1. CONDITIONS APPLYING
(a). Unless otherwise agreed in writing these conditions will govern all contracts
including all on-line contracts for the sale of the Company's goods or the supply
of its services. Any qualification, amendment or addition to these conditions imposed
by the Customer will not apply unless expressly accepted by the Company in writing.
2. BASIS OF SALE
(a). An order from the Customer shall constitute an offer, and acknowledgement of
that order by the Company shall constitute acceptance of the offer. The only representations
in connection with the Company's goods or services for which the Company will accept
liability are those specifically referred to in the Company's price list or quotation.
(b) Advertising material, leaflets, brochures or website content shall not form
part of the contract unless specifically agreed in writing between the Company and
the Customer to be a term of the contract. It is agreed that on entering the contract
the Customer is not relying on any other representations, including those made by
the Company's employees or agents, unless confirmed by the Company in writing.
(c) Any advise or recommendations given by the Company or its employees or agents
to the Customer as to the storage, application or use of the goods which is not
confirmed in writing by the Company is followed or acted upon entirely at the Customers
own risk and accordingly the Company shall not be liable for any such advise or
recommendation which is not so confirmed.
(d) Any typographical, clerical or other error or omission on the Company's website
or in any sales Company shall be subject to correction without any liability on
the part of the Company.
(e) All advertised sizes and measurements are an approximation only. The Company
will endeavour to make sure that sizes and measurements are as accurate as possible
but no guarantees can be given.
(f ) Acceptance of the Customers order by the Company shall be deemed as evidence
of the Customers acceptance of the Company's conditions.
3. PRICE
(a ) The price quoted in the Company's quotation is open for acceptance for 30 days
from the date of the quotation. If the order is not received and accepted by the
Company within the 30 day period the Company may review its prices.
(b ) Notwithstanding the above the Company reserves the right to alter the price
of the goods to reflect any change in the cost to the Company due to any factor
which is beyond the control of the Company, including change in delivery dates,
changes in specification to the goods requested by the Customer, failure to provide
adequate delivery access or failure of the Customer to provide the Company with
adequate information or instructions.
(c ) The prices shown in the Company's price list and website are in £GBP
and are inclusive of VAT @ the current rate. Delivery is free within certain postcodes,
however some postcodes have a charge, check delivery postcodes on our website or
phone us direct. PLEASE NOTE we do not cover delivery to all area's of the UK so
check before hand, with us on
the delivery map or 0845
230 7434.
4. PAYMENT
(a ) Full payment must be received on or before day of delivery, otherwise see (e).
(b ) Payment can be made Visa, MasterCard, Switch, Maestro, Visa Electron, American Express, Cash, and by prior arrangement only to the Company by Cheque.
(c ) The Customer warrants that the credit or debit card used by him in connection
with the transaction belongs to him and that there are sufficient funds or credit
facilities to meet the cost of any goods or services ordered from the Company.
(d ) If a cheque received from the Customer is not paid on the first presentation
then a charge of £25 will be made to the Customer to compensate for bank charges
and administration cost involved.
(e ) Interest on overdue invoices shall accrue from the date when payment becomes
due @ 2% per calendar month or part thereof.
(f ) Orders to be delivered outside of our delivery area will be requried to be paid in full prior to production
(g ) With orders totalling above £1000 a 50% deposit will be required before the shed can go out to our production team.
5. CANCELLATIONS AND RETURNS
(a ) The Company or the Customer may cancel the contract at any time, prior to commencement
of manufacture of the goods by giving written notice.
(b ) In the event of cancellation before acceptance of an offer, all monies accompanying
the Customers order will be returned. See (g)
(c ) In the event of cancellation after acceptance of an order but prior to commencement
of manufacture of the goods, the Company will return all monies paid by the Customer
less a reasonable sum not exceeding 5% of the agreed price to cover administration
charges. The cost of any materials purchased or items made specifically to fulfil
the order will also be deducted from the deposit paid.
(d ) Cancellation within ten (10) working days before the delivery date the company reserves the right to retain 15% of the total cost to cover materials used and a minimum of £35.00 for administration fees.
(e ) Postponement of the goods within ten (10) working days before the delivery date, the company reserves to right to charge a storage and handling fee to be settled before re-delivery & installation can be made.
(f ) If the Customer is not reasonably satisfied with the goods, then the Company
will refund all monies paid providing the goods are returned to the Company's premises,
carriage paid ,within seven (7 ) days of delivery and are in as good condition as
when dispatched by the Company . See (h ).
(g ) All refunds that may be authorised by the Company will be paid by Cheque, if
the Customer had paid by cash / cheque, or will be credited back to a credit card
if the Customer had paid in that manner.
(h ) The Company will not accept returns or cancellations if the Goods have been
erected, altered by applying chemicals or paints to the surfaces or by altering
or customising the Goods as his or her own, or that have been made to the Customers
personal requirements, i,e; optional fixtures, adaptations, preferences and physical
dimensions, see (j ). The Customer must keep any Goods they intend to return to
the Company dry and in good condition as delivered.
(i ) A return or cancellation should be made in a durable means as defined by part
10 of the Distance Selling Regulations being either; in writing to the Company's
address, or by e-mail to contact@beastsheds.co.uk.
(j ) The Company accepts that the Distance Selling Regulations apply to the 'standard'
shed ranges in acceptable state, see (h ), with dimensions '6x4', '7x5', '8x6' only.
In the case of all other sheds, the Distance Selling Regulations do not apply.
6. DELIVERY AND ACCESS
(a ) The date quoted for delivery and provisions of other services is given in good
faith, but time is not of the essence and the Company shall not be liable for any
loss or damage of any kind whatsoever resulting from any delay in delivery or completion.
(b ) The Company will deliver the goods by road to the Customers premises or that
of a specified address made at the time of the order by the Customer and it is the
Customers responsibility to make necessary arrangements to take delivery of the
goods.
(c) Delivery vehicles will not be driven off road and it is the Customers responsibility
to advise us in writing of any narrow lanes, narrow roads, bends, height restrictions,
driveways etc, that will impede our delivery vehicle on route to the Customers premises
or address.
(d ) If through lack of advise from the Customer, the Company is unable to deliver
the goods to the Customer or in the case of a contract to erect the building on
the date that the Company has notified of intended delivery, the Company reserves
the right to either:
( * ) Stack the goods adjacent to the delivery site or,
(** ) Return the goods to the Company's own premises.
The Company reserves the right to apply a re-stocking/ re-delivery/ re-attendance
charge if (* ) (** ) apply.
(e ) Any Request by the customer to change the pre-agreed delivery date on or within 10 working days of the delivery date the customer will incur a fee upto 15% of the total order price for re-delivery.
7. ASSEMBLY & INSTALLATION
(a ) All buildings are pre-treated with a factory base coat for protection during
storage & transit, The Company therefore recommends the Customer to treat the exterior
& interior of the building as soon as possible after installation, with a good quality
wood preserver treatment. Timber is porous and the Company also advises the Customer
to also apply a good quality waterproof treatment to the exterior to stop water
penetration. The Company advises the Customer to follow all treatment manufacturer's
instructions and treat the building on a regular basis, this will help keep the
building in top condition.
(b ) If the Customer requests the Company to install the goods, then the Customer
shall be responsible to the Company for ensuring sufficient parking and clear access
to and around the site. Access should be wide enough for a person to walk through
without height restrictions, steps, severe turns as some sections of the goods may
not be able to negotiate these. For Health and Safety reasons we cannot take panels
over fences, walls, hedges, garages. The base will be clear of all rubbish.
(c ) To ensure installation can be completed , the Customer must;(i ) provide a
concrete or paved base, being firm, square, (diagonally ) and level (by spirit level
) - no less than the size of their chosen product,
(ii )ensure that there is at least 6 inches clearance provided around the perimeter of the shed at the proposed installation site, (iii )no trees, branches, or similar encroach upon the working space of the
proposed site. And (iv ) provide clear external pedestrian access (not turn or height
limited ) to allow unimpeded passage of the product components and sections.
(d) If on arrival we find the access to the site or the base prepared by the Customer
does not comply with
7(b ) or 7(c ) then the Customer shall be liable for action of their choosing as
defined under 7(e) or 7(f)
(e ) upon abortive installation, the goods can be left for self assemble by the
Customer, but the installation service fee or 10% of the goods price (whichever
is the greater ) shall be retained for the abortive labour costs.
(f ) Upon abortive installation, the goods can be left until the Customer provides
adequate parking or access to the base, or provide an appropriate base as defined
in 7 (b ) or 7(c ), at which point a return installation visit can be arranged upon
payment of an additional payment similar to that defined under 7(e).The initial
fee having been retained to account for initial abortive labour costs.
(g ) Upon completion of the installation of the building, the Customer will be asked
to sign a Customer satisfaction form. The Customer should note on this form any
problems that he has with the building or installation at this point. If problems
haven't been noted at this point and a re-visit is required to resolve the problem
the Customer may be charged a call out fee. This is at the Company's discretion.
8. RISK AND TITLE
(a ) All risk of accidental loss or damage to the goods pass to the Customer at
time of delivery.
(b ) The goods shall remain the sole and absolute property of the Company, until
the Company has received in cash or cleared funds, payment in full of the price
of the goods (and all other goods agreed to be sold by the company to the Customer
for which payment is due).
(c ) Until the goods become the property of the Customer, the Customer shall hold
the goods as the Company's fiduciary agent and bailee, and shall keep the goods
separate from those of the Customer and any third party and properly stored, protected
and insured, and identified as the property of the Company.
(d ) Until the goods become the property of the Customer, the Company shall be entitled
at any time to require the Customer to deliver up the goods to the Company and if
the Customer fails to do so immediately, to enter upon any premises of the Customer
or any third party, where the goods are stored and repossess the goods.
9. LIABILITY
(a). Other than for death or personal injury due to the negligence of the Company,
liability to the Customer shall not exceed the cost of the goods.
(b ) The Company may at its option make good, or supply components free of charge,
or replace goods manufactured by the Company which are found to be defective by
reason of faulty materials or workmanship.
Under these circumstances the following shall apply:
(i ) The Customer should notify the Company in writing or e-mail within seven (7)
days of discovery of the alleged defect giving full details .
(ii ) The Company shall have no liability in respect of any defect and/or consequential
loss or damage, arising from fair wear and tear, wilful damage, negligence on the
part of the Customer, abnormal conditions including storm damage, failure to follow
the Company's instructions regarding maintenance, advise and/or specification, failure
by the Customer to provide adequate site and base work for a building, misuse of
the goods, alteration and/or addition to the goods made by the Customer or the Company
at his direction.
(iii) The Company shall have no liability for any defects if the total price of
the goods has not been paid by the due date for payment.
(iv) Timber is living, natural material affected by environmental and climatic changes,
therefore the Company cannot accept liability for shrinkage, expansion, cracking,
warping, variations in colour and other similar minor imperfections. The Customer
shall accept the position and shall make no objection with regard thereto and no
such matters shall annul the sale or entitle the Customer to annul the contract.
( c ) The Company shall have no liability regarding whether planning consent is
required for its goods and it is the Customers responsibility to make any such enquires
at there local council planning department.
(d ) The Company shall not be liable to the Customer, or be deemed to be in breach
of the contract by reason of any delay in performing, or any failure to perform,
any of the Company's obligations in relation to the goods, if the delay or failure
was due to any cause beyond the Company's reasonable control. Without prejudice
to the generality of the foregoing, the following shall be regarded as causes beyond
the Company's reasonable control;
(i ) Act of God, fire, flood, explosion accident, tempest;
(ii ) War, threat of war, insurrection, sabotage, civil disturbance or requisition;
(iii) Import or export regulations or embargoes;
(iv ) Restrictions, regulations, acts, prohibitions or bye-laws or local authority;
(v ) Difficulties in obtaining raw materials, labour, fuel, machinery or parts;
(vi) Strikes, lockouts, trade disputes, industrial actions whether involving Company
employee's or of a third party's;
(vii ) Machinery breakdown or power failure.
(e ) No exclusions or restrictions contained in this contract apply in relation
to the terms implied by the Sale of Goods Act where the Customer identifies the
Consumer.
10. GENERAL
( a ) As the Company has no responsibility over the Customers base then the Customer
is responsible for general maintenance of the building after the Company's installers
have left the Customer's site. Doors and windows may need re-adjusting due to the
base being slightly out of level and the building settling to the Customers base.
Due to the variations in our climate the roofing felt may experience undulations,
this is nothing to cause concern and is beyond the control of the Company. The Company
recommends the installation of guttering on all building, and the good ventilation
of the interior of the building.
( b ) All timber sizes are nominal i.e. before machining.
( c ) The Company advises the Customer to insure the building and any contents against
all risks.
( d ) The Company advises the Customer not to install any electrical products in
any of its buildings. If the Customer insists then the Customer should seek a qualified
electrician for advise and installation.
( e ) These conditions contain the whole of the Company's liability's and all conditions
& warranties implied by statue common law or trade usage are hereby excluded.
( f ) No delay or indulgence by the Company in enforcing any provisions of these
conditions shall prejudice or restrict the rights of the Company, nor shall any
waiver by the Company of any breach of any provision of these conditions by the
Customer be treated as a waiver of any subsequent breach of the same or any provision.
( g ) The Company may alter these terms & conditions from time to time and post
a new version on the website, following which all use of the website will be governed
by the new version. It is the Customers responsibility to check the terms and conditions
on the website on a regular basis.
( h ) The Company recommends to the Customer to print out a copy of these terms
and conditions for future reference.
( I ) These terms and conditions do not affect your statutory rights.
Timber and Other Natural Products
Timber is a natural product and prone to changes in appearance, including some movement
and the occurance of small knot holes or splits in extreme temperatures and weather
conditions. Any splits, knots or similar visual imperfections in the timber will
not affect the structural integrity of the product in any way. Whilst every effort
is made to hand pick timber without visible knotholes or splits there may be occasions
where timber is selected in good faith that contains what appears to be a solid
knot. Over the course of time / during movement of the product etc it may occur
that these small knot holes are then dislodged from the timber leaving a small knot
or crack. Unfortunately we cannot be held responsible for this maturing of the product
and can only offer our best advice as how to deal with this situation in the unlikely
event that it should occur. When measuring timber for the purpose of technical information
the absolute external dimensions will be taken from a sample piece of each component
used - it should be noted that due to the complex nature of the product and
machining processes that this figure will give an average measurement that could
be subject to slight variance throughout the rest of the individual boards in the
pack measured. Whilst every effort will be made to select only components which
match the average advertised sizing this is subject to the availability of the timber
that has been machined and cannot be guaranteed. Please note any guarantee offered
does not cover the products against timber splits or warping. These are natural
characteristics of the products and not defects and neither will these circumstances
be accepted as a valid reason for the cancellation of an order, as this can occur
naturally over time.
Website Modification
As previously stated, the Company reserve the right to alter the website at any
time. This includes altering the products, the content, the descriptions and the
prices. The company also reserves the right to alter these terms and conditions
at any time. Please be aware this website, despite the utmost effort to ensure all
information is accurate, may contain typographical inaccuracies. All images and
photography used is purely for illustrative purposes only - actual product colours
may vary slightly due to the digital photography process and variations in individual
user monitor settings.