TERMS AND CONDITIONS OF SALE
Formation of contract:
All quotations and orders made or accepted by the company shall be deemed to incorporate these terms and conditions together with any special conditions stated at the time of order and / or quotation.
Quotations are made subject to fluctuations in price, whether accruing before or after acceptance.
The company reserves the right to withdraw quotations at any time before acceptance.
Prices:
Quotations are based upon the Company’s current price levels which in turn are based on the current rate of pound sterling. If owing to alterations in the cost of materials, in wage rates, taxes, duties,levies or other expenses, the price level of the relevant goods shall be revised, the prices chargeable shall be those ruling at the date of order.
Terms of payment:
Payment for the larger buildings and mobile homes shall be:-
3% Manufacture booking slot.
30% 2 weeks prior to commencement of build.
30% Halfway through build.
30% 1 week prior to delivery.
7% on delivery and completion.
All other items shall be payment on delivery, unless otherwise stated.
Forms of payment shall be, cash or cheque. Credit cards are not accepted.
Time for delivery:
Time for delivery shall not be of the essence of the contract. Whilst we will do our utmost to keep any stated delivery date, we accept no liability for any damage, consequential loss or expense incurred resulting from any delay.
Delivery:
The title to goods shall not pass to the buyer until payment has been made of the full contract price and in case of non payments the Company shall be entitled to repossess the goods. The Company reserves the right to repossess any goods sold hereunder to the buyer in respect of which payment becomes overdue and thereafter to re-sell the same and for this purpose the buyer hereby grants an irrevocable right to the Company to enter with or without vehicles upon any premises on which the said goods may be.
Each delivery shall be considered a separate contract and failure of any goods in any one particulars delivery shall not violate the contract as to the remainder.
Shortages and Damages:
Any claim for alleged shortages or damage however arising will be considered only if:-
- Receipt of goods envelope has been signed as “Not checked”, “Damaged”, “Incomplete”or to that effect and reported to the Company within 28 days from the date of delivery and / or installation otherwise we cannot be held responsible for their correction.
- We are given the opportunity to inspect.
Guarantee and General Liabilities:
When the Company is asked for advise as to the suitability of any product, such advice will be given to the best of our ability and in good faith but such advice is given only to the express condition that we are exempt from liability for failure in performance.
We shall not be liable for any consequential loss, injury or damage of any nature whatsoever arising out of this contract or in connection with any goods sold thereunder.
Storm Damage - We cannot be held responsible for storm damage, this should be covered by your insurance.
The company guarantees for 12 months to replace any defect caused by faulty workmanship and / or materials supplied excluding any movement, splitting, and shrinkage which occurs naturally in timber or through faulty basework. The building also has to have been properly maintained.
Force Majeure:
We shall be entitled to cancel or delay any contract without liability for any loss or damage resulting there from, if performance of our obligations under the contract is affected in any way by war, riot, restraint of Government, strike, lockout, dispute with workforce, shortened hours of labour, fire, accident, non availability of materials, stoppage or interference with transport, or any cause which we had no power to avert.
Cancellation Or Suspension:
No cancellation, suspension or variation of this contract requested by the buyer shall be valid unless agreed with us in writing or verbal consent given and such agreement shall only be given, subject to adequate compensation for expenses incurred by the Company.
In addition to the above the Company reserves the right to impose a cancellation charge at its discretion.
If we are asked to store goods, or have to store goods because of the fault of the customer after the goods are ready for despatch, the customer shall pay any storage and all other charges that may be incurred as a result of this. The storage will be at the customers risk and will not entitle the customer to postpone payment.
If the buyer has a receiving order made against him or (if a company ) an order winding up is made or if a receiver is appointed or if the buyer becomes insolvent in the event of any breach of this contract by him, the Company may stop any goods in transit and suspend further deliveries and may determine the contract without prejudice to any existing claim.
Law Applicable:
These terms and any contract between the parties shall in all respect be construed and have effect according to English Law. |