|
Terms & Conditions
GENERAL
Swedish Log Cabins Ltd trading in the style of Thor Log Cabins (the company), submits all quotations and price lists and accepts all orders subject to the following conditions of contract which apply to all contracts for goods supplied or work done by them or their employees to the exclusion of all other representations, conditions or warranties, express or implied.
The buyer agrees to execute and return any license agreements as may be required by the company in order to authorise the use of those licensable items. If the licensable item is to be resold this condition shall be enforced by the re-seller on the end customer.
Each order received by the company will be deemed to form a separate contract to which these conditions apply and any waiver or any act of non-enforcement or variation of these terms or part thereof shall not bind or prejudice the company in relation to any other contract.
The company reserves the right to re-issue its price list at any time, and to refuse to accept orders at a price other than at the price stated on the price list in force at the time of order.
The company reserves the right to vary the specification or withdraw from offer any of its products without prior warning.
The company reserves the right to refuse to accept any contract that is deemed to be contrary to the company's policies in force at the time.
PRICING
All prices shown on the company’s price list, or on quotations offered by them, are based upon the acceptance of these conditions. Any variation of these conditions requested by the buyer could result in changes in the offered pricing or refusal to supply.
All quoted pricing is in Pounds Sterling and is exclusive or inclusive of VAT as stated on the quotation at the time, and delivery unless explicitly stated on the quotation. In addition to the invoiced value the buyer is liable for all import duty as may be applicable in the buyer’s location. If there is any documentation required for import formalities, whether or not for the purposes of duty assessment, the buyer shall make this clear at the time of order.
DELIVERY
All delivery times offered by the company are to be treated as best estimates and no penalty can be accepted for non-compliance with them. The standard estimation of delivery terms is 4 weeks or less from acceptance of order or resolution of any technical issues, whichever is the later.
Delivery shall be made by the company using a transport service of its choice. The cost of the delivery plus a nominal fee for administration will be deemed to be included in the invoice as issued unless transport is delayed due to the buyer’s direct fault. If multiple shipments are requested by the buyer after acceptance of contact by the company then multiple delivery charges will be made to the buyer. In the case of multiple deliveries separate invoices will be raised.
If requested at the time of ordering an alternative delivery service can be used, but only if account details are supplied to the company so that the delivery can be invoiced directly to the buyer by the delivery service.
The buyer accepts that any scheduled orders which has not been delivered by the company to the buyer due to buyer’s action within twelve months from the date of acceptance of the original order, can be shipped and invoiced by the company in full at any time after completion of that twelve month period.
INSURANCE
All shipments from the company are insured by them. If any goods received by the buyer are in an unsatisfactory condition, the following courses of action shall be taken.
If the outer packaging is visibly damaged, then the goods should not be accepted from the courier, or they should be signed for only after noting that the packaging has sustained damage.
If the goods are found to be damaged after unpacking, the company must be informed immediately.
Under no circumstances should the damaged goods be returned, unless expressly authorised by the company.
If the damage is not reported within 48 hours of receipt, the insurers of the company shall bear no liability.
Any returns made to the company for any reason, at any time shall be packaged in the original packaging, or its direct equivalent and must be adequately insured by the buyer.
Any faults with the product whether they be actual faults or imaginary faults by the client has to be reported to the company as soon as they are detected, the company reserves the right to charge for imaginary faults which has lost the company time. Time is chargeable at a standard rate of £30 per hour.
PAYMENT
The company's terms of payment are 30 days net month end in the bank account of the company. Subject to the following conditions and variations.
The company will charge a deposit of no less than 30% of the full contractual price on placement of order.
The company will then charge the outstanding amount up to and including the full payment for the order as specified on the Payment Terms on the first deposit Invoice issued to the buyer.
Any charges incurred in making the payment, either currency conversion or otherwise shall be paid by the buyer.
The company reserves the right to charge interest at a rate of 2% above the base rate of Barclays Bank PLC on any overdue accounts.
TECHNICAL SUPPORT
The company offers a technical support telephone line which may be a person within the company’s office, and an email address. Also it will accept faxed support queries.
Technical support will be given free of charge for 6 normal business working hours, for queries regarding the erection of the product. Features not documented in the user manual or a written offer of the company will not be supported. Usage of the product other than that as specified as normal usage is not supported by the company and the buyer accepts that the company will not be liable for any damage or faults with the product if this is the case.
WARRANTY
The company offers as part of a purchase contract 12 months warranty against parts and defective workmanship of wood elements of a product. The basis of this warranty is that the fault be discussed with the company's technical support staff before any return or action is taken. If it is agreed that a workman visit for repair is necessary then the faulty item and any other component of the product as requested by those staff shall be returned carriage paid to the company. Insurance terms as discussed in the INSURANCE section will apply.
Returned goods will not be accepted by the company unless this has been expressly authorised.
Warranty repaired goods will be handed back to the buyer carriage paid by the company using their preferred method.
Faults incurred by abuse of the product (as defined by the company) is not covered by the warranty.
Attempted repair or alteration of the goods as supplied by the company, by another party immediately invalidates the warranty offered.
Under no circumstances will the company be liable for any incidental or consequential damage or expense of any kind, including, but not limited to, personal injuries and loss of profits arising in connection with any contract or with the use, abuse, unsafe use or inability to use the company's goods.
The company's maximum liability shall not exceed, and the customer's remedy is limited to, either i) repair or replacement of the defective part or product or at the company's option ii) return of the product and refund of the purchase price, and such remedy shall be the customer's entire and exclusive remedy.
Warranty of erection by the company is limited to 12 months after final completion of works as specified in the sales contract between the company and the buyer.
PASSING OF RISK AND TITLE
The passing of risk for any supply made by the company shall occur at the time of delivery. The title however shall not pass to the buyer until payment has been received in full by the company.
INTELLECTUAL PROPERTY
The buyer agrees to preserve the IPR of the company at all times, and that no contract for supply of goods involves loss of IPR by the company unless expressly offered as part of the contract by the company.
GOVERNING LAW
This agreement and performance of both parties shall be governed by English law.
Any disputes under any contract entered into by the company shall be settled in a court of the company’s choice operating under English law, and the buyer agrees to attend any such proceedings. No action can be brought arising out of any contract more than 12 months after the completion of the contract.
INDEMNITY
The buyer shall indemnify the company against all claims made against the company by a third party in respect of the goods supplied by the company.
SEVERABILITY
If any part of these terms and conditions is found to be illegal, void or unenforceable for any reason, then such clause or section shall be severable from the remaining clauses and sections of these terms and conditions which shall remain in force |
|