WESTCOUNTRY WOOD LTD TERMS AND CONDITIONS (inc services)
1.1 In these terms and conditions:-
‘company’ means Westcountry Wood Limited (company number 06948371) or ‘we’ registered office address 1 Petroc Court St Ann’s Chapel Gunnislake Cornwall PL18 9TF
‘customer’ or ‘you’ means the buyer or purchaser of goods supplied by the company. Westcountry-SW is a trading name of Westcountry Wood Ltd
‘parties’ means the customer and the company and excludes couriers
‘agreement’ means the sales contract or conditional sales contract between (i) the customer and (ii) the company and includes the order terms and conditions and specification
‘cooling off’ means the period within which you are entitled to cancel your order
‘consumer’ shall have the meaning ascribed in Part 1 of the Consumer Rights Act 2015
‘charges’ means the charges for the goods as specified in the order or included in the lists of prices of goods maintained by the company as amended from time to time
‘courier’ means the independent transport company or business instructed by us entirely at our discretion to deliver goods to you
‘order’ means the order form returned or submitted from the customer to the company
‘deliver’ means hand over the goods to the customer at the address and on the date specified in the order or herein which shall include unloading and any other specific arrangements agreed in accordance with clause 6
‘goods’ means the goods to be supplied by the company to the customer as specified in the order and/or specification. Where services are provided together with goods, the term ‘goods’ in this document shall mean ‘goods and/or services’
‘services’ means the services to be supplied by the company to the customer as specified in the order and/or specification
‘specification’ means the specification provided by the customer to the company for the goods to be supplied by the company to the customer; including as to quantity description and quality as specified in the order
‘staff’ means all directors officers employees agents consultants and contractors of the company and/or any subcontractor to the company engaged in the performance of the company’s obligations under the agreement
‘VAT’ means value added tax in accordance with the provisions of the Value Added Tax Act 1994
‘terms and conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions specifically agreed in writing and signed by the parties
‘treatment’ means the application by the customer (i) of the products recommended by the company (ii) in the manner recommended by the company (iii) within any timescale recommended by the company to the goods supplied by the company
‘working day’ means a day other than a Saturday or Sunday on which banks are open for business in the City of London
2. Basis of Agreement
2.1 The order constitutes an offer by the customer to purchase the goods subject to and in accordance with the terms and conditions of the agreement.
2.2 The offer comprised in the order shall be deemed to be accepted by the company on receipt by the customer of a copy of the order acknowledged or countersigned by the company within fourteen days of the date of the order or on the date upon which we begin to process the order, whichever is the earlier.
2.3 A quotation given by the company is an invitation to treat and not an offer. Any quotation provided by the company may be withdrawn or amended at any time prior to acceptance by the company of the customer’s order. Quotations remain valid for twenty-one days from the date of issue.
2.4 The specification as to the measurements and design and description of the goods shall be provided by the customer and the company shall not be held responsible for any inaccuracy therein.
2.5 The company reserves the right to change the specification of its products without prior notification to the customer if such change relates to an upgrade in the specification or if such change relates to statutory regulation or health and safety.
2.6 Time shall not be deemed to be of the essence of the contract
2.7 The agreement shall not constitute or imply any partnership joint venture agency fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in the agreement. Neither party shall have nor represent that it has any authority to make any commitments on the other party’s behalf.
2.8 A person who is not a party to the agreement shall have no right to enforce any of its provisions which expressly or by implication confer a benefit on him or her without the prior written agreement of the parties.
2.9 The agreement cannot be varied except in writing signed by a duly authorised representative of both parties.
2.10 No order for goods made for the customer to the customer’s specifications may be cancelled by the customer except with the agreement in writing of the company and on condition that the customer shall indemnify the company against all losses including loss of profit costs damages charges and expenses suffered or incurred by the company as a result of the cancellation.
2.11 Goods made to the customer’s specification are ‘bespoke’ and the customer shall not be entitled to reject such goods within any ‘cooling off’ period.
2.12 The customer has a seven day ‘cooling off’ period from the date your order is submitted to the company within which the company will not commence work or deliver goods unless requested to do so in writing. If the company is requested to provide goods or services within the applicable cancellation period the customer will lose the right to cancel the contract.
2.13 Goods displayed on the company’s website or literature shall not be regarded by the customer as a model of the goods the subject of this agreement.
2.14 These terms and conditions shall apply to all contracts for the sale of goods by the company and shall prevail over all other documentation or communication between the parties.
3. Supply of Goods
3.1 In consideration of the customer’s agreement to pay the charges the company shall supply the goods to the customer subject to and in accordance with the terms and conditions of the agreement.
3.2 The company shall supply the goods in accordance with the specification and not in accordance with any model seen or examined.
3.3 Any photograph displayed by the company or item located on the company’s website or at its premises shall not be regarded as a model of the goods the subject of this agreement.
4. Workmanship warranty
4.1 The company represents warrants undertakes and guarantees that the goods supplied under the agreement shall be free from defects in workmanship manifest or latent and remain so for two years after delivery. This warranty relates only to workmanship.
4.2 The company’s obligation to the customer under the terms of any warranty given is limited to the repair or replacement at the discretion of the company of any defective component
4.3 The company guarantee will not cover the warping or twisting of gates where automated mechanisms are fitted.
4.4 The company guarantee will not cover cracks or gaps caused by normal and seasonal drying out shrinkage and natural movement or colour changes due to the effects of natural weathering.
4.5 The company guarantee will not cover normal and seasonal exudation of resin from knots or mould damage caused by the location of the gates by the customer in damp areas without appropriate preventative treatment.
4.6 Claims under the company’s guarantee will be assessed when the goods are returned to the company premises.
4.7 The company guarantee will not cover goods where treatment has not carried out strictly in accordance with the company’s recommendations
4.8 Goods not affected by this warranty found to be defective or of unsatisfactory quality or unfit for purpose or not conforming with the specification within the customer’s statutory rights as to the quality of the goods set down by law and returned to the company within six months of delivery will be repaired or replaced by the company.
5. Charges payment and recovery of sums due
5.1 The charges for the goods shall be as set out in the list of prices of the goods maintained by the company as amended from time to time and shall be the full and exclusive remuneration of the company in respect of the supply of the goods.
5.2 Unless otherwise agreed in writing the charges shall include every cost and expense of the company directly or indirectly incurred in connection with the supply of goods including but not limited to the costs of packaging and insurance but exclusive of delivery and carriage.
5.3 Payment in full for the goods ordered inclusive of delivery charges will be made at the time of the order unless otherwise stated on the order.
5.4 Payment for the goods will be made by the customer to the company in full and in cleared funds prior to delivery unless otherwise stated on the order.
5.5 All amounts stated are exclusive of VAT which shall be charged at the prevailing rate. The customer shall following the receipt of a valid VAT invoice pay to the company a sum equal to the VAT chargeable in respect of the goods in cleared funds prior to delivery.
6.1 The company shall use its reasonable endeavours to deliver the goods to the customer on or by the date of delivery if specified or within twenty-eight days of receipt of payment in full inclusive of VAT in cleared funds whichever shall be the later. The date of delivery for goods that the company has agreed to treat with its recommended products prior to delivery shall be extended by up to ten working days to allow for drying of the treated goods.
6.2 Delivery of the goods shall be accompanied by a delivery note which shows the purchase order number and the type and quantity of the goods.
6.3 Any access to the customer’s premises and any labour and equipment that may be provided by the customer in connection with the delivery of the goods shall be provided without acceptance by the company of any liability in respect of any actions claims costs and expenses incurred by third parties for any loss or damages to the extent that such loss or damage is not attributable to the negligence or other wrongful act of the company or its servant or agent.
6.4 It is the customer’s responsibility to ensure that the delivered goods are in accordance with the customer’s order and in a satisfactory condition.
6.5 If the goods are not signed for by the customer then it will be deemed that any person accepting the goods and subsequently signing for them is authorised by the customer to do so.
6.6 Goods which are left unsigned for in a pre-agreed location are left at the customer’s risk and it is the customer’s responsibility to inspect the goods within twenty-four hours of delivery after which the customer will be deemed to have accepted that the goods are of satisfactory quality and in accordance with the order and have not been damaged.
6.7 Delivery of the goods shall be completed once the completion of unloading the goods from the transporting vehicle at the delivery address has taken place and the customer has signed for the delivery.
6.8 Unless otherwise agreed in writing delivery shall be to the address specified in the order and shall be subject to payment as set out in clause 5.
7. Risk and Title
7.1 Without prejudice to any other rights or remedies of the customer risk in the goods shall pass to the customer when delivery of the goods is complete.
7.2 Notwithstanding that the risk has passed to the customer ownership of the goods will remain vested in the company until the company has received all sums due from the customer to the company inclusive of delivery charges and VAT in cleared funds. The company has the right to recover the goods at any time after the date upon which payment falls due.
8.1 The company shall not be liable for any injury loss damage cost or expense suffered by the customer if and to the extent that it is caused by the negligence or wilful misuse of the goods or misconduct of the customer or by breach by the customer of its obligations under the agreement.
8.2 The company shall not be liable for any damage cost or expense suffered by the customer if and to the extent that such damage is caused by failure by the customer to treat the goods in accordance with the recommendations of the company or by any attachment to or modification of the goods by the customer such as planing, cutting, drilling or nailing holes into the goods.
8.3 The company shall not be liable for any change in the goods attributable to the effects of natural normal or seasonal weathering including the natural movement or shrinkage of materials or to any failure on the part of the customer to treat maintain or use the goods in the manner advised or recommended by the company.
8.4 The customer is responsible for checking that goods are of satisfactory quality and have not been damaged prior to signing for their delivery. The company shall not be liable for any damage that occurs in transit where such damage is not brought to the attention of the company prior to the customer signing for delivery.
8.5 The company shall not be liable for the replacement or adjustment of any goods manufactured in accordance with incorrect specifications provided by the customer
9. Force majeure
9.1 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 or failure of delivery and the party affected shall be entitled to a reasonable extension of its obligations.
10.1 Any notice or other communication which either party is required by the agreement to serve on the other party shall be sufficiently served if sent to the other party at its address as specified in the order.
10.2 Any notice or other communication served on the company shall be sufficiently served if sent to the company at its registered office address – 1 Petroc Court St Ann’s Chapel Gunnislake Cornwall PL18 9TF - either by hand or by registered or first class post or special or recorded delivery within twenty-four hours of transmission.
11.1 If any provision of the agreement is prohibited by law or judged by a Court to be unlawful void or unenforceable the provision shall to the extent required be severed from the agreement and rendered ineffective as far as possible without modifying the remaining provisions of the agreement and shall not in any way affect any other circumstances or the validity or enforcement of the agreement.
12. Whole agreement
11.1 The agreement inclusive of the specification and order contains the whole agreement between the parties and supersedes and replaces any prior written or oral agreements representations or understandings between them. The parties confirm that they have not entered into the agreement on the basis of any representation that is not expressly incorporated into the agreement.
13.1 The construction performance and validity of the contract shall in all respects be governed by the laws of England and Wales