DUTY OF CARE
We agree to exercise all reasonable skill and care in the performance of the Services and shall discharge our duties in a timely manner provided we receive the initial 50% deposit of the total fees when asked to proceed with the work and 45% before the installation (the final 5% paid on completion). These terms and conditions govern all contracts entered into by the Company for the supply of sale of goods or services.
TERMS OF APPOINTMENT
1. The “Company” or “West of England Stabling” shall refer to West of England Stabling Limited. These terms and conditions govern all contracts entered into by the Company for the supply of sale of goods or services. Any order given to the Company shall be deemed to constitute an Agreement to be bound by these terms and conditions. No variations of these terms and conditions shall be of any effect unless agreed by the company in writing.
2. These Conditions shall override any contrary, different or additional terms or conditions (if any) contained in or referred to in an order form or other documents or correspondence from the Customer and no addition or substitution of these terms will bind the Company or form part of any Order
3. All goods remain the property of the Company until paid for in full including any additional charges that are applicable:
(i) The balance shall be paid on dispatch for goods not being installed by the Company and on the last day of installation by good being installed by the Company.
(ii) In the event of the balance (or any unpaid invoices issued) of the Purchase Price not being paid immediately upon completion of the delivery of the goods in accordance with 9.2(b) the Company shall be entitled without further notice to dismantle and remove the goods. The Customer hereby authorises the Company to gain access to the Site for the purpose of inspecting, dismantling and removing the goods.
(iii) It is the customer’s responsibility to ensure that they or a representative on their behalf is available to make payment upon completion even in the event the delivery dates are altered by the Company.
(iv) invoices for late payment will be issued every 14 days or part thereof until paid.
(v) Should legal action be incurred to recover monies due to the Company, any additional costs including legal costs will be paid by the customer.
4. For all orders a 50% deposit to be paid upon order and a further 45% prior to delivery, with the balance to be paid on the day of delivery or the last day of erection. The final payment is to be made by cheque and given to the driver unless prior arrangement has been made for an alternative method of payment (e.g. BACS) to arrive on the appropriate day.
5. All quoted prices are subject to VAT at the current rate. In the event of any increase in the cost to the company of overheads, labour, goods, materials or transport after the date of quotation the company reserves the right to increase its prices accordingly. Once your deposit is received the price will stay fixed for four months.
6. The Company warrants that the Company has good title to the goods and that pursuant to S12(3) of the Sale of Goods Act 1979 or S2(3) of the Supply of Goods and Services Act 1982, whichever applies to the Order, it will transfer such title as it may have in the goods to the Customer pursuant to Condition 27.
7. Title to the goods comprised in the Order shall not pass until the Customer has paid the full price to the Company, but, even though title has not passed, the Company shall be entitled to sue for their price once its payment has become due
8. The Company’s brochure and any elevated drawings, is a guide only and does not form part of any contract. All goods are supplied subject to reasonable availability to the company of suitable materials and labour. Some timber sizes are nominal and subject to normal variations. Timber is a natural product, which is inspected at time of manufacture. We cannot be held responsible for subsequent timber shrinkage, warping, cracking or movement after erection. The company reserves the right to alter specifications without prior notice. In the event of any errors, the company will only be held responsible if both the customer and the company have confirmed their requirements in writing.
9. Any alterations made to the design or build by the customer or anyone else other than West of England Stabling will void the warranty provided by the Company.
10. The Customer is responsible for ensuring that all licences, consents, permits, planning permission or other necessary permissions for the erection of the goods contained in the Order have been obtained prior to the Delivery Date.
11. If, on arrival the groundworks or base is found to be unsuitable for the installation or build. The company reserves the right to reschedule the installation/build to fit in with our schedule at the customer’s expense and this may affect time scales.
12. The company reserves the right to postpone or reschedule any installation or build in adverse weather conditions and any subsequent delays as a result of adverse conditions or due the ground conditions may affect time scales
13. The company reserve the right to return to our works and levy a charge if the following access is not available. The customer will provide suitable access for our lorry to get 1.5 metres from the concrete base or place of erection, to enable unloading by two persons. The company also requires 1 metre clearance around the base and your boundary. We must be notified 3 weeks prior to delivery if such access is not possible whereupon the company will reflect any additional expense, in writing, to the customer who must then either provide further suitable personnel or suitable transport to enable access to the site or agree to pay further charges for West of England Stabling to provide additional personnel. Access to the site must be safe and unrestricted. The Company will not be held responsible for any damage howsoever caused to the customer’s land or property whilst gaining access, or in the execution of the erection of the customer’s buildings. This includes vehicular access to the customer’s base/site and required transit across the customer’s land/paddocks/fields or gardens.
14. Any site accessed across unmade roads / surface areas can cause delays to the working schedule and therefore completion dates / times.
15. If the Company shall be unable through circumstances beyond its control, to deliver the goods within 14 days after notification to the Customer or its agent that the goods are ready for delivery, the Company shall be entitled to arrange storage on behalf of the Customer, whereupon delivery shall be deemed to have taken place, all risk in the goods shall pass to the Customer and delivery to the Customer of the relevant warehouse receipt shall be deemed to be delivery of the goods for the purposes of Condition 4. All charges incurred by the Company for storage or insurance shall be paid by the Customer within 30 days of submission of an invoice. The Company reserves the right to sell any stored goods Where storage costs are not paid in full.
16. The Company reserves the right to reschedule the delivery / installation date to the end of the delivery calendar should the customer reschedule the delivery date
17. Should the delivery be aborted due to an inaccessible site or incomplete groundwork’s, the goods will be stored on the customer’s property and the final balance payment will become immediately due. Risk to the goods will pass to the customer. The Company retains title to the goods until full payment is made.
18. The Company may request additional labour or machinery to be made available if required for a specific job or if the access is not suitable for the delivery / installation to be undertaken. The cost of additional labour and any machinery (e.g. Telehandler, tractor and trailer) is payable by the customer. Additional costs will be incurred by the customer and invoiced accordingly for returning to site and installing buildings / goods. All extra invoices will become due for payment prior to the completion of the installation.
19. Should only part of the individual contracted goods be delivered due to multiple delivery vehicles being planned to be used over a period of days and the delivery be aborted, then the full balance payment is still due upon completion of the first deliver.
20. Some products are delivered “ready assembled” and therefore should access not be available for this, the goods will be left at the nearest location to the delivery address for the customer to make alternative arrangements. Any balance payments due will then fall payable at this point.
21. Customers must insure all materials/buildings delivered to site are adequately covered by insurance against fire, theft, extreme weather conditions, Acts of God, or other loss or damage.
22. Risk in the goods shall pass to the Customer upon delivery of the goods.
23. Any time or date quoted by the company for delivery is given and intended as an estimate only and the company shall not be liable in any manner whatsoever for any loss or damage or failure to deliver within such times. No delay or failure in respect of delivery or part delivery shall entitle the customer to treat the contract as repudiated. The company will not deliver any buildings or machinery through or over any domestic buildings or over fences.
24. Should the pre-arranged delivery date be rescheduled by the customer, the Company cannot be held responsible for any further delays
25. Delivery of DIY or any other non-installed goods will be curb side only.
26. Unless otherwise stated on the Order Confirmation, the price quoted excludes delivery to the Site specified in the Order or erection of the goods, the Company reserves the right to make an additional charge to cover any transport costs if the Site is not accessible on the Delivery Date and the delivery aborted.
27. Any off-cuts of materials and rubbish will be removed from site by the Company unless otherwise agreed with the customer prior to installation.
28. If the customer requires to cancel the order this should be notified 15 working days prior to delivery, whereupon the deposit will be returned in full, provided work has not been started or disruption caused to the working schedule. In any event an administration fee may be added. The company reserves the right to dismantle and remove any buildings not paid for in full. The customer must allow the company’s staff access to the site for this purpose. The customer will be notified in writing if this action is to be instigated. Interest will be charged on overdue payments at 5% over base rate.
29. Should the Customer cancel on the day of delivery payment will be due in full.
30. Any complaints must be notified to the company within 7 days of the delivery/completion of the building(s). Complaints must be notified prior to any livestock has being admitted. Complaints regarding garages or workshop type buildings must be notified prior to any internal work being carried out. The company will not be held responsible for damage caused by extreme weather conditions, fire, theft, or Acts of God.
31. The Company reserves the right to rectify any issue raised by the customer in order that the goods conform to the Order Confirmation and Specification. The Company will not credit or reimburse the customer for any works made by a third party without written consent of the Company.
32. The Customer agrees to respond to the correspondences of the Company within 7 days of receipt in order to rectify complaints in a timely manner.
33. The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection therewith, shall be referred to the English courts.
34. By placing an order with West of England Stabling the customer confirms acknowledgement of the conditions of sale above.
35. The Company shall not be under any liability for any failure to perform any of its obligations under the Order due to Force Majeure. Following notification by the Company to the Customer of such cause, the Company shall be allowed a reasonable extension of time for the performance of its obligations.
36. For the purpose of the Conditions “Force Majeure” means fire, explosion, flood, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour disputes or events or circumstances outside the reasonable control of the Company.
37. Subject to Condition 16 and notwithstanding anything contained in these Conditions (other than Condition 16) or the Order Confirmation, in no circumstances shall the Company be liable in contract, in tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof:
(i) for any loss of profit, business, contracts, revenues or anticipated savings; or
(ii) for any special interest or consequential damage of any nature whatsoever.
(iii) for any losses incurred or additional expenses due to other services ( plumbers / electricians / decorators / builders ) being delayed due to and alteration in the delivery date made by the Company.
LIMITATION OF LIABILITY
38. Subject to Condition 16 and notwithstanding anything contained in these Conditions (other than Condition 16) or the Order, the Company’s liability to the Customer in respect of the Order, in contract, in tort (including negligence or breach of statutory duty) or howsoever otherwise arising shall be limited to the price of the goods specified in the Order.
UNFAIR CONTRACT TERMS ACT 1977
39. If and to the extent that S6 and/or S7(3a) of the Unfair Contract Terms Act 1977 applies to the Order, no provision of these Conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Company for breach of the express warranties contained in Condition 6, or for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Order by S12(3) of the Sale of Goods Act 1979 or S 2(3) of the Supply of Goods Act 1982, whichever Act applies to the Order.
40. Where the Purchaser is a natural person and if and to the extent that S 2(1) of the Unfair Contract Terms Act 1977 applies to the Order, nothing in these Conditions shall operate or be construed to Operate so as to exclude or restrict the liability of the Company for death or personal injury caused to the Purchaser by reason of the Company or of its servants, employees or agents.
41. The Order shall be considered a contract made in England and shall be governed in all respects by the law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.