ORDERS

All quotations given and all orders accepted by us are subject to the following Terms and Conditions. Any Terms and Conditions contained in the buyer’s order or subsequent correspondence which are inconsistent herewith shall not apply unless they have been specifically accepted by us in writing.

NOTIFICATION OF DEFECTS

The buyer shall inspect the goods on delivery or collection and shall inform us as soon as reasonably practicable thereafter and, in any event, within three working days of delivery or collection of any damage, shortage or other defects in the goods or if the goods are not as ordered which he may discover on inspection. Where a carrier has been employed by us to effect delivery any claim for shortage or damage must be intimated both to us and to the carrier as soon as reasonably practicable thereafter and in any event within three working days of the date of delivery. We shall not be liable for any loss or damage which the buyer may sustain due to damage, shortage or other defects in the goods or if the goods are not as ordered which could have been discovered and notified in terms of this clause.

TERMS AND CONDITIONS OF SALE

PRICES

All goods are exposed for sale subject to their being unsold at the date when they buyer’s order is received.

All prices quoted by us are exclusive of delivery charges unless we have specified in writing to the contrary.

Any price lists comprised in or issued with any catalogues supplied by us and all individual rates contained therein are subject to withdrawal without notice.

All prices, estimates and quotations forming part of an order accepted by us shall be subjected to revision if in our opinion increased in the cost of materials, labour etc, or other circumstances arising before completion of the order render such action necessary.

All prices quoted by us are exclusive of value added tax.

PAYMENT OF THE PRICE

The price of the goods shall be payable at the time or times agreed by parties. Failing such agreement the price shall be payable not later than the end of the month following that during which goods are delivered or we notify the buyer that goods are available for collection. Where the price is payable and the goods are deliverable or collectable in instalments, the price of each instalment of the goods has been delivered or we notified the buyer that the instalment was available for collection. In the event of the price of any instalment thereof not being paid when it fails due the following conditions shall apply.

Interest thereon will run from the due date until payment at the rate of statutory interest as defined in Section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 and any Order made there under applicable from time to time.

We shall have the option of suspending any outstanding deliveries until all outstanding instalments of the price have been paid or alternatively of cancelling the contract under reservation of our right to claim damages for breach of contract and payment of the price of good already delivered but not recovered by us and interest thereon in terms of class 3 (a).

In the event of cancellation of the contract Under Clause 3(b) we shall have the right to enter upon the buyer’s premises and remove therefrom any goods, property in which has not yet passed to the buyer.

In the event of our claiming damages under clause 3(b) any instalments of the price already paid by the buyer shall be retained by us to account of our claim for damages.

In the event of the buyer becoming apparently insolvent in terms of Bankruptcy (Scotland) Act 1985 or entering into a composition or arrangement with his creditors, or having an order for winding up or sequestration made against him or passing a resolution for voluntary winding up (except for purpose reconstruction), or having a receiver or administrator appointed, it shall be in our option forthwith to cancel the contract. In the event of the contract being cancelled by us under the Clause we shall be under no obligation to make any further delivery, but we shall be entitled to payment in full for all goods delivered to the buyer and not received by us under reservation of our right to claim damages for breach of contract. 

The (Company) reserves the right to make scheduled deliveries each of a part only of the overall amount and the value of (goods) ordered by the (buyer) where any such scheduled delivery is made the goods comprised within each delivery shall be deemed to have been sold and delivered under a separate contract for the whole sale of the goods the subject of such delivery and will be invoiced separately. The buyer will pay for goods delivered in each scheduled delivery without set off, counter claim or deduction in respect of previous of future scheduled delivery or other goods ordered from the company.

TIME

Time shall not be of the essence of the contract. Delivery or collection date or dates given to the buyer shall not have contractual effect.

PASSING OF PROPERTY

The property of the goods shall not pass to the buyer until the buyer has paid the whole price thereof, including every instalment if the price is payable by instalments and any interest eligible thereon. In the event that title to the goods passes to a third party in circumstances here the price of an instalment of the price has been paid, then the buyer shall hold in trust for us absolutely the proceeds of sale received from the third party to the extent only of all sums due to us under the contract and will be bound to account to us therefore.

PASSING OR RISK

Risk shall pass to the buyer on delivery.

DELIVERY ARRANGEMENTS

When goods are delivered it shall be the responsibility of the buyer to ensure adequate vehicle access to the delivery point and to provide all necessary labour to off-load the goods. Any loss, damage or costs incurred by us which results from a breach of this condition shall be paid for by the buyer.

STORAGE AND HANDLING

It shall be the responsibility of the buyer to protect the goods from exposure to the weather and to maintain them in conditions such that decay, insect attack and increase in moisture content are prevented. We shall accept no liability for loss of damage caused by improper storage or handling by the buyer.

DRAWINGS, INSTRUCTIONS AND TECHNICAL INFORMATION

When drawings, instructions or technical information relating to the goods are provided or available, it shall be the responsibility of the buyer to make himself fully conversant with such drawings or information when making use of the goods or adapting the goods for his own purposes. We shall accept no liability for loss of damage caused by improper use of adaptation of the goods by the buyer.

SAMPLES AND BATCHES OF GOODS

Goods are offered for sale on the understanding that they may differ from any samples previously used for selection. Goods may differ from batch to batch.

METRICATION

We shall have the option to supply any or all the goods in either imperial or metric sizes in the nearest equivalent thickness, width and length as shows in the conversion tables published by the Timber Trade Federation, and goods may be charged in metric measure in accordance with the calculations therein contained. A copy of the conversion tables will be supplied on request. Attention is drawn to the fact that, in general, metric dimensions are marginally smaller or shorter than their nearest imperial equivalent.

LIMITATION OF LIABILITY

Without prejudice to the foregoing Conditions, or liability for any loss or damage which the buyer may sustain in consequence of any damage, shortage or other defect in the goods or for any other breach of duty on our part arising out of or in connection with this contract shall be limited to £1,000.  We shall be under no liability for any loss, damage or delay howsoever arising caused by circumstances out with our control.

RETURN OF MATERIALS

Return of materials specifically bought in or specially manufactured and correctly supplied to the buyer’s instructions cannot be accepted nor can cancellation of such order be accepted. Return or other materials correctly supplied to the buyer’s instruction may be accepted at our discretion subject to a restocking charge. Return of any such materials which are not in an acceptable re-sale condition cannot be accepted.

ADMINISTRATION CHARGE

In the event of any breach of these conditions by the buyer (i) the buyer shall be liable for all costs incurred by us in relation to the breach, and (ii) in addition, we reserve the right to add an administration charge to the buyer’s account. The administration charge will be £50 at the time of breach.

ACCEPTANCE OF ORDER

The person placing the order will be personally liable as the buyer under these conditions unless we have accepted in writing a written order for the goods from some other person.

INTERPRETATION AND CHOICE OF LAW

These conditions and the contract to which they apply should be governed and interpreted according to the law of Scotland.

DATA PROTECTION ACT 1998 

Information supplied by account holders may be used by the Company to create, confirm and update the Company’s customer records as follows:-

1.      That the date subject will be credit assessed at the discretion of the Company.

2.      That information held by the Company relating to the data subject can be disclosed to Credit Circles and also to third party credit information agencies for the use of credit assessment.

3.      That information held by the Company on the data subject can be communicated to the Company’s credit insurers.

4.      Where information is held on a data subject by the Company and that information has not been updated within a two year period then the account will be deemed to be dormant an be removed from the Company’s customer records.

The data subject has the right to request a copy of the personal data held by the Company and it will be provided upon payment of a £1 administration fee.