1. Definition of words used within this document "Buyer" – the person / company who buys Goods from the Seller. "Consumer" – the meaning attributed in the Unfair Contract terms Act 1977, section 12. "Goods" – the products that the Buyer agrees to buy from the Seller. "List Price" – the list of prices of the Goods maintained by the Seller as revised from time to time. "Seller" – derek fox and sons timber ltd shay lane industrial estate longridge pr3 3bt "Terms and Conditions" – the terms and conditions of sale set out in this document and any other special terms and conditions agreed in writing by the Seller.
2. General These Terms and Conditions apply to all contracts for the sale of Goods by the Seller to the Buyer and will prevail over any other documentation or correspondence from the Buyer. Any variation to these Terms and Conditions will be irrelevant unless agreed in writing by the Seller. Orders placed will be regarded as an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may decide not to accept an order for any reason. Acceptance of delivery of the Goods will be regarded conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. Product pictures on the website are for illustrative purpose only, colours and styles may vary. Sizes are approximate and again can vary. The Buyer must determine and agree the specification design and construction of the product and accept responsibility that it is adequate and suitable for the purpose intended.
3. Cost and Payment
The cost of the Goods will be that specified 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 the order or as agreed between the parties. The cost is exclusive of VAT and excludes any delivery charge. In the event of any pricing errors we cannot be held responsible for this and any errors will be rectified as soon as possible. If an error is discovered after order we will inform you as soon as possible. We will not be obliged to fulfill an order for products priced incorrectly. If the item has been charged you will receive a full refund or be liable for the difference. Full payment of the total purchase price inclusive of VAT and delivery charge must be made at ordering unless agreed otherwise in writing by the Seller. Our sale prices are subject to change without prior notice or agreement.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Should it be necessary to offer an alternative product this will be agreed with the Buyer prior to dispatch of Goods
5. Damaged and Faulty Goods
fox timber undertake to provide products and service of the highest quality and will try to rectify any problems should they arise, and request that you read the general points listed below about timber: Timber is a natural material and as such will vary in shades and will alter further with weathering. Shrinking and expansion of timber may occur due to seasonal changes and weather. Hot and humid temperatures may naturally cause “shakes”, “splits / cracks” and warping to possibly appear. These do not affect the longevity of the product and is not a valid reason for returning products or replacing parts. Knots in timber are a natural occurrence, these will vary in size and shape, sometimes they may also dislodge. The green spotting sometimes apparent on the surface of some products is caused by salt / resin leaving the timber during the pressure treatment process. It will fade / vanish over time and does not affect the durability of the product.
All timber products are either wholly or in part handmade with the aid of machines and small differences can occur. The Buyer must inspect the Goods upon receipt and once signed for are deemed acceptable. The Seller will not be liable for any shortages in quantity delivered nor any defect in quality, nature or condition of the Goods or for non compliance with any specification unless the Buyer endorses the delivery document with details of the claim. If not signed for the Buyer must notify the Seller within 48hs of delivery by e-mail email@example.com or contact us on 01772 784626 that the Goods are damaged or do not comply with the contract.
When a claim of defect or damage is made made it is at the discretion of fox timber as to whether the damage warrants a replacement of the complete product or that replacement parts be supplied to rectify the damage / fault. Where replacement parts are provided these are to be fitted by the Buyer. It is 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 will be entitled to replacement Goods or full credit (excluding delivery cost if applicable). E-mail firstname.lastname@example.org or contact us on 01772 784626. The Seller will not accept any liability in respect of Goods supplied which subsequently prove to be defective where such goods have been altered.
8. Force Majeure
Neither the Seller nor the Buyer will be liable for any failure or delay to undertake any of its obligations if this results from events or circumstances beyond anyone’s reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemic, breakdown of plant or machinery or shortage or unavailability of raw materials which are from a natural source of supply, and both party will be entitled to a reasonable extension of its obligations.