© 2014 TIMBER NATURAL LIMITED
tel: 01509 812020
TERMS AND CONDITIONS OF SALE
The “Company" means Timber Natural Limited, 211, Ratcliffe Road, Sileby, Leicestershire LE12 7PY United Kingdom. email: firstname.lastname@example.org Telephone: 01509 812020
The “Customer" means any person, company or third party as detailed in the Contract. The Customer’s address and contact details are as supplied to the Company and as detailed in the Contract.
The “Goods" means any goods or services, which are the subject of the Contract.
The “Contract" means a legally binding agreement whereby the Customer agrees to purchase Goods from The Company as detailed on the Company’s invoice.
The “Order" means a purchase order, either verbal or written, given by the Customer to the Company to Contract for the Goods under these Terms & Conditions of sale.
The “Carrier” means any third party transport nominated by the Company to deliver the Goods to the Customer.
Acceptance of Order: The Order will be accepted as a Contract at the discretion of the Company and subject solely to these Terms & Conditions of Sale, which supersede and prevail over all other terms or conditions contained in, or referred to, in the Order or in any other correspondence or documents from the Customer unless agreed in specific Notice by the Company. No statement or quotation made by the Company relating to the Goods, howsoever made, shall constitute an offer to Contract. The Order will only become a Contract upon receipt of the Customers deposit into the Company’s bank account in cleared funds.
Quotations: The Company is a ‘trade supplier’ and as such all prices on the Company’s
website and all quotations exclude VAT and carriage unless otherwise stated. The
Company’s quotations are valid for 60 days, subject to continued availability of
the specific product in the marketplace. A quotation does not constitute an offer
to Contract and the Company reserves the right to withdraw a quotation at any time.
Where quotations are based on information provided by the Customer, such quotations
are subject to the accuracy of that information supplied. Pre-
Terms of Payment: Unless otherwise agreed in a Notice from the Company the terms of payment for the Contract will be 50% deposit with Order and the balance payable and funds cleared prior to delivery. Payment by credit card will incur a 2.5% surcharge. In the event that the Company agrees credit terms with the Customer and those terms are exceeded for any reason then the Company reserves the right to enter upon the Customers premises, or any premises where the Goods are believed to be located, to recover the Goods or any other goods supplied by the Company to the value of the Contract.
Subcontractors: The Company reserves the right to sub-
Title/Risk: Title in the Goods will pass to the Customer when the Company receives full payment for the Contract, and that payment has entered the Company’s bank account as cleared funds. Risk in the Goods will pass to the Customer immediately on collection of the Goods by the Customer or their servant from the Company’s premises or upon Delivery to the Customer by the Carrier. Until Title in the Goods has passed to the Customer the Company shall have the right to enter upon the Customer’s premises or any other site or premises to recover the Goods.
Drawing, Sizes & Measurements: All drawings and quotations supplied by the Company
are the copyright of Timber Natural Limited and cannot be reproduced or transmitted
in any format whatsoever without prior Notice from the Company. All measurements
shown on pre-
Site Surveys: At the Company’s discretion, and on the assumption that all necessary measurements can be taken, a free initial site survey is offered to Customers within a 50 miles radius of the Company’s Offices. Customers requesting a site survey outside of this area will be charged at the rate of £0.50 per mile, this charge to be deducted from any ensuing Order. If a second or subsequent site visit is necessary in order to obtain measurements then this will be chargeable at the rate of £0.50 per mile plus £35 per hour or part thereof.
Waste in Timber Flooring Goods: The Customer can expect to discard 10-
Board Ends and Mid-
Allowed Knots and Mid-
Grades of Timber Flooring Goods: The Company supplies the following grades of hardwood flooring Goods; Rustic Grade: These boards will be approximately 50% knot and issue free. Character Grade: These boards will be approximately 80% knot and issue free. Prime Grade: These boards will be approximately 95% knot and issue free. Reclaimed: unique and infinitely variable.
Warping and/or Cupping of Timber Flooring Goods: Some boards may have a slight cup or bend as a result of the grain pattern in the board. This is allowed and can be more evident with long boards. When the board is installed it can be flattened and/or bent to true.
Quality of Finish of Timber Flooring Goods: Timber flooring Goods may have small splinters or slight variation in height from board to board. This is allowed and can be remedied when sanding the fitted floor.
Samples/Colour/Appearance: Timber Goods are natural products and as such will vary in colour and appearance from tree to tree and from board to board. The Company’s samples, photographs and images are representative of type only and no guarantee or warranty is offered or implied as to the precise colour, pattern, appearance, ratio of sapwood to heartwood or finished size of any Goods supplied under any subsequent Contract unless expressly written into the Contract. The Customer should note that timber flooring Goods, when delivered in their raw, unfinished state, do not resemble the final, fitted, sanded and finished floor. The Customer should also note that, dependant on species, all timber Goods may undergo significant colour changes when a finish is applied and the Customer’s choice of finishing product will determine the outcome. The Company accepts no liability for any issues relating to the colour of the finished Goods.
Collection of Goods: For the purpose of the Contract, Goods collected by the Customer will be deemed to have been delivered as they are removed from the Company’s warehouse and any discrepancy or issue relating to the Goods must be recorded on the Company’s delivery note. Once delivered, the Contract will be deemed to have been fulfilled.
Collection/Delivery Dates: The Company warrants that it will use its best endeavours to make the Goods available for collection or delivery on the date specified in the Contract. However, supply dates, where specified by the Company, are best estimates only and shall be of no contractual significance. The Customer should note that, where the Company is importing the Goods, delays in shipping and with customs are occasionally unavoidable. In the event of any delay in supply the Company will contact the Customer by telephone and agree an alternative collection or delivery date. In the event of any delay in supply the Company will not accept cancellation of the Contract nor pay any penalty to the Customer or any other third parties. The Customer warrants that they will use their best endeavours to collect the Goods on the agreed given date. Should the Customer be unable to collect the Goods or accept delivery of the Goods on the agreed date for whatever reason, any outstanding balance must be paid into the Company’s bank account in cleared funds on or by the agreed delivery date. Thereafter, the Company will store the Goods free of charge for a period of 4 weeks after which, the Company reserves the right to make a charge for storage and insurance of the Goods at the following rates : £0.50 per square meter, per week or part thereof for flooring Goods ; £100 per flight, per week or part thereof for staircase Goods ; £5 per door, per week or part thereof for door Goods. No Goods will be allowed out of storage until all storage charges have been paid by cleared funds into the Company’s bank account.
Delivery Restrictions: Many small streets have weight, height and / or delivery time restrictions that may require the dispatch of a special delivery vehicle. It is the Customer’s responsibility to inform the Company prior to delivery if any such restrictions apply. The Customer will be held responsible for all delivery costs if the delivery address is inaccessible due to restrictions that have not been made known to the Company. The Customer hereby agrees to pay the Company for any penalties that are incurred by the Carrier due to: street blockage by delivery vehicle; unloading taking longer than allowed by authorities; parking violations of any kind that occur while the vehicle is unloading at the Customers location.
Unloading: It is the Customer’s sole responsibility to unload the Goods from the
Carrier’s vehicle. Timber Goods are heavy and the Customer should ensure that suitable
lifting equipment is used where possible. If unloading the Goods by hand the Customer
should ensure that a minimum of two able-
Storage of Goods: Once delivered, all timber Goods should be stored appropriately in completely dry conditions at all times prior to installation. The Company accepts no responsibility whatsoever for Goods installed in new or renovated buildings which have not adequately dried out. Similarly, the Company accepts no responsibility for any Goods subjected to excessive heat, cold, damp or humidity either in situ or in storage.
Installation of Goods: Timber flooring Goods should be installed inline with the
Company’s Installation Guidelines, a copy of which is available on request and on
the Company website. However, no warranty is offered or implied by these guidelines
as to the suitability of the Goods for any specific purpose. The Company accepts
no liability for any issues relating to the installation of the Goods unless the
Customer Contracts with the Company direct for installation services. Under no circumstances
will the Company be responsible for any remedial building, plastering or decorating
works. Unless otherwise stated, quotations for the Installation of Goods do not include
for the removal of any existing flooring, doors or staircases, trimming of staircase
well openings or soffits to undersides thereof. Quotations for installation of Goods
assume that all surfaces to be fixed to are sound, clean, dry and flat and any surfaces
that are not will require additional work prior to installation. Quotations for installation
of staircases assume fitting to a pre-
Returns Policy: All Goods go through the Company’s strict Quality Control Department prior to collection or delivery. It is the Customers responsibility to inspect the Goods on delivery and prior to the commencement of any installation work as no complaint will be considered, and no right of refund or return will exist once the Goods have been installed or used or altered in any way whatsoever. If on examination the Customer considers the Goods, or any part of the Goods, to be defective, then the Customer must give Notice to the Company as soon as possible within a maximum of 7 days of the delivery taking place. Upon receipt of Notice the Company will contact the Customer to arrange for the Goods to be returned for examination by the Company. If, in the Company’s opinion, the Goods are defective, the Company must be allowed time to rectify the defect within 30 working days of the Notice without penalty. In the event that the Company is unable to rectify the defect within that timescale the Company will make a refund to the Customer, up to a maximum of the full Contract price including carriage. In the event that the Company does not agree the Goods to be defective then the Customer will be liable for all collection/return carriage costs and the Goods will be made available for collection by the Customer or redelivery by the Company’s Carrier at full cost to the Customer. It is the Customer’s responsibility to ensure that the Goods are securely wrapped and protected for return transit and any failure to do so will result in a sum equal to the cost of rectifying any damaged caused being deducted from any refund made. No claims will be considered for damaged Goods or short delivery of Goods once the Carrier has left the Customer’s delivery address unless the delivery documentation has been duly signed for as ‘damaged’ or ‘short’. All ‘Special Offer’, ‘Sale’ or ‘End of Line’ Goods are sold as described and no right of refund or return will exist unless the Goods have been described incorrectly. Any Claim made outside of the Company’s Return Policy, as stated herein, may be considered but only at the Company’s sole discretion and under the Company’s terms.
Goods Supplied to Retail Customers Only: The Company is a Trade Business. However,
should the Company Contract with a member of the public, a ‘Retail Customer’ then
the Distance Selling Regulations 2000 apply to the Contract and if, for whatever
reason the Retail Customer wishes to return the Goods, they must inform the Company
of their intention to do so within 7 days of the delivery date. It is the Customers
responsibility to return the Goods through their chosen carrier. The Goods must be
returned to the Company in the condition they were delivered with the original packaging
intact. The Customer will be liable for the delivery and return carriage costs. This
term does not apply to Contracts for the supply of any special order Goods, reclaimed
Goods, customised, bespoke or made-
Cancellation: Cancellation of the Contract must be made in Notice to the Company were upon receipt of such the Customer will become immediately liable for all the costs of any work undertaken, materials procured and any other reasonable costs or expenses incurred by the Company in fulfilling the Contract up to the date of cancellation.
Notice: Any notices, “Notice” must be in writing and sent to the contact address, as detailed in the Contract, by email or by recorded post. No other notice shall be of any contractual value. Where possible it should be considered good practice to give prior notice by telephone. However, such prior notice will not be of any contractual value. For the purpose of the Contract, Notice will have been served within 24 hours of the sending of an email or recorded post on any working day.
Jurisdiction: These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. If any one or more of the provisions of these terms and conditions are adjudged by any Court to be unfair then only that provision(s) will be unenforceable and the remaining provisions will continue in full force and effect.
Indemnity & Liability: The Company will not be liable for any losses that were actually unforeseeable to the parties when the Contact was formed, for losses not caused by the Company’s breach of the Contract or for any business losses. In any event the Company’s liability will be limited to the total value of the Contract. The Customer shall indemnify the Company in respect of all loss, damage or injury occurring to any person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Company may become liable in respect of the Goods in the event that such loss, damage, or injury shall have been occasioned by the negligence of the Customer or a third party employed by the Customer.
Company Registered in England No3244393