OAK PRODUCT LTD T/A OAK BEAMS AND FRAMES DIRECT
TERMS & CONDITIONS OF CONTRACT & SALE
The following Conditions shall apply to all contracts entered into by or on behalf of Oak Products Ltd
1.1 In these Terms “CONDITIONS” means the standard conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Buyer and the Seller;
“CONTRACT” means the contract for the sale and purchase of the Goods and supply of the Services;
“CONTRACT PRICE” means the Price of the Goods and Services to be supplied by the Supplier as set out on the website, or in a written quotation;
“CONSTRUCTION PROJECT” means the construction project of the Customer referred to in the Specification consisting of a number of separate, independent contracts including this Contract;
“CUSTOMER” means the person who accepts the Supplier’s written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller;
“GOODS” means the goods (including any instalment of the goods or any parts from them) which the Seller is to supply in accordance with these Conditions;
“PLANNING FEE” means the fee charged by the Supplier for making the planning application on behalf of the Customer;
“SERVICES” means the services of design and structural engineering
“SPECIFICATIONS” means the specifications of the Goods and/or Services as agreed between the Customer and the Supplier;
“SUPPLIER” means Oak Products Limited trading as Oak Beams and Frames Direct;
“WRITING”, and any similar expression, includes facsimile transmission and comparable means of communication including electronic mail.
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation
2.1 Acceptance by the Supplier of the Customer’s order is conditional upon acceptance by the Customer of these conditions, which shall prevail over any terms or conditions of the Customer (apart from alterations to or departures from these conditions specifically agreed by the Supplier in writing).
2.2 The customer hereby acknowledges that the Goods and Services supplied hereunder relate only to the supply of a timber framework which forms part of the Customer’s Construction Project and design and engineering services related to the supplied structure as specified on the website. The Customer further acknowledges and confirms that in entering into this Contract the Customer is aware that the Customer will be required to contract directly with other contracts separately and independently from the Supplier in order to complete the Construction Project and recognises that the Supplier is not providing or contracting to provide any other work other than the supply of the Goods and Services hereunder. Accordingly, the Supplier is not responsible for the completion of or failure to complete of any additional works required to complete the Construction Project which are not included within the Goods or Services to be supplied hereunder.
2.3 The Supplier shall sell and the Customer shall purchase the Goods in accordance with the Supplier’s Written quotation, subject in either case to these Conditions.
2.4 The Supplier’s employees or agents are not authorised to make any representations concerning the Goods or Services unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Conditions affects the liability of either party for fraudulent misrepresentation.
3. TENDERS, QUOTATIONS, CONCLUSIONS OF CONTRACTS
3.1 All tenders/quotations issued by the Supplier shall not be considered to be offers placed by the Supplier but shall be valid for a period of 30 days from the date thereof or such longer period as may be agreed between the parties in writing.
3.2 No Contract shall be established between the Supplier and the Customer until the Supplier has received the relevant deposit or full payment.
3.3 The Contract may not be cancelled by the Customer without the prior written consent of a Director of the Supplier.
3.4 The Customer is entitled to 2 working days cooling off period, following the first payment, during which he or she is entitled to cancel the contract and receive undisputed refund for the full amount or for part of the contract.
3.5 The Customer is also entitled to cancel the Contract at the point of receiving adjusted Contract Price following the structural Calculations approval.
4. CONSTRUCTION TIME
4.1 The Supplier will use its best commercial endeavours to deliver the goods and, where appropriate, to complete the Services at the rate and within the time estimated in the Specification but the Supplier shall not be liable for any loss or damage whatsoever suffered by the Customer as a result of any failure by the Supplier, for whatsoever reason, to deliver the Goods or to complete the Services within the time so specified. Unless specifically agreed in writing between the Supplier and the Customer time of delivery of the Goods or completion of the Services shall not be of the essence of the Contract.
4.2 Goods will not be delivered, nor will Services be commenced by the Supplier until all and any approvals, permissions or consents, necessary for the Construction Project have been obtained, including without limitation, any planning permissions or buildings regulations consent. The Supplier will not be liable to the Customer for any delays in the provision of, or failure to provide the Goods or Services where such delays or failure arise from matters which are beyond the reasonable control of the Supplier. The Customer shall be responsible for ensuring the accuracy of any permissions or consents applied for by the Customer or by the Supplier on behalf of the Customer.
5. MATERIALS AND OWNERSHIP
5.1 The property of the goods, whether fixed or unfixed, shall not pass to the Customer until the full Contract Price of the goods and all sums from time to time owing by the Customer in respect of the goods (but excluding any charges levied for the installation or erection of the goods) to the Supplier (whether under this or any other contract) shall have been paid in full; such goods are referred to as “retained Goods”. Until payment of all such sums the Customer shall hold the retained goods in a fiduciary capacity for and on behalf of the Supplier.
5.2 Until such time as the property in the retained goods passes to the Customer, the Supplier shall be entitled at any time to require the Customer to deliver up the retained goods and shall be deemed irrevocably to authorise the Supplier to enter upon any of the Customer’s premises, with or without vehicle, for the purpose of removing the retained goods.
5.3 The repossession of retained goods by the Supplier in accordance with this clause 4 shall be without prejudice to all or any of the Supplier’s other rights against the Customer under the Contract.
5.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness the retained goods or any part of them which remain the property of the Supplier, but if the Customer does so the full Contract Price (insofar as it has not been paid) shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.
All goods delivered to the Customer whether fixed or unfixed and not withstanding clause 5.1 above shall be at the sole risk of the Customer and in the event of the Goods or any part thereof being lost, damaged, destroyed or stolen, howsoever occurring before payment for them in full has been made to the Supplier, the Customer shall nonetheless pay to the
Supplier the full value of any such goods and the full value of any of the work damaged, destroyed or lost together with any additional costs incurred by the Supplier in replacing any such goods and in reinstating or restoring any such work provided, however, the Customer shall not be responsible for any damage or loss sustained from the negligence of the Supplier or its servants or Agents.
7.1 Delivery of the goods shall be made, and risk of damage to or loss of the goods shall pass to the Customer when the Supplier delivers the goods roadside to that Customer or to a place designated by the Customer.
7.2 Claims against the Supplier for short or incorrect delivery shall be notified to the Supplier in writing within 7 working days of receipt of the goods. The Supplier shall make good shortage or errors in delivery within a reasonable time thereafter and the Supplier shall not thereafter be liable for any loss whatsoever arising out of such shortages or errors in delivery. The Customer shall not be entitled to reject the goods if no notice of short or incorrect delivery is notified to the Supplier as set out above.
7.3 All delivery dates are week commencing and are estimate only.
7.4 Provision must be made by either the client or the client’s builder for the Supplier’s waste by form of skip.
7.5 In the event the Customer fails to take delivery of the Goods (or any instalment of the Goods) or fails to give the Supplier adequate delivery instructions at the time of delivery (other than by reason of any cause beyond the Customer’s reasonable control or by reason of the Suppliers fault) then without limiting any other right or remedy available by the Supplier, may store the Goods and any relevant storage charges incurred for the same shall be charged to the Customer and be immediately due and payable, or sell the goods at the best price obtainable and charge the Customer any shortfall below the price of the goods under the Contract.
8.1 Most joinery comes to site with two coats of sealant however we recommend that further coats are applied by the Customer within 3 months of delivery. All further protection against ingress into the timber is the responsibility of and an expense of the Customer.
8.2 Oak has a tendency to swell and shrink with seasonal changes in temperature and moisture. It is quite common that joinery items need to be adjusted following installation as the units adjust to the ambient environment. Wherever joinery is trimmed following fitting it is essential that the open grain is re-treated.
9. SITE FOOTPRINT/ACCESS
In all cases the Customer is responsible for the accuracy of the groundwork or building footprint in relation to their house and garden. The Customer will be responsible for agreeing the footprint setting out prior to excavation of foundation. The Customer shall provide good access (sufficient for the use of heavy goods vehicles, lifting equipment and other machinery) and shall be responsible for rectifying any damage to any lawn, hedge, driveway or other Customer property caused by the provision of the Services including the use on the Site of any heavy goods vehicles or machinery unless such damage is caused by the negligence of the Supplier who, in such circumstances shall be responsible for the same. The Supplier will quote any repair work required but will not be responsible for cost allowed.
Oak contains natural tannins, these may leach out during the first few months after installation, manifested in brown staining to surrounding finishes. All stain marks are natural and will occur and normally fade with time. Any site protection of goods or fixtures from staining must be done by others e. g. Driveway, dwarf walls etc.
11. COMPLIANCE WITH LAW AND REGULATIONS
It shall be the sole responsibility of the Customer to comply in every aspect with all relevant Planning and Building Regulations requirements, statutes, order in council, regulations, by-laws, or other lawful requirements and to obtain all necessary consents, licenses, permits or authorities which may be required in connection with any work to be performed pursuant to the Contract notwithstanding that the Supplier may provide assistance in this respect.
12 . PAYMENT TERMS AND RETURNS POLICY
12.1 Upon entering into the Contract the Customer shall forthwith pay to the Supplier a deposit of 50% of the Contract Price.
12.2 The Customer has the right to cancel the contract within 2 working days cooling off period and receive full deposit refund. The Customer also has the right to amend the product or service specification of the contract during the 2 days cooling off period. In that case, the Company will amend the price accordingly and refund the difference if necessary. The Customer shall not be entitled to change the specification of the contract or to receive a refund after the 2 days cooling period has expired, except in the case as stated in article 12.3.
12.3 The Contract Price may change after the expiration of the 2-day cooling off period, as a result of structural calculations report, which is specific to the Customer’s location of the build. The Customer will pay the difference in estimated and actual Contract Price if applicable, or has the right to cancel the contract at this stage and receive a full deposit refund except for the cost of structural calculations service.
12.4 The Supplier may suspend delivery of Goods or the provision of the Services at any time when any sum pursuant to clauses 12.1 and 12.2 above are due but unpaid.
12.5 The Customer shall not be entitled to withhold payment as a result of any failure of any other contractor in complying with the terms of that contractor’s agreement with the Customer in connection with the Construction Project.
12.6 All products sold on this website are bespoke and made to order. According to Consumer Act 2015, the Company is therefore not obliged to accept returns and offer refund for any items delivered, unless faulty or damaged.
12.7 The Company will replace any items that may be missing, damaged during delivery as described in article 7, or faulty as described in article 15.
12.8 All payments made pursuant to this clause 12 shall be made without set-off, deduction or counterclaim by the Customer.
13. STRIKES ETC (FORCE MAJEURE)
13.1 The Supplier shall not be liable to the Customer if it is unable to carry out any provision of the Contract for any reason beyond its control including (but without limitations) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to procure parts or materials required for the performance of the Contract (“Force Majeure”).
13.2 The Supplier shall notify the Customer as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of such an event of Force Majeure the Supplier’s contractual obligations shall be suspended until the Force Majeure has fully abated, without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by reason of any such suspension.
14. DRAWINGS AND PLANS
14.1 It is the sole responsibility of the Customer to ensure that all working plans, diagrams and drawings meet with the Customer’s requirements in every aspect and furthermore, it shall be the sole responsibility of the Customer in such cases to ensure the erection of the goods in a proper and workmanlike manner.
14.2 It is the Customer’s responsibility to obtain structural calculations (either own or purchase a structural calculations package service from the Company) prior to the commencement of manufacture of the Goods. The Company is unable to replace the Goods as a result of changes in specifications following late structural calculations.
15.1 The Supplier warrants to the Customer that the structure of the Goods shall be free from material defects for a period of 24 months from the date of delivery and in relation to any other material defect which does not affect the structure of the goods (“material non-structural defect”) the Goods shall for a period of 12 months from the date of delivery of the Goods be free from material non-structural defects. For the avoidance of doubt and without limitation a defect is not a defect in the structure of the goods if it is a defect which manifests itself in the electrical or brass fitments to the goods or in the glassware comprised in the goods.
15.2 If within 24 months after delivery a material structural defect or if within 12 months of delivery a material non-structural defect shall be discovered and:-
15.2.1 The Customer notifies the Supplier in writing within 14 days after discovery giving full particulars and either at its own expense and risk (where the goods have not been erected or installed) returns the goods to the Supplier or (at the Supplier’s sole option) permits the Supplier to inspect the same; and
15.2.2 Such a defect has arisen from faulty materials employed or workmanship carried out by the Supplier existing but not discoverable upon inspection at the time of delivery of the goods, then the Supplier shall at its sole option supply replacements and in which case the Supplier shall have no further liability to the Customer. The provisions of this clause 15 shall also apply to repaired or replacement goods or Services during the warranty period.
15.3 The Supplier’s liability under this Condition applies only to defects appearing before the Customer makes any modification or alteration to the goods and whilst the goods are being properly used, stored or maintained and in particular (but without limitation) the Supplier shall not be liable in the case of defects in Goods not manufactured by the
Supplier or defects arising from:-
15.3.1 Normal deterioration;
15.3.2 Improper or faulty handling, installation or maintenance other than carried out or authorised by the Supplier;
15.3.3 Repair of or modification to the goods or Services by or on behalf of the Customer other than by the Supplier;
15.3.4 Defects in or subsidence to any structure or surface to which the goods are affixed or attached;
15.3.5 Glass damage or breakage not attributable to manufacturing defect;
15.3.6 Failure to treat the goods in accordance with the Supplier’s installation instructions;
15.4 The Customer’s rights against the Supplier under this Condition are not assignable.
15.5 The main frame material defect warranty runs from the date of delivery but shall not apply nor shall any warranty in this clause 15 apply in circumstances where all or any part of the Contract Price has not been paid in full.
16. LIMITS OF LIABILITY
16.1 Subject to the provisions of clause 16.5 below the Goods are supplied strictly on the terms that the Customer has satisfied itself of their suitability for their purpose. The Customer acknowledges that all details in brochures, quotations and acknowledgements of order or similar documents or by word of mouth and all forecasts of performances, howsoever given, are approximate only and do not form part of the Contract unless set out in the Specification.
16.2 Save in respect of death or personal injury caused by the Supplier’s negligence or liability under the Consumer Protection act 1987, the Supplier shall not be liable under the Contract, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or by way of representation (unless fraudulent) or any implied warranty, condition or other term or in any other manner for consequential or indirect loss of whatever nature suffered by the Customer or for special damages, loss of use, (whether complete or partial) of the Goods, or loss of profit.
16.3 The entire liability of the Supplier under or in respect of the Contract shall not exceed the Contract Price except as expressly provided by these Conditions.
16.4 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
16.5 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
17. GOVERNING LAW
The Contract shall be governed by the laws of England. In the event of any dispute the dispute will go to arbitration under the 1996 Arbitration Act.
18.1 Interest will be charged monthly on unpaid accounts at the rate of 4% above the Interbank Rate as published in the Financial Times.
18.2 Where the Contract is cancelled for whatever reason, the Customer shall indemnify the Supplier in full against (i) all losses, costs and expenses incurred by the Supplier up to the time of cancellation and (ii) the Supplier’s loss of profits on the Contract.
18.3 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
18.4 No term of this Contract is intended for the benefit of any third party and the parties do not intend that any term of this Contract should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.5 Any notices to be given by the Customer to the Supplier hereunder or any other communications from the Customer to the Supplier in respect of the Contract shall be in Writing and shall be effective if received by a director of the Supplier, but not otherwise.
19.1 Where the goods are supplied for export from the United Kingdom, the provisions of this Condition 17 shall (subject to any special terms agreed in writing between the Customer and the Supplier) apply notwithstanding any other provision of these Conditions.
19.2 The Customer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
19.2 The goods will be sold ex works.
The Supplier reserves the right to photograph the completed project for our records and/or marketing. Copies will be available at a nominal cost, but copyright will remain that of the Supplier.
21.1 The Supplier does not recommend or guarantee the work of any third parties who may be contracted by the Customer on the Construction Project. No implied/collateral contract exists between the Customer and the Supplier in respect of any Goods or Services by any other party for the purposes of the Construction Project.
Oak Products Limited t/as Oak Beams and Frames Direct, The Mill, Isaac’s Lane, Haywards Heath, West Sussex RH16 4RZ
Tel: 01444 44 00 11
Registered office: Oak Products Limited t/as Oak Beams and Frames Direct., The Lodge, Greentree Lane, Partridge Green, West Sussex RH13 8EU Registration No: 4645843