Terms & Conditions

TRANTER  GARDEN BUILDINGS

TERMS AND CONDTIONS OF BUSINESS

1.       INTERPRETATION

          In these conditions

“Buyer” is any person or firm or company by whom goods are ordered from the Company or to whom goods are supplied by the Company.

“Charge” shall be the price of the Goods as per the Company’s quotation (unless otherwise agreed in writing)

“Goods” are any items supplied or repaired or serviced by the Company.

“The “Conditions” mean these Conditions of Business.

“The Contract”  means the Contract to purchase Goods made between the Seller and the Buyer as governed by these terms and conditions of business

“The Company” is Tranter Garden Buildings

2.       GENERAL

2.1     In these conditions words importing the singular shall include the plural and vice versa and the words importing the masculine in gender shall include the feminine and neuter genders and vice versa

2.2     Unless otherwise agreed by us in writing these Conditions apply to all sales by the Company and these Conditions shall override and supersede any conditions of purchase stipulated by Buyer unless and only to the extent that any such conditions of purchase have been accepted in writing by a director of the Company.

2.3     The complete or partial invalidity or unenforceability of any provision herein for any one purpose shall in no way effect the validity or enforceability of such provision of any other purpose or remaining provisions.  Any such provision shall be deemed to be severed for that purpose subject to its consequential modification as may be necessary for the purpose of such severance.

3.       GUARANTEE

3.1     All Goods provided by the Company are guaranteed for the period of 12 months (subject to the following clause) commencing from the date of delivery to Buyer against defective workmanship and material.  Goods proved to be defective during this period in this respect will be replaced or repaired free of charge at the Company’s discretion but they shall not form the subject of a claim for labour or other expenditure made upon them no shall the Company be liable for any indirect or consequential loss howsoever arising.

3.2     The Goods come with a 12 month manufacturing warranty, however timber is a natural living product, it is subject to movement, swelling, warping, twisting, shakes, splits, knots after your building has been fitted and are not faults, a 30 day warranty, only,  is offered on any doors or windows from date of delivery.

3.3     The illustration and description of products shown in any catalogue or other descriptive material and any performance criteria which may be specified do not form part of any contract and are intended as a guide to Buyer.  The Company does not warrant such description or criteria and it is for Buyer to satisfy itself that the product is suitable for Buyer’s intended purpose.

3.4     Nail on standard felt has no guarantees whatsoever, it is classed as a temporary items and will need to eventually be replaced, other options are available

3.5     If your Goods are being painted please be aware that  a minor amount of seeping from knots can occur and that once the timber has fully dried the seeping will stop.

4.       DEPOSIT

4.1     A deposit is payable by the Buyer placing an order for the Goods (the

 Deposit).

4.2     The deposit shall be non-refundable unless the order for the Goods is cancelled within 48 hours of the deposit being paid unless otherwise specifically agreed.

5.       INSTALLATION

5.1     It is the Buyer’s responsibility to ensure that a flat and level base is provided in order that Goods can be installed by the Company, movement in base after the building is fitted can void warranty.

5.2     Not less than 3 working days before the agreed delivery date the Buyer must send photographs of the base together with the access route via which the Company’s staff will gain access to the base over the Buyer’s property.  Failure to provide these photographs may result in the delivery date being altered, at the Company’s option and the Buyer shall have no right of re-course in the event that the delivery date is altered.

5.3     In the event of the Company’s staff arriving at site and being unable to erect the Goods due to there being issues with access or alternatively to the base not being flat and level then entirely at the company’s option the Goods may be left on the Buyer’s premises for the Buyer to erect themselves.  Payment in full must be made for the Goods in this event as if the Goods had been delivered and installed pursuant to these terms and conditions.

5.4     Failure to have a flat level base and/or clear access on the day of delivery, may force the Company due to health and safety of the Company’s staff to not assemble your Goods that day and you may incur further costs should we have to arrange to assemble your Goods another day.

6.       DELIVERY AND ACCEPTANCE

6.1     The Buyer shall be deemed to have accepted the Goods on completion of the building onsite, once checked over by the Buyer.  It is the customers responsibility to check over the building once assembled. After acceptance the Buyer shall not be entitled to reject the Goods.

6.2     The Company shall not be liable to the Buyer for late delivery of Goods for whatsoever reason.

6.3     If the Buyer wishes to change any agreed date of delivery of Goods then the Buyer must give the Company not less than 30 days prior notice.  In the event that less than 30 days notice is given by the Buyer then the Company reserves the right to charge a handling and storage fee of up to £250.00 per day if manufacturing has started.

6.4     The Company’s staff will not pass any Goods on top of or over the top of fences or existing buildings or other obstructions, it is customers responsibility to make the Company aware of obstacles.

6.5     The Company will always be careful on your premises, we will not be held responsible for any damage if sections have to go through a house, over flower beds, under trees or any obstacles, please make sure you have clear access.  We will not pay for any accidental damage.

The Company accepts no responsibility should the Goods deteriorate in

anyway due to a poor or unlevel base provided by the Buyer.

7.       CANCELLATION/CHANGES TO SPECIFICATION

7.1     Should the Buyer wish to cancel or alter the specifications of the Goods then the Buyer shall inform the Seller immediately, which may lead to amended costs.

7.2     In the event of the terms of Contract being altered at the Buyer’s request the

          Seller reserves the right to increase the Charge.

7.3     The Company reserves the right to cancel the Contract at any time and return the Deposit to the Buyer whereafter the Company shall have no further liability to the Buyer

7.4     In the event of cancellation of the Contract by the Buyer the Seller reserves the right to charge for all costs expenses and overheads incurred in connection with the Contract up to the date when notice of cancellation is received by the Seller not exceeding the Charge.

7.5     The Seller reserves the right to change any previously agreed specifications for the Goods if required to ensure structural integrity of the Goods and shall inform the Buyer within 48 hours of any decision to change any significant specification.

8.       PRICE AND PAYMENT

8.1     All quotations are valid for the period specified on them and are subject to Goods being available when delivery is required.

8.2     Unless otherwise agreed in writing the price of Goods shall be the price stipulated in the Company’s quotation.

8.3     Payment for Goods shall be made via cheque seven days before delivery or on the day of delivery or the day prior thereto in cash BACS, or Paypal (the Buyer will pay any payment charges levied by their Bank or Paypal)

8.4     In the event of any account not being settled in accordance with this condition interest shall accrue from the date of invoice from day to day until the day of payment at the rate of 4% above Lloyds Bank Plc base rate from time to time in force

8.5     If the Buyer fails to make a payment for Goods or commits any other breach of these Conditions or any other terms of any sale the Company may in its absolute discretion and without prejudice to any other rights which it may have:-

a)       suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its part; and/or

b)       exercise any of its rights under these Conditions; and/or

c)       repossess the Goods at any time.

9.       TITLE

          Until payment in full of all sums due to the Company for the Goods has been made the property in the Goods shall remain in the Company.

10.     RISK

101.    Notwithstanding that the property in Goods may not have passed to the Buyer as provided in the above condition the risk in Goods shall pass to the Buyer on  delivery to the Buyer.

10.2    The Buyer shall not pledge or any way charge by way of security for any indebtedness any of the Goods which are the property of the Company.  Without prejudice to the other rights of the Company, if the Buyer does so all sums whatever owing by the Buyer to the Company shall forthwith become due and payable.

11.     LIABILITY

          Save for any liability for death or personal injury resulting from negligence on the part of the Company the Company’s liability for defective Goods shall in no case extend beyond the repair or replacement of the defective items and the Company shall not be liable for any other loss or damage including but not limited to loss of profit damage to the property wasted expenditure or cost of

mitigation.

12.     LIMITATION

 12.1    In entering into the Contract the Buyer expressly agrees:-

12.1.1 That the liability of the Seller in the execution of the Contract is limited to a sum not exceeding the Charge

12.1.2 The Seller does not accept liability for any loss, expense delay or damage arising from the Buyer’s use of the Goods

13.     CANCELLATION

          The Company may cancel any contract of sale at any time before Goods are delivered by giving written notice.  The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.

14.     ASSIGNMENT

          The Company may licence or sub-contract all or any part of its rights and obligations under these conditions without the Buyer’s consent.

15.     CONFIDENTIALITY AND COPYRIGHT       

          The information is confidential and must not be copied to any other person or used for any purpose other than in the performance of the Event

          Any and all copyright in the Information remains the property of the Company

16.     FRUSTRATION

          In the event of the Contract becoming impossible to complete due to unforeseen circumstances or otherwise frustrated the Buyer shall be liable to pay the Company costs expenses overheads and loss of profit not exceeding the Charge

17.     LAW

          This Contract is subject to the Laws of England and Wales