TERMS & CONDITIONS OF CONTRACT FOR BESPOKE TIMBERFRAME STRUCTURES
The following Conditions shall apply to all contracts entered into by or on behalf of Oakmasters Ltd
1. DEFINITIONS
1.1 In these Terms “CONDITIONS” means the standard conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Buyer and the Seller;
“CONTRACT” means the contract for the sale and purchase of the Goods and supply of the Services;
“CONTRACT PRICE” means the Price of the Goods and Services to be supplied by the Supplier as set out in Suppliers Tender or Quotation plus Planning Fee;
“CONSTRUCTION PROJECT” means the construction project of the Customer referred to in the Specification consisting of a number of separate, independent contracts including this Contract;
“CUSTOMER” means the person who accepts the Supplier’s written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller; This can be either a Consumer or a Business.
“CONSUMER” is the final user of the goods or services provided by the supplier in this contract. “BUSINESS CUSTOMER” is the entity entering into this contract and purchasing goods or services from the supplier with the intention of supplying these to a Consumer, another Business, or for themselves. This includes a sole trader or Agent, acting on behalf of a Consumer.
“DETAILED DESIGN DRAWING” means the drawing produced by the supplier as part of the contract, detailing specific elements of the building relating to the goods and services provided by the supplier;
“DESIGN SERVICES” means the services of building design carried out by the supplier as part of the contract, necessary for the completion of the construction project;
“GOODS” means any products, or parts thereof, supplied or installed to the Customer as part of the contract, in accordance with these conditions;
“PLANNING FEE” means the fee charged by the Supplier for making the planning application on behalf of the Customer;
“SERVICES” means the services of construction/assembly of the Goods into a timber framework to be supplied by the Supplier in accordance with these Conditions as more particularly set out in the Specifications;
“SPECIFICATION” means the specifications of the Goods and/or Services as agreed between the Customer and the Supplier. Can also be referred to as “Quotation”;
“WRITING”, and any similar expression, includes, post, facsimile transmission and comparable means of communication including electronic mail. 1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. GENERAL
2.1 Acceptance by the SUPPLIER of the CUSTOMER’S order is conditional upon acceptance by the CUSTOMER of these conditions, which shall prevail over any terms or conditions of the CUSTOMER (apart from alterations to or departures from these conditions specifically agreed between the CUSTOMER and the SUPPLIER in WRITING).
2.2 The CUSTOMER hereby acknowledges that the GOODS and SERVICES supplied in the CONTRACT relate only to the supply and construction of a timber framework, first fix joinery and encapsulated glazing system, which form part of the CUSTOMER’s CONSTRUCTION PROJECT. The CUSTOMER further acknowledges and confirms that in entering into this CONTRACT the CUSTOMER is aware that the CUSTOMER will be required to contract directly with other contractors separately and independently from the SUPPLIER in order to complete the CONSTRUCTION PROJECT and recognises that the SUPPLIER is not providing or contracting to provide any other work other than the supply of the GOODS and SERVICES included in the CONTRACT. Accordingly, the SUPPLIER is not responsible for the completion of or failure to complete of any additional works required to complete the CONSTRUCTION PROJECT which are not included within the GOODS or SERVICES listed in the SPECIFICATION, to be supplied in the CONTRACT.
2.3 The SUPPLIER shall sell, and the CUSTOMER shall purchase the GOODS in accordance with the SUPPLIER’s WRITTEN SPECIFICATION (also referred to as quotation), subject in either case to these CONDITIONS.
2.4 The SUPPLIER’s employees or agents are not authorised to make any representations concerning the GOODS or SERVICES unless confirmed by the SUPPLIER in writing. In entering into the CONTRACT, the CUSTOMER acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these CONDITIONS affects the liability of either party for fraudulent misrepresentation.
2.5 If any provision of the CONTRACT is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the CONTRACT and the remainder of the provision in question shall not be affected. No term of this CONTRACT is intended for the benefit of any third party and the parties do not intend that any term of this CONTRACT should be enforceable by a third party either under the CONTRACTS (Rights of Third Parties) Act 1999 or otherwise.
2.6 Any notices to be given by the CUSTOMER to the SUPPLIER hereunder or any other communications from the CUSTOMER to the SUPPLIER in respect of the CONTRACT shall be in WRITING and shall be effective if received by a director of the SUPPLIER, but not otherwise.
2.7 The Supplier does not recommend or guarantee the work of any third parties who may be contracted by the Customer on the Construction Project. No implied/collateral contract exists between the Customer and the Supplier in respect of any Goods or Services by any other party for the purposes of the Construction Project.
3. TENDERS, QUOTATIONS, CONCLUSIONS OF CONTRACTS
3.1 All tenders/quotations issued by the SUPPLIER shall not be considered to be offers placed by the SUPPLIER but shall be valid for a period of 30 days from the date thereof or such longer period as may be agreed between the parties in writing.
3.2 No CONTRACT shall be established between the SUPPLIER and the CUSTOMER until the SUPPLIER has received the relevant deposit AND agreed the CONTRACT by accepting the SPECFICATION. The CUSTOMER must do this by email, letter or by signing the SPECIFICATION. SUPPLIER shall not commence any work on the project until these two conditions are met.
3.3 The CONTRACT PRICE is based upon best guess estimates of required oak section sizes only and is subject to the results of the structural report
3.4 The CONTRACT PRICE is based upon uninterrupted access to the CUSTOMER’s premises until completion of the SERVICES and the SUPPLIER reserves the right to increase the CONTRACT PRICE in circumstances where uninterrupted access is not provided.
3.5 The CONTRACT PRICE may be revised by the SUPPLIER following changes initiated by the CUSTOMER during the detailed design process and/or following structural calculations, and/or necessary engineering design changes.
4. CANCELLATION OF CONTRACT (OFF PREMISES CONTRACT with a CONSUMER)
4.1 The CUSTOMER has the right to cancel this CONTRACT within 14 days of its agreement without giving any reason
4.2 The cancellation period will expire after 14 days of the conclusion of the CONTRACT, whether this was done by phone, by email order or by signing a document away from our premises.
4.3 To exercise the right to cancel, the CUSTOMER must inform the SUPPLIER of their decision to cancel this CONTRACT by a clear WRITTEN statement, i.e. a letter sent by post, a fax or an email.
4.4 To meet the cancellation deadline, it is sufficient for the CUSTOMER to send communication concerning the exercise of the right to cancel before the cancellation period has expired.
4.5 If the CUSTOMER cancels this contract, the SUPPLIER will reimburse to the CUSTOMER all payments received from the CUSTOMER. The SUPPLIER will make the reimbursement without undue delay, and no later than 14 days after the day on which we are informed about the decision to cancel this CONTRACT. The SUPPLIER will use the same payment means of reimbursement as used for the initial transaction, unless expressly stated otherwise; in any event, the CUSTOMER will not incur any fees as a result of the reimbursement.
4.6 If the CUSTOMER requested to begin the performance of services during the cancellation period, the CUSTOMER shall pay to the SUPPLIER an amount which is in proportion with the GOODS and SERVICES supplied or performed until the cancellation notice for this CONTRACT has been served in WRITING, in comparison with the full coverage of this
CONTRACT. 5. CANCELLATION OF CONTRACT (ON PREMISES CONTRACT with a CONSUMER or CONTRACT with a BUSINESS CUSTOMER)
5.1 Once the CUSTOMER and the SUPPLIER enter into a binding CONTRACT, the CUSTOMER will not normally be able to cancel the CONTRACT, except where the parties mutually agree or as otherwise provided for in this CONTRACT.
5.2 If the parties mutually agree to cancel, the CUSTOMER will be liable to the SUPPLIER for the costs of:
5.2..1 The value of the time spent performing SERVICES up to the date the SUPPLIER stops providing the SERVICES
5.2..2 Any GOODS or materials the SUPPLIER is contractually committed to buying up to the date of the termination of the CONTRACT (whether or not the SUPPLIER needs to pay for them before or after the date on which the CONTRACT is cancelled). Any GOODS purchased (but not used in performing the SERVICES), will be delivered to the CUSTOMER.
5.3 Any sums owed for the GOODS and SERVICES supplied by the SUPPLIER before the cancellation of the CONTRACT will be first deducted from the deposit paid by the CUSTOMER. Any remaining deposit will be returned to the CUSTOMER. If the sums owed are greater than the deposit paid, the SUPPLIER will issue an invoice to the CUSTOMER for the amounts in excess of the deposit.
5.4 If the CUSTOMER:
5.4..1 Purports to cancel the CONTRACT; or
5.4..2 Gives notice purporting to cancel; or
5.4..3 Otherwise does not fulfil their obligations (such as by not paying any sums due to be paid to the SUPPLIER) in a way which amounts to the SUPPLIER cancelling the contract, the SUPPLIER does not have to accept the cancellation. If the SUPPLIER chooses to accept the cancellation, the SUPPLIER is entitled to request the CUSTOMER to pay any reasonable sums for the losses and costs (including loss of profit) suffered by the SUPPLIER. Any reasonable losses and costs (including loss of profit) will be retained from a deposit, and these sums are greater than the deposit paid, the SUPPLIER will require the CUSTOMER to pay the excess.
6. SUPLIER’S RIGHTS TO END THE CONTRACT
6.1 The SUPPLIER may end the CONTRACT with the CUSTOMER by WRITING if the CUSTOMER:
6.1..1 Fails to pay any invoice or any sum under the contract when this is due and still fails to make the payment within 7 days of the SUPPLIER reminding to the CUSTOMER that the payment is due, or
6.1..2 Fails to pay any invoice or any sum under another contract with the SUPPLIER when it is due, and the CUSTOMERS fails to make the payment within 7 days of the SUPPLIER reminding to the CUSTOMER that the payment is due, or
6.1..3 Fails, within a reasonable time, to allow the SUPPLIER or its SUBCONTRACTORS access to the premises/the address provided to the SUPPLIER to allow the SUPPLIER or its SUBCONTRACTORS to provide the services, or
6.1..4 Fails, within a reasonable time of the SUPPLIER asking for it, to provide the SUPLIER with information that is necessary for the SUPPLIER to provide the SERVICES, or
6.1..5 Breaks the CONTRACT in any other serious way and fails to remedy the problem within a reasonable period of time, or
6.2 If the CUSTOMER is declared bankrupt, and enters into an Individual Voluntary Arrangement with the CUSTOMER’s creditors or breaks the CONTRACT in one or more ways set out in clause 18, the SUPPLIER shall be entitled to do any one or more of the following (without prejudice to any other right or remedy the SUPPLIER may have):
6.2..1 Require payment in declared funds before the SUPPLIER accepts any further orders that the CUSTOMER may place;
6.2..2 If the SUPPLIER ends the CONTRACT in one or more of the situations as set out in clause 6.1, the SUPPLIER will refund any money paid out in deposit for any GOODS or SERVICES that the SUPPLIER has not provided, but the SUPPLIER may charge reasonable compensation, including any reasonable legal costs the SUPPLIER may reasonably incur, for the net costs the SUPPLIER may incur as a result of the CUSTOMER breaking the contract.
7. DESIGN SERVICES
7.1 DESIGN SERVICES are subsidised and are subject to copyright. The drawings remain the intellectual property of the SUPPLIER. The initial 2D or 3D designs forming part of the Specification are approximate representations of the project for the purposes of visualisation and cost estimate. They do not form part of the CONTRACT. They remain the intellectual property of the SUPPLIER. The SUPPLIER has the right to issue a retrospective invoice for the value of these designs, should the CUSTOMER use these designs to obtain competitive quotations from others.
7.2 Whilst the SUPPLIER will take all reasonable care to ensure that working plans, diagrams and drawings provided to the CUSTOMER are adequate to facilitate the erection or installation of the goods in a proper and work like manner, it shall, in those cases where the erection or installation of the goods is not undertaken by the SUPPLIER, and in relation to any part of the structure not erected by the SUPPLIER, be the sole responsibility of the CUSTOMER to ensure that all working plans, diagrams and drawings meet with the CUSTOMER’ requirements in every aspect and furthermore, it shall be the sole responsibility of the CUSTOMER in such cases to ensure the assembly of the goods in a proper and workmanlike manner, and in accordance with recommendations of the structural engineering report.
7.3 If included in the SPECIFICATION, subsequent Project DESIGN SERVICES form part of the CONTRACT; and are broadly divided into 4 stages: 1. Planning design, 2. Detailed design & Structural Calculations, 3. Building Control Drawings and 4. Manufacturing design. The SPECIFICATION lists which DESIGN SERVICES will be included in the CONTRACT and makes provision for a maximum of 2 major changes during the Planning Design stage. Any subsequent major changes during the Detailed Design & Structural Calculations stage initiated by the CUSTOMER including, but not limited to changes in the position of the walls, dimensions of the building, sections of oak, additions or removals of sections of the building, building envelope details or method of construction, which have direct impact on the total volume of oak and the construction lead time will result in additional charges for DESIGN SERVICES, including and not limited to additional structural calculations at current rate and may result in substantial changes in the CONTRACT PRICE.
7.4 Any major changes requested by the CUSTOMER during the Planning Design and Detailed Design & Structural Calculations stages, which impact the volume of oak and the construction lead time may result in substantial change in the CONTRACT PRICE.
7.5 If the SUPPLIER is contracted to supply the CUSTOMER with the Planning Design service, this service includes: a set of drawings, specifications and details, submission of the planning application and up to 2 major revisions of drawings. Unless otherwise stated in the SPECIFICATION, this service excludes: planning application fee, which is payable directly to the local authority, any heritage statements, BATS, Arboricultural, Flood Risk Ecological or other surveys or statements, if applicable.
7.6 If the SUPPLIER is contracted to supply Planning design services, the SUPPLIER will endeavour to recommend the best design options for a successful outcome of the planning application. The SUPPLIER will carry out a reasonable number of small changes or recommendations from the local authority necessary for the successful planning application within the cost specified in the SPECIFICATIONS. Should the CUSTOMER choose to ignore these recommendations, and the planning consent is not granted as a result, any further Planning Design services will be subject to additional charges for design time at current rate.
7.7 Should the planning application fail through no fault of the SUPPLIER, the CONTRACT is therefore terminated and the SUPPLIER will return all deposits to the CUSTOMER minus the costs incurred in producing the planning drawings charged at market rate and processing the planning application, including costs paid to the local authority.
7.8 Detailed Design & Structural Calculations Service includes: a set of necessary drawings, structural layout, engineering specifications and details for construction of the oak frame and components only, unless otherwise specified in the SPECIFICATIONS. Unless otherwise stated in the SPECIFICATION, the service excludes: our attendance on site or at meetings once the work on site has started. We are happy to hold calls with the CUSTOMER and the CUSTOMER’s builder, to help resolve any structural issues related to our GOODS on site (except any issues related to M&E, drainage or other specialist issues).
7.9 CUSTOMER will be asked to sign off a DETAILED DESIGN DRAWING after the Detailed Design & Structural Calculations stage of the DESIGN SERVICES. Once the DETAILED DESIGN DRAWING has been signed off by the CUSTOMER, the SUPPLIER is only able to accommodate any design change requests by the CUSTOMER as a result of change in circumstances on site. These changes are subject to additional design fees and may impact on CONTRACT PRICE and manufacturing lead time.
7.10 If the SUPPLIER is contracted to carry out Building Control Drawings, these will include: a set of necessary drawings, specifications and details for the construction of the structure and make-up of the building, including section drawings, insulation specifications, joinery detail if applicable, setting out plans, outline of waste and drainage (but not specialist detail). Up to 2 site visits of the SUPPLIER’s employees to CUSTOMER’s site during the build, if the SUPPLIER is contracted to carry out the Assembly. Unless otherwise stated in the SPECIFICATION, this service excludes: application fee for building regulations approval, SAP (thermal) calculations, M&E (plumbing, heating and electrical detail), detailed water and drainage drawings, chimneys, the local authority fee.
7.11 Building Control Drawings must be read in conjunction with the detailed SPECIFICATION to establish exactly what is included in the supply of the PRODUCT, as the drawings may specify certain elements, but these may not be included in the CONTRACT PRICE.
7.12 Any specialist design services including, but not limited to electrical, plumbing, thermal calculations, water & drainage, or chimneys can be provided by recommended trusted third-party suppliers at an additional cost.
7.13 From time to time, Structural calculations, Building Regulation Drawings, or Manufacturing Drawings, which are specific to client location and complexity of the bespoke building design may result in changes in the volume of oak used, construction method or the construction lead time, and thus may result in change in the CONTRACT PRICE. The SUPPLIER will contact the CUSTOMER to discuss and seek approval for these changes prior to proceeding with manufacture of the GOODS.
7.14 The detailed drawings are produced to scale; however, the printed plans may not be to scale and must not be scaled from. The dimensions of the GOODS are to be taken from the numerical dimensions on the drawings and it is the CUSTOMER’s or the CUSTOMER’s Builder’s responsibility to clarify any queries directly with the SUPPLIER prior to proceeding with the build. All drawings are to be read in conjunction with any other drawings relevant to the project, including, where necessary, the structural engineer’s report. It is the CUSTOMER’s and the CUSTOMER’s main building contractor’s responsibility to check all dimensions on site before any manufacturing work commences and notify the SUPPLIER of any discrepancies.
7.15 It is the responsibility of the CUSTOMER and the CUSTOMER’s main building contractor to follow accurately the designs supplied by the SUPPLIER for the foundations/dwarf walls etc. The SUPPLIER cannot accept responsibility for any costs and delays resulting from non-compliance with drawings supplied.
7.16 It is the responsibility of the CUSTOMER and the CUSTOMER’s main building contractor to ensure all workmanship, goods and materials of the GOODS and SERVICES supplied by other contractors for the CONSTRUCTION PROJECT be to current building regulations, British standards and codes of practice. It is also the responsibility of the CUSTOMER and the CUSTOMER’s main building contractor to liaise with the building control officer on site and notify the SUPPLIER of any changes/additional requirements on the CONSTRUCTION PROJECT.
7.17 Any site survey undertaken by the SUPPLIER is for the preparation of planning and building regulations only. All proposed finished floor levels to be agreed on site between the CUSTOMER and the local authority prior to commencement of work by the SUPPLIER. No buried or underground services are accounted for and must be investigated by the CUSTOMER. CUSTOMER must advise the SUPPLIER if boundaries are correct and denote the legal ownership. Any levels taken are to temporary local datum point.
7.18 From time to time, the SUPPLIER may discover previously unknown information relating to the condition of the building site, existing property, or complexity of the structure, after the CONTRACT has been signed, which may result in changes of CONTRACT PRICE or construction lead time
8. SUPPLY ONLY PRODUCTS
8.1 The oak structure will be pre-constructed on our premises, then dismantled. The components will be numbered, with an assembly plan and delivered to you as a kit with the appropriate quantity of dowel supplied.
8.2 Unless stated otherwise in the SPECIFICATION, supply only products include the following:
8.2..1 Detailed Design & Structural Calculations (excluded from this are the following products: porches, pergolas, sheds, door frames, ceiling beam layouts, individual beams, posts and components, beam casings, cladding, joinery and fireplace beams)
8.2..2 Manufacturing drawings of the structure
8.2..3 Oak frame and components
8.2..4 Appropriate amount of dowel and plugs for the structure
8.2..5 Schematic 3D drawing of the structure to help with assembly
8.3 Unless specifically stated otherwise, supply only products do not include the following:
8.3..1 Delivery
8.3..2 Fixings (screws, nails, stainless steel brackets etc.)
8.3..3 Joinery (doors, windows, staircases)
9. CONSTRUCTION TIME
9.1 The SUPPLIER will use its best commercial endeavours to deliver the GOODS and, where appropriate, to complete the SERVICES at the rate and within the time estimated in the SPECIFICATION but the SUPPLIER shall not be liable for any loss or damage whatsoever suffered by the CUSTOMER as a result of any failure by the SUPPLIER, for whatsoever reason, to deliver the GOODS or to complete the SERVICES within the time so specified. Unless specifically agreed in writing between the SUPPLIER and the CUSTOMER time of delivery of the GOODS or completion of the SERVICES shall not be of the essence of the CONTRACT.
9.2 The time estimated within the SPECIFICATION pertains to the manufacturing and assembly of the CONSTRUCTION PROJECT as relevant, excluding the time it takes to complete the DESIGN SERVICES by the SUPPLIER and approve the final designs by the CUSTOMER, prior to manufacture. The estimated time is calculated from the date the CUSTOMER approves the final detailed design drawing. Once approved, any further changes to the design requested by the CUSTOMER may result in considerable delays in the construction lead time as well as changes in CONTRACT PRICE.
9.3 GOODS will not be delivered nor will SERVICES be commenced by the SUPPLIER until all and any approvals, permissions or consents, necessary for the CONSTRUCTION PROJECT have been obtained, including without limitation, any planning permissions, detailed design approvals, or buildings regulations consent. The SUPPLIER will not be liable to the CUSTOMER for any delays in the provision of, or failure to provide the GOODS or SERVICES where such delays or failure arise from matters which are beyond the reasonable control of the SUPPLIER. The CUSTOMER shall be responsible for ensuring the accuracy of any permissions or consents applied for by the CUSTOMER or by the SUPPLIER on behalf of the CUSTOMER.
9.4 Where the SUPPLIER is responsible for the PLANNING SERVICES and the CONSTRUCTION PROJECT fails to obtain all and any necessary consents from the local planning authority through no fault of the SUPPLIER, the CUSTOMER and the SUPPLIER will review reasons for this failure and mutually agree whether to amend the plans and resubmit for the planning or terminate the CONTRACT. If they agree to terminate, the CONTRACT shall terminate forthwith and without any further liability being incurred by either party. The SUPPLIER shall, within 14 days of receiving written notification of such failure reimburse to the CUSTOMER that part of the CONTRACT PRICE already paid by the CUSTOMER less any design services costs incurred to date. The PLANNING FEE paid directly to the local authority shall in such circumstances remain payable by the CUSTOMER. Where the amount previously paid by the CUSTOMER is less than the PLANNING FEE, the CUSTOMER shall pay the difference to the SUPPLIER immediately upon receiving the SUPPLIER’s invoice for the same.
10. MATERIALS AND OWNERSHIP
10.1 The property of the GOODS, whether fixed or unfixed, shall not pass to the CUSTOMER until the full CONTRACT PRICE of the GOODS and all sums from time to time owing by the CUSTOMER in respect of the GOODS (but excluding any charges levied for the installation or erection of the goods) to the SUPPLIER (whether under this or any other contract) shall have been paid in full; such goods are referred to as “RETAINED GOODS”. Until payment of all such sums the CUSTOMER shall hold the RETAINED GOODS in a fiduciary capacity for and on behalf of the SUPPLIER.
10.2 Until such time as the property in the RETAINED GOODS passes to the CUSTOMER, the SUPPLIER shall be entitled at any time to require the CUSTOMER to deliver up the RETAINED GOODS and shall be deemed irrevocably to authorise the SUPPLIER to enter upon any of the CUSTOMER’s premises, with or without vehicle, for the purpose of removing the RETAINED GOODS.
10.3 The repossession of RETAINED GOODS by the SUPPLIER in accordance with this clause 8 shall be without prejudice to all or any of the SUPPLIER’s other rights against the CUSTOMER under the CONTRACT.
10.4 The CUSTOMER shall not be entitled to pledge or in any way charge by way of security for any indebtedness the RETAINED GOODS or any part of them which remain the property of the SUPPLIER, but if the CUSTOMER does so, the full CONTRACT PRICE (insofar as it has not been paid) shall (without prejudice to any other right or remedy of the SUPPLIER) forthwith become due and payable.
11. RISK 11.1 All GOODS delivered to the CUSTOMER whether fixed or unfixed and not withstanding clause 9.1 above shall be at the sole risk of the CUSTOMER and in the event of the GOODS or any part thereof being lost, damaged, destroyed or stolen, howsoever occurring before payment for them in full has been made to the SUPPLIER, the CUSTOMER shall nonetheless pay to the SUPPLIER the full value of any such GOODS and the full value of any of the work damaged, destroyed or lost together with any additional costs incurred by the SUPPLIER in replacing any such GOODS and in reinstating or restoring any such work provided, however, the CUSTOMER shall not be responsible for any damage or loss sustained from the negligence of the SUPPLIER or its subcontractors or agents.
12. DELIVERY
12.1 Delivery of the GOODS shall be made, and risk of damage to or loss of the GOODS shall pass to the CUSTOMER when the SUPPLIER delivers the GOODS roadside to that CUSTOMER or to a place designated by the CUSTOMER.
12.2 Claims against the SUPPLIER for short or incorrect delivery shall be notified to the SUPPLIER in writing within 7 days of receipt of the GOODS. The SUPPLIER shall make GOOD shortage or errors in delivery within a reasonable time thereafter and the SUPPLIER shall not thereafter be liable for any loss whatsoever arising out of such shortages or errors in delivery. The CUSTOMER shall not be entitled to reject the GOODS if no notice of short or incorrect delivery is given to the SUPPLIER as set out above.
12.3 All delivery dates are week commencing and are estimate only. Unless otherwise stated in the SPECIFICATION, provision must be made by either the CUSTOMER or the CUSTOMER’s builder for the SUPPLIER’s waste by form of skip. In the event the CUSTOMER fails to take delivery of the GOODS (or any instalment of the GOODS) or fails to give the SUPPLIER adequate delivery instructions at the time of delivery (other than by reason of any cause beyond the CUSTOMER’s reasonable control or by reason of the SUPPLIER’s fault) then without limiting any other right or remedy available by the SUPPLIER, may store the GOODS and any relevant storage charges incurred for the same shall be charged to the CUSTOMER and be immediately due and payable, or sell the GOODS at the best price obtainable and charge the CUSTOMER any shortfall below the price of the goods under the CONTRACT.
13. JOINERY and GLAZING
13.1 If the SUPPLIER is contracted to supply joinery and/or encapsulated glazing, the joinery and the glazing items are subject to installation, care instructions and warranties of the third-party manufacturer.
13.2 The SUPPLIER reserves the right to vary, alter or modify the specifications of the GOODS or materials to those of a similar quality to those materials specified I the event that those specified materials are no longer available or for any reason beyond the control of the SUPPLIER. Should such variation be necessary, the SUPPLIER shall notify the CUSTOMER in writing within a reasonable period from notification that the materials are not available.
13.3 It is the CUSTOMER’s or the CUSTOMER’s building contractor’s responsibility to follow fitting and care instructions as provided by the SUPPLIER. Failure to follow these instructions will invalidate any warranties provided by the third-party manufacturer.
13.4 Unless otherwise stated in the SPECIFICATION, joinery arrives to site with a coat of sealant, however, further protection against water ingress into the timber is required as per third-party manufacturer’s care instructions, and it is the responsibility of and an expense of the CUSTOMER.
13.5 It is completely normal that all timber joinery swells and shrinks with seasonal changes. From time to time, the CUSTOMER may want to adjust the joinery within 12 months of installation, once it has settled. This is an additional service, not included in the CONTRACT.
14. SIPs
14.1 If the SUPLIER is contracted to supply Structural Insulated Panels (SIPs) as part of the CONTRACT, these GOODS are subject to warranties provided by the third-party manufacturer.
14.2 The SUPPLIER reserves the right to vary, alter or modify the specifications of the GOODS or materials to those of a similar quality to those materials specified I the event that those specified materials are no longer available or for any reason beyond the control of the SUPPLIER. Should such variation be necessary, the SUPPLIER shall notify the CUSTOMER in writing within a reasonable period from notification that the materials are not available.
14.3 The CUSTOMER shall provide unhindered and uninterrupted access for the third-party manufacturer and installer, to the site for the installation of the works and warrants that should such access not be provided, as required by the CONTRACT, the CUSTOMER shall be liable for any loss or costs caused to the SUPPLIER with respect to labour, material storage, extended management costs and other overheads, legal fees or any other loss or damage suffered by the SUPPLIER.
15. EXCLUSIONS
15.1 If included in the SPECIFICATION, quotations for insulation may be subject to change due to building regulation requirements. All changes due to building regulation requirements not shown or included in our quotation are over and above our quotation and will be charged.
15.2 Unless specifically listed in SPECIFICATIONS, the following is excluded from the CONTRACT, by way of example:
15.2..1 Partition walls, additional studwork or carcassing, plasterboard or insulation of any kind
15.2..2 Sandblasting, cavity trays, brickworks, making good to an adjoining building. Electrical work, plumbing, fitting, plastering or decorating
15.2..3 Landscaping, or any drive work including reparatory or restoration work to existing drive
15.2..4 Structural calculations for anything other than the oak frame, unless stated in SPECIFICATION. Structural calculations for the subframe are also excluded
15.2..5 Full cleaning or sandblasting of the oak frame, as the SUPPLIER is unable to quantify the amount of cleaning required prior to completion of the build.
15.2..6 Treatment of the oak against wood boring infestations. Whilst these may appear in oak, they are not a rule and have no effect on structural integrity of the oak frame. The SUPPLIER is happy to offer advice if required
15.2..7 Leadwork for any part of the build, unless specifically stated. If lead is required, then it must be supplied by the CUSTOMER.
15.2..8 Felt, tile, batten, guttering, fascia, soffit or any other works specific to roofing
15.2..9 Other bespoke design work, structural calculations not specifically detailed in the SPECIFICATION
15.2..10 Building regulations drawings, fees or charges
15.2..11 Planning applications or planning fee (if necessary), unless specifically priced for in the planning and listed buildings consent section
16. SITE FOOTPRINT, ACCESS AND PROVISIONS
16.1 In all cases the CUSTOMER is responsible for the accuracy of the groundwork or building footprint in relation to their house and garden. The CUSTOMER will be responsible for agreeing the footprint setting out prior to excavation of foundation. It is the CUSTOMER’s responsibility to ensure the foundations are both present and correct to the agreed designs at the point the SUPPLIER arrives on site to commence assembly.
16.2 The CUSTOMER shall provide:
16.2..1 Suitable access for delivery vehicles up to 40 tonnes on firm ground and space to enter, unload the GOODS to a suitable assembly area, manoeuvre and exit safely.
16.2..2 Suitable access and space on firm ground lifting equipment, cranes up to 50 tonnes and other machinery required for the provision of the SERVICES. There must be no overhead obstructions such as telephone or electrical wires or other such encumbrances to impede the progress of the job or the crane.
16.2..3 Adequate space for the stacking and access of the materials necessary to assemble the building.
16.2..4 Adequate and accessible sources of both water and electrical power.
16.2..5 Safe scaffolding as may be necessary for standard Health and Safety requirements. Temporary decking for safe working at height if required.
16.3 The CUSTOMER shall be responsible for rectifying any damage to any lawn, hedge, driveway or other CUSTOMER property caused by the provision of the SERVICES including the use on the site of any heavy goods vehicles or machinery unless such damage is caused by the negligence of the SUPPLIER who, in such circumstances shall be responsible for the same. The SUPPLIER will quote any repair work required but will not be responsible for cost allowed.
16.4 Unless otherwise stated in the SPECIFICATION, the CUSTOMER is responsible for providing waste disposal, sanitary equipment and safe tool storage on site.
17. STAINING & OAK CLEANING
17.1 Oak contains natural tannins, these may leach out during the first few months after installation, manifested in brown staining to surrounding finishes. All stain marks are natural and will occur and normally fade with time. Any site protection of goods or fixtures from staining must be done by others eg. Driveway, dwarf walls etc.
17.2 Unless stated in the SPECIFICATION, the CONTRACT PRICE does not include the cleaning of the oak frame after the build is complete. The SUPPLIER cannot take responsibility for staining and markings left on the oak frame by the CUSTOMER or the CUSTOMER’s other building contractors. For this reason, it is not possible to make provision for oak frame cleaning at the end of the build. Oak cleaning after the build completion is available at additional cost as necessary.
18. COMPLIANCE WITH LAW AND REGULATIONS
18.1 It shall be the sole responsibility of the CUSTOMER to comply in every aspect with all relevant Planning and Building Regulations requirements, statutes, order in council, regulations, by-laws, or other lawful requirements and to obtain all necessary consents, licenses, permits or authorities which may be required in connection with any work to be performed pursuant to the CONTRACT notwithstanding that the SUPPLIER may provide assistance in this respect.
19. PAYMENT TERMS
19.1 Upon entering into the CONTRACT, the CUSTOMER shall forthwith pay to the SUPPLIER a deposit equivalent to a percentage of the CONTRACT PRICE, as outlined in the SPECIFICATION.
19.2 The CUSTOMER agrees to make payments as per schedule outlined in the SPECIFICATION.
19.3 Should the CUSTOMER delay approval of Detailed Design, which in turn will delay production, or should the CUSTOMER delay delivery of manufactured GOODS due to personal circumstances or delays on site, CUSTOMER shall adhere to the payment schedule as agreed in the SPECIFICATION. Should these delays be lengthy, the SUPPLIER may issue additional invoices to cover the cost of safe storage of the GOODS.
19.4 The SUPPLIER may suspend delivery of GOODS or the provision of the SERVICES at any time when any sum pursuant to clauses 16.1 and 16.2 above are due but unpaid
19.5 The CUSTOMER shall not be entitled to withhold payment as a result of any failure of any other contractor in complying with the terms of that contractor’s agreement with the CUSTOMER in connection with the CONSTRUCTION PROJECT.
19.6 All payments made pursuant to this clause 18 shall be made without set-off, deduction or counterclaim by the CUSTOMER.
19.7 Interest will be charged monthly on unpaid accounts at the rate of 4% above the Interbank Rate as published in the Financial Times.
20. STRIKES ETC (FORCE MAJEURE)
20.1 The SUPPLIER shall not be liable to the CUSTOMER if it is unable to carry out any provision of the CONTRACT for any reason beyond its control including (but without limitations) Act of God, legislation, war, civil commotion, fire, flood, drought, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to procure parts or materials required for the performance of the CONTRACT (“Force Majeure”).
20.2 The SUPPLIER shall notify the CUSTOMER as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of such an event of Force Majeure the SUPPLIER’S contractual obligations shall be suspended until the Force Majeure has fully abated, without liability to the CUSTOMER for any loss or damage whatsoever suffered directly or indirectly by reason of any such suspension. .
21. WARRANTY
21.1 If the SUPPLIER has been contracted to assemble the structure, the SUPPLIER warrants to the CUSTOMER that the structure of the main oak frame, including the fitting of the encapsulated glazing (but excluding the glazed units) shall be free from structural material defects for a period of 12 years from the date of completion of the SERVICES and payment of the final invoiced sum of the CONTRACT PRICE. For clarification, Structural material defects include defects to the oak or softwood frame and the assembly that result in structural instability of the building. This excludes knots, splits, shakes, discolouration or third-party products. The SUPPLIER guarantees that the encapsulated glazing shall not leak. This excludes the damage to glazed units (including, but not limited to cracked glass, scratching or fogging of the units), which are subject to third-party manufacturer’s guarantees.
21.2 If the SUPPLIER is not contracted to assemble the structure, the 12 year warranty only covers individual components of the oak frame and any joints supplied pre-assembled by the SUPPLIER, and excludes any fitting, assembly, encapsulated glazing or any joints that have not been supplied pre-assembled by the SUPPLIER.
21.3 If included in the SPECIFICATION, all third-party GOODS including, but not limited to joinery, SIPs, glazed panels, insulation or fixings are subject to manufacturer’s warranties and subject to care instructions being followed by the CUSTOMER.
21.4 If within 12 years after delivery a material structural shall be discovered and:-
21.4..1 The CUSTOMER notifies the SUPPLIER in writing within 14 days after discovery, giving full particulars and either at their own expense and risk (where the goods have not been erected or installed) returns the goods to the SUPPLIER, or (at the SUPPLIER’S sole option) permits the SUPPLIER to inspect the same; and
21.4..2 Such a defect has arisen from faulty materials employed or workmanship carried out by the SUPPLIER existing but not discoverable upon inspection at the time of delivery of the goods or (as the case may be) completion of the SERVICES then the SUPPLIER shall at their sole option supply replacements or (as the case may be) rectify the defective SERVICES and in which case the SUPPLIER shall have no further liability to the CUSTOMER. The provisions of this clause 20 shall also apply to repaired or replacement GOODS or SERVICES during the warranty period.
21.5 The SUPPLIER’s liability under this condition applies only to defects appearing before the CUSTOMER makes any modification or alteration to the GOODS and whilst the GOODS are being properly used, stored or maintained and in particular (but without limitation) the SUPPLIER shall not be liable in the case of defects in GOODS not manufactured by the SUPPLIER or defects arising from:-
21.5..1 Normal deterioration;
21.5..2 Improper or faulty handling, installation or maintenance other than carried out or authorised by the SUPPLIER;
21.5..3 Repair of or modification to the GOODS or SERVICES by or on behalf of the CUSTOMER other than by the SUPPLIER;
21.5..4 Defects in or subsidence to any structure or surface to which the goods are affixed or attached;
21.5..5 Glass damage or breakage not attributable to manufacturing defect;
21.5..6 Failure to treat the goods in accordance with the SUPPLIER’s or third-party manufacturer’s installation instructions;
21.6 The Customer’s rights against the Supplier under this Condition are not assignable.
21.7 The main frame structural 12-year warranty runs from the date of completion of the SERVICES but shall not apply nor shall any warranty in this clause 20 apply in circumstances where all or any part of the CONTRACT PRICE has not been paid in full.
22. LIMITS OF LIABILITY
22.1 Subject to the provisions of clause 22.5 below the GOODS are supplied strictly on the terms that the CUSTOMER has satisfied itself of their suitability for their purpose. The CUSTOMER acknowledges that all details in brochures, quotations and acknowledgements of order or similar documents or by word of mouth and all forecasts of performances, howsoever given, are approximate only and do not form part of the CONTRACT unless set out in the SPECIFICATION.
22.2 Save in respect of death or personal injury caused by the SUPPLIER’S negligence or liability under the Consumer Protection act 1987, the SUPPLIER shall not be liable under the CONTRACT, whether by way of indemnity or by reason of breach of CONTRACT, tort or breach of statutory duty or by way of representation (unless fraudulent) or any implied warranty, condition or other term or in any other manner for consequential or indirect loss of whatever nature suffered by the CUSTOMER or for special damages, loss of use, (whether complete or partial) of the GOODS, or loss of profit.
22.3 The entire liability of the SUPPLIER under or in respect of the CONTRACT shall not exceed the CONTRACT PRICE except as expressly provided by these CONDITIONS.
22.4 Subject as expressly provided in these TERMS, and except where the GOODS are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
22.5 Where the GOODS are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the CUSTOMER are not affected by these TERMS.
23. EXPORT
23.1 Where the GOODS are supplied for export from the United Kingdom, the provisions of this Condition 22 shall (subject to any special terms agreed in writing between the CUSTOMER and the SUPPLIER) apply notwithstanding any other provision of these CONDITIONS.
23.2 The CUSTOMER shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
23.3 The goods will be sold ex works.
24. PERSONAL DATA
24.1 The SUPPLIER will adhere to the GDPR regulations with regards to personal data of the CUSTOMER. Please refer to the Privacy Terms available on the SUPPLIER’s website.
25. GOVERNING LAW 25.1 The CONTRACT shall be governed by the laws of England and the CUSTOMER agrees to submit to the exclusive jurisdiction of the English Courts.
Oakmasters Ltd, The Mill, Isaac’s Lane, Haywards Heath, West Sussex RH16 4RZ, Tel: 01444 455 455 email: [email protected]
Registered office: Oakmasters Ltd, The Lodge, Greentree Lane, Partridge Green, West Sussex RH13 8EU Registration No: 03892478
