Terms & Conditions
In these Terms and Conditions (“Terms”), the following words and phrases shall have the following meanings:
“You/Your” means the person who purchases the Goods from Us (including their agents, representatives, employees or assigns): “Us/We/Our” means Timberlodge Products Ltd a company registered in England and Wales under Company Number 12081219, whose registered address is Unit 7, Bates Industrial Estate, Stokenchurch; “Agreement” means these Terms and Conditions and the contents of Your Order; “Goods” means any products, parts or materials supplied under this Agreement; “Services” means the installation and maintenance services supplied under this Agreement; “Order” means the order confirmation provided by Us describing the Goods requested by You and accepted by Us. “Parties” refers to the parties to this Agreement. “Site” means – the address/location at which the Goods will be delivered and/or installed.
2. The Agreement
a. The Agreement shall be on these Terms, incorporating the terms on any Order, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and the terms of the Order the terms of the Order shall prevail.
b. The Agreement will commence when You receive confirmation of Your Order from Us and will terminate upon delivery of the Goods or, where Services form part of Your Order, completion of those Services, unless otherwise indicated on Your Order.
c. We may alter these Terms from time to time and shall post such alterations on Our Website for a reasonable period before they become effective. Please check Our Website from time to time. You will be bound by the revised Terms if You continue to use Our Website and/or purchase Goods following the effective date shown.
d. Each delivery of a quantity of Goods under this contract shall be deemed to constitute a separate contract to which these Terms shall apply.
a. The price will be that stated on Your Order confirmation. Pricing information found in any advertisement or promotional literature or other documentation is provided for information only and does not form part of a sale and any typographical, clerical or other accidental errors or omissions in any such documents or information issued by Us shall be subject to correction without any liability on Our part.
b. We reserve the right, by giving written notice to You at any time before delivery, to increase the price of the Goods and/or Services to reflect any increase in the cost to Us of supply such Goods and /or Services due to any factor beyond Our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture; or, as a result of any change in delivery dates, quantities or specifications for the Goods which are requested by You; or, any delay caused by any of Your instructions or Your failure to give Us adequate information or instructions.
c. Where We have quoted a price for the Goods other than in accordance with Our published price list the price quoted shall be valid for 60 days only or such lesser time as We may specify on the quotation.
d. Quotations for Goods exceeding £1,250 (ex VAT), include Standard Installation within the price quoted unless otherwise stated. Our Cedella and Chaletta ranges do not include for Delivery and Installation. For Scotland , The North West, The North East and South West England a surcharge will apply.
f. Standard Installation assumes good access and digging into a grassed area on firm ground that requires basic in-ground fixing only. If any difficulties are encountered in Our excavations, for example hardcore, tarmac, concrete, cables etc or where additional in-ground fixing is required due to the nature of the ground additional charges may apply.
h. All sums due will be subject to any applicable UK taxation, including where relevant, VAT.
a. The specification for the Goods shall be that set out in Our sales documentation unless varied expressly in Your Order.
b. Illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by Us are intended as a guide only and do not form part of this Agreement and shall not be binding.. We reserve the right to make changes to the specification of the Goods which are either required in order to conform with any applicable safety or other statutory or regulatory requirements or for production or supply based reasons or, where the Goods are to be supplied to the Buyer’s specification, which do not materially affect their quality or performance.
a. We require non refundable deposit the amount of which will be detailed in Your Order as it will vary depending on the value of Your Order. The balance of Your Order is payable on delivery. For orders received through third parties and dealers, full payment is required before installation.
b. We reserve the right to suspend or cancel further deliveries under this Agreement if any payment is overdue or if You have failed to take delivery of any Goods.
c. Any credit terms agreed by Us are subject to change by Us without prior notice at any time.
a. Production lead times are calculated from the date of receipt of Your signed Order acknowledgement and deposit cheque. Lead times can change on a daily basis dependent upon Our order book. Delivery periods are given in good faith but delivery can occur sooner or later than the anticipated timescales.
7 Delivery and Installation
a. Once You have placed Your order We will contact You to advise You on a date for installation. Every attempt will be made to ensure delivery is upon the promised date, however unexpected delays can occur. In the unlikely event that these effect Your installation, We will re-organise Your installation date within a reasonable period of time.
b. Installation is subject to satisfactory weather conditions.
c. You must advise Us if there are access difficulties to Your Site. We will generally off load at curbside and will need access to a clear working area for our installation staff adjacent to the installation position for the Goods.
d. We will provide You with a blank Site Survey Plan. It is Your responsibility to provide Us with a completed Site Survey Plan, including details of the routes of all manholes/access points, pipes, wires, conduits etc on Your Site, prior to the installation date. Failure to do so may result in a delay to the installation date. Where We agreed to commence installation without Your completed Site Survey Plan You will indemnify and keep Us indemnified against all costs, claims and losses sustained or incurred by Us as a direct result of the installation without such Site Survey Plan.
e. It is Your responsibility to arrange any necessary planning or building consents required for the Goods prior to installation.
f. Ground Conditions – Timberlodge cannot accept any responsibility for the ground conditions onto which we are siting the products. Any subsequent movement is not covered under our warranty. If the customer is in any doubt, they should ensure a solid level base is installed prior to installation
g. We require You to provide legal parking facilities for all Our vehicles for the duration of the installation. If roadside parking is chargeable it is Your responsibility to provide parking permits. h. Whilst we will use every effort to avoid any damage to lawns flower beds and driveways adjacent to a narrow or difficult access route We cannot be held liable for such damage and it will be Your responsibility to make good any areas so damaged. i. You will be required to provide reasonable access use of water, electricity and toilet facilities for Our staff whilst on site. We may also require You to store (at Our risk) materials and equipment required during the installation process. k Should Our installers be unable to start or continue working due to a breach of these Terms, including without limit, the site not being prepared as specified, poor or inadequate access for machinery, insufficient/restricted storage or working space, or as a result of health and safety concerns, delays caused by other trades or delays outside of Our area of responsibility under this Agreement, We reserve the right to either remove Our team from site to return at a later date and levy a wasted day charge of £250 per installation team per day or, where acceptable to Us, to continue working later that day or the following day, in which event all reasonable costs incurred will be charged to and accepted by the Customer. We reserve the right to request payment of such costs prior to re-commencing work.
On completion of the installation the Goods You or Your representative must be available to accompany Our Senior Installer on an inspection of the Goods. On completion of a successful inspection You will be required to sign a Completion Certificate for the Goods. Once this has been done the job is complete and deemed to have been finished to a satisfactory standard.
8. Goods: Risk in and Ownership
a. Risk in any Goods supplied shall pass to You on delivery of the Goods in accordance with this Agreement. Ownership in the Goods shall not pass to You until We have received in full in cleared funds all sums due to Us in respect of the Goods and all other sums which are or may become due to Us from You on any account. Until ownership of the Goods has passed to You You shall: grant Us unrestricted access to Your premises for the purposes of searching for, examining, marking or reclaiming the Goods, hold the Goods on a fiduciary basis as Our bailee; store the Goods separately from all other Goods of Yours or any third party in such a way that they remain identifiable as Our property; not destroy or deface any identifying mark on the Goods or their packaging; and, maintain the Goods in satisfactory condition fully insured.b. Where We have attempted to deliver the Goods but were unable to do so as a result of an action or inaction of yourselves risk in the Goods shall be deemed to have passed to You upon Our first attempt to deliver the Goods.
11. Goods: Quality and Warranties
a. Timber is a natural organic material and timber Goods, once assembled on site, will continue to react to weather conditions including variations in humidity and temperature and will ‘settle’ which can result in shakes, splits, cracks and the movement of timbers. This natural characteristic will not affect the integrity, strength and safety of Your product and as such are not an acceptable reason for the rejection or return of the Goods and are not covered under the Warranty.b. Minor adjustments may become necessary (including adjustments to the doors and windows as they may drop, expand, contract and warp etc). Such adjustments and/or repairs are not part of the installation service and should be carried out by You or a 3rd party on Your behalf. Alternatively, We can carry out such work on a chargeable basis.
Our Goods come with the following Warranties:
i. Timberlodge timber products carry a 15-year guarantee against timber rot and decay; and
ii. All products carry a one-year guarantee against faulty materials and workmanship.
iii. Our canopies carry a 5 year warranty
b. In all cases a warranty will not be valid if the Goods are found to have been used, maintained and/or stored other than in accordance with Our guidelines or misused in any way, or where any faults are as a result of vandalism, abuse, Acts of God, severe weather conditions, general wear and tear or the failure or inadequacy of works carried out on the Goods either during assembly/installation or otherwise subsequent to their installation by You or another party.
c. If Your wish to make a claim under a Warranty, please notify Us in the first instance by phone or email quoting the Order reference number.
d. Cedar, like all timber, will over time “grey” due to the effect of the suns UV rays. This is quite normal and in no way effects the integrity of the timber. This natural greying process is not covered under the terms of our warranty. It is strongly recommended that a re-coat of Decking Oil is applied as necessary, but at least every 12 months, to help inhibit the greying process
e. Your Statutory Rights remain unaffected.
a. We may assign this Agreement without Your prior consent.
b. You may not assign this Agreement without Our prior written consent.
13. Consumer Rights
a. The provisions of these Terms and Conditions are in addition to and do not affect the Buyer’s statutory rights as a consumer.