Terms & Conditions
1. CONDITIONS APPLYING(a). Unless otherwise agreed in writing 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 qualification, amendment or addition 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 advise 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 advise 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.
3. PRICE(a ) 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.
(b ) 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. PLEASE NOTE we do not cover delivery to all area's of the UK so check before hand, with us on /help/delivery or 0845 230 7434.
4. PAYMENT(a ) Full payment must be received on or before day of delivery, otherwise see (e).
(b ) Payment can be made Visa, MasterCard, Switch, Maestro, Visa Electron, American Express, Cash, and by prior arrangement only to the Company by Cheque.
(c ) 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.
(d ) 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.
(e ) Interest on overdue invoices shall accrue from the date when payment becomes due @ 2% per calendar month or part thereof.
(f ) Orders to be delivered outside of our delivery area will be requried to be paid in full prior to production
(g ) Orders totalling above £1,000 will be required full payment before production
(h ) For order over £5000, the Customer will be expected to pay 50% of the total price 4-5 weeks prior to the delivery date.
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 21 days prior to the delivery date.
(b) In the event of cancellation before acceptance of an order, all monies accompanying the Customers order will be returned.
(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.
(d) Cancellation within twenty one (21) working days prior to the delivery date the company reserves the right to retain 15% of the total cost to cover materials used and a minimum of £35.00 for administration fees.
(e) Postponement of the goods within 21 working days prior to the delivery date, shall not commence with any payment having to be made by the customer. The company will proceed in offering an alternative date.
(f)Postponement of the goods within ten (10) working days before the delivery date, the company reserves to right to charge a storage and handling fee to be settled before re-delivery & installation can be made. The storage fee will depend on the specifications of the product ordered.
(g) In the event that a Customer fails to pay their remaining balance on the day of delivery, the Company has the right to keep the Customers deposit and remove of the Goods from the Customers premises.
h) If the Customer is not reasonably satisfied with the goods, the Company is entitled for one revisit to rectify any issues with the product.
(i) Following the revisit, if the Customer is still reasonably unsatisfied with the Goods, then the Company will refund 50% of the full payment made by the Customer. Prior to any refund being processed from the Company, the Customer must return all Goods back to the Company premises, carriage paid and in a good condition as delivered.
(j) All refunds that may be authorised by the Company will be paid by BACS payment and credited back to a credit card if the Customer had paid in that manner.
(k) The Company will not accept returns or cancellations if the Goods have been 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, or preferences. The Customer must keep any Goods they intend to return to the Company dry and in good condition as delivered.
(l) A return or cancellation should be made in a durable means as defined by part 10 of the Distance Selling Regulations being either; in writing to the Company's address, or by e-mail to email@example.com.
(m) The Company accepts that the Distance Selling Regulations apply to the 'standard' shed ranges in acceptable state, see (h), with dimensions '6x4', '7x5', '8x6' only. In the case of all other sheds, the Distance Selling Regulations do not apply.
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 advise 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 ) In the event that a Customer advises incorrectly regarding their access details and the product needs physically adjusting, the Customer will be expected to pay £60.00 per panel needed to be produced into a smaller section. The rest of the product will remain at the Customers premises.
(f ) In the event that a Customers base (foundation to which the product sits on) is insufficient on arrival, the customer will be offered two options:
(1 ) The Shed can be installed (down to the discretion of the main fitter) however any warranty included with the product with become void.
(2 ) The product will be left at the Customers property in a place suitable for the Customer, and the full balance will need to be paid. A new delivery and assembly date will be offered and in the meantime, the Customer is expected to lay a sufficient foundation. The Customer will be charged a set fee of £200 for our fitters to return and install the product.
(g ) In the event that a Customer denies the product on arrival, due to incorrect order details, on the fault of the Customer, the Company are entitled to keep the Customers deposit. For orders under £1000, the Customer will be expected to pay 30% of product balance. The Customer is expected to place a new, correct order, and pay the full amount as Per Section 4 of our Terms and Conditions.
(h ) If the Customer denies the product on arrival due to incorrect specification details on the fault of the Company, the Company will re-place the product correctly and the Customer will not be charged any additional amount.
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.
(d) If on arrival we find the access to the site or the base prepared by the Customer does not comply with
7(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 assemble 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.
9. LIABILITY(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 by reason of faulty materials or workmanship.
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 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 there 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;
(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.
10. GENERAL( 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 advise and installation.
( e ) These conditions contain the whole of the Company's liability's 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.