Terms and Conditions of Sale January 2018
“The Company” means Scandinavian Homes Ltd.
“The Client” means the person, company or entity wishing to purchase from the Company.
“The Goods” means all products purchased by the Client from the company.
“The Services” means all services purchased from the company by the Client.
These conditions shall apply without modification and to the exclusion of all and any other conditions including any appearing in any quotation, form of acceptance, delivery form or other document coming from the Client to the company unless otherwise agreed by the company directors in writing.
No other conditions express, statutory, implied or otherwise other than those incorporated in this contract shall form part of the contract except where the Client deals as a Consumer as defined by section 12 of the Unfair Contract Terms Act 1977 when the terms set out in sections 13,14,15 of the Sale of Goods Act 1979 and subsequent legislation thereto are implied into this contract.
3. Official orders
All orders are placed and accepted by the Company only under these terms and conditions.
Price lists and estimates are subject to variation without notice and are confirmed only on acceptance of an order by the company. Prices are valid for the period stated on a quotation provide by the Company.
The Company reserves the right to accept or reject any offer to purchase once a quotation has expired.
Prices quoted will be valid and any order accepted at the rate ruling at the time of quotation but will be subject to any exchange rate variation greater than 5% of that ruling at the date of quotation. Once a deposit has been accepted, the balance of the order will be subject to any variation of the exchange rate greater than 5% within the period between payment of the deposit and the balance becoming due.
Unless otherwise agreed in writing by the directors of the Company, payment terms are as stated on the invoice. Payment of deposits must be received before an order is confirmed as accepted and further payments must be made before delivery and on completion of projects according to the terms. The Client is not entitled to withhold payments for any reason in the event of a dispute unless agreed in writing by the directors.
i) Any statement made by the Company as to time or date of delivery of goods or services is approximate.
ii) The Company is not liable for any delay in the delivery of goods or services, nor is it liable for non-delivery owing to causes beyond its control: such causes may include, Act of God, force majeure, war or hostilities, legislation, Government order or Direction, strike, lockout, labour disturbance, civil unrest, fire, accident or breakdown or any shortage of labour or materials or reduction, delay or stoppage at the works of any Goods supplied and in any such case the Company is released from any obligation to complete the contract with the Client by any particular time or date.
iii) Unless otherwise expressly agreed in writing by the Company, any deliveries made on Bank Holidays or outside normal working hours shall be subject to additional charge.
iv) The Company reserves the right to deliver in instalments, particularly when Goods constitute more than one load or loads originate from separate sources.
v) Where Goods have been despatched from source and the Client is unable to accept delivery, temporary storage of the Goods may be organised and unless expressly agreed in writing by the Company this will be accompanied by additional charges.
vi) Title to the Goods shall pass only once full payment has been received by the Company.
7. Inspection and Acceptance
i) The Client must examine the Goods within 7 days of receipt for damage or omissions or any variation from the Goods expected which can be reasonably identifiable and the Company should be immediately informed. The Company will make good any damage, shortage or defect which was not reasonably identifiable on inspection if notified in writing within 6 months of the receipt by the Client. This shall be the limit to the Company’s obligation and under no circumstances shall the Company be liable for any direct, indirect or consequential losses by the Client or any other person or company, whatsoever or howsoever arising from any such damage, shortage, variation or defect.
ii) The Company shall not incur any liability for damage, shortage or variation from the delivery note complained of by the Client unless the Company is given access to inspect the said damaged, defective or incorrect Goods, together with the storage conditions in which the Goods have been kept.
iii) Any alleged damage, shortage, defect or variation shall not constitute valid grounds for the Client to delay or withhold payment for the Goods delivered.
i) The Company guarantees Goods supplied as free from defects for a period of two years and should defects become apparent within that period which can be attributed to a manufacturing or material fault, the Company undertakes to replace said Goods within a reasonable period. The Company will not be liable for damage or defect arising from incorrect storage of the Goods, unauthorised modification, repair or incorrect installation, normal wear and tear or accidental damage.
ii) Goods supplied by the Company accompanied by a manufacturer’s guarantee which is longer than the company warranty shall be covered by that guarantee.
iii) If Services are supplied by the Company and the quality of those Services does not match the requirements of the Company, the Company will undertake to inspect the work done and make good within a reasonable time if the Company agrees with the Client’s complaint. At no time can the Company be responsible for Services supplied by third parties appointed by the Client.
9. Provision of Services
Where Services are supplied, these are provided within normal working hours and unless otherwise agreed in writing and at additional cost to the Client, are not provided at weekends and public holidays. Changes to the agreed provision are at the discretion of the Company and shall not include design changes or general maintenance.
10. Custom Designs
As far as is practicable, the Company will undertake to meet the Client’s requirements for custom designed Goods. Where such designs are undertaken, the Company reserves the right to alter custom designs to ensure legislation is complied with and that Goods supplied are fit for purpose.
The Company accepts liability for any loss of or damage to private property or death or personal injury caused by the negligence of any person or persons employed by the Company. Except in the case of death or personal injury this is limited to the contract value.
No liability will be accepted for:
i) Inappropriate or incorrect use of the Goods.
ii) Consequential losses incurred during the guarantee period or through failure to fulfil the contract.
12. Intellectual Property
The Company indemnifies the Client against any third party claims of intellectual property infringement by the Company’s Goods. The Company reserves the right to make alterations to or substitution of the Goods at its own cost to comply with any legal settlement and the Client agrees to co-operate with any such claim by a third party.
The Goods are subject to the export control laws of the country of origin and the Client agrees to comply with these at all times, including the subsequent disposal of the Goods.
Both the Client and the Company must treat all information and correspondence as confidential and not disclose to third parties without written consent.
15. Termination of Contract
The Company may terminate this contract at any time by providing notice of termination in writing and by returning all monies paid. The Client may also terminate the contract in writing and in such case the Company may reserve any costs incurred by SHL in fulfilling the contract. If an order has been placed by SHL with a supplier and manufacturing has commenced, the Client will forfeit any non-refundable deposit already paid to the supplier and may be liable for the full cost of the contract.
16. Client’s Obligations
i. Selection of the Goods and suitability for purpose.
ii. Materials and Services not included in the delivery or provided by the Company.
iii. Provision of foundations, construction, decoration, supply and installation of utilities, furniture, planning permission and building regulations unless these form part of the contract.
iv. Adherence to installation instructions, where installation is not undertaken by the Company.
v. Safe and secure storage of the Goods.
vi. The Client shall indemnify the Company against third party claims arising in respect of the Goods supplied.
17. Data Protection
The Company agrees to keep all data secure and restrict its use to employees of the Company in accordance with legislation.
18. Consumer Rights
These terms and conditions do not affect your statutory rights under the Consumer Protection Act 1987.
These terms and conditions are construed under the laws of England and both the Client and the Company agree to submit to the jurisdiction of the English courts.
Should any part of this agreement be overruled by law, the remainder of the contract shall remain in force. The Company reserves the right to transfer its obligations or rights in this contract in whole or in part to a third party. Any order shall be deemed a new and separate contract.