Terms & Conditions

Terms & Conditions

Terms & Conditions
 

1: General a. All quotation offers for the sale or acceptances of order are subject to the following express terms and conditions and these conditions shall apply not withstanding any conditions to the contrary in the buyers conditions (which in so far as they are inconsistent with them conditions are deemed to be waived).
b. All timber is sold under the timber trade warranty clause vis:- goods are not tested or sold as fit for any particular purpose. Any terms warranty or condition express, implied or statutory to the contrary is excluded. In no circumstances what so ever shall the sellers (in contract tort or otherwise) to the buyers arising under, out of, or in connection with this contract or goods supplied exceed the invoice price of the particular piece(s) in regard to which the complaint is made.

2. Price Quotations are based on current prices after which they may be varied without notice to prices ruling of time of acceptance of order. The price or prices quoted may be varied due to justifiable increases in cost and the invoice prices will be those ruling at the date of despatch of the goods.

3. Value Added Tax All prices quoted are exclusive of value added tax and value added tax payable in the reset of goods supplied will be born by the buyers.

4. Payment a. Payment must be made cash when the order is placed or apon such terms as the seller may from time to time extend to buyer which terms may be withdrawn by the seller at any time. If the buyer should commit a breach of any such terms then the seller may its election with prejudices to any other rights it may have, suspend any further delivery or cancel the contract.
b. Any order once placed cannot be cancelled except by mutual agreements in writing and then only on such terms which would indemnify the seller.

5. Delivery a. All goods must be signed for at the time of delivery.
b. Where contracts provide for a single delivery, goods shall be delivered and excepted as soon ready unless specifically agreed otherwise by the seller in writing.
c. Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not violate the contract as to the remaining deliveries.
d. While every effort will be made by the seller to effect delivery in accordance with any pre-arranged dates, no guarantee as to the dates of delivery by the seller is to be implied and the seller will not except for any loss or damage occasioned by the delay and delivery however caused.

6. Quantity variations A shortage or surplus, charge pro rata, not exceeding 10% will be considered due execution of any order.

7. Claims a. The buyer shall be deemed to have excepted the goods if he retains them for more than 7 days without notifying the seller IN WRITING that he has rejected them.
b. Any complaint or claim must be notified to the seller in writing within 7days of the receipt of the good by the buyer, or if related to the transport of goods within such time bas will enable the seller to comply with the time limit and procedure of the carriers by whom the goods were transported. Where a complaint is made the consignment as a whole must be retained or returned and no claim what so ever will be excepted for portion or a part of any consignment unless agreed to in writing by the seller.
c. In the absence of any complaint or claim in the above period shall be conclusive evidence in any proceedings that the seller has fully discharged all its obligations under the contract and particular that the goods were conformity with the contract in all respects.
d. The return of the goods will not be excepted UNTIL the seller or his representative shall have HAD an opportunity of examining them.
e. NO CLAIMS CAN BE CONSIDERED IF THE GOODS HAVE BEEN CHANGED IN ANY WAY FROM THE FORM IN WHICH THEY WERE SUPPLIED. Any further machining cutting or processing would deem the material to have been accepted.

8. Passing of the property a. Not withstanding that the buyer or his agents obtain possessions of the goods, all or any such goods will remain the property of the seller until such time as the payment is made in full to the seller who shall be entitled to all rights of access to buyers premises to enforce his rights here under.
b. If the buyer does not pay on the due date of payment the seller shall be at liberty on its own account to sell or otherwise deal with or disposed of the said goods in such a manner as it may deem fit.
c. Until such payment in full discharge of payment is made the buyer is required to store or mark the goods in such a way to indicate that they remain the property of the seller.
d. In the event of the buyer reselling or otherwise disposing of the goods or any part there of before the property there in as passed to him by virtue of clause 8a hereof then the buyer will, until payment in full to seller of the goods hold in trust for the seller all his rights until such contract or resale or any other contract in pursuance of which the goods or any part therefore are disposed of or any contract by which the property comprising the said goods or any part thereof is or is to be disposed of any monies or other consideration received by him there under.

9. Third party liability The seller shall be under no liability in respect of any damage or lost third parties caused directly or indirectly by the goods in any way what so ever and buyer shall at all times indemnify the seller against such loss or damage.

10. Assignment The buyer shall not assign the contract as a whole or in part without the written consent of the seller.

11. Determination of contract If the buyer shall make default in or commit a breach of the contract or of any other of his obligations to the seller, or if any distress or execution shall be levied apon the buyers property or assets, or if the shall make or offer to make any arrangement or composition with creditors, or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy shall be presented or made against him, or if the buyer is a limited company and resolution or petition to wind up such companies business (other than for the purpose of amalgamation or re construction) shall be passed or presented or if a receiver of such companies undertakings property or assets or any part there of shall be appointed the seller shall have the right forth with to determine any contract subsisting and apon written notice of such determination being passed to the buyers last known address and subsisting contracts shall be deemed to have been determined without prejudice to any claim or right the seller make or exercise.

12. Force majeure The performance of all contracts is subject to variation or cancellation by the seller owing to any act of god, war, strikes, lock outs, or any other industrial action, flood, drought, tempest, insect or fungicidal attack or any other reuse beyond the control of the seller or owing to any inability by the seller to procure materials or articles required for the performance of the contracts and the seller shall not be held responsible for the inability to deliver cause by any such contingency.

13. Arbitration Any dispute under the contract shall be referred to an arbitrator or arbitrators to be appointed by the parties or in default of agreement by the president of the law society for the time being and his or their decision shall be binding on both parties, and this shall be a submission to arbitration with the Arbitration Act, 1950, or statutory modification thereof for the tie being in force.

14. Applicable law The contract shall be governed by the laws of the country in which the seller domiciled or, in the case of a limited company the country in which the registered office of the seller is situated.

15.Please note that timber is a natural product. All timber is supplied by Wood Warehouse/Forest Joinery. The timber is untreated therefore the customer/end user must undertake any treatment for timber pests and weather as necessary.

16.ALL THE GOODS REMAIN THE PROPERTY OF WOOD WAREHOUSE / FOREST JOINERY UNTIL PAYED FOR IN FULL.