Terms of Business and Conditions of Sale

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1.

It is the intention of the Company that all terms of a contract between the Purchaser and the Company are contained in this document referred to in the brochures and specifications provided to the Purchaser.

            
1.1

No variation of or addition to the work specified in the Schedule set out (enclosed in the company quotation) shall have effect unless agreed in writing under the signature of a duly authorised officer of the Company.

     
1.2

The customer will be deemed to accept these terms of business and conditions of sale when instructions are given by the customer to proceed.

    
2.

The size and design of gates is at the discretion of the customer and the customer shall provide accurate dimensions and a description of the site for which the gates are to be made. Company design decisions may overrule other considerations but will take customers' wishes into account unless an order or drawings indicate that a specific or special arrangement is required. Whilst every effort is made in the selection of timber used, and we as a small company are very proud of our products, unfortunately we cannot accept any responsibility for small defects in timber, which occur after the products have left the workshop due to the natural movement of timber.

    
3.

The company guarantees all materials for a period of one year.

    
3.1

Gates: With the exception of tanalised field gates all gates are supplied treated with a base coat only. At least two further coats of spirit based wood preservative must be applied, in the chosen colour, as soon as possible. If you wish to paint or stain your gates we recommend that you seek professional advice. Timbergates will in no way be held responsible for the premature failure of any timber caused by the incorrect choice of any paints or stains applied to the gates once they have left our workshops..

     
3.2

Gateposts: Some air cracks, shakes and splits may appear in timber gateposts after installation (and treatment by the customer). This is normal and due to natural movement of timber and as such will not be covered by the warranty.

    
3.3

Warranty claims will only be assessed when the goods are returned to the factory for examination. When the complaint is found to within the terms of the warranty the goods will be replaced and any carriage costs reimbursed. The Company, in respect of this guarantee, will issue no further paper work.

     
4.

The company guarantee will not cover twisting of gates where automation is fitted.

     
5.

Any specified period for delivery shall be deemed to commence once all details of the order and payment have been finalised. All delivery dates are subject to fires, strikes, and other causes beyond the control of the Company and which interfere with the Company’s execution of the order. Time shall not be deemed to be of the essence of the contract.

    
6.

The contract is binding on both parties and may not be cancelled unless both parties so agree in writing.

   
7.

Payment in full for the goods ordered will be made at the time of order. Credit accounts for merchant customers are subjected to additional conditions qv.

    
7.1

Payment can be made by cheque, credit card or bankers order. Cheques should be made payable in favour of the Company. When payment can only be made in cash it must be by prior arrangement. Cheques or cash may be handed to an accredited agent or staff of the Company, but the Purchaser must retain a copy of the order with payment indicated and receipted by the recipient of the cheque or cash.

   
8.

The Company operates a policy of continuous improvement of its products, and the Company reserves the right to change the specification of its products without prior notification to the Purchaser if such change relates to an upgrade in the specification. The Purchaser will bear no extra cost for any change to the specification.

       
9.

Risk or damage to or loss of any products shall pass to the Purchaser once the same have been delivered to the Purchaser’s premises. Legal title to the products shall not pass to the Purchaser until the Company has received in full for the price of the products.

   

THESE TERMS AND CONDITIONS SHALL NOT BE CONSTRUED AS TO AFFECT THE

STATUTORY OR COMMON LAW RIGHTS OF THE PURCHASER

   

June 2017

 
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