These terms and conditions shall apply to all transactions between customers and Spolding and Sons Ltd.
The definitions below and headings herein are for reference only and are excluded.
Definitions: ‘You’ – The customer. ‘Your’ – That which belongs to You. ‘We, Us’ – Spolding and Sons Ltd.
‘Our’, ‘Ours’ – That which belongs to Us. ‘Installation Site’ – The designated space to construct Our timber product(s).
‘Seven Day Notice’ – Served at our reasonable discretion to grant seven calendar days to pay all overdue balances in the event of late payments. ‘Final Demand’ – Served at our reasonable discretion to grant seven calendar days to pay all overdue balances in the event of late payments beyond which we may recover goods. ‘Restricted Access’ – Any obstacle(s) or obstruction(s) that hinder(s) the delivery and/or installation of goods including, but not limited to, fences, buildings, rooftops, narrow passages, sculptures and/or water features.
1. General and acceptance.
1.1 These Terms and Conditions constitute a legally binding contract between You and Spolding and Sons Ltd. and all transactions are governed by the provisions herein.
1.2 By placing an order You accept these Terms and Conditions and agree to be bound by them.
1.3 These Terms and Conditions supersede all previous versions and/or variations in the formation of contracts for all orders and purchases with Spolding and Sons Ltd.
2. Payments, deposits & legal title.
2.1 Goods are made to order and as such deposits are non-refundable.
2.2 All outstanding balances must be paid in cash or by card payment upon completion.
2.3 Payments made by cheque must be made payable to Spolding and Sons Ltd. and must clear before delivery or installation is carried out.
2.4 If cheque payments have not cleared by the pre-arranged date of delivery and or installation we reserve the right to reschedule delivery and/or installation and charge a £100 re-booking fee.
2.5 We retain legal title on all goods until outstanding balance payments have been received by Us in full.
2.6 You hereby grant Us irrevocable permission to access, at any reasonable time, any outdoor Installation Site that contains goods to which We hold legal title, and carry out any works necessary to recover any such goods.
3. Late payments, overdue balances & recovery of goods.
3.1 Late payment constitutes a breach of contract and we reserve the right to pursue legal action and civil proceedings at any time beyond such breach.
3.2 Reasonable Discretion to provide additional time in which to pay overdue balances is at the sole discretion of Spolding and Sons Ltd. and will be decided and notified on a case by case basis.
3.3 At our reasonable discretion, without prejudice to the provisions herein clauses 2 and 3, we may serve You with a Seven Day Notice whereby all overdue balances must be paid in full within seven calendar days.
3.4 At our reasonable discretion, without prejudice to the provisions herein clauses 2 and 3, we may serve You with a Final Demand whereby all overdue balances must be paid in full within seven calendar days.
3.5 If You fail to pay all overdue balances within seven calendar days of being served with a Final Demand we may recover, without any further notice required, all goods to which We hold legal title as per the provisions herein clauses 2.5 and 2.6.
3.6 In the event that we must recover goods due to late payment you agree to pay 10% of the total invoice cost for labour, depreciation and recovery fees.
4. Delivery and installation.
4.1 Delivery and/or installation dates are estimated and may be subject to change without notice.
4.2 We recommend that You do not organise any services from third parties, including but not limited to electricians, plumbers, plasterers and decorators, until all goods have been received and checked by You. We accept no liability for any losses or expense incurred due to scheduling conflicts arising from failure to meet the estimated date(s) and/or time(s) of deliveries and/or installations.
4.3 When placing an order You must inform Us of any Restricted Access to and/or around the Installation Site.
4.4 Unless You have contracted Us to carry out groundworks You must ensure that the Installation Site has been prepared and levelled. We accept no liability for any damage or detrimental effect to goods, including but not limited to aesthetic appearance, resulting from inadequate ground conditions of an Installation Site.
4.5 If We are unable to deliver and/or install goods due to restricted access or inadequate ground conditions we reserve the right to reschedule delivery and/or installation and charge a £100 re-booking fee.
4.6 We are unable to lift or carry products over obstructions, including but not limited to, fences, buildings, rooftops, narrow passages, sculptures and/or water features; all of which constitute Restricted Access and must be made known to us at the point of booking without prejudice to Clause 4.3 herein.
4.7 Due to Restricted Access, safe practices and/or provisions under health and safety legislation, some buildings will be designed and made in smaller panels in order to be safely delivered to and/or installed on an Installation Site. In this case, the panels will be constructed with a visible join and affixed with a timber strip to conceal the joint.
5. Materials & Maintenance.
5.1 If initial timber treatment has been carried out by Us We recommend that all timber products are treated every 12 months thereafter to maximise the lifespan of any timber goods except where it contravenes the conditions of warranty or advice from manufacturers of third party products and/or upgrades.
5.2 Timber goods may contain and/or develop natural imperfections including but not limited to knots and resin pockets and may be subject to distorting effects including but not limited to swelling, shrinking, twisting and/or warping. We accept no liability for any natural imperfection or resulting distorting effects.
5.3 Timber goods are not guaranteed to be waterproof and/or weatherproof and We accept no liability for any damages resulting from water damage, environmental factors and adverse weather conditions, including but not limited to roof felt rippling, tearing and/or displacement.
5.4 Standard LogLap Tongue and Groove is variably sourced and can vary in thickness from 19mm-45mm.
6. Adverse Weather Conditions.
6.1 Timber goods are not guaranteed to be waterproof and/or weatherproof and We accept no liability for any damages resulting from water damage, environmental factors and adverse weather conditions, including but not limited to roof felt rippling, tearing and/or displacement.
6.2 Timber buildings and products are vulnerable to adverse weather conditions including, but not limited to, lightning, driving rain, hailstones, blizzards and heavy wind. Subsequently, we cannot provide any guarantee of the suitability of timber buildings and/or products to withstand adverse weather conditions or accept liability for any damage(s) arising from the detrimental effects of any such adverse weather conditions.
6.3 In the event that you anticipate and/or become aware of any general and/or specific vulnerabilities of Your timber buildings and/or products we may be able to offer advice as to possible modifications to reduce the detrimental effects of some weather conditions. Any advice provided to that effect is intended for the purpose of theoretical suggestion and/or general guidance and is given with no guarantee of any specific performance in the reduction of the detrimental effects of weather conditions.
7. Planning regulations.
7.1 Whilst most of our garden buildings are designed and installed to meet permitted development, we recommend that you seek additional information and legal advice from your local authority or land law specialist who can advise you as to the current planning legislation that govern new constructions, extensions and developments.
7.2 Timber buildings that exceed an area of 15m2 but do not exceed an area of 30m2 must be installed at a minimum distance of 1 metre from all boundaries and We cannot install any such building that contravenes this regulation.
7.3 In the event that We are unable to install a building due to the Installation Site being prepared in contravention of planning regulations we reserve the right to reschedule installation and charge a £100 re-booking fee.
7.4 Deposits are non-refundable in the event that We are unable to install a building where the Installation Site cannot be modified by You in order to conform with planning regulations.
7.5 Although we may offer basic information and guidance on current planning issues, we claim no expertise or specialism in land law and regulations and thus accept no liability for any losses or damages incurred due to breach of planning laws and/or regulations.
8. Governing law and jurisdiction.
8.1 This agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.