Buyer; the person who buys or agrees to buy the goods from the Seller.
Conditions; the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods; the articles the Buyer agrees to buy from the seller
Price; the price of the Goods, excluding VAT and any carriage, packing and insurance costs.
Seller; means Hartwell & Co. (Timber) Ltd. of The Timber Yard, Weston Sub Edge, Chipping Campden, Glos. GL55 6QH Tel:01386 840373 email: firstname.lastname@example.org
1.1 Any terms or conditions sought to be imposed by either party shall not be incorporated into the Contract and shall have no effect unless agreed to in writing by the other party.
2.1 The price for the supply of good and services are set out in the company price list at the date of delivery or collection. We shall invoice you on delivery or collection.
2.2 Orders made on a cash account to be paid for in full on collection or before delivery.
2.3 The price of the goods and services is exclusive of Value Added Tax which shall be charged at the rate prevailing at the relevant tax point.
As soon as we have delivered the goods or services, you will be responsible for them and we will not be liable for their loss or destruction. Therefore, you would need to take necessary steps to insure the items. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.
4. Ownership of the Goods
You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.
5.1 Goods must be paid for in full prior to being delivered. Customers with an active Credit Account can arrange with sales staff to pay on their usual account terms.The cost of delivery will consist of a distance and handling charge, quoted at the time of the order.
We will deliver the goods to the address specified in your order. The accuracy of the information is solely the responsibility of the customer.
Only one attempt will be made to deliver to the customer on the agreed date, if the customer is unable to accept the delivery, then only one other attempt will be made on another suitable and arranged date.
5.2 Delivery days and times: Deliveries on our own transport within our designated areas will be from Monday to Friday, (excluding Bank Holidays) between 8:00am – 5pm.
We cannot guarantee times of deliveries, but every endeavour will be made to deliver on the agreed date.
We strongly advise customers not to book tradesmen prior to the receipt of their goods and we will not be held responsible or liable for any loss or expense caused as a result of a delay in delivery.
5.3 Limitations of delivery service: Hartwell & Co Ltd offers a kerbside delivery service only. It is the customers responsibility to ensure that there is a safe access and adequate room for items to be delivered.
Our drivers are not expected to carry heavy items into back gardens, through houses or up flights of stairs.
5.4 It is the responsibility of the customer to receive and check the goods, once delivered the customer accepts responsibility for all the goods. Any damages, faults or errors must be reported to our office within 24 hours of the goods being received.
5.5 Third Party Couriers: Deliveries outside our designated areas can be arranged using a third-party carrier, either by the customer themselves or by Hartwell & Co. Delivery dates and liability for these goods, once they have left our premises, is solely the responsibility of the carrier company.
Most of our items are large, bulky, and heavy. Specialist pallet couriers must be used. Off-loading is the responsibility of the customer.
For smaller items, such as hardware and accessories we may use well known van couriers.
6. Payment on approved Credit Accounts
Unless the Agreement provides otherwise, the price for the goods and/or services in respect of an approved credit account, shall be payable no later than the last day of the following month from the date of the relevant invoice. The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days’ notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.
We warrant that as from the date of delivery or collection for a period of six months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials. Any additional warranties, specifically the treatment of timber against rot and decay as described in any specification document, are manufacturer’s warranty only.
8. Right to Cancel
8.1 We will permit you to cancel an order by sending written notice no later than 7 days after the date on which the order has been placed. If you request cancellation at a later date, then unless we are in breach of contract, we have the right to refuse [or] retain all or part of your deposit as a contribution towards any losses or costs we suffer as a result of the cancellation.
8.2 You cannot cancel an order if the goods have been specially prepared or purchased for you.
8.3 If you have received the goods before you cancel this Agreement then [unless, under clause 9.2, for which you do not have a right to cancel] you must send the goods back to our contact address at your own cost and risk. If you cancel this Agreement but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
8.4 Once you have notified us that you are cancelling this Agreement, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
8.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
8.6 We reserve the right to cancel the Agreement between us if:
8.61 we have insufficient stock to deliver the goods you have ordered;
8.62 we do not deliver to your area; or
8.63 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.1. Except for death or personal injury caused by our negligent acts or omissions we shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement.
10.2. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.
10.3. In the event of our losing or damaging your goods, we will pay for the reasonable costs of the repair or replacement (less wear or tear) of the item or provide you with a full refund if we have been negligent.
10.4. Nothing in this Agreement shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
11. Governing Law and Jurisdiction
Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of England and Wales.
12. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.
13. Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
14. Customer Services
14.1. To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them please write or telephone to our customer queries department, at the address and telephone number set out above.
14.2. If you are unhappy with any aspect of our service, please contact the sales office. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
15. Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time to time. Any major changes will only be made with your agreement.
16. Data Protection
You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.