Terms and Conditions
English Heritage Buildings LLP
Terms and Conditions of Business
Your attention is particularly drawn to clauses 8 and 13.
All Materials must be assembled within three [3] months of delivery and all Materials should be stored appropriately and in accordance with any instruction given by us.
1. INTERPRETATION
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
- Building: means the structure to be erected using the Materials and/or Services.
- Building Consent: means all consents, permissions, and approvals whether of a public or private nature which shall be required for the installation and/or use of any Building.
- Delivery Location: means the delivery as set out in the Order Specification.
- Force Majeure Event: shall have the meaning given in clause 14.
- Materials: the products that we are selling to you as set out in the Order Specification.
- Order: your order for the Materials and/or Services as set out in the order Specification.
- Order Documents: the meaning given to it in clause 2.1.
- Order Confirmation: shall have the meaning set out in clause 2.5.
- Order Specification: means the form provided by us to you setting out the Materials and/or Services to be purchased by you.
- Production Drawing: means the plans provided by us to you setting out the design of the Building.
- Regulations: means the Consumer Protection (Distance Selling) Regulations 2000, and as amended.
- Services: the services we are providing you as set out in the Order Specification.
- Terms: the terms and conditions set out in this document.
- Us, our or we: English Heritage Buildings LLP of Woods Corner, East Sussex, TN21 9LQ Tel: 01424 838643 Email sales@ehbp.com Website: www.ehbp.com Company registered in England No OC362913 Registered Office: As above.
- Writing or written: includes letters, faxes and e-mail.
- You or your: the person, company or organisation purchasing Materials and/or Services from us as is stated in the âCustomerâ section of the Order Documents.
1.2 Headings do not affect the interpretation of these terms.
2. BASIS OF SALE
2.1 These Terms, the Order Specification and Production Drawing (together the âOrder Documentsâ) are considered by us to set out the whole agreement between you and us for the sale and purchase of the Materials and/or Services. Please check that the details in the Order Documents are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Materials and/or Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Materials and/or Services.
2.3 If any of these Terms are inconsistent with any term of the Order Specification, the Order Specification shall prevail.
2.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. For the avoidance of any doubt the Order Specification or any of the other Order Documents do not constitute offers which are capable of acceptance.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order (âOrder Confirmationâ); or
(b) we notify you that the Materials are ready,
(c) we notify you the confirmed date upon which we are to provide the Services.
Whichever is the earlier, at which point a contract shall come into existence between us.
2.6 Any quotation for the Materials and/or Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of thirty [30] calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.7 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 Either party may at any time before any agreed delivery date amend or cancel an Order by providing to the other party of their intention to do so by written notice. Termination will not affect either partyâs rights or duties. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, including but not limited to any Materials and/or Services already supplied, design time, drawings, administration costs materials and services already committed to your order, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
2.9 Due to the bespoke nature of the Materials and/or Services each Order is specific to you. Should you cancel your Order at any stage after we have started the process of fulfilling your Order then the cost which we have incurred (and therefore which you are responsible for) are likely to be high. Please note, that due to the bespoke nature of the Materials and/or Services, it is unlikely that we will be able to resell any Materials and/or Services to any other customer whether the Order is completed or not.
2.10 In the unlikely event you are deemed to be a consumer under the Regulations and the Regulations apply to you and this contract, you acknowledge that due to the bespoke nature of the Materials any rights to cancel a contract for the supply of goods given to consumers under the Regulations shall not apply to the supply of Materials under this contract.
2.11 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systemâs capabilities. You will be subject to the policies and terms in force at the time that you order the Materials and/or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.12 Your telephone call may be recorded for training or monitoring purposes.
2.13 Any advice or typical details that any of our employees may suggest to you is general advice and will need to be checked by you with the relevant service provider and/or Building Control officer. Details may be different dependent on Country and geographical area and you must ensure that they are relevant for your building.
2.14 If you ask us to manufacture a frame that has not been designed by us then you will need to supply us with full structural calculations and jointing details. We will then ask you to sign off our model and jointing prior to manufacture.
3. PRE-ORDER
3.1 It is your responsibility to ensure that you have obtained any necessary Building Consent which may affect the ability to install or use the Building.
3.2 You should ensure that you are fully aware of what further costs may need to be incurred with other parties on the Building in addition to the Materials and/or Services being supplied by us. These further costs may include Building Consent, planning or other consents, groundworks, assembly of the Building, decoration, roofing, plumbing, electrics etc.
3.3 You are responsible for providing all necessary information needed by us to process your Order. This will include the specification of the Building required, details of any partitions, joinery roof or other options, the full address (including postcode) for delivery of the Building, your full contact details and any other relevant information regarding the Building specification, delivery restrictions or requirements and timing.
3.4 The Materials and/or Services being supplied by us are as detailed in the agreed Order Documents. You should note that some items and features may be detailed on the Production Drawing which do not form part of the Materials and/or Services being supplied by us and these must be supplied and installed by you or your own contractor. Any such items will be notated on the Production Drawing as âby othersâ or otherwise indicated as to which contractor is to supply and/or install these items or features.
4. THE MATERIALS
4.1 We warrant that on delivery and for a period of 12 months from the date of delivery, the Materials shall:
(a) conform in all material respects with their description subject to any qualification or representation contained in the brochures, advertisements or other documentation;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Materials are fit for or for any reasonable purpose for which you use the Materials;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Materials in the United Kingdom.
4.2 The structural oak frame is guaranteed for a period of 10 years, details of which are shown in the guarantee document. The 10 year guarantee document will be dispatched once final balance payment is made.
4.3 This warranty and guarantee are in addition to your legal rights in relation to Materials which are faulty or which otherwise do not conform with these Terms. Advice about
your legal rights is available from your local Citizensâ Advice Bureau or trading standards office.
4.4 This warranty and guarantee does not apply to any defect in the Materials arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Materials in a way that we do not recommend, your failure to follow our instructions, failure to treat the Building or any part of it appropriately and in accordance with all advice provided by us, failure to follow our post assembly guidelines, or any alteration or repair you carry out, including any extensions, without our prior written approval.
4.5 Any materials which are accepted by us as faulty and covered by the guarantee will be replaced or repaired at our discretion. Any making good or redecoration following replacement or repair under the guarantee will be your responsibility.
4.6 We will take reasonable steps to pack the Materials properly and to ensure that you receive your Order in good condition.
4.7 These Terms apply to any repaired or replacement Materials we supply to you in the unlikely event that the original Materials are faulty or do not otherwise conform to these Terms.
5. THE SERVICES
5.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
(a) conform in all material respects with their description;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;
(d) are free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
5.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizensâ Advice Bureau or Trading Standards office.
5.3 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform to these Terms.
5.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
5.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
5.6 Where we supply the Services for domestic and private use you agree not to use the Services for any commercial purpose.
6. DELIVERY OF MATERIALS
6.1 Delivery dates can vary and are usually approximately 7-11 weeks from the date of the production drawing approval by the customer. We will provide you with written confirmation of expected delivery dates when your signing pack is returned.
6.2 Delivery of the Order shall be completed when the Materials arrive at the Delivery Location or if Materials are to be collected by you, when we notify you that the Materials are ready for collection or otherwise under clause 6.7.
6.3 We will take reasonable steps to meet the delivery date provided after the signing pack is returned. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please note that due to the nature of the Materials any dates quoted or agreed for delivery of the Materials are approximate only, and the time of delivery is not of the essence. Additionally, we shall not be liable for any delay in the delivery of the Materials that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions which are relevant to the supply of the Materials. You agree that, due to the nature of the Materials, that approximate delivery dates are, in the circumstances, fair and reasonable. We will not be liable for any costs you may incur as a result of any delayed delivery.
6.4 If you fail to take delivery of an Order within fourteen [14] calendar days of the date on which we notify you that the Materials are ready, then, except where this failure is caused by our failure to comply with these Terms or by Force Majeure Event:
(a) we will store the Materials until delivery takes place and may charge you a reasonable sum to cover our expenses relating to the storage.
(b) we shall have no liability to you for late delivery.
6.5 If you have not taken delivery of the Materials within six [6] weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Materials and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Materials or charge you for any shortfall below their price.
6.6 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6.7 Due to the nature of the Materials, a large lorry is required for delivery and a vehicle gap clearance is required of approximately 3m (provided the lorry can approach any gaps square on) sufficient for a vehicle of 2.55m wide x 11m in length and 6.1m in height to enter. Should our delivery driver in his sole and absolute discretion determine that access to site is not possible due to any restrictions, then the delivery of the Materials shall be at nearest suitable drop-off point only (normally a kerbside or driveway) and unless agreed otherwise it will be your responsibility to transport the Materials to the Delivery Location at your own cost.
6.8 We accept no responsibility for the suitability or strength of the access route on your property and we will not accept any claims for damage to any drive, verge, lawn or gardens should the access route prove to be unsuitable for the delivery lorry or that of any sub-contractor.
6.9 You accept that the nature of the Materials is such that tannin may come out of the timbers and cause staining to the surrounding area. You are therefore responsible for selecting a suitable Delivery Location and we will not accept any claims for stain damage to the surrounding area.
6.10 It is your responsibility to provide free and unobstructed access for delivery and subsequent usage of the Materials. The costs of any failed, abortive or return delivery shall be payable by you.
6.11 The Materials are large and sectional and will not fit through a standard pedestrian door. As indicated in section 6.10, it is your responsibility to notify any access concerns to us at point of your Order.
6.12 You or your authorised representative must sign for all delivered Materials on delivery using the delivery note the driver will have.
6.13 The Company will not be responsible for any abortive or other costs incurred by you due to a failed delivery.
7. PROVISION OF SERVICES
7.1 If you are purchasing Services these will be stipulated in the Order Specification and Schedule 1 shall apply.
7.2 We will supply the Services to you at suitable dates to support the dates for any delivery and/or assembly of the Materials or as otherwise agreed between the parties in writing. You agree that an exact time for supply of the Services cannot be given as the time for provision of the Services is dependent on a wide array of factors. All times given are, therefore, estimates only and we will not be liable for any late delivery of the Services.
7.3 We shall use all reasonable endeavours to provide the Services within a reasonable time of us being able to do so or as otherwise agreed in writing between the parties.
7.4 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
7.5 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
8. DEFECTIVE MATERIALS AND RETURNS
8.1 In the unlikely event that the Materials do not conform to the Order Specification, please let us know with full details of the damaged and/or missing Materials on delivery. Any notification should, in the first instance, be to: 01424 838110. Materials must be inspected whilst the delivery driver is at the Delivery Location and the damaged and/or missing Materials noted on the delivery note. We will collect any allegedly defective Materials on a date agreed between us and you or ask you to return the Materials to us at our cost and once we have checked that the Materials are faulty, we will:
(a) provide you with a full or partial refund; or
(b) replace the Materials; or
(c) repair the Materials.
8.2 If on inspection the returned Materials are found by us, in our sole discretion, as described for sale, you will be liable to pay any and all costs we have incurred:
(a) in the production and delivery of the Materials to you;
(b) in conjunction with the return of the Materials to us; and
(c) twenty [20] percent of the list value of the Materials as a restocking charge.
8.3 We will not be liable for any Materials which have been damaged whilst on site, during assembly or having been erected unless the damage was caused by one of our own
contractors. Materials which are returned and in our sole discretion suffered damage on site will be deemed as being sold as described for sale and clause 8.2 shall apply to these Materials.
8.4 You must inspect all Materials and satisfy yourself that the Materials supplied are sound, as described and complete prior to assembling the Building. Once assembly has started the Materials will be deemed to be sound, as described and complete and we will not be liable under clause 8.1.
8.5 All timbers are inspected at the time of manufacture. Due to the nature of Materials we cannot accept any responsibility for timber shrinkage, cracking, warping, natural timber defects or tannin stains. Any timbers displaying any of these natural characteristics are still fit for purpose and as described and will not be accepted as faulty or damaged. You may wish to refer to the Timber Research and Development Association (TRADA) website for further details on the characteristics of timber. This can be found at www.trada.co.uk.
8.6 We will not be liable for any costs you may incur as a result of any defective materials, replacements or returns.
8.7 These Terms will apply to any repaired or replacement Materials we supply to you.
9. DEFECTIVE SERVICES
9.1 In the unlikely event that the Services do not conform to these Terms, please let us know as soon as possible after we have carried them out. We will, in our sole discretion:
(a) provide you with a full or partial refund; or
(b) re-perform the Services.
9.2 These Terms will apply to any replacement Services we supply to you.
10. TITLE AND RISK WITH MATERIALS
10.1 The Materials will be your responsibility from the time of delivery under clause 6.2.
10.2 Ownership of the Materials will only pass to you when we receive payment in full of all sums due for the Materials and/or Services, including delivery charges.
10.3 Should you obtain Materials or Services prior to full payment, you accept that we retain the right to demand and receive immediate settlement of all outstanding monies prior to transfer of legal ownership, or you grant us unrestricted access to reclaim the Materials.
11. INTELLECTUAL PROPERTY
11.1 The copyright, design right and all other intellectual property rights in any Materials, materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
11.2 Where we supply the Materials, documents or other items detailed in 11.1 you may not use them for any commercial purpose unless first agreed in writing with us.
11.3 You agree to allow us to use any photographs taken by us of any Building being supplied by us during and after its assembly. You agree to allow us free of any charge to use any photographs taken for our promotional and advertising purposes and any other purposes we in our reasonable discretion so choose.
12. PRICE AND PAYMENT â MATERIALS AND/OR SERVICES
12.1 The price of the Materials and/or Services will be as set out in the Order Specification we provided to you or, if we have not provided an Order Specification or it has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
12.2 Prices quoted in the Order Specification or current price list include VAT. However, if the rate of VAT changes between the date of the Order and the date of payment by you, we will adjust the VAT you pay, unless you have already made all of your contract payments in full before the change in the rate of VAT takes effect.
12.3 It is always possible that, despite our best efforts, some of the Materials we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Materialsâ correct price is less than our stated price, we will charge the lower amount when dispatching the Materials to you. If the Materialsâ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Materials, or reject the Order and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Materials to you at the incorrect (lower) price.
12.4 Payment for all Materials and/or Services will be made in accordance with the Order Specification.
12.5 Payments are only accepted in British Pounds Sterling.
12.6 Payments are only accepted by the following means; cheque (made payable to âEnglish Heritage Buildingsâ), BACS (electronic banking), cash, Visa, Delta and MasterCard.
12.7 Our payment schedule is detailed below:
Amount | Name | Date |
---|---|---|
25% | Deposit | Payable on order |
40% | Pre-manufacturing | Payable before building is placed into manufacturing schedule |
35% | Pre-delivery | Payable 10 days prior to delivery |
12.8 Upon placing your order, you will promptly receive an order acknowledgment email containing an estimated delivery date. Once acknowledged, should you require a modification to the delivery date, we kindly request that you contact us without delay. Such requests should be made no later than 2 weeks prior to your originally scheduled delivery date. Our team will be pleased to provide you with a comprehensive overview of the available options. It is important to note that the payment date will remain unchanged, irrespective of any alterations to the delivery date.
(a) Failure to comply with the pre-delivery payment deadline without prior communication with our organisation will lead to the imposition of a minimum administrative charge of 3% for any rescheduling requests. The minimum charge for garages will be ÂŁ250, while for porches, it will be ÂŁ100.
12.9 We actively strive to prevent credit/debit card fraud. All card based orders without exception are subjected to a cardholder name, address and other security checks as deemed necessary.
12.10 Unless agreed otherwise by both parties invoices are raised by us at the point of our receipt of the relevant payment in cleared funds.
12.11 You are responsible for providing any evidence deemed necessary by us to support any claim that your project should be entitled to reduced or zero VAT rating on your project under current UK Legislation. We will confirm at our sole discretion whether the order can be zero rated based on the supporting information provided by you.
13. LIMITATION OF LIABILITY
13.1 Subject to clause 13.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
13.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
However, this clause 13.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
13.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Materials Act 1979 or section 2 of the Supply of Materials and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13.4 We will not be liable for any actions, errors, omissions or the quality or accuracy of items supplied or work done by any third party contractors engaged directly by you.
13.5 It is your responsibility to satisfy yourself as to the suitability of any third party contractor engaged directly by you regardless of whether the third party has been introduced to you by us or our representatives. We will not accept any liability for any actions, goods or services provided by a third party contractor.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
14.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
15. ASSIGNMENT
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent,
which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
16. NOTICES
All notices sent by you to us must be sent to English Heritage Buildings at our correspondence address or to sales@ehbp.com. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
17. DATA PROTECTION
17.1 We will only use the personal information you provide to us to provide the Materials and/or Services (including passing your details to an appointed carrier to enable direct delivery and communication), or to inform you about similar products or services which we provide, unless you tell us that you do not want to receive this information.
17.2 You acknowledge and agree that we may pass your details to credit reference agencies.
18. GENERAL
18.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
18.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
18.4 In the event of any complaint or grievance, you should initially make contact by telephone on 01424 838110, followed by a formal email complaint to info@ehbp.com or letter to our correspondence address. For efficient handling, you should state upon all correspondence:
(a) your name;
(b) your address;
(c) your sales invoice number or order number;
(d) the product; and
(e) a description of your complaint.
We shall endeavour to promptly resolve any complaint and/or respond with our position. Should a response not be received within 5 working days, please send a further request for the attention of The Manager. It is our intention to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
18.5 The contract constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence and negotiations between them relating to its subject matter. Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this contract. Each party agrees that its only liability in respect of those representations and warranties that are set out in this contract (whether made innocently or negligently) shall be for breach of contract.
18.6 These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
SCHEDULE 1 – Services
Definitions:
- Drawing Services: CAD or technical drawings giving a graphical representation of the assembled Building and/or any part thereof.
- Planning Services: services to apply for or provide information in support of a planning application for a Building.
- Design & Access Statement: short report accompanying and supporting a planning application to illustrate the process that has led to the development proposal and to explain and justify the proposal in a structured way.
- Groundworks: installing suitable foundations and brickwork upon which the Materials are to be assembled.
- Assembly: means the assembly of the Building from the Materials.
- Plant: additional machines or equipment (such as cranes, scaffolding, portable toilet, trackway etc) required to support the delivery, assembly or provision of Services.
- Building Control Officer: person with the authority to control building work that is subject to Building Regulations.
- Roofing Services: services to install a roof on the Building including the installation of roof insulation, breather membrane, felt, battening and roof tiles, slates or other such covering.
- DRAWING & PLANNING SERVICES
1.1 Payments by you for designs or drawings are non-refundable once the design or drawing has been prepared or committed to by us.
1.2 Following payment by you for Drawing Services, should you proceed to order substantially the same Building as drawn the price paid for the Drawing Services will be credited against the price as set out in the Order Specification. If, in our sole discretion, substantial changes are made to the Building design as set out in the drawing, then no credit will be given for any sum already paid for the Drawing Services.
1.3 Any Drawing Services supplied will clearly state the purpose for which the drawing is suitable. A drawing supplied for planning purposes will not normally be suitable for production or give construction details or detailed dimensions for the Building.
1.4 All intellectual property (including copyright) in any designs and drawings remain with us.
1.5 Fees paid for Planning Services are non-refundable regardless of the planning outcome. Provision of Planning Services does not guarantee a successful outcome and any indication of outcome cannot be guaranteed as each case is considered by the Local Authority Planning Officer on an individual case-by-case basis.
1.6 The price of the Planning Services as stated on the Order Specification will include a site visit to take details for a Design & Access Statement and to produce the information necessary to submit and monitor a planning application including disbursements. The price payable for Planning Services does not include any Local Authority fee. There may also be a further charge payable by you to produce a planning drawing for the Building which may be needed to submit a planning application. All fees payable will be stated in the Order Specification.
1.7 We use outside resources for some technical solutions like structural calculations. Whilst we endeavour to meet the timescales quoted for these services we will not be liable for any costs you incur as a result of these being delayed.
1.8 Any advice or typical details that any of our employees may suggest to you will need to be checked by you with the relevant service provider and/or Building Control officer. Details may be different dependant on Country and geographical area and you must ensure that they are relevant for your building.
- GROUNDWORKS SERVICES
2.1 Groundworks (including any brickwork) to make the proposed site of the Building suitable for the installation of the Building are to be provided by you or your appointed contractor.
2.2 You are responsible for ensuring the quality of the Groundworks and that the Groundworks are structurally suitable to accept the Building in accordance with the latest agreed version of the Production Drawing provided by us, have allowed for any finished floor make-up and complies with any other requirements (e.g. Building Regulations). We will not be liable for any error or omission on the part of a third party builder contracted by you.
2.3 Bricks included in the Order Specification are custom made and of a unique size and specification to your Order. You must inform your builder of the sizes supplied by us. We can only give an estimate of the quantity of bricks required and you will need to liaise with your builder to ensure that a correct quantity is included in the Order Specification. We will not be liable for any loss or inconvenience caused as a result of an incorrect quantity of bricks requested by you and any further order of bricks will be chargeable and will incur additional delivery charges payable to us by you.
2.4 If bricks are to be included in the Order Specification we shall use our reasonable endeavours to supply sufficient bricks for a total of three courses or rows below the damp proof course on all relevant walls as well as the number of bricks agreed between you and us to be placed above the damp proof course to achieve the requisite eaves height.
2.5 We will not be liable for any actions or works carried out by you or your privately engaged labour which impact on the ability to carry out any part of the Groundworks or exposes or causes any damage to any parts of adjoining structures.
2.6 You are responsible for ensuring that the specification of your Groundworks are suitable for your particular site and Building and meet any Building Control requirements. Any footing details on our Drawings are indicative only and any suggested details given by us for your Building can not be relied upon to meet Building Control requirements. You accept that any specification or design of the Groundworks can be changed upon request of the Building Control Officer during the installation of Groundworks You will be responsible for any additional costs that are incurred due to any such change in specification.
2.7 It is your responsibility to satisfy yourself as to the suitability of any third party groundworks contractor engaged directly by you regardless of whether the third party has been introduced to you by us or our representatives. We will not accept any liability for any actions, goods or services provided by a third party contractor.
- ASSEMBLY SERVICES
3.1 All Materials are sold and supplied for self-assembly by you or your appointed contractor.
3.2 You should not arrange or commence any Assembly until you have received your Materials and have fully checked that they are both complete and sound.
3.3 We will not bear any abortive costs arising from you or your privately employed labour, due to your failure to check the product, or carrying out assembly whilst awaiting receipt of any missing or replacement parts.
3.4 You must install the materials in accordance with the agreed Production Drawing and our standard installation instructions. We will not be liable for any additional costs or later implications if you request any changes or variations to the agreed Production Drawing or standard installation instructions.
3.5 Timber doors can expand and contract in response to humidity levels and after the fixing the doors it may be necessary to adjust them. You should treat the doors in accordance with our aftercare instructions in order to maintain maximum life and give them suitable protection from water ingress.
3.6 It is your responsibility to satisfy yourself as to the suitability of any third party assembly contractor engaged directly by you regardless of whether the third party has been introduced to you by us or our representatives. We will not accept any liability for any actions, goods or services provided by a third party contractor.
- ROOFING SERVICES
4.1 Roofing Services are to be provided by you or your appointed contractor.
4.2 The Materials supplied by us will take into account the roof make-up as shown on the agreed Production Drawing supplied by us. If any different configuration is required or installed, we will not be liable for any additional costs or work required to adapt or replace any components to accommodate the different specification.
4.3 You are responsible for ensuring the quality of the roofing and that the roofing is suitable to integrate with the Building in accordance with the latest version of the Production Drawing provided by us. We will not be liable for errors or omissions on the part of a third party roofer contracted by you.
4.4 We will not be liable for any actions or works carried out by you or your privately engaged labour.
4.5 It is your responsibility to satisfy yourself as to the suitability of any third party roofing contractor engaged directly by you regardless of whether the third party has been introduced to you by us or our representatives. We will not accept any liability for any actions, goods or services provided by a third party contractor.