STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS OF www.woodengatecompany.co.uk
In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 “Seller” means woodengatecompany.co.uk (Wooden Gate Timber Products LTD) of Pear Tree Farm, Broadhay Road, Lower Heath, Whitchurch, Shropshire, SY13 2BJ;
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions and of the product(s) delivered.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.6 Product type or sizing shall remain the Buyer’s responsibility which will be confirmed on a ‘confirmation sheet’ or CAD drawing which will be sent after placement of order. Drawings are also acceptable as confirmation providing all information is clearly noted down. Any information not on such drawing or confirmation can/will not be counted during manufacture.
2.7 We use a silicone like substance to seal any joints where water may ingress. Occasionally this is come away. Please apply further treatment to the area and reapply a frame sealant.
2.8 Installation services are supplied through a third party company normally Wooden Gate Fitters. Their terms and conditions are available at https://gatefitters.uk/terms-conditions/
2.9 PLEASE NOTE Wooden Gate Fitters reverse the right to cancel/refuse any job at their discretion.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and inclusive of any delivery charges unless otherwise stated.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods or application of any stains/paints/oils that are irreversible.
3.3 Where good/services are not paid for before dispatch or service granted, payments not received will void any warranty/guarantee and may result in further action being taken to retrieve the goods/services or through a third party debt collection agency. We reserve the right to stop any other work by Wooden Gate Timber Products LTD or any subcontractors.
3.4 Prices offer will only be honored for 10 working days.
3.5 Prices offered or shown by human error or computing glitches will not be honored and a refund or compromise price will be offered at managerial discretion
3.6 Prices offered for installation are estimations only, especially where posts are sunk into the ground. Wooden Gate Fitters reserve the right to update price before, during and after the work has taken places to cover any unforeseen costs.
3.7 You have a 7 day cooling off period from the time you place the order on our site. If you wish to cancel your order, you must contact us before the 7 day deadline has passed, you can let us know by telephoning 01939 232450 or via the web site contact form. Due to the customised nature of the product, your order will not be actioned until this 7 day period has expired. If you request to waive these rights in writing we will proceed before the 7 day period. After this period we may charge for any drawings or materials used including but not limited to labour/time.
3.8 Unless otherwise stated/requested we use ‘Frame’ materials ranging 95mm-195mm x 65mm, Bracing (95mm-150mm) x (18mm-34mm), All boarding on framed gates is 12.5mm thick with widths ranging from 60mm-150mm. We will chose the best dimensions unless requested otherwise please ensure this is noted on confirmation doccuments/drawings (charges may apply). Please note timber is a natural product so these can vary slightly but within our tolerance guidelines of 5-7mm. (10mm overall)
3.9 we use mortise and tennon joints which are glued and doweled for strength and durability. Diagonal bracing is glued and screwed into place. Boarding/cladding is fixed to the frame using divergence staples which gives a strong fix.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 90 days of the order details being CONFIRMED (in writing/email return to Drawings and spec sheet) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date providing work has been commenced in part or full.
4.5 Title (ownership) and risk in the Goods shall pass to the Buyer upon delivery (or Stain/Oil/Paint is applied to) of the Goods providing the delivery has been supplied through a authorised courier.
4.6 In the unlikely event that you are not satisfied with your goods please inform us within 14 days starting on the day after the goods are delivered to you, and once the goods have been returned to us we will give you a full refund or replacement. The goods must be returned to us unused and if possible in the original packaging together with the receipt. If the original packaging is not available you should use similar packaging to prevent damage. Please note that goods will only be replaced/refunded if they are faulty or differs in any way with the specifications supplied by yourselves at point of order. All products are guaranteed against faulty workmanship, and if any are found we will be happy to replace/repair once they have been returned. Please note that timber is a natural product and is prone by its very nature to some movement and drying cracks for which we cannot be held responsible. It is essential that the care instructions are followed which are supplied with the gates. We can only ensure the results of our timber if our finishing oil or similar product with consent in writing, is used. If anything you order from us arrives damaged or faulty, please let us know within 2 days of receipt. We will arrange for a collection and repair or replacement. You can let us know by letter, by telephoning 01939 232450 or via the web site contact form.
NOTE. We use a third party courier service in some cases. In these case please check all items are present and undamaged. If items are damaged they must be refused or signed as damaged and we must be notified immediately so that we can inform the couriers for insurance purposes. Any items damaged and signed for in good condition or notified after 48hrs cannot be refunded or replaced under warranty/guarantee.
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description within the confirmation documents given by the Seller.
5.2 The buyer must check all confirmation documentation and itemised sales order upon receipt via email/post and confirm details are correct. Manufacturing will not commence until we have received this confirmation in writing, email/post. Telephone calls will not be accepted.
5.3 Changes or additions to the order in any way may involve an extra charge being applied and/or cause reschuleing of delivery
5.4 All timbers including softwoods and hardwoods are deemed a natural product and therefore susceptible to warping/twisting, shrinking/splitting. Extreme weather conditions will cause this to increase. Posts do split however this will not affect the structural integrity. Monies will not be refunded for a warped or twisted gate under any circumstances and does not constitute ‘not fit for purpose’. If you are unwilling to accept this risk we recommend an aluminium or metal gate is purchased.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must be within 14 calendar days of receiving the item and clearly show the order number obtained from the Seller on the package. The return cost must be covered by the Buyer unless the item in question is faulty/damaged.
6.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
6.5 Please Note, All gates sold are classed as made to measure/ bespoke and are made to the consumer’s own specification, your rights to withdraw from the contract is exempt under The Consumer Protection (Distance Selling) Regulations 2002. This does not affect your statutory rights.
6.6 Bespoke and/or outsourced products purchased on your behalf can be returned after receipt of delivery. You must contact email@example.com to arrange a Return Reference number and address to send to. These items will be subject to a 20% – 40% restocking fee depending on the item.
7.1 In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship. Faulty workmanship is defined as horizontal joints pulling apart.
7.2 Any outstanding payments not made in full to Wooden Gate Timber Products ltd or associated/subcontracted companies will void any/all guarantee.
7.3 We cover faulty workmanship for 12 months however due to the nature of the materials ie. timber, the guarantee/warranty DOES NOT cover natural movement, twisting, shrinkage, splits, bowing and all problems relating to this. INSTALLATION work for 30 days however due to the nature of the materials ie. timber, the guarantee/warranty DOES NOT cover natural movement, twisting, shrinkage, splits, bowing and all problems relating to this. YOUR gates may need adjusting after they have settled which we can advise on over the phone/email or we can return to adjust within the first 30 days.
7.4 If any products are supplied untreated. The buyer accepts full responsibility for treatment of all items. Failure to apply sufficient suitable treatment will result in any warranty/guarantees being void
7.5 The guarantee/warranty will also be null and void to products that are ‘poorly’ fitted or automated when this was not how the gates were purchased. And/or automated incorrectly ie underground automation arms not extended. All of these factors we class as abuse and Wooden Gate Timber Products ltd will NOT take responsibility.
7.6 Any products reported to be not fit for purpose or having a manufacturing fault must be removed from use immediately so they can be returned/inspected by Wooden Gate Timber Products LTD or a autherised third party. Splits/Cracks/Warps/Twists/Distortion is NOT a manufacturing fault. In the event of a Product experience this kind of movement during extreme hot/cold/wet/dry weather will normally return to its previous form when the weather stabilises.
7.7 The guarantee/warranty will also be null and void to Gates that are not suitably treated sufficiently by the customer. We recommend at least 1 – 2 coats of your chosen treatment (from our range) after installation within the first 1 week. The once every 18 month there after. All of these factors we class as abuse and Wooden Gate Fitter will NOT take responsibility.
7.8 AUTOMATED GATES shall also be covered for LIFETIME assistance over the phone/email to solve any issues. Should any further call out be required for adjustment or malfunctions a call out fee will apply. We do offer maintenance contracts also. Please contact firstname.lastname@example.org for a quote.
7.9 Gate safety is a high priority of Wooden Gate Fitters. We will do our up most to advise of all safety aspects regardless if it is a manual or automated system. Should there be anything that arises during the installation this will either need to be confirmed in writing that you accept the responsibility of the safety concern or alternatively agree additional work to rectify the issue
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 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.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.