1.1 “The Company” means Stair Right Joinery Limited
1.2 “The Conditions” means the standard terms of sale set out in this document and (unless the context requires otherwise) includes special terms agreed, in writing, between the Buyer and the company.
1.3 “The Buyer” means any person, firm or company to whom Goods are supplied by the company.
1.4 “The Goods” means Goods, materials and accessories supplied by the company to the Buyer.
1.5 “The Contract” means any agreement for the sale of any purchase of Goods by the Buyer.
2. Existence of Contract
2.1 Any written quotation or estimate issued by the Company shall constitute an invitation to treat. No binding contract shall be created by placing the order by the Buyer, unless and until the Company has A, Agreed to the dimension and specification of a purpose made product. B, provided an invoice and technical drawings of which the Seller has signed and confirmed. C, accepted a deposit from the Buyer. These conditions shall apply to all contract to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document. All orders for Goods shall be deemed to be by an offer by the Buyer to purchase Goods pursuant to these conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions and the Goods.
2.2 No particulars contained in any advertising matter, catalogues or other publications supplied by the Company ( including references to weights, dimensions, or performance therein), nor any verbal representation by any employee or agent of the Company shall form part of the contract nor shall they be treated as constituting a representation on the part of the Company, but nothing in these conditions affects the liability of either party for fraudulent misrepresentation.
3. Amendments and Cancellation
3.1 No amendments to these conditions shall be binding on the Company unless accepted in writing by a Director of the Company.
3.2 Amendments to production drawings must be requested by the Seller prior to the point of order.
3.3 Any changes required to production drawings for a change of dimension or a change of detail to the original quoted details will incur a minimum redraw charge of £25.00.
3.4 The Contract may not be cancelled by the Buyer except with written consent of the Company.
3.5 In respect to the purpose made products produced by or for the Company the contract cannot be cancelled.
4. Minimum Order
4.1 Where the Buyer orders less than the minimum order value as notified by the Company at time of order, the Company will apply minimum order surcharge to what the Company sees suitable to the Goods/quantity ordered.
5.1 All prices are exclusive of VAT or any other sales tax and subject to variation by the Company without notice, and Goods will be invoiced at prices ruling at the date of dispatch from the Company’s premises.
5.2 All prices are set at a Trade Level and all Buyers agree to trade under “Trade” and not “Retail” terms by making a purchase at these prices.
6. Settlement Terms
6.1 Unless otherwise agreed in writing by a director of the Company the price of the Goods shall be paid net in cash or cleared funds at the point of order.
7. Terms of Dispatch and Delivery
7.1 Goods will be supplied and delivery of the Goods shall take place at the Buyers premises or delivery site as indicated in the Buyers order.
7.2 The Company shall not be liable in any way for any direct or indirect loss, damage or expenses (including but not limited to loss of profits and liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in delivery.
7.3 All deliveries are to the kerbside of the specified delivery address, it is the responsibility of the Buyer to transport the Goods from the delivery vehicle.
7.4 The Goods delivered are often large and heavy, it is the Buyers responsibility to ensure a suitable number of people are available to unload the Goods.
7.5 We are unable to offer specific delivery time slots.
7.6 A Premium delivery service is available for an additional cost which includes additional members of staff to assist the driver in unloading and moving the Goods from the delivery vehicle.
8. Property and Risk
8.1 Risk or loss of or damage to the Goods shall pass onto the Buyer on delivery.
8.2 Property and ownership in the Goods shall, notwithstanding delivery of the Goods to the Buyer, not pass from the Company until A, the Buyer shall have paid the Company in full there for pursuant of these conditions and B, no other sums are outstanding from the Buyer to the Company on any account whatever whether or not such sums have become due for payment.
8.3 In the event that the Company is entitled to exercise any of its rights under condition 12, the Buyer shall immediately place any of the Goods the property and ownership in which remains vested in the Company in its possession or under its control at the disposal of the Company and the Company shall (without prejudice to any of its other rights and remedies) have the right to re-possess, re-sell and use such Goods and may by itself, its servants or agents enter upon any land or building, vehicle or vessel or other place upon or in which such Goods are reasonably thought to be situated for the purpose of removing any such Goods.
9.1 Purpose made Goods with a value under £2000 require a full deposit.
9.2 Purpose made Goods with a value over £2000 require a 50% deposit.
10 Claims for Defects, Damage, Loss or Non-Delivery
10.1 The Buyer shall inspect the Goods on delivery and any alleged defect should be reported immediately.
10.2 The Buyer shall notify the Company of any non delivery of a whole consignment within 5 days of the date of dispatch was notified from the Company unless a longer delivery time was stated at the time of dispatch.
10.3 If the Buyer shall fail to comply with the forgoing, the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods. If the Buyer establishes to the Company’s reasonable satisfaction that the Goods are not in accordance with the contract or are defective, the Buyers sole remedy shall be limited, as the Company may elect, to making good any shortage, to repairing or replacing such Goods free of charge or refunding all, or part of, the contract price against return of the Goods.
10.4 The Company’s liability to the Buyer whether for any breach of the contract or otherwise shall not in any event exceed the contract price and the Company shall be under no liability for any special consequential or indirect loss or damage suffered (including but not limited to loss and profits) or liability to third parties, by the Buyer.
10.5 The Company shall be under no liability in respect of any defect in the Goods:
10.5.10 if the price for the Goods has not been paid in full
10.5.2 in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow installation instructions, installation methods not approved by the Company, misuse or alteration or repair of the Goods without approval of the Company in writing.
10.6 When notification is given of a delivery day this is a guide only there are many unforeseen circumstances that can delay the delivery EG; Weather, Traffic or 3rd Party Carriers.
10.7 It is important that no tradesmen are booked to install your new items before the Goods arrive as detailed above we cannot guarantee a delivery day with unforeseen circumstances, as Stair Right can take no responsibility for any costs incurred due to late delivery.
11. Compliance with Statute
11.1 The Buyer shall be responsible for ensuring that its use of the Goods complies with all and any relevant statutes, statutory instruments and regulations having the force of law and any relevant British Standards and shall fully indemnify the Company and keep it indemnified against all costs, claims, demands, expenses and liabilities suffered or incurred by the Company as a result of any non-compliance by the Buyer.
12. Intellectual Property Rights
12.1 No right or licence is granted under the contract to the Buyer under any patent, trade- mark, copyright, registered design or other intellectual property right except the right to resell the Goods.
12.2 If the Goods are manufactured by the Company or supplied by the Company in accordance with designs, specifications or other requirements expressly by the Buyer, the Buyer warrants to the Company that the manufacture or supply of such Goods by the Company does not infringe the rights of any third party, howsoever arising, and agrees to indemnify the Company full against any liability which may arise in respect of such infringement.
12.3 Production drawings submitted for confirmation for any purpose made product will be equal to at least 50% of the product value on items less than £1000 in value, production drawings for products with a value of over £1000 will have a value of no less than £500.
13. Set-off and counterclaim
13.1 The Buyer shall not be entitled to withhold payment of any invoice by reason or any right of set off or counterclaim which the Buyer may have or allege to have or for any other reason whatsoever.
14.1 The Company cannot cover against natural timber defects this includes colour variations in the timber, any level of deformation or shrinkage deemed to be normal by the Company or its suppliers, knot content, shakes (natural splits) in the timber. See section 16 on Acclimatisation. Defects must be notified of prior to the items being cut or fitted in any way. The Buyer must notify the company or refuse the Goods at the time of delivery any damage to the packaging and inspect these Goods immediately, otherwise if any of the damage or defects on the Goods is deemed to be damage caused by force or impact the damage on the Goods will be classed as wilful damage as the Goods are inspected for this in packaging. All transport costs are to be paid by the Buyer.
14.2 All Goods must be checked before any installation work is scheduled or under taken as the Company takes no responsibility for any costs incurred by the installer or any third party.
15.1 Important – You should note that acclimatising timber products by leaving in the room or a room with a similar humidity for at least 24 hours is essential if problems associated with shrinkage or expansion are to be avoided. Storing staircases or stair balustrade , for example, in a cold and damp garage for months and then using for immediate internal installation is not good trade practice. This is due to timber being a natural material that both absorbs and loses moisture. The rule of thumb to remember is ‘timber plus water/moisture equals expansion’ and ‘timber plus heat equals shrinkage’. It is therefore extremely important to seal/finish your timber products once installed by painting, staining or varnishing.
16. Returns Policy
16.1 The Company cannot refund or take return of any Purpose-made product if the product is manufactured to the quality it is intended to be by the Company and the dimensions are as agreed to that prior to the manufacture, if the Goods are not to the correct specification the Company has the right to replace the Goods offer a discount on the Goods acceptable to the Company or to credit the value of the Goods.