STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS & SERVICES OF Mr Niel Beckwith and Diana Page, Timbatipi, York, YO424TA
In this document the following words shall have the following meanings:
- 1.1 “Consumer” shall have the meaning ascribed s.2 of the Consumer Rights Act 2015.
- 1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
- 1.3 “Goods” means the articles specified in the Proposal;
- 1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
- 1.5 “Services” means the services specified in the Proposal;
- 1.6 “Supplier” means Niel Beckwith, Timbatipi, YO424TA
- 1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
- 2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
- 2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
- 2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
- 2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
- 2.5 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this agreement this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- 2.6 You agree to indemnify us for reasonable costs that we may incur in the enforcement of our rights under this Agreement, including without limitation legal costs and expenses.
3. THE ORDER
- 3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days.
- 3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
- 3.3 All orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4. PRICE AND PAYMENT
- 4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
- 4.2 Payment of the price shall be in the manner specified in the Proposal.
- 4.3 If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 5% per Calendar month on the outstanding amounts.
- 4.4 You agree to pay all sums due under this agreement without any discount, deduction, set-off or counterclaim whatsoever.
- 5.1 The date of delivery or collection of the Goods and Services is as specified in the Proposal. The Supplier may vary these times by intimating in writing details of the change to the Customer but in any event, the Goods and Services will be delivered within 90 days of the contract date unless there is an agreement with the Customer to the contrary.
- 5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
- 5.3 All risk in the Goods shall pass to the Customer when they are in the physical possession of the Customer.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
- 7.1 co-operate with the Supplier;
- 7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
- 7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8. SUPPLIER’S OBLIGATIONS
- 8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
- 8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
- 8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
- 8.4 In addition to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery. This includes double glazing units and other third-party products used in the construction of a Cedar tree pods leisure building.
- 8.5 The Supplier provides the following structural warranty in relation to the Goods supplied: The Supplier warrants the structural integrity of any Timbatipi leisure building supplied for a period of not less than 4 years from the date of delivery.
- This warranty is subject to the following conditions:
- (a) The Customer must notify the Supplier in writing immediately upon being aware of any defect.
- (b) The Goods must be maintained in good condition and regular maintenance carried out as per instructions provided by the Supplier.
- (c) The Goods must not be relocated from their original delivery position except by arrangement with the Supplier.
- (d) The Supplier must be afforded every opportunity to remedy any defect.
- (e) The Timbatipi is clad with timber which as a natural product may in time produce shakes, curling, bowing etc. These will not affect the structural integrity of the unit and are therefore excluded from the warranty.
9. CANCELLATIONS AND REFUNDS
- 9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods or a refund.
- 9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full.
- 9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid will not be returnable.
10. LIMITATION OF LIABILITY
- 10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
- 10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- 10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English/Welsh courts.