Conditions of Business
All contracts between Sackville Oak Frames, (thereinafter called “the company”) and its clients are subject to the following terms and conditions.
“We, the Company, Us” – Sackville Oak Frames
“You, the Client” – the person seeking to purchase Goods from Us
“the Goods” – the Goods, or when the context permits, services to be supplied by Us
“the Contract” – the Contract for the supply of Goods incorporating these terms
1. Advertisements Etc
No advertising matter, price list or other such document shall form part of the Contract.
- No order shall constitute a binding Contract until accepted in writing by the Company.
- Quotations are invitations to treat only.
- Orders may only be cancelled with agreement of a Company Signatory and you will indemnify Us against all costs, claims, losses or expenses incurred as a result of that cancellation.
- You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided to Us by You and for giving Us any nesasary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with the terms.
3. Damage in Transit
Notwithstanding Condition 11 when delivery is included the Company will repair or replace, free of charge, Goods damaged in the course of loading, transit or unloading provided the Company receives written notification of such damage within three days of the delivery. The liability of the Company for any damage incurred by a client in the course of any such loading, transit or unloading will be limited to such repair or replacement.
Although the Company will make every effort to deliver on the date specified (if any) in the contract, failure to so deliver will not constitute a breach of that Contract by the Company. Delivery is subject to extension in the case of strikes, combination or lockout of workmen, fire, delay in delivery, or shortage of raw materials or bought goods, or to any other causes whatsoever beyond the control of the Company.
5. Delivery Charge
The Company may make a reasonable charge if it is prevented from delivering goods, due to the Client’s instructions or if any delay is experienced at the time of delivery.
6. Extra Costs
Should the Company incur extra costs owing to suspension of the works by a Clients instructions or lack of instructions, delays, unusual hours, work for which the Company is not responsible or a state of war or civil strife, such extra costs, as well as the cost incurred by keeping any of the employees of the Company on site after the completion of erection shall be added to the Contract price. Including Value Added Tax where applicable and paid for accordingly.
- Responsibility for the loss or damage of Goods after delivery, or buildings in the course of erection, or contents of the buildings in which Goods are being erected by the Company owing to fire, theft or flood is that of the Client and he must produce his own insurance at the point of delivery or at the commencement of erection.
- The Company accepts no responsibility for damage by fire, injuries or other causes, resulting from any Goods it has supplied to, or work carried out for a Client.
8. Legal Construction
All Contracts shall in all respects be construed and operate as English Contracts and in conformity with English Law and shall be subject to the jurisdiction of the English Courts.
9. Consequential Loss
The Company, its servants and agents shall not be liable for the direct or consequential loss, damage or injury howsoever caused by the Goods or their use.
Representatives of the Company are not authorised to make any statement as to the quality of Goods or their fitness for any particular purpose and any such statement shall be deemed to be a statement of opinion only and shall not form part of the Contract between the Company and its Client nor raise any liability on the part of the Company under the Misrepresentation Act 1967.
11. Passing Of Property And Risk
The property in Goods ordered shall pass to the Client on payment by the Client of the Contract price. During any period between delivery to the Client and the passing of the property in the Goods the risk shall be the Client’s.
12. Payment And Terms Of Business
- Nett cash monthly unless specifically varied, whole Goods: on or before delivery.
- The amount of any deposit for any Goods shall be quoted to the Client, where required, and is payable prior to Goods being released and/or work commencing.
- A deposit is only considered paid, once the Company has received either cash or cleared funds in respect to the full amount outstanding.
- All deposits are non refundable and considered to be the commencement of Contact.
- Remaining sums are to be paid upon delivery/completion.
- The Client shall pay all sums due to the Company without any offset, deduction, counterclaim and/or any other withholding of monies.
- Payments by the Client on time are an essential condition of the Contract. Payment is only considered made once the Company has received either cash or cleared funds in respect to the full amount outstanding.
- The Company reserves the right to set reasonable credit limits for the individual Client. The Company reserves the right to suspend or cancel the contract if allowing it to continue would exceed the Clients’ credit limit, or the credit limit is already exceeded.
- The Company reserves the right to invoke the late payments of Commercial Debts Regulations 2002, interest on overdue accounts at the Bank Of England’s prevailing Base Rate +8% calculated on a daily basis.
- If the Client fails to make payment for any goods on the due date, or fails to pay for any Goods under any Contract, or the Client becomes insolvent, or the Clients’ status changes, all sums outstanding between the Client and the Company become immediately payable. The Company shall be entitled to require payment in cleared funds in advance of further deliveries, or cancel or suspend any further deliveries to the Client under any Contract without liability on the Company.
- If the Company incurs reasonable third party costs, such as tracing or debt collection agency costs, or seek to take legal proceedings to enforce the Company’s rights a result of the Client’s breach of Contract – including but not limited to- recovery of any sums due, the Client will reimburse the Company such reasonable agency costs or legal costs incurred on an indemnity basis.
13. Price Variations
If during the continuance of any Contract the costs to the Company of any Goods to be supplied or any works to be executed there under is increased as a result of an increase in the manufacture’s in wages or cost of materials or any other cause beyond the control of the Company, the contract price of such Goods shall be increased proportion to the increased costs to the Company, including Value Added Tax where applicable.
The only conditions and warranties acknowledged by the Company, are those made expressly in writing by the Company, and where applicable contained in sales literature specifically referred to in writing by the Company and prepared by the manufactures or producers of the product. Save aforesaid any other express completed or statutory condition or warranty either oral or writing are expressly excluded and form no part of the terms of trading.
15. ‘Green’/ ‘Air dried’ Oak as a material
- The utilisation of ‘Green’ oak implies that the timber used has a high moisture content and thus will behave in certain unavoidable ways. Whilst the Company takes every care to reduce the following characteristics, it is the nature of the material that the following may occur:
- The different conversion methods utilised by the Company will produce various surface texturing witch will be present on finished members.
- Whilst ‘Green’ oak is graded off the sawmill it will be clean and clear of fissures. However, Knots, wild grain, wane, surface rings and rays will inevitably occur in many of the members.
- As oak members settle, distortions in lateral and tangential planes will occur. The results of which are unavoidable. It is, however, the aim of the Company to keep these to a minimum. Overall settlement may result in shrinkage and distortion in some or all planes, the Company accepts no liability, and is not responsible for the resulting implications of such movement and/ or any resulting damage caused.
- As oak members dry, surface checking and larger fissures will appear. Whilst the Company takes every care to reduce the potential for such checks, the Company accepts no liability and takes no responsibility for them.
- The high content of tannin in ‘Green’ oak can produce inevitable colour variations. Iron-tannin staining as a result of the oak coming into contact with steel or high iron content materials will result in blue/ black staining. As oak dries and settles the loss of naturally occurring colouring materials within the oak will, untreated, result in the greying of some or all timber. Surface moulds, fungal attack and exposure to water may also result in various colour staining. The Company takes no responsibility and accepts no liability for any of the above such staining once timbers are delivered.
Sackville Oak Frames reserves the right to use any photographs, images, drawings or other associated project information for its own advertising purposes; permission is thus granted to us to showcase the work in our portfolio.
It is given that the Client has understood and accepted the above conditions of business once the Company has received cleared funds of deposit monies due.