Terms and Conditions of Sale
The Customer must read the Company’s Terms and Conditions of Sale carefully. If any term or condition is not fully understood the Customer is hereby advised to contact the Company for clarification.
The ‘Company’ means Timber Neutral Limited t/a Out The Woods Timber Flooring, PO Box 11067, Leicestershire, LE12 8XR United Kingdom. E-mail: [email protected] Telephone: 01509 812020.
The ‘Customer’ means any person, company or third party with whom the Company contracts for the supply of goods and/or services. The Customer’s address and contact details are as supplied to the Company and as detailed in the Contract.
The ‘Goods’ means any goods, which are the subject of the Contract.
The ‘Services’ means any services, which are the subject of the Contract.
The ‘Contract’ means a legally binding agreement whereby the Customer agrees to purchase Goods and/or Services from ‘The Company’ as detailed on the Company’s invoice.
The ‘Order’ means a purchase order, either verbal or written, given by the Customer to the Company to Contract for the Goods under these Terms & Conditions of sale.
The ‘Carrier’ means any third party transport nominated by the Company to deliver the Goods to the Customer.
Acceptance of Order: Orders are accepted as a Contract at the sole discretion of the Company and subject solely to these Terms & Conditions of Sale, which supersede and prevail over all other terms or conditions contained, or referred to, in the Order or in any other correspondence or documents from the Customer unless agreed in Notice by the Company. No statement or quotation made by the Company relating to the Goods and/or, howsoever made, shall constitute an offer to Contract.
Quotations: The Company’s quotations are valid for 30 days, subject to appropriate availability in the marketplace. A quotation does not constitute an offer to Contract and the Company reserves the right to withdraw a quotation at any time. Where quotations are based on information provided by the Customer, such quotations are subject to the accuracy of the information supplied.
Terms of Payment: Unless otherwise agreed in a Notice from the Company the terms of payment for the Contract will be 50% deposit with Order and the balance payable and funds cleared prior to delivery. In the event that the Company agrees credit terms with the Customer and those terms are exceeded for any reason then the Company reserves the right to enter upon the Customer’s premises, or any premises where the Goods are believed to be located, to recover the Goods or any other goods supplied by the Company to the value of the Contract.
Subcontractors: The Company reserves the right to subcontract all or any part of the Contract for the manufacture, supply, installation and/or finishing of the Goods.
Title/Risk: Title in the Goods will pass to the Customer when the Company receives full payment for the Contract, and that payment has entered the Company’s bank account as cleared funds. Risk in the Goods will pass to the Customer immediately on collection of the Goods by the Customer or their servant from the Company’s premises or upon Delivery to the Customer by the Carrier. Until Title in the Goods has passed to the Customer the Company shall have the right at any time to enter upon the Customer’s premises or any other site or premises to recover the Goods.
Drawing, Sizes & Measurements: All drawings supplied by the Company are copyright of Quercus Flooring Limited. Measurements shown on pre-survey drawings are for quotation purposes only and final dimensions will only be confirmed after receipt of Order. Where measurements are supplied by the Customer the Company will not be responsible for any discrepancies. Goods may be described in Imperial and/or Metric dimensions and unless specifically stated in the Contract, Imperial dimensions may be converted to their Metric equivalent or vice versa. A machining tolerance of +/-10% is permitted on all stated dimensions.
Site Surveys: At the Company’s discretion, and on the assumption that all necessary measurements can be taken, a free initial site survey is offered to Customers within a 30 miles radius of the Company’s Offices. Customers requesting a site survey outside of this area will be charged at the rate of £0.50 per mile, this charge to be deducted from any ensuing Order. If a second or subsequent site visit is necessary in order to obtain measurements then this will be chargeable at the rate of £0.50 per mile plus £35 per hour or part thereof.
Waste in Timber Flooring Goods: The Customer can expect to discard 10-20% of the Goods in the installation process. The precise amount of waste will be dependant on the layout of the area to be fitted and the skill of the fitter and it is the Customer’s sole responsibility to measure and compute total areas, waste and Goods required.
Grades of Timber Flooring Goods: The Company supplies the following grades of hardwood flooring Goods: Rustic Grade: The overall order will be approximately 50% knot and issue free. Character Grade: The overall order will be approximately 80% knot and issue free. Prime Grade: The overall order will be approximately 95% knot and issue free. Reclaimed: unique and infinitely variable.
Warping and/or Cupping of Timber Flooring Goods: Some boards may have a slight cup or bend. When the board is installed it can be flattened and/or bent to true.
Samples/Colour/Appearance: Timber Goods are natural products and as such will vary in colour and appearance from tree to tree and from board to board. The Company’s samples, photographs and images are representative of type only and no guarantee or warranty is offered or implied as to the precise colour, pattern, appearance, ratio of sapwood to heartwood or finished size of any Goods supplied under any subsequent Contract unless expressly written into the Contract. The Customer should note that timber flooring Goods, when delivered in their raw, unfinished state, do not resemble the final, fitted and finished floor. The Customer should also note that, dependant on species, timber Goods may undergo significant colour changes when a finish is applied and the Customer’s choice of finishing product will determine the outcome. The Company accepts no liability for any issues relating to the colour of the finished timber Goods.
Collection of Goods: For the purpose of the Contract, Goods collected by the Customer will be deemed to have been delivered as they are removed from the Company’s warehouse and any discrepancy or issue relating to the Goods must be recorded on the Company’s delivery note. Once delivered, the Contract will be deemed to have been fulfilled.
Collection/Delivery Dates: The Company warrants that it will use its best endeavours to make the Goods available for collection or delivery on the date specified in the Contract. However, supply dates, where specified by the Company, are best estimates only and shall be of no contractual significance. The Customer should note that, where the Company is importing the Goods, delays in shipping and with customs are occasionally unavoidable. In the event of any delay in supply the Company will contact the Customer and agree an alternative delivery date. However, the Company will not accept cancellation of the Contract nor pay any penalty to the Customer or any other third parties. Should the Customer be unable to collect the Goods or accept delivery of the Goods on the agreed date for whatever reason, the outstanding balance of payment must still be paid into the Company’s bank account in cleared funds before the agreed delivery date. Thereafter, the Company will store the Goods free of charge for a period of 4 weeks after which, the Company reserves the right to make a charge for storage and insurance of the Goods at the following rates : £0.50 per square metre, per week or part thereof for flooring Goods; £100 per flight, per week or part thereof for staircase Goods; £5 per door, per week or part thereof for door Goods. No Goods will be allowed out of storage until all storage charges have been paid by cleared funds into the Company’s bank account.
Delivery Restrictions: Many small streets have weight, height and/or delivery time restrictions that may require the dispatch of a special delivery vehicle. It is the Customer’s responsibility to inform the Company prior to delivery if any such restrictions apply. The Customer will be held responsible for all delivery costs if the delivery address is inaccessible due to restrictions that have not been made known to the Company. The Customer hereby agrees to pay the Company for any penalties that are incurred by the Carrier due to: street blockage by delivery vehicle; unloading taking longer than allowed by authorities; parking violations of any kind that occur while the vehicle is unloading at the Customer’s location.
Unloading: It is the Customer’s sole responsibility to unload the Goods from the Carrier’s vehicle. Timber Goods are heavy and the Customer should ensure that suitable lifting equipment is used where possible. If unloading the Goods by hand the Customer should ensure that a minimum of two able-bodied people are available and the Customer is hereby advised to wear appropriate protective clothing. A maximum period of one hour is allowed to unload the Goods commencing from the time the Carrier arrives on site. Should unloading exceed the one hour period, the Company reserves the right to charge an additional overtime delivery fee of £100 per hour or part thereof. If the Customer makes inadequate arrangements to unload the Goods then, at the Carrier’s sole discretion, the Goods may be taken away and re-delivered at a future date/time at a further cost to the Customer. The Company accepts no responsibility or liability whatsoever for any injury, howsoever sustained by the Customer, when unloading the Goods.
Storage of Goods: Once delivered, all timber Goods should be stored appropriately in completely dry conditions at all times prior to installation. The Company accepts no responsibility whatsoever for Goods stored or installed in new or renovated buildings which have not adequately dried out. Similarly, the Company accepts no responsibility for any Goods subjected to excessive heat, cold, damp or very high or very low humidity, either in situ or in storage. If any clarification is required on suitable storage conditions, Customers or their representatives should contact the Company for further information.
Installation of Goods: Timber flooring Goods should be installed in line with the Company’s Flooring Installation Guide (additional copies are available upon request). Whether or not the Customer contracts with the Company to install flooring, this document must be read by the Customer and their appointed contractors since it includes important information relating to actions required prior to, during and after the installation. It is the Customer’s responsibility to ensure the site conditions are appropriate at all times. Please note, no warranty is offered or implied by these guidelines as to the suitability of the Goods for any specific purpose. The Company accepts no liability for any issues relating to the installation of the Goods where the Customer has carried out their own installation or has contracted with another party to provide installation services. If the Customer contracts with the Company for installation services, the Company will not be responsible for any remedial building, plastering or decorating works. Unless otherwise stated, quotations for the Installation of Goods do not include for the removal of any existing flooring, doors or staircases, trimming of staircase well openings or soffits to undersides thereof. Quotations for installation of Goods assume that all surfaces to be fixed to are sound, clean, dry and flat and any surfaces that are not will require additional work prior to installation. Quotations for installation of staircases assume fitting to a pre-formed well. It is the Customer’s responsibility to ensure the structural integrity of all supporting joists within the building and to provide any scaffolding required. Should it become necessary for the Customer to put back the date of installation for whatever reason then a minimum period of 7 days Notice must be given to the Company. Failure to do so will incur a re-booking fee. Should the Company arrive on site to carry out a pre-booked installation and find that the site conditions are unsuitable for installation for whatever reason then the Customer will be liable for any costs incurred by the Company including but not limited to time, travel and accommodation. Once installed, floors should be maintained as per the Company’s Flooring Maintenance Guide (additional copies are available upon request).
Cancellation of an order for installation Services – retail Customers: The Company is primarily a Trade business. Where a retail Customer has contracted with the Company for installation services online, by telephone or e-mail, without the Customer having visiting the Company’s premises, the retail Customer has the right to cancel up to 14 days after entering into a Contract for services. Retail Customers can request a form from the Company for cancellation of services. If the service is provided in full before the 14 days expires, the right to cancel will be lost.
Cancellation of an order for Goods – retail Customers: The Company is primarily a Trade business. Retail Customers purchasing Goods online, by telephone or by e-mail, without having visiting the Company in person, have the right to cancel an order provided that the purchase is not for bespoke or made-to-order goods, and provided that cancellation occurs before or within 14 days of receipt of Goods. Notification of cancellation must be provided to the Company: a form for the cancellation of Goods is available from the Company upon request. Goods must be returned in their original condition. The Company reserves the right to deduct an appropriate sum if Goods are in any way damaged upon return. The Company will reimburse the Customer for the outgoing cost of a standard delivery service but the Customer must return and ensure the safe arrival of Goods, through their chosen carrier, at their own expense.
In the event of Goods being faulty: All Goods go through the Company’s strict Quality Control procedures prior to collection or delivery. It is the Customer’s responsibility to inspect the Goods upon receipt, prior to the commencement of any installation work. Goods that have been installed, used or altered in any way will be deemed to have been accepted by the Customer. If on examination the Customer considers the Goods, or any part of the Goods, to be defective, then the Customer must give Notice to the Company as soon as possible and the product must be returned within 30 days of delivery or receipt to qualify for a refund. Upon receipt of Notice the Company will contact the Customer to arrange for the Goods to be returned so that they may be examined by the Company. In the event that the Company does not agree that the Goods are defective then the Customer will be liable for all collection/return carriage costs and the Goods will be made available for collection by the Customer or redelivery by the Company’s Carrier at the Customer’s expense. It is the Customer’s responsibility to ensure that the Goods are securely wrapped and protected for return transit and any failure to do so will result in a sum equal to the cost of rectifying any damage caused being deducted from any refund made. No claims will be considered for damaged Goods or short delivery of Goods once the Carrier has left the Customer’s delivery address unless the delivery documentation has been duly signed for as ‘damaged’ or ‘short’. All ‘Special Offer’, ‘Sale’ or ‘End of Line’ Goods are sold as described and no right of refund or return will exist unless the Goods have been described incorrectly. Any Claim made outside of the Company’s Return Policy for faulty Goods, as stated herein, may be considered but only at the Company’s sole discretion and under the Company’s terms.
Notice: Any and all Notices must be in writing and sent to the Company’s contact address, as detailed in the Contract, or to the Company’s e-mail address. For the purpose of the Contract, Notice will have been served within 24 hours of the sending of an email or post on any working day, but it remains the Customer’s responsibility to ensure that any Notice has been safely received by the Company.
Jurisdiction: These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. If any one or more of the provisions of these terms and conditions are adjudged by any Court to be unfair then only that provision(s) will be unenforceable and the remaining provisions will continue in full force and effect.
Indemnity & Liability: The Company will not be liable for any losses that were unforeseeable to the parties when the Contact was formed, for losses not caused by the Company’s breach of the Contract, or for any consequential losses. The Company’s liability will be limited to the total value of the Contract. The Customer shall indemnify the Company in respect of all loss, damage or injury occurring to any person, company or property and against all legal actions, claims and demands, charges or expenses in connection therewith for which the Company may become liable in respect of the Goods in the event that such loss, damage, or injury shall have been occasioned by the negligence of the Customer or a third party employed by the Customer.