Countryside Retreats Ltd Terms and Conditions
Definitions
In these conditions the following terms shall have the following meanings:-
“The firm” means Countryside Retreats Limited.
“Contract” means any contract for the sale of goods and or services provided by Countryside Retreats Limited and all components of them and all work done as specified in the quotation and or (where applicable) order acknowledgement.
“Order” means the customers acceptance of Countryside Retreats Limited quotation.
“Legal Obligations” means any present or future statute, statutory instrument or bylaw or any present or future regulation, order, direction, code of practice or requirement of any statutory, public, local or other competent authority, or court of competent jurisdiction, insofar as it relates to the goods and/or services supplied under the terms of this contract or to their use irrespective of the person on whom the obligation is imposed.
Quotations
Quotations by Countryside Retreats Limited unless otherwise stated in them shall be open for acceptance for 30 days of the date of the quotation.
Acceptance by the customer is on clearance of a deposit of no less the 50% of the cash price. No contract shall come into existence until the firm’s service of written acceptance by way of letter, order acknowledgement or receipted invoice.
The contract shall incorporate the relevant quotation and any specification, drawings, conditions referred to in it these condition and all terms and conditions implied by law.
Delivery and Installation
Time will not be considered to be of the essence and dates for delivery and installation are only at the heart of the contract if confirmed in writing by a director of the firm.
Where reasonable notice has been given or a date agreed, the purchaser shall be bound to accept delivery of the goods on arrival.
A clear site shall be provided by the customer so as to allow the firm unimpeded access to carry out their work without obstruction or disturbance.
Unless agreed in writing the customer will provide the firm with sufficient electrical power to carry out their work and use of toilet and washing facilities all free of charge.
Unloading and Storage
Shall be carried out by the customer unless specifically agreed in writing by the firm.
Payment
After receipt of the deposit, remaining cabin and payments for other materials is due at the point of delivery. If payment is not available at the point of delivery then we reserve the right to return the goods to our storage, charge for any wasted delivery and for the cost effect this has on installation labour.
Payment for installation work is due at the rate of 70% payable at roof level and the remainder on practical completion.
Foundations, Electrics, Plumbing and any other services are payable on completion of each trade.
Additional Terms
Materials payable on delivery, labour on practical completion.
Practical completion shall be deemed to have been achieved when habitation is possible. If for some reason some work remains outstanding after practical completion then a sum no more than the cost of the outstanding work shall be deducted from the payment, this retention is payable as and when the outstanding work is completed.
If you withhold more money than the value of any outstanding work or delay payment then we will apply interest at 4% above the HSBC base rate on a daily basis.
Without prejudice to any other rights of Countryside Retreats Limited if the customer fails to pay the price by the due date then any discount offered shall not be allowed and the customer shall pay interest on any overdue amount from the date on which payment was due until the date of the actual payment on a daily basis at the rate of 4% per annum above base rate from time to time quoted by HSBC and reimburse to Countryside Retreats Limited all costs and expenses (including Legal costs) incurred in the collection of any overdue amounts.
Countryside Retreats Limited may at their discretion suspend or terminate the supply of any goods and or services if the customer fails to make any payment when and as due or otherwise defaults any of its obligations under the contract with Countryside Retreats Limited or becomes insolvent has an Administrative receiver appointed on its business or is compulsorily or voluntarily wound up or Countryside Retreats Limited Bona fide believes that any of those events may occur and in the case of termination may forfeit any payments paid.
Insurance and Security
Countryside Retreats Limited provides Employers Liability & Public Liability Insurance for their on site works, however, once delivered it is the Customers responsibility to cover the materials/structure both during and after installation.
On site security is the customers responsibility.
Title
For the purpose of section 12 of the sale of goods act 1979 Countryside Retreats Limited shall transfer only such title or rights in respect of the goods as the customer has and if the goods are purchased from a third party shall transfer only such title or rights as that party had and had transferred to Countryside Retreats Limited.
Notwithstanding passing of the risk title in the goods shall remain with Countryside Retreats Limited and shall not pass to the customer until the amount due under contract (including interest and costs) has been fully paid.
Until title passes the customer shall hold the goods as bailee for Countryside Retreats Limited and shall store and mark them so that they can at all times be identified as the property of Countryside Retreats Limited.
Countryside Retreats Limited may at any time before title passes and without and liability to the customer repossess and dismantle and use or sell any of the goods and by doing so terminate the customers right to use, sell or otherwise deal in them and for that purpose (in determining what if any goods are held by the customer and inspecting them) enter any premises of or occupied by the customer.
Changing the Work
Changes to the work will only be permitted if:-
• Such changes are practical
• They are made in writing
• Agreement has been reached on the cost implication and confirmed in writing by the customer
• They do not disrupt the continuance of the work
Additional Work
Additional work required by the customer will only be permitted if:-
• Such additional work is practical
• The exact requirements are made in writing
• Agreement has been reached on the cost implication and confirmed in writing by the customer
• They do not disrupt the continuance of the work
Claims Notification
The customer to Countryside Retreats Limited shall notify any alleged defects within 7 days. Where the alleged defect is not reasonably apparent within the 7-day period then the firm shall be notified within 7 days of the defect having reasonably been discovered.
Any claim under this condition must be in writing and must contain full details of the claim including specific details of the allegedly defective goods and or services. The customer agrees to give the firm reasonable opportunity to remedy any incomplete work or fault covered by the quotation, terms and conditions and guarantee. Any other matter would not normally be the firm’s responsibility.
Countryside Retreats Limited shall be afforded reasonable opportunity to investigate any claims made under this condition and the customer shall if so requested in writing by Countryside Retreats Limited agree to the appointment of an independent and qualified referee to resolve any dispute arising out of their investigation and subsequent report.
Countryside Retreats Limited shall have no liability with regard to any claim in respect of which the customer has not complied with the claims procedure in these conditions.
Extent of Liability
Countryside Retreats Limited shall not be liable for any failure in the performance of any of its obligations under this contract caused by factors outside of its control.
Service of Notices
Any notice given under this document shall be in writing and may be served:-
• Personally
• By registered or Recorded Delivery mail
• By facsimile transmission or
• By any other means agreed between the parties in writing. Each party’s address for the service of the notice shall be its address shown on letterheads or previous correspondence or such other address as it specifies to the other party in writing.
Notice shall be deemed to have been served:-
• If it was served in person at the time of service
• If it was served by post 48 hours after it was posted and
• If it was served by facsimile transmission at the time of transmission.
Confidentiality and Copyright
All documentary material remains the property of Countryside Retreats Limited and must not be copied or passed on to third parties. All designs and drawings also remain the property or Countryside Retreats Limited and must not be copied or passed on to third parties.
Damaged Goods or Shortages
Damaged goods or shortages must be notified in writing within 24 hours of receipt.
Warranty
All cabins are covered by a warranty. This does not include minor adjustment and easing.
Amendments and Standards
As part of our continuous improvement policy we reserve the rights to amend these details without notice. To avoid misunderstanding always obtain an up to date specification and quotation immediately prior to ordering.
The specification provided is available on the listed products but represents only part of what is available from the firm. It is the customer’s responsibility to properly investigate his or her own circumstances and decide which if any standards are required and to notify the firm in writing in accordance with the condition above “Service of Notices”
Jurisdiction
English law shall govern this contract and the customer consents to the exclusive jurisdiction in the English Courts in all matters except to the extent that Countryside Retreats Limited invokes the jurisdiction of the courts of any other country.
These Terms and Conditions are to be read in conjunction with and include the Guarantee.
