Standard Terms and Conditions for Supply of Goods & Services of Holmcroft Cabins Ltd
Definitions
1.1 "Consumer" shall have the meaning ascribed s.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" Holmcroft Cabins Ltd, Unit 1 Creca industrial estate, Creca Annan, DG12 6RP.
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.
General
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services...
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...
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.5 For the purposes of the Contracts (Rights of Third Parties) Act 1999...
2.6 You agree to indemnify us for reasonable costs that we may incur...
The Order
3.1 The Proposal attached to these Terms and Conditions shall remain valid for 28 days.
3.2 The Customer shall be deemed to have accepted the Proposal by placing an Order...
3.3 All orders for Goods and Services shall be deemed to be acceptance of the Proposal...
Price and Payment
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT...
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 Full payment of the balance owing is due a minimum of 21 days prior to confirmed build date.
4.4 If the Customer fails to make any payment within 7 days...
4.5 You agree to pay all sums due under this agreement without any discount...
Delivery
5.1 The date of delivery specified by the Supplier is an estimate only...
5.2 All risk in the Goods shall pass to the Customer when they are in physical possession...
Title
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full...
Customer's Obligations
7.1 Co-operate with the Supplier.
7.2 Provide the Supplier with any information reasonably required...
7.3 Obtain all necessary permissions, licenses and consents...
7.4 Comply with such other requirements as may be set out in the Proposal...
Supplier's Obligations
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description...
8.2 The Supplier shall perform the Services with reasonable skill and care...
8.3 The Supplier accepts all responsibility for the condition of tools and equipment...
8.4 The Supplier guarantees all Goods against faulty workmanship and materials for 12 months...
8.5 The Supplier provides the following structural warranty...
(a) The Customer must notify the Supplier in writing immediately...
(b) The Goods must be maintained in good condition...
(c) The Goods must not be relocated from their original delivery position...
(d) The Supplier must be afforded every opportunity to remedy any defect.
(e) Timber is a natural product and subject to visual imperfections...
Cancellations and Refunds
9.1 Where the Goods are faulty... the Customer must notify the Supplier within 7 days...
9.2 The Customer may cancel an Order by notifying the Supplier in writing within 7 days...
9.3 If the Customer fails to cancel the order within the specified time...
Limitation of Liability
10.1 Nothing in these Terms shall exclude or limit the liability of the Supplier for death...
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party...
10.3 For the avoidance of doubt, time shall not be of the essence...
Force Majeure
Neither party shall be liable for any delay or failure to perform obligations...
Severance
If any provision is held invalid... such provision shall be severed...
Data Protection
13.1 Where the Company processes any Customer Data, it shall comply with Data Protection Laws.
13.2 The Customer shall notify all users of the Company’s data processing practices.
13.3 The Company shall maintain compliance and a valid registration...
13.4 Customer Data will only be processed as needed to provide Services...
13.5 The Company shall ensure appropriate technical and organizational measures...
13.6 The Customer acknowledges data may be processed on third-party systems...
13.7 Data may be processed outside the EEA in accordance with legal safeguards.
13.8 By signing, the Customer consents to these processing and transfer terms.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England, Wales and Scotland...
