Rural Leisure Log Cabins Terms and Conditions
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Rural Leisure Terms and Conditions
General:
These conditions shall apply to all quotations orders and contracts accepted by us. No other terms and conditions shall prevail. A deposit will indicate acceptance in full of these terms and conditions.
Definitions:
In these conditions the following terms shall have the following meanings: -
“The firm” means Rural Leisure Limited.
“Contract” means any contract for the sale of goods and or services provided by Rural Leisure Limited and all components of them and all work done as specified in the quotation and or (where applicable) order acknowledgement.
“Order” means the customers acceptance of Rural Leisure Limited quotation.
“Legal Obligations” means any present or future statute, statutory instrument or bylaw or any present or future regulation, order, direction, code of practice or requirement of any statutory, public, local or other competent authority, or court of competent jurisdiction, insofar as it relates to the goods and/or services supplied under the terms of this contract or to their use irrespective of the person on whom the obligation is imposed.
“Price” means the total price detailed in the quotation and/or (where applicable) order acknowledgement nett of VAT.
Quotations:
Quotations by Rural Leisure Limited unless otherwise stated in them shall be open for acceptance for 30 days of the date of the quotation.
Acceptance by the customer is on clearance of a deposit of no less than 50% of the cabin price. No contract shall come into existence until the firm’s service of written acceptance by way of letter, order acknowledgement or receipted invoice.
The contract shall incorporate the relevant quotation and any specification, drawings, conditions referred to in it these conditions and all terms and conditions implied by law.
Delivery & Installation:
Time will not be considered to be of the essence and dates for delivery and installation are only at the heart of the contract if confirmed in writing by a director of the firm.
Where reasonable notice has been given or a date agreed, the purchaser shall be bound to accept delivery of the goods on arrival.
Unloading and storage:
Shall be carried out by the customer unless specifically agreed in writing by the firm.
Payment:
After receipt of the deposit, remaining amounts for the cabin and for other materials is due at the point of delivery. If payment is not available at the point of delivery then we reserve the right to return the goods to our storage charge for a wasted delivery and for the cost effect this has.
Payment for installation work is due at the rate of 70% payable at roof level and the remainder on practical completion.
Electrics and Plumbing payable each on practical completion.
Additional items - materials payable on delivery, labour on practical completion.
Practical completion shall be deemed to have been achieved when habitation is possible.
If for some reason some work remains outstanding after practical completion then a sum no more than the cost of the outstanding work shall be deducted from the payment, this retention is payable as and when the outstanding work is completed.
If you withhold more money than the value of any outstanding work or delay payment then we will apply interest at 4% above the HSBC base rate on a daily basis.
Without prejudice to any other rights of Rural Leisure Limited if the customer fails to pay the price by the due date then any discount offered shall not be allowed and the customer shall pay interest on any overdue amount from the date on which payment was due until the date of the actual payment on a daily basis at the rate of 4% per annum above base rate from time to time quoted by HSBC and reimburse to Rural Leisure Limited all costs and expenses (including Legal costs) incurred in the collection of any overdue amounts.
Rural Leisure Limited may at their discretion suspend or terminate the supply of any goods and or services if the customer fails to make any payment when as due or otherwise defaults any of its obligations under the contract with Rural Leisure Limited or becomes insolvent has an Administrative Receiver appointed on its business or is compulsorily or voluntarily wound up or Rural Leisure Limited Bona fide believes that any of those events may occur and in the case of termination may forfeit any payments paid.
Insurance and security:
Rural Leisure Limited provides Employers Liability & Public Liability Insurance for they’re on site works, however, once delivered it is the Customers responsibility to cover the materials/structure.
On site security is the customers responsibility.
Title:
For the purpose of section 12 of the sale of goods act 1979 Rural Leisure Limited shall transfer only such title or rights in respect of the goods as the customer has and if the goods are purchased from a third party shall transfer only such title or rights as that party had and has transferred to Rural Leisure Limited. Notwithstanding passing of the risk title in the goods shall remain with Rural Leisure Limited and shall not pass to the customer until the amount due under the contract (including interest and costs) has been fully paid. Until title passes the customer shall hold the goods as bailee for Rural Leisure Limited and shall store and mark them so that they can at all times be identified as the property of Rural Leisure Limited. Rural Leisure Limited may at any time before title passes and without any liability to the customer – repossess and dismantle and use or sell any of the goods and by doing so terminate the customer’s right to use, sell or otherwise deal in them and – for that purpose (in determining what if any goods are held by the customer and inspecting them) enter any premises of or occupied by the customer.
Changing the Work:
Changes to the work will only be permitted if: -
· Such changes are practical
· They are made in writing
· Agreement has been reached on the cost implication and confirmed in writing by the customer
· They do not disrupt the continuance of the work
Additional Work:
Additional work required by the customer will only be permitted if: -
· Such additional work is practical
· The exact requirements are made in writing
· Agreement has been reached on the cost implication and confirmed in writing by the customer
· They do not disrupt the continuance of the work
Claims Notification:
The customer to Rural Leisure Limited shall notify any alleged defects within 7 days. Where the alleged defect is not reasonably apparent within the 7-day period then the firm shall be notified within 7 days of the defect having reasonably been discovered.
Any claim under this condition must be in writing and must contain full details of the claim including specific details of the allegedly defective goods and or services. The customer agrees to give the firm reasonable opportunity to remedy any incomplete work or fault covered by the quotation, terms and conditions and guarantee. Any other matter would not normally be the firm’s responsibility.
Rural Leisure Limited shall be afforded reasonable opportunity to investigate any claims made under this condition and the customer shall if so requested in writing by Rural Leisure Limited agree to the appointment of an independent and qualified referee to resolve any dispute arising out of their investigation and subsequent report.
Rural Leisure Limited shall have no liability with regard to any claim in respect of which the customer has not complied with the claims procedure in these conditions.
Extent of Liability:
Rural Leisure Limited shall not be liable for any failure in the performance of any of its obligations under this contract caused by factors outside of its control.
Service of Notices:
Any notice given under this document shall be in writing and may be served: -
· Personally
· By Registered or Recorded Delivery mail
· By facsimile transmission or
· By any other means agreed between the parties in writing
Each party’s address for the service of the notice shall be its address shown on letterheads or previous correspondence or such other address as it specifies to the other party in writing.
Notice shall be deemed to have been served: -
· If it was served in person at the time of service
· If it was served by post 48 hours after it was posted and
· If it was served by facsimile transmission at the time of transmission
Confidentiality & Copyright:
All documentary material remains the property of Rural Leisure Limited and must not be copied or passed on to third parties. All designs and drawings also remain the property of Rural Leisure Limited and must not be copied or passed on to third parties.
Planning Permission:
In many circumstances planning permission is not required to erect a cabin. We provide a guidance sheet free of charge, which may assist you. We do however recommend that you speak to your local planning control office and follow their direction before proceeding. We have a qualified planning consultant who has many years experience with log cabins and planning and we offer a free initial consultation to give an opinion as to viability. Subsequent work would be the subject of a quotation.
Drawings:
Copies of standard drawings are usually made available free of charge. The cost of amendments or newdrawings is chargeable at a rate of £180 per minor amendment £280 per detailed amendment and £350 per new drawing.
Pre-order site visits:
Visits to site are chargeable on a ½ day or full day basis, dependant on the time away from the office, the rate per day is £400. Mileage is chargeable at £0.45/mile. One site visit will be included in the quotation, and as such this visit cost will be deductable, subsequent to receipt of an order, our own site progress and supervision visits are included in the price, but none others and these would be chargeable as described above.
Structural or other calculations:
Typical structural calculations exist for cabins of a similar nature to the ranges offered within the standard ranges. However should job specific calculations of any nature be required, then these would be at an additional cost and the customer should request a calculation prior to instructing Rural Leisure Limited proceed, or accept our reasonable charges.
Damaged goods or shortages:
Damaged goods or shortages must be notified in writing within 24 hours of receipt.
Warranty:
All cabins are covered by a 15-year warranty. This does not include minor adjustment and easing.
Amendments & Standards:
As part of our continuous improvement policy we reserve the right to amend any details without notice. To avoid misunderstanding always obtain an up to date specification and quotation immediately prior to ordering.
The specification provided is available on the listed products but represents only part of what is available from the firm. It is the customer’s responsibility to properly investigate his or her own circumstances and decide which if any standards are required and to notify the firm in writing in accordance with the condition above “Service of Notices”.
Jurisdiction:
English law shall govern this contract and the customer consents to the exclusive jurisdiction in the English Courts in all matters except to the extent that Rural Leisure Limited invokes the jurisdiction of the courts of any other country.
These Terms & Conditions are to be read in conjunction with and include the Guarantee
Orders:
In writing and must give a drawing and:
1. Product name.
2. Internal measurements.
3. Wall thickness.
4. Layout plan
5. Users foundation details.
6. Doors (1.Internal/External, 2.LH/RH, 3.Solid/½ Glass/Full glass)
7. Windows LH/RH viewed from the outside.
8. Shutters (none unless stated).
9. Requested date of delivery.
10. Any special requirements.
No order will be acted upon unless items 1-10 have been provided and the producer has received approved, signed and dated drawings.
In the event of special terms being specified by the distributors customer, which affect the terms of this contract then, it is accepted that the order will specify these details.
Maintenance:
Under the terms of this warranty you are required to operate this cabin correctly and carry out regular and proper cleaning and maintenance.
Adjustment & Easing:
After initial adjustment and easing, it is deemed to be the client’s responsibility for subsequent revisits.
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