Terms and Conditions

Terms and Conditions

1. Definitions

In these conditions, unless the context requires otherwise:-

1.1 ‘Buyer’ means the person who buys or agrees to buy the Goods from the Seller;

1.2 ‘Conditions’ means the terms and conditions of sale set out in this document

and any special terms and conditions agreed in writing by the Seller;

1.3 ‘Delivery Date’ means the date specified by the Seller when the Goods are to

be delivered;

1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;

1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance

and VAT; and

1.6 ‘Seller’ means Jennor Timber Co Ltd

2. Conditions applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller

to the Buyer to the exclusion of all other terms and conditions including any

terms or conditions which the Buyer may purport to apply under any purchase

order, confirmation of order or similar document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase

Goods pursuant to these Conditions.

2.3 Any variation to these Conditions (including any special terms and conditions

agreed between the parties) shall be inapplicable unless agreed in writing by

the Seller.

3. Price and payment

3.1 The Price shall be the price quoted by the Seller. The Price is exclusive of VAT

which shall be due at the rate ruling on the date of the Seller’s invoice.

3.2 Payment of the Price and VAT shall be due within 30 days of the date of the

invoice. Time for payment shall be of the essence.

3.3 Interest on overdue invoices shall accrue from the date when payment

becomes due from day to day until the date of payment at a rate of 8% above

Bank of England’s base rate from time to time in force and shall accrue at such

a rate after as well as before any judgment.

3.4 Once ‘interest’ begins to run, the Seller shall be entitled to a fixed sum in

addition to that interest. That sum shall be.

(a) for an overdue invoice of less than £1000, the sum of £40.00-,

(b) for an overdue invoice of £1000.00 or more but less than £10,000.00, the

sum of £70.00;

(c) for an overdue invoice of £10,000.00 or more, the sum of £100.00.

3.5 The Seller reserves the right at any time at its discretion to demand security for,

or vary the terms and method of payment before continuing with the delivery of

the Goods.

4. The Goods

The quantity and description of the Goods shall be as offered by the Seller.

Where samples are submitted, no guarantee can be given that every article or

item will be the same in all material aspects as the sample.

5. Warranties

5.1 The Seller warrants that the Goods supplied will at the time of delivery

correspond to the description. No warranty is given that the Goods will

conform to sketch plans or drawings provided by the Buyer or the Seller or to

illustrations or descriptions in catalogues or trade literature. Any Goods

manufactured to the design or description or specification of the Buyer are

produced without warranty of any kind except their compliance with the

description. The Buyer will unconditionally fully and effectively indemnify the

Seller in respect of any claim resulting from the infringement of patent,

copyright, design, trademark or any other industrial or intellectual property

rights.

5.1 All other warranties or duty of care, conditions or terms including those relating

to fitness for purpose, quality or condition of the Goods, whether express or

implied by statute or common law or otherwise are excluded to the fullest

extent permitted by law provided that nothing in this contract shall or exclude

liability for death or personal injury caused by the negligence of the Seller or

affect the statutory rights of a buyer dealing as a consumer (a consumer being

a person as defined in the Unfair Contract Terms Act 1977 Section 12 and/or

the Unfair Terms and Consumer Contracts Regulations 1999 Regulation 3(i)).

6. Delivery of the Goods

6.1 Delivery of the Goods will be deemed to have been effected when the Goods

leave the Seller’s premises or the Seller’s sub-contractor’s premises. The

Goods may be tended for delivery in advance of the Delivery Date upon the

giving of reasonable notice to the Buyer. The Buyer shall make all

arrangements to collect and take delivery of the Goods whenever they are

tendered for delivery including supplying sufficient skids to enable loading by a

fork-lift truck.

6.2 If the Buyer fails to collect and take delivery of the Goods within 14 days from

the date the Seller tenders delivery, then thereafter the Buyer will incur

storage charges at the current rate applied by the Seller. The Seller is to

supply details of such charges to the Buyer upon request made by the Buyer

for the same.

6.3 The Seller shall not be liable for any loss or damages whatever due to the

failure by the Seller to deliver the Goods (or any of them) promptly or at all.

Time of Delivery shall not be of the essence.

6.4 Notwithstanding that the Seller may have delayed or failed to deliver the

Goods (or any of them) promptly the Buyer shall be bound to accept and take

delivery and to pay for the Goods in full.

6.5 The Seller reserves the right to make delivery by instalments and tender a

separate invoice in respect of each instalment.

6.6 Where the Seller agrees to transport the Goods to the Buyer, the Buyer shall

be entirely responsible for the prompt unloading of the Goods onto a suitable

surface area and the provision of suitable labour and equipment to undertake

the same.

7. Acceptance of the Goods

7.1 The Buyer shall be deemed to have accepted the Goods immediately upon

taking delivery of the same.

8. Title and risk

8.1 Notwithstanding delivery to the Buyer, the Seller shall be legally and

beneficially entitled to the ownership of the Goods until payment of the Price.

Until such payment, and subject to the following provisions, the Buyer holds

the Goods as bailee for the Seller and owes to the Seller the normal fiduciary

obligations of a bailee by way of custody in respect of the Goods. In so far as

the Buyer shall or shall purport to, offer the sale and sell the Goods, the

Buyer shall do so only at the best obtainable price in the ordinary course of

business as principle and not as agent for the Seller. The Seller shall, by

reason of the said relationship of bailment between the Buyer (as bailee) and

itself (as bailor) be and remain legally and beneficially entitled to the proceeds

of sale and the Buyer shall pay such proceeds of sale into a separate account

or, otherwise, shall ensure that all the proceeds of sale are kept by or on

behalf of the Buyer in a separate and identifiable form. The proceeds shall

not be paid into an overdrawn bank account. Upon receipt of the proceeds of

sale, the Buyer shall discharge the Price due to the Seller and shall not use or

deal with the proceeds of sale in any way whatsoever until such Price has

been discharged.

8.2 Risk shall pass on delivery of the Goods. 9. Remedies

9. Remedies

9.1 The Buyer shall inspect the Goods prior to delivery and shall within seven

working days of delivery notify the Seller of any alleged defect, shortage in

quantity, damage or failure to comply with description. The Buyer shall afford

the Seller an opportunity to inspect the Goods including their packaging

straps and battens within a reasonable time following delivery and before any

use is made of them. If the Buyer shall fail to comply with these provisions

the Goods shall be conclusively presumed to be in accordance with the

contract and free from any defect or damage which would be apparent on

reasonable examination of the Goods.

9.2 If the Goods are not in accordance with the contract for any reason the

Buyer’s sole remedy shall be limited to the Seller making good any shortage

by replacing such Goods or, if the Seller shall elect, by refunding a

reasonable proportionate part of the Price.

9.3 The Seller’s liability to the Buyer, whether for any breach of contract or

otherwise, shall not in any event exceed the Price, and the Seller shall be

under no liability for any direct loss and/or expense or indirect loss and/or

expense suffered by the Buyer or liability to third parties incurred by the

Buyer.

10. Proper law of contract

10.1 This contract is subject to the law of England and Wales.

10.2 If any of the provisions contained in the contract is held by a competent

authority to be invalid or unenforceable or unreasonable in whole or in part

the validity of the other provisions of the contract and the remainder of the

provision in question shall not be affected thereby.

1. Responsibility

The company recognizes a responsibility to the environment, the company’s

customers, suppliers and staff to base its commercial activities on wellmanaged

forests.

2. Legality

The company is committed to sourcing all timber and timber products from

legal sources.

3. Endangered Species

The company will not source any timber species prohibited under Appendix 1

of the Convention on International Trade in Endangered Species (CITES).

4. Traceability and Supplier Monitoring

The company will regularly obtain from suppliers;

a) information relating to their environmental practices

b) clearest practicable information regarding the sources of raw material used

in the manufacture of the wood products.

The information received will form part of purchasing decisions and will be

made available on request to interested parties.

5. Timber Certification

This company recognizes that the independent certification of forests and the

process chain is the most useful tool in providing assurances that the timber

comes from legal and well-managed forests.

6. Labeling

The company will only accept or use labels, which include environmental or

sustainability claims if these are supported by publicly available standards

drawn up in a fully participatory transparent and objective manner and

backed by independent inspection.

7. Avoid Boycotts

The company will not encourage boycotts or bans on specific species of

timber. Notwithstanding this, the company will cease to purchase any timber

products whose supply is in breach of commitment 2.

8. Avoid Misleading Claims

The company will avoid misleading and unsubstantiated environmental

claims in relating to wood product supplies.

9. Management Structures

The company has appointed a Director to be responsible for the

implementation of this policy and will ensure that environmental issues

relevant to the policy are discussed regularly at the highest level of

management. The company will ensure that all employees associated with

timber purchasing are encouraged to act in accordance with this policy and

are given appropriate education and training to do so if required.

10. Continuous Improvement

The company will define its own programmes, and establish its own

objectives and targets, to achieve continuous improvement in environmental

performance in accordance with this policy.