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TERMS
1. Definitions
In these Terms and Conditions the following words have the following meanings:
You / your" means the person(s), firm or company who purchases Goods and
Services; "Conditions" means these standard terms and conditions of sale;
"Contract" means any contract between us and you for the purchase and sale of
the Goods and the provision of Services incorporating these Conditions and the
Design Plans; "Deposit" means an amount equal to a reasonable estimate of the
costs likely to be incurred by us in the manufacture of the Goods and provision
of the Services. The Deposit will usually be 10% of the Purchase Price; "Design
Plans" means any documents, plans, sketches or other materials and any data or
other information provided by us relating to the Goods and Services to be
supplied to you for the Goods and Services; "Goods" means the goods agreed in
the Contract to be supplied by us to you being principally the tree house
structure detailed in the Price List and any Design Plans; "Planning Acts" means
the Town and Country Planning Act 1990; the Planning (Listed Buildings and
Conservation Areas) Act 1990 the Planning (Hazardous Substances) Act 1990 the
Planning (Consequential Provisions) Act 1990 the Planning and Compensation Act
1991 and all regulations and orders made under these Acts and any changes to
these Acts or replacement Acts; "Price List" means our standar3d list of
products which we supply including any optional extras on those products and the
corresponding prices for those products and any optional extras. We may vary the
list of products and prices from time to time; "Purchase Price" means the total
price for the Goods and Services which is determined under Clause 4; "We / us
/our" Your Treehouse Company Limited (registered in England under number
47790410)
means our agents, employees or any sub-contractors me employ; "Services" means
the services we provide to you relating principally to installation and delivery
of the Goods.
2. The Contract
All the terms of the Contract are contained in this document. If you want to
change these terms, you should ask for written confirmation of any changes from
us.
3. Orders and Cancellation
3.1 A binding contract will be made when you complete an order form and return
it to us with the Deposit.
3.2 The quantity and description of the Goods shall be those set out in the
Price List and any Design Plans subject to Condition 3.3.
3.3 We may change the specification of the Goods or Services (including
substituting parts or materials) if we have to keep to safety or legal
requirements or we have to make changes due to difficulties experienced upon
installation or construction of the Goods (provided that these do not materially
alter the character of the Goods)
3.4 If any order you place with us under Condition 3.1 is later cancelled under
these Conditions then we will be entitled to keep the Deposit being such costs
that we have incurred in respect of labour and materials used and any other
reasonable charges and expenses we have incurred up until the point the Contract
is cancelled.
4. Price
4.1 Unless otherwise agreed in writing by us the price of the Goods and Services
shall be the price contained in the Price List (including any Deposit) unless
you have agreed to an increase under Condition 4.3
4.2 The price that we will charge you for the Goods and Services is inclusive of
any value added tax and costs of delivery within a 50-mile radius of the city of
Northampton in the United Kingdom. If you request delivery of the Goods outside
of this area then we will write to you separately and quote for the price of
delivery of the Goods. The price will not include any other taxes, levies or
duties.
4.3 If (after you have ordered the Goods under Condition 3.1) you request us to
make any alterations to the Goods as detailed in the Price List or any Design
Plans and this significantly affects the costs of producing the Goods or
providing the Services then we will notify you of the increase in the price
payable to reflect the extra costs involved as a result of your request. If we
plan to increase the price then you may cancel the contract by giving us written
notice within 14 days of receiving our notice. In this situation we will be
entitled to keep the Deposit in accordance with Condition 3.4.
After you have ordered the Goods under Condition 3.1 we shall be entitled to
invoice you at any time for the full Purchase Price (less any Deposit paid
Usually we will invoice you shortly before the Goods are due to be installed and
delivered.
4.4 We will charge you only £175 for a consultancy this enables you to have a
survey carried out anywhere in the UK to include also a site visit together with
production of a illustrated idea of your Treehouse. The consultation fee will be
refunded when you order a Treehouse.
5. Payment
5.1 Payment of the Purchase Price of the Goods and Services is due no later than
30 days from when we invoice you under Condition 4.4 unless we agree other
arrangements with you in writing. You shall pay us in pounds sterling without
any deduction, set off or withholding unless you have a valid court order
requiring an amount equal to such deduction to be paid by us to you.
5.2 You must pay the Purchase Price on time this is an essential part of this
Contract. If you fail to pay us on the due date we will be entitled to charge
you interest (both before and after judgement) on the amount you have not paid
at the rate of 3% a year above Lloyds TSB plc base rate. We will charge interest
until you pay us in full. We can do this as well as using any other rights or
remedies we have.
5.3 We will only issue you with receipts for payment upon request. 5.4 No
payment shall be deemed to have been received until we have received cleared
funds.
6. Planning Permission
6.1 It is your responsibility to find out if you need planning permission for
the Goods. We will not be liable for any costs, expenses, loss, or claims for
compensation or any other liability arising directly or indirectly as a result
of you not getting planning permission. If we agree to assist you in getting
planning permission (by providing you with Design Plans or in any other way)
then we may charge you a fee for providing this assistance. We will write and
tell you what the fee is.
7. Preparing for Installation
7.1 You are responsible at your own cost for the following:
7.1.1 You must make sure that you keep to all laws, orders, council or local
government regulations or directions which relate to any authority or permission
(including under the Planning Acts) which you need for the installation of the
Goods. This means that you must get all licences and permission necessary for
the installation of the Goods.
7.1.2 You must remove all ornaments and remove and replace all fixtures such as
garden benches before the installation.
7.1.3 You must remove or re-site any gas, electrical, plumbing, alarm, phone
installations or any similar installations and connections if this is necessary.
7.1.4 You must make sure our workmen or agents have access to the premises at
any reasonable time to allow them to carry out any work they need for the
installation to be completed.
7.1.5 You must make sure that you do not allow anyone else to do anything, which
would make the premises an unfit or unsafe working environment for our workmen
or agents. In particular, you must make sure that all pets and children are
secure.
7.1.6 You must take reasonable care of your safety and the safety of other
people on the premises while we provide the Services.
7.2 If you do not keep to your obligations in this clause, we will be entitled
to carry them out for you and charge you any expenses we reasonably have to pay
as a result. We can do this as well as any other rights and remedies we have.
However, we do not have to do this.
8. Delivery Performance and Quality
8.1 Unless we agree otherwise in writing with you then delivery and installation
of the Goods shall take place at the location specified in the order form
returned to us in accordance with Condition .1. We reserve the right not to
deliver or install the Goods until payment has been received in full in
accordance with Condition 5.1.
8.2 Where we give you any dates for delivery and installation of the Goods and
performance of the Services then these will be approximate only. Time for
delivery and installation shall not be an essential pan of the Contract but we
will use our reasonable endeavours to adhere to any dates for delivery that we
give to you.
8.3 It is your responsibility to check satisfactory installation of the Goods by
us prior to signature of a delivery and inspection receipt.
8.4 We warrant to you that the Goods will be of satisfactory quality. In
relation to the Services we warrant to you that we will provide them using
reasonable care and skill.
8.5 You agree with us that six (6) months from delivery shall be a reasonable
time in which you may detect any obvious defects in the Goods. You agree to tell
us about any defects or complaints you have with the Goods as soon as you
discover them and in any event within this time.
9. Your Information and our Design Plans
9.1 We shall keep confidential any document or other materials, data or other
information you provide to us including any information relating to your house
or garden. This shall not apply to any information that is or becomes publicly
available.
9.2 The copyright or any other intellectual property rights in the Goods and
contained in any Design Plans shall belong to us unless otherwise agreed in
writing between us and you.
10. Risk and Ownership of Goods
10.1 You will be responsible for any loss or damage to the Goods from the
installation date. However, you will not own the Goods until we have received
your payment and any other amounts you owe.
10.2 Until ownership of the Goods has passed to you then you must take
reasonable steps to look after and protect the Goods.
10.3 You may not resell the Goods before you own them. If you do re-sell the
Goods then you will pay us the proceeds of sale.
10.4 Your right to possession of the Goods shall immediately cease if you have a
bankruptcy order made against you or make an arrangement or composition with
your creditors or any proceedings are commenced relating to your insolvency or
possible insolvency.
10.5 You will allow us upon reasonable notice to enter any premises where the
Goods are or may be stored in order to deliver, install or inspect them or,
where your right to possession has terminated, to recover them.
11. Liability
11.1 The following provisions set out our entire financial liability (including
any liability for the acts or omissions of our employees, agents and
sub-contractors) to you in respect of:
11.1.1 any breach of these Conditions; and
11.1.2 any representation, statement or negligent act or omission arising under
or in connection with the Contract.
11.2 Nothing in these Conditions excludes or limits our Liability to you for
death or personal injury caused by our negligence or fraudulent
misrepresentation.
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING
CONDITIONS:
11.3 The amount we charge you assumes that you do not use your home for business
purposes. For this reason if you run a business from your home, we cannot accept
responsibility for any loss of profits that you may suffer as a result of us or
you breaking this contract.
11.4 We shall have no liability to you for:
11.4.1 any loss, damage, costs, expenses or other claims for compensation
arising from any information or instructions supplied by you which are
incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong
form or arising from its late arrival or non-arrival, or any other fault
attributable to you;
11.4.2 any delay or associated costs due to adverse weather conditions,
unsuitable ground or foundations, relocation of water, gas or other pipes,
electricity cables, aerials, gardening or landscaping works, relocation of sheds
or other outbuildings or other works required to allow installation and delivery
of the Goods; or
11.4.3 for any indirect losses which you experience resulting from any of the
above including any claims against you resulting from your taking possession of
the Goods and delivery and installation of them under this Contract including
(but not limited to) any action by neighbors or any action by the local planning
authority for breach of the Planning Acts.
12. Events Beyond our Control
We reserve the right to defer installation or delivery of the Goods or to cancel
the Contract, (without liability to you) if we are prevented from or delayed in
the carrying on of our business due to circumstances beyond our reasonable
control including (without. limitation) strikes, or other industrial disputes,
acts of God, war, riot, hostilities (whether war be declared or not), armed
conflict or terrorist attack, terrorist activity, nuclear, chemical or
biological contamination, civil commotion, invasion, revolution, malicious
damage, compliance with any law or governmental order, rule, regulation or
direction, accident, power failure, breakdown of plant or machinery, fire,
flood, disease, epidemics or storm or unreasonable default of suppliers or
subcontractors, unreasonable increased expense in obtaining raw materials,
labour, fuel, parts of machinery or import or export regulations or embargoes.
In the event that such disruption as described above continues for a continuous
period in excess of 20 days we shall be entitled to give notice in writing to
you to cancel the Contract and we will return your Deposit. In these
circumstances you will also be entitled to write and cancel the contract, but we
will be entitled to keep the Deposit in accordance with Condition 3.4.
13. General Provisions
13.1 Any notice must be in writing and be delivered by hand, by first class or
special delivery post. We strongly recommend that you send any notices to us by
recorded delivery. If sent by first class post it will be assumed to be received
two business days after posting. If sent by hand or special delivery post you or
we must produce a signed receipt. If sent by post you or we must prove that the
communication was in an envelope, which was properly addressed, stamped and
posted. Our address and details are:
Your Treehouse Your Limited,
Retreat Cottage
87 High Street,
Wollaston
Northamptonshire NN29 7QE
13.3 Your address will be the installation address shown in the order form which
you return to us in accordance with Condition 3.1 or the usual correspondence
address which you give to us.
13.4 You may not assign, transfer, charge or deal in any other manner with the
Contract or any of your rights under it without having obtained our prior
written consent.
13.5 We shall be entitled to assign our rights under the Contract and sub
contract any or all of our obligations under the Contract to any third party.
13.6 A person who is not a party to the Contract has no rights under the
Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the
Contract but this does not affect any right or remedy of a third party which
exists or is available apart from the Act. 13.7 If you break the Contract and we
decide not to take action in this instance, it will not affect our right to take
action in the future.
13.8 If any of these Conditions is held to be invalid or unenforceable, it will
not affect the other Conditions.
13.9 The Contract. will be governed by English law. If there is a dispute, it
will be dealt with in the English courts, even if you live outside of England or
request delivery of the Goods outside of England.
14. General Quotes
Quotes and drawings are only valid for a period of three months; in every case
quotations will be recalculated after that time and adjusted when necessary.
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