Terms and Conditions North Street Sheds and Fencing
North Street Sheds and Fencing hereafter known as "The Company"
1. CONDITIONS APPLYING
a) Unless otherwise agreed in writing by the Company, these conditions will govern all contracts including all on-line contracts for the sale of the Company’s goods or the supply of its services. Any addition, amendment or qualification to these conditions imposed by the Customer will not apply unless expressly accepted by the Company in writing.
2. BASIS OF SALE
a) An order from the Customer shall constitute an offer, and acknowledgement of that order by the Company shall constitute acceptance of the offer. The only representations in connection with the Company's goods or services for which the Company will accept liability are those specifically referred to in the Company's price list or quotation.
b) Advertising material, leaflets, brochures or website content shall not form part of the contract unless specifically agreed in writing between the Company and the Customer to be a term of the contract. It is agreed that on entering the contract the Customer is not relying on any other representations, including those made by the Company's employees or agents, unless confirmed by the Company in writing.
c) Any advice or recommendations given by the Company or its employees or agents to the Customer as to the storage, application or use of the goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customers own risk and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
d) Any typographical, clerical or other error or omission on the Company's website or in any sales Company shall be subject to correction without any liability on the part of the Company.
e) All advertised sizes and measurements are an approximation only. The Company will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given.
f) Acceptance of the Customers order by the Company shall be deemed as evidence of the Customers’ acceptance of the Company's conditions.
a) The price quoted in the Company's quotation is open for acceptance for 30 days from the date of the quotation. If the order is not received and accepted by the Company within the 30 day period the Company may review its prices.
b) Notwithstanding the above the Company reserves the right to alter the price of the goods to reflect any change in the cost to the Company due to any factor which is beyond the control of the Company, including change in delivery dates, changes in specification to the goods requested by the Customer, failure to provide adequate delivery access or failure of the Customer to provide the Company with adequate information or instructions.
c) The prices shown in the Company's price list and website are in £GBP and are inclusive of VAT @ the current rate. Delivery is free within certain postcodes, however some postcodes have a charge, check delivery postcodes on our website or phone us direct on 01384 482860.
a) A 10% deposit will be required upon ordering.
b) Full payment must be received on or before day of delivery, unless the Company agrees in writing of up to a maximum of 30 days after delivery. On all cash transactions, payment has to be made on arrival and before installation as the fitting of the building is free. The Company shall have no liability for any defects, and any warranty will be null and void, if the total price of the goods has not been paid by the due date for payment.
c) Payment can be made Visa, MasterCard, Switch, Maestro, Visa Electron, Cash, and by prior arrangement only to the Company by Cheque.
d) The Customer warrants that the credit or debit card used by him in connection with the transaction belongs to him and that there are sufficient funds or credit facilities to meet the cost of any goods or services ordered from the Company.
e) If a cheque received from the Customer is not paid on the first presentation then a charge of £25 will be made to the Customer to compensate for bank charges and administration cost involved.
f) Interest on overdue invoices shall accrue from the date when payment becomes due @ 2% per calendar month or part thereof.
5. CANCELLATIONS AND RETURNS
a) The Company or the Customer may cancel the contract at any time, prior to commencement of manufacture of the goods by giving written notice.
b) In the event of cancellation before acceptance of an offer, all monies accompanying the Customers order will be returned. See (g)
c) In the event of cancellation after acceptance of an order but prior to commencement of manufacture of the goods, the Company will return all monies paid by the Customer less a reasonable sum not exceeding 5% of the agreed price to cover administration charges. The cost of any materials purchased or items made specifically to fulfil the order will also be deducted from the deposit paid.
d) Cancellation within fourteen (14) working days before the delivery date, the Company reserves the right to retain 15% of the total cost with a minimum of £35.00 to cover administrative and production costs.
e) Postponement of the goods within two (2) working days before the delivery date, the Company reserves the right to charge a Storage and Handling fee, to be settled before delivery can be made.
f) If the Customer is not reasonably satisfied with the goods, then the Company will refund all monies paid providing the goods are returned to the Company's premises, carriage paid ,within seven (7 ) days of delivery and are in as good condition as when dispatched by the Company . See (h).
g) All refunds that may be authorised by the Company will be paid by Cheque, if the Customer had paid by cash / cheque, or will be credited back to a credit card if the Customer had paid in that manner.
h) The Company will not accept returns or cancellations if the Goods have been erected, altered by applying chemicals or paints to the surfaces or by altering or customising the Goods as his or her own, or that have been made to the Customers personal requirements, i.e.; optional fixtures, adaptations, preferences and physical dimensions, see (j ). The Customer must keep any Goods they intend to return to the Company dry and in good condition as delivered.
i) A return or cancellation should be made in a durable means as defined by part 10 (3) of the Distance Selling Regulations being either; in writing to the Company's address, or by e-mail to [email protected]
6. DELIVERY AND ACCESS
a) The date quoted for delivery and provisions of other services is given in good faith, but time is not of the essence and the Company shall not be liable for any loss or damage of any kind whatsoever resulting from any delay in delivery or completion.
b) The Company will deliver the goods by road to the Customers premises or that of a specified address made at the time of the order by the Customer and it is the Customers responsibility to make necessary arrangements to take delivery of the goods.
c) Delivery vehicles will not be driven off road and it is the Customers responsibility to advise us in writing of any narrow lanes, narrow roads, bends, height restrictions, driveways etc. , that will impede our delivery vehicle on route to the Customers premises or address.
d) If through lack of advice from the Customer, the Company is unable to deliver the goods to the Customer or in the case of a contract to erect the building on the date that the Company has notified of intended delivery, the Company reserves the right to either:
(*) Stack the goods adjacent to the delivery site or,
(**) Return the goods to the Company's own premises.
The Company reserves the right to apply a re-stocking/ re-delivery/ re-attendance charge if (*) (**) apply.
e) Any request by the Customer to change the pre-agreed delivery date on or within seven (7) working days of that delivery date the Customer will incur a fee of up to 10% of the total order price for re-delivery.
7. ASSEMBLY & INSTALLATION
a) All buildings are pre-treated with a factory base coat for protection during storage & transit, The Company therefore recommends the Customer to treat the exterior & interior of the building as soon as possible after installation, with a good quality wood preserver treatment. Timber is porous and the Company also advises the Customer to also apply a good quality waterproof treatment to the exterior to stop water penetration. The Company advises the Customer to follow all treatment manufacturer's instructions and treat the building on a regular basis, this will help keep the building in top condition.
b) If the Customer requests the Company to install the goods, then the Customer shall be responsible to the Company for ensuring sufficient parking and clear access to and around the site. Access should be wide enough for a person to walk through without height restrictions, steps, severe turns as some sections of the goods may not be able to negotiate these. For Health and Safety reasons we cannot take panels over fences, walls, hedges, garages. The base will be clear of all rubbish.
c) To ensure installation can be completed , the Customer must;
i. Provide a concrete or paved base, being firm, square, (diagonally ) and level (by spirit level ) - no less than the size of their chosen product,
ii. Ensure 600mm (2ft ) unconstructive access is provided all around the proposed site,
iii. No trees, branches, or similar encroach upon the working space of the proposed site. And
iv. Provide clear external pedestrian access (not turn or height limited) to allow unimpeded passage of the product components and sections.
v. The customer needs to provide a height clearance of 7 feet on standard sheds for the panels to go through.
d) If on arrival we find the access to the site or the base prepared by the Customer does not comply with7(b ) or 7(c ) then the Customer shall be liable for action of their choosing as defined under 7(e) or 7(f)
e) Upon abortive installation, the goods can be left for self-assembly by the Customer, but the installation service fee or 10% of the goods price (whichever is the greater) shall be retained for the abortive labour costs.
f) Upon abortive installation, the goods can be left until the Customer provides adequate parking or access to the base, or provide an appropriate base as defined in 7 (b) or 7(c), at which point a return installation visit can be arranged upon payment of an additional payment similar to that defined under 7(e).The initial fee having been retained to account for initial abortive labour costs.
g) Upon completion of the installation of the building, the Customer will be asked to sign a Customer satisfaction form. The Customer should note on this form any problems that he has with the building or installation at this point. If problems haven't been noted at this point and a re-visit is required to resolve the problem the Customer may be charged a call out fee. This is at the Company's discretion.
8. RISK AND TITLE
a) All risk of accidental loss or damage to the goods pass to the Customer at time of delivery.
b) The goods shall remain the sole and absolute property of the Company, until the Company has received in cash or cleared funds, payment in full of the price of the goods (and all other goods agreed to be sold by the company to the Customer for which payment is due).
c) Until the goods become the property of the Customer, the Customer shall hold the goods as the Company's fiduciary agent and Bailee, and shall keep the goods separate from those of the Customer and any third party and properly stored, protected and insured, and identified as the property of the Company.
d) Until the goods become the property of the Customer, the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party, where the goods are stored and repossess the goods.
a) Other than for death or personal injury due to the negligence of the Company, liability to the Customer shall not exceed the cost of the goods.
b) The Company may at its option make good, or supply components free of charge, or replace goods manufactured by the Company which are found to be defective.
Under these circumstances the following shall apply:
i. The Customer should notify the Company in writing or e-mail within seven (7) days of discovery of the alleged defect giving full details.
ii. The Company shall have no liability in respect of any defect and/or consequential loss or damage, arising from fair wear and tear, wilful damage, negligence on the part of the Customer, abnormal conditions including storm damage, failure to follow the Company's instructions regarding maintenance, advise and/or specification, failure by the Customer to provide adequate site and base work for a building, misuse of the goods, alteration and/or addition to the goods made by the Customer or the Company at his direction.
iii. The Company shall have no liability for any defects, and any warranty will be null and void, if the total price of the goods has not been paid by the due date for payment.
iv. Timber is living, natural material affected by environmental and climatic changes, therefore the Company cannot accept liability for shrinkage, expansion, cracking, warping, variations in colour and other similar minor imperfections. The Customer shall accept the position and shall make no objection with regard thereto and no such matters shall annul the sale or entitle the Customer to annul the contract.
c) The Company shall have no liability regarding whether planning consent is required for its goods and it is the Customers responsibility to make any such enquires at their local council planning department.
d) The Company shall not be liable to the Customer, or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company's reasonable control;
i. Act of God, fire, flood, explosion accident, tempest, high winds;
ii. War, threat of war, insurrection, sabotage, civil disturbance or requisition;
iii. Import or export regulations or embargoes;
iv. Restrictions, regulations, acts, prohibitions or bye-laws or local authority;
v. Difficulties in obtaining raw materials, labour, fuel, machinery or parts;
vi. Strikes, lockouts, trade disputes, industrial actions whether involving Company employee's or of a third party's;
vii. Machinery breakdown or power failure.
e) No exclusions or restrictions contained in this contract apply in relation to the terms implied by the Sale of Goods Act where the Customer identifies the Consumer.
a) As the Company has no responsibility over the Customers base then the Customer is responsible for general maintenance of the building after the Company's installers have left the Customer's site. Doors and windows may need re-adjusting due to the base being slightly out of level and the building settling to the Customers base. Due to the variations in our climate the roofing felt may experience undulations, this is nothing to cause concern and is beyond the control of the Company. The Company recommends the installation of guttering on all building, and the good ventilation of the interior of the building.
b) All timber sizes are nominal i.e. before machining.
c) The Company advises the Customer to insure the building and any contents against all risks.
d) The Company advises the Customer not to install any electrical products in any of its buildings. If the Customer insists then the Customer should seek a qualified electrician for advice and installation.
e) These conditions contain the whole of the Company's liabilities and all conditions & warranties implied by statue common law or trade usage are hereby excluded.
f) No delay or indulgence by the Company in enforcing any provisions of these conditions shall prejudice or restrict the rights of the Company, nor shall any waiver by the Company of any breach of any provision of these conditions by the Customer be treated as a waiver of any subsequent breach of the same or any provision.
g) The Company may alter these terms & conditions from time to time and post a new version on the website, following which all use of the website will be governed by the new version. It is the Customers responsibility to check the terms and conditions on the website on a regular basis.
h) The Company recommends to the Customer to print out a copy of these terms and conditions for future reference.
i) These terms and conditions do not affect your statutory rights.
Timber and Other Natural Products
Timber is a natural product and prone to changes in appearance, including some movement and the occurrence of small knot holes or splits in extreme temperatures and weather conditions. Any splits, knots or similar visual imperfections in the timber will not affect the structural integrity of the product in any way. Whilst every effort is made to hand pick timber without visible knotholes or splits there may be occasions where timber is selected in good faith that contains what appears to be a solid knot. Over the course of time, or during movement of the product etc., it may occur that these small knot holes may then be dislodged from the timber leaving a small knot or crack. Unfortunately we cannot be held responsible for this maturing of the product, and can only offer our best advice as how to deal with this situation in the unlikely event that it should occur.
When measuring timber for the purpose of technical information the absolute external dimensions will be taken from a sample piece of each component used - it should be noted that due to the complex nature of the product and machining processes that this figure will give a nominal measurement that could be subject to slight variance throughout the rest of the individual boards in the pack measured. Whilst every effort will be made to select only components which match the average advertised sizing this is subject to the availability of the timber that has been machined and cannot be guaranteed.
Please note any guarantee offered does not cover the products against timber splits or warping. These are natural characteristics of the products and not defects and neither will these circumstances be accepted as a valid reason for the cancellation of an order, as this can occur naturally over time.