These terms
In these terms “we”, “us” and “our” mean AC Timber Solutions Ltd, and “you” and “your” mean the customer we are quoting for or supplying. Our signed terms use “the Company”, “the Buyer” and “the Customer” for the same two parties; those names have been standardised here and nothing else in the wording has been altered.
All quotations and orders made or accepted by AC Timber Solutions Ltd incorporate these terms, together with any special conditions stated on or annexed to our quotation or order confirmation. No variation or substitution is binding on us unless we accept it in writing.
Verbal, telephoned and emailed orders, and any variation to an order, must be confirmed in writing. Where they are not, we accept no responsibility for errors or subsequent misunderstandings.
Quotations
Quotations are open for 30 days from the date we send them. Within that period they remain subject to fluctuation in price, and we may withdraw a quotation at any time before it is accepted.
Prices and VAT
All prices exclude VAT. Quotations are based on our current price list, which in turn reflects the current rate of sterling and any relevant foreign currency. If the cost of materials, wages, operating rates, taxes, duties or levies changes, or the exchange rate moves through a devaluation or revaluation of either currency, the price chargeable is the one ruling at the date of despatch.
Payment
Unless otherwise stated, accounts are nett and due for payment at the end of the month following delivery. We reserve the right to charge interest daily on all monies paid late, at 4% per annum above the base rate from time to time of NatWest plc.
Cut-to-size and machining
Most of what we supply is cut or machined to the sizes on your cutting list. The cubic volume shown on a quote is the exact volume of the sizes given; timber is cut for the best yield from the material we hold, so the volume supplied is normally a little over that figure and is confirmed on your quote.
We machine to a tolerance of 1mm. Once cutting has started the cutting list is final: cut timber cannot be returned to stock, so a change after that point is a new order.
Timber is a natural material
Colour, grain, figure and moisture content vary between boards and between deliveries, and timber moves as it takes up and gives off moisture. Knots, shakes and colour variation are characteristics of the material rather than defects, and are to be expected in the grades we supply. Where a job calls for a particular moisture content or grade, specify it with your enquiry and we will confirm what we can supply on the quotation.
Delivery
Time for delivery is not of the essence. We will do our utmost to keep to any stated despatch or delivery time, but accept no liability for damage, consequential loss or expense resulting from delay, however caused. Each delivery is a separate contract, and the failure of any goods in one delivery does not affect the remainder.
You are responsible for off-loading, and indemnify us against all liability arising from or related to it.
Risk and title
Notwithstanding delivery and the passing of risk in the goods or any other provision of these conditions, the property in the goods supplied pursuant to this contract shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods and all other goods to be sold by us to you for which payment is then due.
We reserve the right to repossess any goods sold hereunder to you in respect of which payment is overdue, and for this purpose you hereby grant an irrevocable right and licence to us, through our servants and agents, to enter upon all and any premises on which such goods may be.
Shortages, damage and loss in transit
A claim for shortage or damage will be considered only where the receipt of goods note has been signed as “Not Examined”, “damaged” or “Incomplete” or to that effect; a written complaint is made to us and, where applicable, to the carrier within three days of receipt; we are given the opportunity to inspect; and the goods in question are identified to our satisfaction.
A claim for goods lost in transit will be considered only where a written complaint is made to us within ten days.
Guarantee and liability
Goods are not tested or sold fit for any particular purpose. In no circumstances whatsoever shall our liability (in contract, tort or otherwise) to you arising out of or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular piece(s) concerned. Notice of any claims arising out of or in connection with this contract must be given to us within seven working days from the date when the goods are collected or delivered, failing which all such claims shall be deemed to be waived and absolutely barred. We shall be under no liability whatsoever unless you can prove to our satisfaction identification of the goods complained of.
When advice is asked for, such advice will be given to the best of our ability and in good faith but such advice is given to the express condition that we are exempt from liability for failure in performance.
We shall not be liable for any consequential loss, injury or damage of any nature whatsoever arising out of this contract or in connection with any goods sold hereunder, save in the event of death or personal injury caused by our negligence.
Cancellation, suspension and storage
No cancellation, suspension or variation requested by you is valid unless agreed with us in writing, and any such agreement is subject to adequate compensation for expenses incurred and for loss of profit. We may in addition impose a cancellation charge at our discretion.
Where we are asked to store goods, or have to store them through your fault after they are ready for despatch, you pay storage and other charges. Storage is at your risk and does not entitle you to postpone any sum payable to us. We may suspend supply of goods at any time.
Returns
Permission to return goods for any reason must first be obtained from us in writing. Where the goods were correctly supplied and we agree to accept their return, a handling charge of up to 33% of the original purchase cost may be made, at our discretion. Cut-to-size and machined goods cannot be returned, as they cannot be resold.
Credit accounts
A credit account is opened on application, supported by two trade references and, for sole traders and partnerships, proof of address. Accounts are nett and due at the end of the month following delivery, up to the credit limit we agree with you. We may reduce a limit, suspend an account or withdraw credit at any time.
Force majeure
We may cancel or rescind a contract without liability for any loss or damage where performance of our obligations is in any way affected by war, riot, restraint of government, strike, lockout, dispute with work people, shortened hours of labour, fire, accident, non-availability of materials, stoppage of or interference with transport, compliance with government requirements, or any other cause we have no power to avert.
Governing law
These terms, and any contract between us, are construed and take effect according to English law, and the courts of England and Wales have jurisdiction.