Terms & Conditions
Timber Focus Ltd Terms of Trading — effective 01/07/2018
'We', 'Us' or 'Timber Focus' means the appropriate company belonging to Timber Focus Ltd and any other internet forum or website operated by Timber Focus for the supply of goods and services. 'You' means the corporate entity, firm or person seeking to purchase goods or services. Your attention is drawn to the limitations on our liability to you which are contained in these terms.
1. Business Customers and Consumers
1.1 Some of these terms apply to consumers only; some apply to business customers only. Those terms are marked as such.
1.2 All other terms apply to all customers.
1.3 You are classified as a business customer if you indicate to us that the goods supplied by us will be used in the course of your business or if you use the goods in the course of your business.
1.4 If you are not a business customer, you are a consumer. You have certain statutory rights as a consumer which are not affected by these terms.
2. Price
2.1 The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
2.2 Our quotations lapse after 30 days (unless otherwise stated).
2.3 All orders are subject to such delivery charge as is advised at the point of sale or checkout.
2.4 Business customers only: unless otherwise stated, the price quoted to business customers is an illustrative estimate only and the price charged will be our price current at the time of delivery.
2.5 Business customers only: rates of tax and duties on the goods will be those applying at the time of delivery.
2.6 Business customers only: at any time before delivery we may adjust the price to reflect any increase in our costs of supplying the goods.
2.7 On occasion the prices payable in respect of goods advertised on any of our websites may differ from those prices payable at the same time in Timber Focus branches. We are under no obligation to honour any Timber Focus branch prices in the event that they differ from those on any website operated by us.
2.8 Although we endeavour to ensure that all pricing information on our websites is accurate, occasionally an error may occur and goods may be mispriced. If we discover the pricing error we will, at our discretion, either contact you and ask whether you wish to continue with the order at the correct price or notify you that we have cancelled your order.
2.9 Prices that are reduced for sales and promotions are only valid for the specified period.
2.10 We reserve the right to adjust prices, offers, goods, and specifications of goods on any of the websites operated by us at our discretion at any time before (but not after) we accept your order.
3. Delivery
3.1 All delivery times quoted are estimates only and apply to mainland UK only.
3.2 We aim to deliver goods classified as Ex-Stock goods within 21 working days from processing your order. The delivery time will depend upon the product ordered.
3.3 If you accept delivery of the goods after the estimated delivery time it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
3.4 We may deliver the goods in instalments. Each instalment is treated as a separate contract.
3.5 Any problems or difficulties with access to the delivery address must be notified by you to us at the time of ordering.
3.7 All our timber and Wood-plastic Composite products are kerb-side deliveries only.
3.10 Free Delivery: Any offers of Free Delivery apply only to Standard UK Delivery (any postcode which is within the Timber Focus branch postcode areas), unless otherwise stated.
4. Risk
4.1 The goods are at your risk from the time of delivery.
4.3 You must inspect the goods on delivery. If any goods are damaged or defective or not delivered, you must inform us (in writing) with full details within 24 hours of delivery or the expected delivery time.
5. Payment Terms
5.1 You are to pay us in cash or in cleared funds on or prior to delivery, unless you have an approved credit account.
5.2 Business customers only: If you have an approved credit account, payment is due net monthly, that is at the end of the month following the month of the date of our invoice, unless otherwise agreed in writing.
5.3 If you fail to pay us in full on the due date we may suspend or cancel future deliveries, cancel any discount offered to you, and charge interest at the applicable statutory rate.
6. Title
6.1 Consumers only: your statutory rights are unaffected.
6.2 Business customers only: until you pay all debts you may owe us, all goods supplied by us remain our property. You must store them so that they are clearly identifiable as our property.
7. Warranties
7.1 We warrant that the goods materially comply with their description on our acknowledgement of order form and are free from material defect at the time of delivery.
7.1.3 Natural products such as timber may vary in grain or shading from the samples supplied.
7.2 Business customers: We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.
7.3 Consumers only: the warranty in clause 7.1 is in addition to your statutory rights.
8. Limitations of Liability
8.1 We will accept no responsibility for any goods that are damaged or defective and then installed or fitted. All items must be inspected on delivery and prior to installation.
8.3 We are not liable for any other loss or damage arising from the contract or the supply of goods or their use, including direct financial loss, loss of profits, or indirect or consequential loss, even if we are negligent.
8.5 Our total liability to you for damage to property caused by our negligence is limited to the price of the goods supplied.
8.8 Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.
8.9 Nothing in these terms affects or limits our liability for fraudulent misrepresentation.
10. Return of Goods
10.1 Unless expressly permitted under the Consumer Contracts Regulations 2013, we will accept the return of goods from you only by our prior agreement (confirmed in writing), on payment by you of an agreed handling charge, and where the goods are as fit for sale on their return as they were on delivery.
11. Cancellation
11.4 Consumers only: In the case of internet, brochure and phone sales a consumer shall have fourteen days within receipt of goods to cancel the same, whereupon any goods must be returned to us at the same branch of Timber Focus they were collected from or ordered from.
11.6 The right to cancel shall not apply in respect of any goods made to personal specification.
12. Waiver and Variations
12.1 Any waiver or variation of these terms is not binding unless made (or recorded) in writing, signed on behalf of each party, and expressly stating an intention to vary these terms.
13. Force Majeure — Business Customers Only
13.1 If we are unable to perform our obligations to you because of circumstances beyond our control (including acts of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes, and difficulty in obtaining supplies), we may cancel or suspend any of our obligations to you, without liability.