Terms & Conditions
Standard terms and conditions for sale of goods of Timber2Homes
In this document, the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time; 1.4 "Seller" means Timber2Homes Ltd;
1.5 "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.
2.1 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.
2.2 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.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions and of the product(s) delivered.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 Product type or sizing shall remain the Buyer's responsibility which need to be confirmed with the Seller. Drawings are acceptable as confirmation providing all information is clearly noted down. Any information not on such drawing or confirmation can/will not be counted during manufacture.
2.7 Installation services are supplied through by the Seller or a third-party company.
3. Price And Payment
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and inclusive of any delivery charges unless otherwise stated.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods or application of any stains/paints/oils that are irreversible.
3.3 Where good/services are not paid for before dispatch or service granted, payments not received will void any warranty/guarantee and may result in further action being taken to retrieve the goods/services or through a third-party debt collection agency. We reserve the right to stop any other work by Timber2Homes Ltd or any subcontractors.
3.4 Prices offer will only be honoured for 7 working days.
3.5 Prices offered or shown by human error or computing glitches will not be honoured and a refund or compromise price will be offered at managerial discretion.
3.6 Prices offered for installation are estimations only, especially where posts are sunk into the ground. We reserve the right to update price before, during and after the work has taken places to cover any unforeseen costs.
3.7 You have a 7 day cooling off period from the time you place the order on our site. If you wish to cancel your order, you must contact us before the 7 day deadline has passed, you can let us know by telephoning or via email. Due to the customised nature of the product, your order will not be actioned until this 7 day period has expired. If you request to waive these rights in writing, we will proceed before the 7 day period.
3.8 Unless otherwise stated/requested we use 'Frame' materials ranging 70mm-195mm x 44mm-70mm, Bracing 95mm x 150mm x 18mm-49mm, all boarding on framed gates are from 15mm-21mm thick with widths ranging from 60mm-150mm. We will choose the best dimensions unless requested otherwise (charges may apply). Please note timber is a natural product so these can vary slightly but within our tolerance guidelines of 5mm (10mm overall).
3.9 On mortise and tenon gates the joints are glued for strength and durability. Diagonal bracing is glued and stapled into place. Boarding/cladding is fixed to the frame using secret pins and glue which gives a clean and strong fix.
4.1 Delivery of the Goods shall be made by the Seller, unless notified by the Buyer that the Goods are to be collected from the Seller's premises.
4.2 All Goods, wherever possible, will be delivered within 112 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. 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.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date providing work has been commenced in part or full.
4.5 Title (ownership) and risk in the Goods shall pass to the Buyer upon delivery of the Goods providing the delivery has been supplied through an authorised courier.
4.6 In the unlikely event that you are not satisfied with your goods please inform us within 7 days, starting on the day after the goods are delivered to you and once the goods have been returned to us we will give you a full refund or replacement. The goods must be returned to us unused and together with a copy of the receipt. Please note that goods will only be replaced/refunded if they are faulty or differs in any way with the specifications supplied by yourselves at point of order. All products are guaranteed against faulty workmanship, and if any are found we will be happy to replace/repair once they have been returned. Please note that timber is a natural product and is prone by its very nature to some movement and drying cracks for which we cannot be held responsible. Should anything you order from us arrive damaged or faulty, please let us know within 2 days of receipt. We will arrange for a collection and repair or replacement. You can let us know by telephoning or via the web site contact form. NOTE. We may use a third-party courier service in some cases. In these cases, please check all items are present and undamaged. If items are damaged they must be refused or signed as damaged and we must be notified immediately so that we can inform the couriers for insurance purposes. Any items damaged and signed for in good condition or notified after 48hrs cannot be refunded or replaced under warranty/guarantee.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description within the invoice documents given by the Seller.
5.2 The buyer must check all documentation and itemised sales invoice and advise immediately if any details are incorrect.
5.3 Changes or additions to the order in any way may involve an extra charge being applied and/or cause rescheduling of delivery.
6. Cancellation And Returns
6.1 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 of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must be within 14 calendar days of receiving the item and clearly show the original invoice number on the package. The return cost must be covered by the Buyer unless the item in question is faulty/damaged.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault, the Buyer will be liable for the cost of remedying such damage.
6.5 Please Note, all gates sold are classed as made to measure/ bespoke and are made to the consumer’s own specification, your rights to withdraw from the contract is exempt under The Consumer Protection (Distance Selling) Regulations 2002. This does not affect your statutory rights.
6.6 Bespoke and/or outsourced products purchased on your behalf can be returned after receipt of delivery. You must contact us to arrange a Return Reference number and address to send to. These items will be subject to a 20% - 40% restocking fee, depending on the item.
7.1 In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship. Faulty workmanship is defined as horizontal joints pulling apart.
7.2 Any outstanding payments not made in full to Timber2Homes Ltd or associated/subcontracted companies will void any/all guarantee.
7.3 We cover faulty workmanship for 12 months, however due to the nature of the materials i.e. timber, the guarantee/warranty does not cover natural movement, twisting, shrinkage, splits, bowing and all problems relating to this. Installation work is covered for 30 days however due to the nature of the materials i.e. timber, the guarantee/warranty DOES NOT cover natural movement, twisting, shrinkage, splits, bowing and all problems relating to this.
7.4 If any products are supplied untreated. The buyer accepts full responsibility for treatment of all items. Failure to apply sufficient suitable treatment will result in any warranty/guarantees being void.
7.5 The guarantee/warranty will also be null and void to products that are 'poorly' fitted or automated when this was not how the gates were purchased. And/or automated incorrectly i.e. underground automation arms not extended. These factors will be classed as abuse and Timber2Homes Ltd will NOT take responsibility.
7.6 Any products reported to be not fit for purpose or having a manufacturing fault must be removed from use immediately so they can be returned/inspected by Hallmark Manufacturing Ltd or an authorised third party. Splits/Cracks/Warps/Twists/Distortion is NOT a manufacturing fault. In the event of a Product experience this kind of movement during extreme hot/cold/wet/dry weather, they will normally return to its previous form when the weather stabilises.
7.7 The guarantee/warranty will also be null and void to products that are not suitably treated sufficiently by the customer. We recommend at least 1 – 2 coats of your chosen treatment after installation and within the first 1 week. These factors will be classed as abuse and Timber2Homes Ltd will NOT take responsibility.
7.8 Any products treated in a water based treatment by Timber2Homes LTD will not be guaranteed for more than one month. You will also be recommended to retreat you products in a water based treatment asap and/or at least 2-3 times a year to maintain your products protection. As a recommendation we may also advise you to retreat your water based product with an oil based for the longevity of your product.
8. Limitation Of Liability
8.1 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.
8.2 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.
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.