Terms & Conditions
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Goods from the Seller.
“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
“Goods” means the articles that the Buyer agrees to buy from the Seller.
“List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time.
“Seller” means Kingston Cabins.
“Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3. PRICE AND PAYMENT
The price of the Goods shall be that stipulated in the Seller’s quotation at the date of order or as agreed between the parties. All prices quoted are inclusive of VAT if applicable. A deposit may be required. Quotations are valid for 30 days. Payment of the balance or total purchase price (including VAT if applicable) must be made in full at the time of delivery and installation.
4. DELIVERY & INSTALLATION
Delivery and installation of the Goods shall be made by the Seller on such terms as agreed between the Seller and the Buyer. The Buyer shall make all arrangements necessary to arrange delivery and installation of the Goods whenever they are tendered for delivery. The Buyer shall ensure suitable groundworks (a base) is available and ready at the time of delivery and installation of the Goods. The Seller is not responsible for sub-standard groundworks (base) that may affect the installation of the Goods. If the opinion of the Seller is that the groundworks (base) are of insufficient quality the Seller will either a) refuse to install the Goods until an acceptable base is provided, or, b) will ONLY install the Goods at the behest of the Buyer. In the event of ‘a’, the Seller will charge a fee for re-delivery and installation. In the event of ‘b’, the Seller accepts no responsibility for; any lack of level, movement, heave, subsidence, slip, splitting or other damage to the Goods, during, or subsequent to, installation. No liability will be accepted by the Seller under these circumstances and a waiver declaring such will be signed by the Buyer prior to installation. The Seller shall use its reasonable endeavours to meet any date stated for delivery and installation. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. In the event that the Seller is unable to deliver the Goods within the time specified within this Clause, the Seller will contact the Buyer to advise of the situation and the Buyer shall agree an alternative delivery date. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. Delivery and installation is free. Free delivery is restricted to specific postcode areas. Please enquire for details. Otherwise delivery charges will apply and will be quoted at the time of ordering.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. CANCELLATION AND RETURNS
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any part of the Contract. Where a claim of defect or damage is made and accepted by the Seller then it shall be the responsibility of the Seller to remove faulty Goods and the Buyer shall be entitled to either replacement Goods or a full refund. Goods to be returned must clearly show the order number obtained from the Seller. Where returned Goods are found to be damaged due to the Buyer’s fault or negligence the Buyer will be liable for the cost of remedying such damage. Without prejudice, we reserve the right to cancel the contract and return any deposits paid for any reason we deem applicable, without disclosure.
Timber being a natural product is susceptible to movement (i.e splits, cracks and shakes) with varying weather conditions. This does not affect structural strength. We warrant that the materials will be of merchantable quality and will comply with their description, subject to the normal trade tolerances; any claim must however be notified to us before the materials are used and in any case within 5 days of delivery and installation. Any queries and/or complaints will be investigated and where necessary credited or materials replaced.
8. LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods. The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise. The Seller shall not be liable for planning application nor regulation. The Buyer must ensure any and all local planning and by-laws are applicable and are their sole responsibility.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.