covering. We are happy to provide evidence of our cover on request.

11. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability which cannot be excluded or limited by law. Subject to this, our liability for losses arising from the contract is limited to the contract price, and we are not liable for indirect or consequential losses. Nothing in these Terms affects your statutory rights as a consumer.

12. Complaints

If you are unhappy with any aspect of our work, please contact us in the first instance at info@birchandsons.com or 07484 775 590 so that we can put things right. We are not currently a member of a trade association or alternative dispute resolution (ADR) scheme. If you are a Consumer and we are unable to resolve your complaint directly, you may seek free advice from Citizens Advice on 0808 223 1133 or via www.citizensadvice.org.uk, or contact your local Trading Standards service.

13. Governing Law

These Terms, and any contract formed under them, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction over any dispute arising from them, without prejudice to your right as a consumer to bring proceedings in the courts of the part of the UK in which you live.

14. Contact Us

Birch and Sons General Building Ltd
Corner House, West Felton, Oswestry, Shropshire, SY11 4HB
info@birchandsons.com  |  07484 775 590