Terms and Conditions
1. Application of Conditions
1.1 The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the Quotation / Accepted Order which are subject to these Conditions.
1.2 The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
2. Definitions and Interpretation
2.1 In these Conditions:-
"Business Day" means any day other than a Saturday, Sunday or bank holiday. Business Hours are 8:30 to 17:00 Hrs.
"the Customer" means the person who accepts a quotation or offer of the Supplier for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by the Supplier;
"the Contract" means the contract for the purchase and sale of the Goods and supply of the Services under these conditions;
“these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Supplier;
“the Delivery Date” means the date on which the Goods and Services are to be delivered as stipulated in the Customer's order and accepted by the Supplier;
“the Goods” means the goods (including any installment of the goods or any parts for them) which the Supplier is to supply in accordance with these Conditions;
“the Supplier” means Viking Garden Buildings
“writing” includes any communications effected by letter, telex, facsimile transmission, electronic mail or any comparable means.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
3. Basis of Sale and Service
3.1 The Supplier's employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Supplier.
3.3 Sales literature, price lists and other documents issued by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by the Supplier and no contract for the sale of the Goods and Services shall be binding on the Supplier unless the Supplier has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:-
3.3.1 the Supplier's written acceptance;
3.3.2 delivery of the Goods; or
3.3.3 the Supplier's invoice.
3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
4. The Goods
4.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier's authorised representative.
4.2 The specification for the Goods shall be those set out in the Supplier's sales documentation unless varied expressly in the Customer's order (if accepted by the Supplier).
4.3 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality or performance.
4.4 No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.
5. The Services
5.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the Quotation / Accepted Order or otherwise agreed under this agreement.
5.2 The Supplier will use reasonable care and skill to perform the services identified in the Quotation / Accepted Order or otherwise agreed under this agreement.
5.3 The Supplier shall use all reasonable endeavours to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.
6.1 The price of the Goods and Services shall be the price listed in the Quotation / Accepted Order current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by the Supplier and the Customer.
6.2 Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier's published price list the price quoted shall be valid for 30 days only or such time as the Supplier has specified in the Quotation / Accepted Order
6.3 The price is inclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay to the Supplier.
7.1 A deposit is required to be made at time of order, with the remaining balance due on or before day of delivery.
7.2 All payments shall be made to the Supplier as indicated on the invoice.
4.1 Average delivery time on our standard buildings is 3 weeks from confirmed order. A date will be confirmed when ordering, however time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods.
8.2 If the Customer is not paying for an optional erection service, the Supplier operates a policy of curbside delivery only. If the Customer has special requirements, or believes access to be difficult, the Customer should advise Supplier at the time of order. The Supplier advises that the Customer does not arrange for third party ancillary services (e.g. installation) until goods are delivered. The Supplier is not responsible for additional costs incurred.
9. Returns and refunds
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement parts.
9.3 If the Customer fails to cancel the order within the time specified any deposit paid may not be returnable. Bespoke buildings made especially for individual customers can only be cancelled prior to manufacture.
10. Customers obligations
10.1 Provide the supplier with any information reasonably required
10.2 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the customer.
11. Suppliers obligation
11.1 In addition to the Customer's statutory rights, the Supplier guarantees all components parts for a period of 5 years from the date of delivery as per manufacturer’s warranty.
11.2 The Supplier provides the following guarantee(s) in relation to building constructions undertaken by Viking Garden Buildings - 12 month workmanship.
12 Limitation of liability
12.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
12.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
12.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
13 Force majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
14 Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom.
15 Timber buildings
Our buildings are constructed from a natural product ( ie timber) and consequently subject to certain natural processes such as splits and shakes in the timber. These splits and shakes can occur as buildings dry out and settle. These splits and shakes do not effect the structural integrity of buildings and are a normal occurrence in these type of buildings. Consequently the supplier cannot guarantee splits and shakes will not occur . Splits and shakes in timber are not deemed to be defects and individual pieces cannot be deemed to be faulty. All packaging for our products will be left with the customer unless otherwise agreed at time of sale.
16. Our details
Our business’s name is: Viking Garden Buildings
Our business address is: Viking Garden Buildings, Greyfriars Place, Stafford ST16 2SD