STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES
Stone Wood Service Ltd.
52 Studland Road,
London, W7 3QX,
Company number: 10124770
VAT number: 238991557
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means StoneWoodService of 52 Studland Road, London, W7 3QX, United Kingdom
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 THE ORDER
3.1 The Proposal attached tothese Terms and Conditions shall remain valid for a period of 7 Days
3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 All advertised sizes and measurements are an approximation only. The Company will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given.
3.5 All of our products are made to order according to your personal preference and taste and each piece is individually crafted especially for you.
4 PRICE AND PAYMENT
4.1 The prices of the goods / services are set out within the sales order. The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 A deposit must be placed to confirm the sales order.
4.3 Custom made houses, log cabins, wooden gazebos and furniture require a payment equivalent to 50% of the order value prior to production commencing.
4.4 All remaining balances are payable, in full, no less than 14 days prior to delivery, as cleared funds.
4.5 Credit card payments are subject to a 2.5% surcharge
4.6 No building and furnitures will be delivered without full cleared funds.
4.7 The prices shown in the Company’s price list are in £GBP and are inclusive of VAT at the current rate.
5.1 The date of delivery of the Goods and Services is as specified in the Proposal. The Supplier may vary these times by intimating in writing details of the change to the Customer but in any event, the Goods and Services will be delivered waiting time 6 – 8 weeks of the contract date unless there is an agreement with the Customer to the contrary.
5.2 All risk in the Goods shall pass to the Customer when they are in the physical possession of the Customer.
5.3 The offload destination will be to the nearest hard standing kerbside location only.
5.4 Any delivery failures or delays due to incorrect delivery information may result in additional charges.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and It is the customer’s responsibility to ensure that the size, height and placement of the building have all the relevant permissions granted prior to purchase and installation.
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will:
8.1.1 be of satisfactory quality;
8.1.2 be fit for a particular purpose where the Consumer indicates or where it is obvious that they are required for a particular purpose;
8.1.3 match the description, sample or model;
8.1.4 be installed correctly, where installation has been agreed as part of the contract;
8.1.5 conform to the contract to supply content where the Goods are an item that includes digital content.
8.2 The Supplier shall perform the Services withreasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 In addition to the Customer’s statutory rights, the Supplier guarantees that the Goods and Services will be free from defects in materials and/or workmanship for a period of 6 monts from the date that the Goods and Services were supplied.
8.5 Clause 8.3 does not apply:
8.5.1 if a fault arises due to any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Goods and Services after risk has passed to the Customer;
8.5.2 if a fault arises due to willful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.
8.6 If the Services are found to be defective in accordance with these Terms and Conditions then the Supplier shall either re-perform or refund any monies paid for the defective Services when notified by the Customerof of the defect within a reasonable time.
8.7 If the Customer has not paid for the Goods and Services in full by the date the defect in the Goods and Services is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Clause 8.
9 BURDEN OF PROOF (GOODS)
9.1 If the Customer chooses repair, replacement, price reduction or the final right to reject, and if the defect is discovered within six months of delivery, it is assumed that the fault was there at the time of delivery unless the Supplier can prove otherwise or unless this assumption is inconsistent with the circumstances (for example, obvious signs of misuse).
9.2 If more than six months have passed, the Customer has to prove the defect was there at the time of delivery. He must also prove the defect was there at the time of delivery if he exercises the short-term right to reject the Goods. Some defects do not become apparent until some time after delivery, and in these cases it is enough to prove that there was an underlying or hidden defect at that time.
9.3 The Customer cannot claim for defects that are brought to his attention before the sale, or if the Customer examines the Goods before purchase and any defects should have been obvious.
9.4 The Customer cannot claim for damage he causes or if he simply changes his mind about wanting the Goods.
9.5 Neither can the Customer claim if he chose the product himself for a purpose that is neither obvious not made known to the Supplier and he then finds that the item is simply unsuitable for that purpose.
9.6 The Customer has no rights to claim for faults that appear as a result of fair wear and tear.
9.10 Customer will be asked to sign a Customer satisfaction form. The Customer should note on
this form any problems that he has with the building,furniture or installation at this point. If
problems haven’t been noted at this point and a re-visit is required to resolve the problem the
Customer may be charged a call out fee. This is at the Company’s discretion.
10.1 The Company or the Customer may cancel the contract at any time, prior to commencement of manufacture of the goods(usually not more than 7 days)by giving written notice.
10.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above or e-mail within 7 days of placing an Order and any deposit paid will be refunded in full.
10.3 If the Customer fails to cancel the order within the time specifiedin Clause 10.2 any deposit paid may not be returnable.
11 LIMITATION OF LIABILITY
11.1 The Supplier shall not be responsible for:
14.1.1 losses that were not caused by any breach on the part of the Supplier; or
14.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
14.1.3 any indirect or consequential losses that were not foreseeable to both the Customer and the Supplier.
11.2 The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Customer’s legal right to have Goods sent or Services provided within a reasonable time or to receive a refund if Goods or Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.
11.3 Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.
12 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.
13 ASSEMBLY & INSTALLATION
13.1 If the Customer requests the Company to install the goods, then the Customer shall be responsible to the Company for ensuring sufficient parking and clear access to and around the site. Access should be wide enough for a person to walk through without height restrictions, steps, severe turns as some sections of the goods may not be able to negotiate these. For Health and Safety reasons we cannot take panels over fences, walls, hedges, garages. The base will be clear of all rubbish.
13.2 Customer must obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and It is the customer’s responsibility to ensure that the size, height and placement of the building have all the relevant permissions granted prior to purchase and installation.
13.3 Customer must ensure 600mm (2ft ) unconstructive access is provided all around the proposed site.
No trees, branches, or similar encroach upon the working space of the proposed site. And
Provide clear external pedestrian access (not turn or height limited) to allow unimpeded passage of the product components and sections.
13.4 Upon completion of the installation of the building and furnitures the Customer will be asked to sign a Customer satisfaction form. The Customer should note on this form any problems that he has with the building or installation at this point. If problems haven’t been noted at this point and a re-visit is required to resolve the problem the Customer may be charged a call out fee. This is at the Company’s discretion.
14 Timber and Other Natural Products
Wood is a natural product. It is one of the most commonly used raw material in construction work for a number of reasons; it can be very flexible under loads, keeping strength while bending, and is incredibly strong when properly treated. It simultaneously retains a very natural and unique character, as no two planks of wood are the same.
However, it is important to remember that the natural qualities of the wood alongside the climate and weather conditions impact wood so that it may undergo some slight variations or alterations over time.
Our products are made exclusively from wood cut from coniferous trees (pine, spruce) which have grown in carefully tended European forests. Before use, the wood undergoes an extensive drying process, which results in the wood splitting less and losing a lot of it’s natural moisture. It’s moisture content after such a process constitutes for approximately 15- 18%. The wood is then planed and sanded. Depending on your preference, which will be discussed with you when you place your order, the wood is then impregnated or coated with paint to maximize durability or change the appearance and feel of the wood according to your taste.
14.1 Wood works
Wood, as a natural material, expands or shrinks (up to 10%). To some extend, you have to allow for this natural quality of the wood, and therefore the appearance of small chinks is a normal occurrence and this nature cannot be prevented by any technical process.
14.2 It changes colour
Under the influence of sunlight, wood minimally changes colour. It is possible to use specialist wood paint to minimize this process, but it can never be entirely halted.
14.3 It cracks
All the wood we use for our products undergoes a drying process, which inevitably causes some slight ‘imperfections’, such as minimal cracking or bending. Even the most careful selection of wood doesn’t fully guarantee to stop this process.
14.4 It has knots and resin wood sap
Wood knots are a natural occurrence in wood surface. Depending on the types of wood, these can differ in size and amount. Resin wood sap is a natural process which is impossible to completely prevent. However, it occurs very rarely.
Despite using the most modern technologies and selecting the highest quality materials, the above processes are natural and unpreventable and therefore we aren’t liable for complaints and returns.