Terms & Conditions
Definitions
In these conditions, unless the context requires otherwise: –
1.1 – ‘Buyer’ means the person who buys or agrees to buy the Goods from the Seller;
1.2 – ‘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;
1.3 – ‘Delivery Date’ means the date specified by the Seller when the Goods are to be delivered;
1.4 – ‘Goods’ means the articles which the Buyer agrees to buy from the Seller; 1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and 1.6 ‘Seller’ means Affordable Hardwoods Ltd.
Conditions applicable
2.1 – These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer 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, confirmation of order or similar document.
2.2 – All orders for Goods shall be deemed to be an offer by the Buyer to purchase
Goods pursuant to these Conditions.
2.3 – Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and payment
3.1 – The Price shall be the price quoted by the Seller. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 – Payment of the Price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.
3.3 – Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above Bank of England’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
3.4 – Once ‘interest’ begins to run, the Seller shall be entitled to a fixed sum in addition to that interest. That sum shall be.
(a) for an overdue invoice of less than £1000, the sum of £40.00
(b) for an overdue invoice of £1000.00 or more but less than £10,000.00, the sum of £70.00;
(c) for an overdue invoice of £10,000.00 or more, the sum of £100.00. 3.5 The Seller reserves the right at any time at its discretion to demand security for, or vary the terms and method of payment before continuing with the delivery of the Goods.
The Goods
The quantity and description of the Goods shall be as offered by the Seller. Where samples are submitted, no guarantee can be given that every article or item will be the same in all material aspects as the sample.
Warranties
5.1 – The Seller warrants that the Goods supplied will at the time of delivery correspond to the description. No warranty is given that the Goods will conform to sketch plans or drawings provided by the Buyer or the Seller or to illustrations or descriptions in catalogues or trade literature. Any goods manufactured to the design or description or specification of the Buyer are produced without warranty of any kind except their compliance with the description. The Buyer will unconditionally fully and effectively indemnify the Seller in respect of any claim resulting from the infringement of patent, copyright, design, trademark or any other industrial or intellectual property rights.
5.2 – All other warranties or duty of care, conditions or terms including those relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law provided that nothing in this contract shall or exclude liability for death or personal injury caused by the negligence of the Seller or affect the statutory rights of a buyer dealing as a consumer (a consumer being a person as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms and Consumer Contracts Regulations 1999 Regulation 3(I)).
Delivery of the Goods
6.1 – Delivery of the Goods will be deemed to have been effected when the Goods leave the Seller’s premises or the Seller’s subcontractor’s premises. The Goods may be tended for delivery in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to collect and take delivery of the Goods whenever they are tendered for delivery including supplying sufficient skids to enable loading by a fork-lift truck.
6.2 – If the Buyer fails to collect and take delivery of the Goods within 14 days from the date the Seller tenders’ delivery, then thereafter the Buyer will incur storage charges at the current rate applied by the Seller. The Seller is to supply details of such charges to the Buyer upon request made by the Buyer for the same.
6.3 – The Seller shall not be liable for any loss or damages whatever due to the failure by the Seller to deliver the Goods (or any of them) promptly or at all. Time of Delivery shall not be of the essence.
6.4 – Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept and take delivery and to pay for the Goods in full.
6.5 – The Seller reserves the right to make delivery by instalments and tender a separate invoice in respect of each instalment.
6.6 – Where the Seller agrees to transport the Goods to the Buyer, the Buyer shall be entirely responsible for the prompt unloading of the Goods onto a suitable surface area and the provision of suitable labour and equipment to undertake the same.
Acceptance of the Goods
7.1 – The Buyer shall be deemed to have accepted the Goods immediately upon taking delivery of the same.
Title and risk
8.1 – Notwithstanding delivery to the Buyer, the Seller shall be legally and beneficially entitled to the ownership of the Goods until payment of the Price. Until such payment, and subject to the following provisions, the Buyer holds the Goods as bailee for the Seller and owes to the Seller the normal fiduciary obligations of a bailee by way of custody in respect of the Goods. In so far as the Buyer shall or shall purport to, offer the sale and sell the Goods, the Buyer shall do so only at the best obtainable price in the ordinary course of business as principal and not as agent for the Seller. The Seller shall, by reason of the said relationship of bailment between the Buyer (as bailee) and itself (as bailor) be and remain legally and beneficially entitled to the proceeds of sale and the Buyer shall pay such proceeds of the sale into a separate account or, otherwise, shall ensure that all the proceeds of the sale are kept by or on behalf of the Buyer in a separate and identifiable form. The proceeds shall not be paid into an overdrawn bank account. Upon receipt of the proceeds of the sale, the Buyer shall discharge the Price due to the Seller and shall not use or deal with the proceeds of sale in any way whatsoever until such Price has been discharged.
8.2 Risk shall pass on delivery of the Goods.
Remedies
9.1 – The Buyer shall inspect the Goods prior to delivery and shall within seven working days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description. The Buyer shall afford the Seller an opportunity to inspect the Goods including their packaging straps and battens within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions 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.
9.2 – If the Goods are not in accordance with the contract for any reason the Buyer’s sole remedy shall be limited to the Seller making good any shortage by replacing such Goods or, if the Seller shall elect, by refunding a reasonable proportionate part of the Price.
9.3 – The Seller’s liability to the Buyer, whether for any breach of contract or otherwise, shall not, in any event, exceed the Price, and the Seller shall be under no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the Buyer or liability to third parties incurred by the Buyer.
Proper law of contract
10.1 – This contract is subject to the law of England and Wales.
10.2 – If any of the provisions contained in the contract is held by a competent authority to be invalid or unenforceable or unreasonable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected thereby.
1. Responsibility
The company recognizes a responsibility to the environment, the company’s customers, suppliers and staff to base its commercial activities on well-managed forests.
2. Legality
The company is committed to sourcing all timber and timber products from legal sources.
3. Endangered Species
The company will not source any timber species prohibited under Appendix 1 of the Convention on International Trade in Endangered Species (CITES).
4. Traceability and Supplier Monitoring
The company will regularly obtain from suppliers;
a) information relating to their environmental practices
b) clearest practicable information regarding the sources of raw material used in the manufacture of the wood products. The information received will form part of purchasing decisions and will be made available on request to interested parties.
5. Timber Certification
This company recognizes that the independent certification of forests and the process chain is the most useful tool in providing assurances that the timber comes from legal and well-managed forests.
6. Labeling
The company will only accept or use labels, which include environmental or sustainability claims if these are supported by publicly available standards drawn up in a fully participatory transparent and objective manner and backed by independent inspection.
7. Avoid Boycotts
The company will not encourage boycotts or bans on specific species of timber. Notwithstanding this, the company will cease to purchase any timber products whose supply is in breach of commitment 2.
8. Avoid Misleading Claims
The company will avoid misleading and unsubstantiated environmental claims in relating to wood product supplies.
9. Management Structures
The company has appointed a director to be responsible for the implementation of this policy and will ensure that environmental issues relevant to the policy are discussed regularly at the highest level of management. The company will ensure that all employees associated with timber purchasing are encouraged to act in accordance with this policy and are given appropriate education and training to do so if required.
10. Continuous Improvement
The company will define its own programmes, and establish its own objectives and targets, to achieve continuous improvement in environmental performance in accordance with this policy.
