Terms & Conditions for supply of goods
updated February 2022
1. Definitions In these Terms & Conditions of Sale, hereinafter referred to as “T&C”, where the context permits the words
- ‘Term’ or ‘Terms’, ‘Condition’ or ‘Conditions’, or any combination of them shall mean these and related T&C.
- “Group”, “Company”, “us” and “our” mean any company, brand, or business of, or specified by, Benfield Timber Buildings Limited, its associates, subsidiaries, trade names, agents, suppliers, assignees, servants, and sub-contractors.
- Related T&C include our “General Terms & Conditions of Website Use & Sale of Goods” and other associates T&C.
- “You” and “Your” mean or refer to whoever places an order with and contracts to buy from us together with their servants, associates and third parties.
- “Goods” means any services, documentary information, materials, components, (pre)fabricated items, delivery & anything required for your contract.
- “Design” means any sketch, drawing, specification, engineering, calculation, or other means of conveying information for the manufacture or construction of goods, including the interpretation of any design supplied by you, or any amendments you require, together with any components to these and / or to be manufactured based upon information supplied by you.
- “Manufacture/s”, “Manufacturing”, and “Production” mean the making, supply and delivery of anything in connection with your contract.
- “Project” means the design, manufacture and supply of goods as defined herein,
- “Site” means the location specified in your quotation acceptance (QA),
- “Supervisor” means the single suitably qualified, competent person nominated by you to oversee the Project, provide information and give instructions to us.
- The use of the singular includes the plural, the masculine includes the feminine and neuter.
2. Individual Contracts These T&C apply separately to Services, Design, Manufacture & Goods, which it is agreed are for supply only and do not constitute a building contract. Each delivery is treated as an individual contract. All orders are placed and accepted by us only on these T&C. If we give credit all orders are additionally subject to satisfactory references.
3. Warranties & Undertakings We warrant that we will provide Services, Design, Goods, Manufacture, and future Goods in accordance with your Supervisor’s instructions for each contract in such manner and means as we deem appropriate. You warrant that you are the owner or authorised to act on behalf of the owner of the Project and Site and accept these T&C for yourself and all interested parties and, if a limited company, undertake for yourself and your directors to personally discharge all obligations hereunder. If you engage or employ others whether on your Project or otherwise and whether as an individual, manager, director, or company you further warrant that you are operating as a business, not a consumer. You also undertake to appoint a Supervisor experienced in the use of the Goods you are ordering with exclusive authority to approve, agree, supervise, and give instructions in respect of all matters on your behalf.
To comply with the Construction Design & Management (CDM) regulations 2015 and any revision thereto, you further undertake to appoint a Principal Designer and Principal Contractor and in default thereof will assume these responsibilities yourself being responsible for continuous examination and monitoring of the Project and for being a single point of contact to handle all communications between us and you and/or your servants although we may obtain information direct from you or them if we deem appropriate. If you fail to nominate a Supervisor or CDM Principles we may elect to act in either or both capacities or to appoint one on your behalf making an additional charge for such service/s per these T&C.
4. Estimates, Quotation/s, Prices & Extent These T&C together with any additional T&C noted on any price, estimate or quotation given to you by us are incorporated in all estimates, quotations and other prices issued by us. They supersede any and all offers and suggestions to or from you at any time and may only be varied in accordance with clause 35. No other terms or conditions express, statutory implied or otherwise other than those incorporated in this contract shall form part of this contract except where you deal as a Consumer as defined by section 12 of the Unfair Contract Terms Act 1977 when the terms set out in section 13, 14 and 15 of the Sale of Goods Act 1979 and subsequent legislation thereto are implied into this contract. Except as provided for in clause 20, if these T&C are incorporated in any other contract these T&C take precedence. Estimates indicate best current prices and are invitations to treat, not offers. Quotations and other prices are quoted on a day-to-day basis. They are subject to revision and to correction of errors and omissions arising from bona fide mistakes (E&OE – Errors & Omissions Excepted), and are open for acceptance for a period of 30 days from their date of issue unless expressly agreed otherwise in writing per clause 35. Such quotations & prices may be withdrawn at any time before contract (8). All prices quoted are based on our costs at the time of quotation or price. Any increase in these costs may be added to the prices quoted in respect of anything remaining to be completed for you plus a percentage as shown in the Schedule of Rates (41).
PC (Provisional Cost) sums cannot be confirmed until after necessary engineering and design work have been completed and appropriate orders placed with our suppliers. These will also be charged at cost plus a percentage as shown in the Schedule of Rates (41). We take reasonable care in estimating measurements and/or quantities from drawings, specifications, and/or bills of quantity supplied by you, but accept no liability for either your or our inaccuracies. You must carefully check for these. If any instructions required from you are incomplete or delayed we may increase prices & times to account for their absence or delay. All of our costs passed on to you are subject to addition per clause 41.
5. On-Line Orders All orders placed on-line, i.e. via our website, automatically incorporate these T&C. This includes orders for design, other services, and goods. Prices are subject to confirmation by us after receipt of your order. Standard designs for buildings or other structures ordered from or with reference to any of our web sites will be deemed to be on-line orders, but they will be individually manufactured and supplied especially for you. We do not keep these in stock.
6. Method of Payment and Set-offs All payments must be made in full on or before their due date as specified in clause 40. No claim by you will entitle you to withhold or delay payment of sums due. We may offset any sum paid by you to us against any of your associated account/s. Payment not made before delivery will be overdue unless credit is extended.
7. VAT, where applicable, is added at the rate ruling at the date of Invoice.
8. Contract/s & Acceptance of order/s A contract is made between you and us when we have received and accepted your order. Our consideration for this contract will be the goods to be supplied in accordance with the specification provided on line or as set out in, or modified in any formal Quotation sent to you. Your consideration will be the price (to be) paid by you including the initial or full payment. Except for on-line orders and variations, we will send you written confirmation of our acceptance of your order or your signed quotation acceptance (QA) as your order. Unless your order is for, or includes, architectural design works, after the ‘cooling off period’ (10) we will take drawings and other information provided by you as being ‘frozen’, i.e. not subject to any change, and will commence work on this as soon as is practicable. However, if you make changes to design or specification that are materially different from that Estimated for, Quoted for, or priced by us, we may terminate or renegotiate the contract. Any changes must be agreed in writing. We reserve the right to sub-contract or assign all or part of any contract. If we do anything for you on the project of a third party this will also be subject to these T&C and you will ensure that these apply and indemnify us against all claims arising out of anything to which these T&C would be a defence.
9. Consents and Approvals All estimates and quotations for Design, Manufacture and Goods are given on the basis that you have obtained, or will obtain, all consents, approvals, permits or the like required for, or in relation to, your project (e.g. Planning, Building Regulation, Public Health, Fire, Police, Highways, etc.). You are responsible for ensuring your project conforms to all of these and unless you give us written instructions receipt of which must be acknowledged by us we are deemed to have no knowledge of the same. Costs & effects of delays and extra works, fines, charges, or the like incurred by you or us and occasioned by the absence or infringement of any consents, approvals, etc. required are your responsibility and you must pay any claim made by us for these immediately any related invoice or pro-forma invoice is submitted to you. If you fail to do so we may suspend the contract.
10. Design, Specification, Variations, Meetings.
No design, preparation or other goods will be commenced until any statutory ‘cooling off’ period has elapsed UNLESS you give us specific instructions to do so and waive this entitlement so as not to delay your project. If goods are ordered to be supplied in accordance with a Standard Design no further design approval will be required from you.
If your order relates to a structure or building:-
- You must provide us with finalised, fully dimensioned, build-able, ’frozen’ architectural drawings not materially different from those upon which our estimate or quotation was based within five days of sending us your quotation acceptance (QA).
- If requested by us you, your Supervisor, your architect, your contractor/s and/or other professional advisors will attend a pre-start meeting at our offices to discuss and clarify any matters necessary.
- We will use the information provided by you to design and engineer your standard, varied, or bespoke Goods and send you:-
- First the general line and point load calculations and sole plate layout for reference by your foundation engineer /contractor
- Next the outline plans and sections developed by us for you
- If appropriate, our structural design and manufacturing drawings after completion of your order/s to enable any ‘as built’ changes to be incorporated..
You must check these for design, dimensions, conformance with planning & other permissions and structural suitability for your purpose/s and either, notify us of any changes required, or accept, sign and return copies to us within 5 days of the same being sent to you. If we hear nothing from you within 7 days of being sent we may deem them as accepted by you for manufacture.
You and your Supervisor must also read, digest and observe any and all assembly/ construction drawings, instructions or guidance notes, e.g. our booklet “Keeping Your Project on Track” to ensure that the project runs smoothly and to time.
11. Design Changes
Changes to our standard designs incur extra design/engineering costs charged per clause 41 with an initial estimate of these to be prepaid by you. Only one set of minor changes can be made to other designs at each of the above stages (10) after which your design will be finally ‘frozen’, i.e. no further changes can be made. If you make any design change at (c) above which causes part or full redesign then this will be classed as a major variation and subject to additional charge (16). Thereafter any changes required by you will incur delays and additional charges at our stated hourly rates (41) for all project elements, payable on invoice. We may opt not to proceed with any part of your project without your acceptance, but may proceed on the basis of our interpretation /amendments. We reserve the right to amend your architectural design to accord with our Systems, Specifications, Details, Manufacturing or your Site requirements and to substitute materials specified with other materials that we deem reasonably fit for purpose. Any design or engineering work done for Planning, Building Regulation, or other approvals will incorporate any related terms and conditions (1).
12. Day work / Hourly charges Each variation required by you will incur an Administration Fee plus extra charge for work involved at our prevailing hourly rates as indicated below (41).
13. Unsociable Hours All prices and quotations assume that works can and will be carried out during our prevailing working hours (41). If you require, or the project requires work to be executed outside these hours, you will incur supplemental charges per person hour at our prevailing hourly rates.
14. Intellectual property The Intellectual Property (copyrights, patent rights, whether actual or potential, ideas, designs, calculations, inventions, solutions, or the like written, drawn, photographed, discussed, or considered in any way whether related to your project or not) in all Design and Manufacture for which we consult or contract belongs to and remains with us. While we grant you a licence to use these for your project this is conditional upon our being contracted for this as appropriate. You will not be entitled to use these or any variation thereof for this or any other project without specific written agreement from our Company Secretary.
15. Promotional rights You grant us licence to enter your property to freely photograph, video & promote works in progress & our role in your project, completed or otherwise, and secure publicity for this as, where, when and in whatever manner we consider appropriate unless excluded by the contract, such inclusion not to be unreasonably withheld
16. While for convenience and the progress of any contract hereunder, regular communications may be conducted by telephone or e-mail, instructions can only be accepted from you or your Supervisor if delivered in writing by fax or mail, receipt of which must be acknowledged by us by fax or mail. However, for efficiency we may confirm any verbal instruction to you by e-mail. If at your request, or in our opinion, any variations or additions need to be made to the Design or Manufacture envisaged, your Supervisor must immediately give us a supplementary order for these which, if accepted, will be subject to these same T&C and charged on the basis of our prevailing hourly rates (41) unless you request a quotation for these in which case your project will be suspended at your cost pending your acceptance. If your Supervisor allows us to continue in the absence of such formal Variation Order this will be deemed given and the above charges shall be payable by you on demand.
17. Time Time is of the essence for all payments but time is not of the essence of any project unless agreed by our Company Secretary in writing While it is in our best interests to complete your project as quickly as possible, any estimate of start and finish times is approximate based on prevailing trading, climatic and other conditions assuming that unforeseen circumstances will not arise and is intended only as a guide to assist you. Such indications run only after our acceptance of fully dimensioned, ‘build-able’ architectural design drawings and/or your written approval of our structural and manufacturing drawings, as appropriate, and must be extended by any delays caused by late delivery of information from you, labour shortage, supply chain issues, plant & equipment failure or breakdown, etc.
18. Payments, Assignment, Certificates, Warranties, etc. (Pre)payments must be made by you in accordance with clause 40. Certificates and other documents are only issued after all payments have been received (31). If we have allowed you credit, we may sell your debt to a credit broker or factor Claims you may have against us cannot be deducted or withheld from these payments and must be pursued per clause 37 Any Warranty issued by us only has effect after all payments have been made
19. Validity, Delivery & Storage Estimates and budget prices are indicative only and are subject to subsequent formal quotation (4) or application of our prevailing hourly or other rates (41). We will endeavour to deliver goods as close to your preferred delivery date, but actual delivery will be as specified by us to accord with completion of manufacture and haulage arrangements. In any case where Design, Manufacture and Goods is in process or ready for delivery but progress is suspended or delivery deferred at your request we may invoice the full value of these together with any warehousing, storage, or other services supplied at any time, whereupon you must make payment as if the same had been delivered on the date of such invoice/s. If you do not take delivery within three months of Design, Manufacture, or Goods being suspended or deferred by you then we may additionally increase any prices charged for any elements not already completed or in store to those ruling at the date of eventual despatch. All prices and quotations are subject to the availability of labour and materials during the contract. To facilitate progress we reserve the right to alter the specifications of, or to replace, any item without prior notice (10).
20. Goods in transit Where a contract: -
- involves use of a common carrier, freight, or hire service, the customary conditions of that industry will also apply and any component or load size will be determined by such party. Any additional costs determined by the carrier will be added to your final account and payable as specified herein;
- involves the international carriage of goods by air, sea, or road so that the Carriage of Goods by Road Act 1965 (as amended) or any similar Act, is deemed to modify the terms of these T&C, the statutory terms will only apply to that part of the order that consists of the carriage of goods by road, sea or air and will not apply to any preparatory work, manufacture, warehousing, or storage;
- is for or includes hire of plant or transport;
… our Hourly and Day-work charges (41) will be deemed to be incorporated therein.
21. Protection of Goods Protection of goods in transit is only provided on acceptance by us of your express written Instructions and at your additional cost.
22. You must carefully check all Goods for quality and quantity before delivery, or immediately on receipt. If we submit any samples for your approval these will be drawn from bulk to represent the whole and no guarantee can be given that every item will be the same in all respects as the sample. Goods are supplied on the basis that they conform to the written description contained in your order or our confirmation. No warranty can be given that Design, Manufactures, or Goods conform to any sketch plan or drawings you provide, or to illustrations or descriptions in catalogues, web sites, or trade literature. Components manufactured to your variation/s, designs, specifications, or details taken off your drawings, are produced without warranty except compliance with that design or specification. If we arrange any processing of Goods on your behalf this will be carried out on the standard terms & conditions of the processor at your risk. Our liability for processed goods is limited to the costs and expenses of processing. You are deemed to be fully conversant with the nature and performance of all aspects of your project including any related harmful, hazardous or dangerous effects and are not reliant on us for any judgement, skill or advice unless confirmed in writing by our Company Secretary. No warranty is given that materials or Goods of any specific grade are suitable for the purpose required by you. Any special test or inspection of Design, Manufacture, or Goods required by you must be carried out at a location specified by us at your expense. When you, or your Supervisor, confirm any test as satisfactory our obligations hereunder will be deemed satisfied in all respects and any claim thereafter that anything is in any respect defective or unsatisfactory cannot be made or recognised. Equality as to colour, size, thickness, or shape is not guaranteed.
23. Technical Specifications, Measurements & Certificates Your Supervisor is exclusively responsible for taking and setting all levels, measurements and dimensions and providing these & other information to us in writing and for checking and accepting that our drawings, specifications and the like accord with your requirements and any approvals or permits that may be required. You are responsible for any storage, damage, loss or delay together with any associated costs resulting from any inaccuracy missing information and/or certificates unless we have been given a specific supplementary order to carry out such Design, Manufacture, Storage & Transport
24. Deliveries, Collections, Risk, Site Storage, Handling You will take delivery or accept Goods as provided in the contract carefully examining and accepting that these are in accordance therewith. Delivery is made when Goods are loaded on transport at our premises, or placed in storage, and may be phased to suit transport or site availability. All risk passes to you on delivery and you will insure Goods in transit or store in our joint names. Delivery of Future Goods depends on their availability. If you collect from us you are responsible for size, weight and positioning on your vehicle/s. You must make payment in full when we advise you that the first delivery is ready to be made even if you fail to collect or take delivery on time. Delays beyond this are chargeable. If we arrange transport of Goods for you this shall be over adopted highways to the nearest metalled hard road surface for offloading. You/your Supervisor must ensure that nothing will impede delivery by normal load transport, advising us of any height, width, weight, access, or other potential hazards or obstructions at least 21 days before 1st delivery is scheduled to take place and ensuring that you have personnel and equipment ready to receive and offload vehicles immediately they arrive. Additional costs incurred due to abnormal load or other transport provisions are payable by you. Unloading or waiting time exceeding 2 hours will be charged to you. You must provide off-loading equipment, e.g. telehandler and/or crane, etc. Unless examined by you at our factory, your Supervisor must undertake or arrange this on arrival at site before unloading and give the carrier and us written notice of any complaints about quantity, quality, or damage in transit reasonably discovered by careful examination by fax within 24 hours of receipt, also noting this on the Goods receipt note and immediately posting this and the original of the faxed notice to us by recorded delivery mail. We shall be under no liability for damage, shortage or variation unless notified of such damage, etc., nor for any delays, costs or charges incurred by you thereafter. You/your Supervisor will ensure that goods can be readily and safely moved over hard roads or other surfaces to designated safe, secure, dry, level, hard-standing /other Site storage locations, treating your subsequent on-site storage, handling & erection in accordance with TRADA, TRA, and/or our recommendations, copies of which are available on request. We are not responsible for any damage sustained to such Goods in the course of your unloading or storing these. You must provide dry storage for everything supplied and prime, stain, or otherwise treat as you require anything supplied in the white/untreated immediately, similarly treating subsequently cut surface before fixing. You must complete further decoration as soon as possible using a reputable system as recommended by the producers.
25. Continuation of Design and Manufacture, Interest on Outstanding Payments, and Security Without prejudice to any of our other rights, if we continue your project in the absence of any instruction, payment, or correction of any other circumstance then your liability for payment will not be affected and interest will accrue to us on any outstanding payment at the rate of 0.12% per day compounded daily from the due date until full payment is made. We may also demand additional security and/or vary the terms of payment.
26. Termination by us Without prejudice to our other rights, if any payment is 14 days overdue, whether formally demanded or not, or if you go into liquidation, receivership, administration, arrangement with creditors or, if an individual or individuals, any one individual applies for bankruptcy, if you cease or threaten to cease business, or withhold payment to us, if you breach your assigned credit limit with us, or we receive an adverse credit report on you, or our credit insurance cover for you is withdrawn, or your detailed design is materially different (8), or if, after we have given you 7 days notice of your default, you continually hinder or frustrate progress, we may terminate the contract forthwith. In this case all payments will fall immediately due and payable and we will be absolved and indemnified in accordance with clause 29.
27. Delays beyond our control We are not liable for costs, damages, or breach of contract if any delay in performing or failure to perform any obligations is due to anything beyond our reasonable control whether or not such cause existed or could be foreseen at the time the contract was made.
28. Supply Chain and Labour Issues Neither you nor we will be held liable for delays arising as a result of delays in availability or delivery of materials, accidents, equipment breakdown, unavailability of labour or transport, sickness affecting employees, strikes, etc. However, if you request that any works continue under any of these circumstances, then if this is possible supplementary charges will be made at the “Unsociable Hours” rate for Sunday working in our prevailing rates (41). Any loss of time resulting from any such delays must be added to any indicative times given for guidance. In cases where our initial invoice (covering design and engineering) has been paid, and material prices have changed, we reserve the right to alter our final price to you pro rata.
29. Repudiation, Cancellation & Termination Since anything done by us for you only has value for you, contracts can only be brought to an end with the written agreement of our Company Secretary and your paying all costs we deem to have been incurred plus all profits that would have accrued to us from the contract. No refund of any money paid can be made. If you attempt to end any part of any contract you will indemnify and hold us harmless against all related losses, including loss of profits, costs, other expenses, and damages, whether direct or consequential, incurred by you and/or us, and you will pay all of our bills on demand. If you subsequently do anything to the project you will be deemed to have accepted everything done by us and will indemnify and hold us harmless against any claims of any sort relating thereto. All contracts will be deemed terminated when 12 weeks have elapsed without further correspondence after design, manufacture and delivery have been completed.
30. Title & Security Title only passes to you with our receipt for all payments. Until then we retain Title in and right of disposal over Design, Manufactures and Goods. You undertake not to use, incorporate, dispose of, or assign any rights in them until all payments have been made, until when you will insure everything in your possession for their full value in our name, storing them separately and holding them in trust for sale for us. Since a Timber Frame structure may be dismantled and removed it is agreed that, for the purposes of the Property Act 1925, our goods will not be deemed incorporated until after all outer and inner claddings (e.g. brickwork, dry linings) and roof finishings (e.g. tiles) have been completed. If you contract to sell the Goods, your project or any part of it you must tell your buyer that we can claim anything you owe us from them and hold the proceeds of sale on trust for us in a separate bank account. You must discharge your debts to us before making any other payments or distribution from the proceeds of sale. We may require your lawyers or bankers to make such payment/s to us without objection from you. As security for payments we have a lien over all goods or property in our possession or on Site and you irrevocably grant us unrestricted access to Site or other location where they are situated to repossess and recover or hold these to prevent work on site proceeding pending payment, whether or not they have been incorporated into any building, without liability for any damage or delay caused by such recovery or holding. As further security you agree that where the contract is executed on behalf of a company the directors personally undertake that these T&C will be fully observed. You agree that we may register a legal charge over your assets and a land charge over the Site. If any invoice remains unpaid for 14 days after its due date we will have power without further notice to foreclose on any security and to retain or sell the subjects thereof by any means to obtain whatever price can be immediately obtained applying the proceeds towards money due to us including costs of foreclosure. Such security will not be released until all outstanding payment/s plus interest, administrative and collection costs, internal, legal or otherwise, have been paid in full.
31. Supply of Certificates, etc. HB353 engineering & other documents will only be provided after we have received full payment.
32. Storage, Warehousing, Handling, Movement & related Insurance If you delay the contract beyond the target date/s for delivery you must pay in full for everything done for you. We will provide or arrange covered or open storage for Goods awaiting manufacture and completed manufactured items together with any handling and movement that may be required to place these in store. Our charges for such movement and storage will be at our prevailing rates (41). You must pay all such charges immediately on presentation of invoice. Alternatively you may have the Goods and Manufactured items delivered to Site or other nominated location. In either event you will absolve us from any claim for damage or deterioration to Goods and materials and any subsequent relocation, transport and handling charges. You must give us not less than 7 days notice to withdraw/remove anything placed in store by us.
33. Indemnities You indemnify us and have insured or will insure against claims from anyone against us arising from:-
a. accident or damage of any kind in transport or unloading
b. fire, flood, other hazards & all other insurable risks on your Site
c. injury, loss or damage in respect of or resulting from your Site
d. expenses incurred in complying with any law or regulations.
e. absence, failure, or mal-operation of anything supplied by you
34. Guarantees We guarantee Manufacture against defective workmanship for 6 months from their completion ready for delivery. This guarantee is transferable to subsequent owners of the project. However, if you require a lower priced alternative to our quotation e.g. by the omission or substitution of any materials we recommend, this guarantee may not be available. (Full details available on application).
35. Variation of Terms Our Company Secretary must agree any variation to these T&C in advance of our starting any project. No variation, or anything found by a competent authority to be for any reason invalid, unenforceable or excluded from these T&C shall affect the generality, legality or enforceability of the remaining T&C. Any contract incorporating these T&C constitutes the entire understanding between you and us and supersedes all previous communications, presentations, understandings, or contracts, written or oral between you and us and any terms and conditions of any order from you that may seek to vary them must be accepted and confirmed in writing by our Company Secretary.
36. Complaints Procedure We operate a formal Complaints Procedure. If you wish to complain about the service/s or product/s that you have received, please write to our head office asking for our ‘Customer Complaints Procedure’ form to be sent to you. All complaints must be submitted in writing in the prescribed format and will be processed in accordance with this procedure. Initial complaints will generally be dealt with within 28 days, with appeals against this being addressed within a further 28 days before being subject to an independent mediation process, if necessary. Complaints cannot be lodged during a formal dispute and vice versa
37. Law, Disputes and Arbitration English law governs all contracts between us and your Quotation Acceptance/s is/are executed by you under signature as a simple contract. You may not avoid any due payment by claiming a dispute. Any monetary or other claim that you may have must be brought separately and, if unresolved within 14 days of formal notice of dispute being given by you to us, referred by you to a single Arbitrator appointed in accordance with the Arbitration Act 1996 by the President for the time being of the Chartered Institute of Building. In such Arbitration you will be deemed to have read any assembly/construction drawings, instructions or guidance, e.g. our guideline booklet “Keeping Your Project on Track”. If such referral is not made within twenty-one days of you giving us formal notice of dispute the matter will be considered nullified, we will not be required to carry out further work, and we may render our final account for immediate payment. In this case neither of us can take any further action. If no query has been raised in respect of any invoice within 7 days of service of that invoice, then we may seek unopposed summary judgement for the amount/s outstanding.
38. These Terms & Conditions of Sale are in lieu of all conditions, warranties and statements of whatever nature in respect of the Design, Goods, Manufacture/s and Supplies whether expressed or Implied by statute, trade, custom or otherwise and any such condition, warranty or statement is hereby excluded to the fullest extent possible by law. Any advice, statements or other communication made in conjunction with this project have been given in good faith and are subject to these T&C. We accept no responsibility whatsoever for any inadvertent or negligent act, error or omission on our part in making these statements or in giving advice, or for any loss, damage or expense thereby occasioned to any recipient. You shall pay in advance for any inspection required after 6 months from delivery.
39. Notices You will keep us informed of any changes in your address, facsimile number and e-mail address and of any Notices required to be lodged with Companies House. Any Notice given by us to you will be served by first class pre-paid post, facsimile or personal delivery to your last notified address. Any Notice served by you on us must be by recorded delivery first class mail to our Company Secretary at our Head Office at the time of service of such Notice. Any Notice given by letter will be deemed served 48 hours after posting. Any Notice given by facsimile shall be deemed served 24 hours after despatch. Any Notice delivered personally will be deemed served on delivery
40. Terms of Payment For All Supplies
(NB: Off-Site measure can be arranged to assist with your financing)
Unless otherwise agreed by us in writing payment for all Supplies shall be made as follows:-
- 20 % of the combined contract price for Design and Manufacture payable with your quotation acceptance (Order).
- 30% of the same combined contract price immediately on presentation of design to you before manufacture.
- 50% of the same combined contract price by cleared funds 7 days before delivery to allow time for delivery arrangements to be made. If deliveries are arranged in phases, full payment must be made as determined by the first delivery.
- 100% payment no later than the target delivery date.
Payment accepted by cleared cheque, Debit/Credit card, or Bank to Bank transfer.
41. Schedule of our Prevailing Hours & Rates as at September 2018
Standard working hours (light permitting)
Monday to Thursday only
Factory - 08.00 – 16.30, Offices - 08.30 – 17.00 Site - 08.00 – 17.30
Factory - 08.00 – 13.00 Offices - 08.30 – 13.00 Site - 08.00 – 13.00
The following hourly rates are inclusive of all statutory additions for insurance, holidays, and taxes, but VAT will be added. These are updated periodically:-
|Architect, Engineer, Surveyor or other Professional||= £175|
|Senior Managers||= £150|
|Lead operative factory and site||= £80|
|Assistant operative factory & site||= £55|
Unsociable Hours additional hourly rates: -
|Mondays to Fridays first 3 hrs||= 1.5 x above rates|
|Ditto after 3 hrs & Saturdays 18.00||= 2.0 x above rates|
|Saturdays after 18.00||= 2.5 x above rates|
|Sundays to 18.00||= 3.0 x above rates|
|Sundays after 18.00||= 3.5 x above rates|
Subsistence for overnight accommodation = £100 per night per person
Expenses charged at cost + 25%
Mileage charged out per mile in both directions:-
cars £0.50p, vans £0.70p, lorries £2.00p
Percentages added to Increased costs:-
Design = + 75%, Manufacture = + 45%
Percentage added to PC sums = +30%
Storage & Warehousing charges per week or part thereof:-
a) covered storage £3 per m2 base for each 1.5m height
b) open storage £2.25 ditto
c) handling and movement at cost plus 45%
d) insurance of Goods in store against loss, damage or consequential loss = 5% of the invoice value of Goods per year or part thereof.
Administrative charge per variation order = £100 (+ costs of execution)
Arranging Collateral Warranty = £500 charge, with £10,000 excess under Warranty
Extras payable in advance:-
Site & Foundation inspections:- Initial = £350, subsequent = £550, both + mileage