Cumbrian Shepherd Huts Ltd, Middle of the Mill, Staveley Mill Yard, Staveley, Kendal, Cumbria LA8 9LR. Company Number 9284151.
Terms and Conditions for the Supply of Goods
1 Interpretation and Definitions:
The following words as used in these Terms and Conditions and in any correspondence between us will have the following meaning:
Business day: a weekday, excluding Saturday’s, Sunday’s and public holidays.
Confirmation of Order: this is the confirmation in writing from Cumbrian Shepherd Huts to you, the purchaser, in response to your request for a Quotation, detailing the Goods to be supplied, their specification, total price together with an Invoice for the Deposit/First Installment.
Contract: this is the contract between you and Cumbria Shepherd Huts Ltd, as set out in the Confirmation of Order, inclusive of these terms and Conditions.
CSH, we, us: means Cumbrian Shepherd Huts Ltd.
Deposit or First Installment: this is payment of 50% of the purchase price, payable to when you accept our Confirmation of Order.
Delivery Address: this is where we have agreed to deliver your Cumbrian Shepherds Hut to, as described in section…..
Goods: this means the Cumbrian Shepherd Hut that you have agreed to purchase, as set out and specified in correspondence between us.
Purchase Price: this is the price for the Goods, as detailed in our Confirmation of Order, comprising the Deposit/First Installment and Second Installment.
Purchaser: this means you, the individual or Company who has Contracted to purchase the Goods from us.
Second Installment: this is the second payment, equal to 50% of the Purchase Price, to be paid to us prior to delivery.
Specification: this includes any written confirmation of specification, including our website, drawings, written amendments to specification, optional extras and bespoke items that we fit and supply with the goods.
Writing: confirmation of any Order, amendment to Specification or Price or Terms and Conditions will be in writing, this includes letter and email.
2 Basis of Contract:
These Conditions set out the agreement between us to the exclusion of any other terms, unless otherwise confirmed in writing between us.
These terms and Conditions apply exclusively to the Contract between us.
You, the Purchaser, are responsible for ensuring that the Confirmation of Order and Specification are as agreed and form the full and final basis of Contract between us.
The Contract represents the entire Agreement between the Purchaser and CSH.
As described in the specification and drawings. Any amendments or additions and any attached costs will be by agreement and confirmed in writing. CSH reserve the right to alter the Specification if statutory or regulatory changes require us to do so; we will inform you in writing should this occur.
Delivery: the Goods will be delivered by us to you to the agreed Delivery Address, unless you wish to collect the Goods from our workshop.
Delivery shall not take place until Payment in full has been received by CSH.
The Goods shall be delivered (or collected) within 10 Business days of us notifying you.
Delivery of the Goods will have been completed when the Goods are unloaded and located at the agreed Delivery Address.
The delivery date given by us to you in any correspondence shall be an estimate and you will be notified of a final delivery date during the construction process. Time shall not be regarded of the essence.
Cumbrian Shepherd Huts Ltd will not be liable for any delay in delivery of the Goods due to causes beyond their control or due to force majeure.
If for whatever reason you are unable to take delivery of the Goods within 10 business days of our notification, other than due to force majeure or our non-compliance under the Contract, delivery shall be deemed to have taken place before the end of the 10th Business Day. Under these circumstances, CSH will hold and store the Goods until delivery takes place. You will be responsible for any holding costs (rent, insurance, cancellation and any other reasonable costs) that we may have. If you do not take Delivery of the Goods within 30 days of the delivery date we gave you notice of, then CSH may resell the Goods.
The delivery site must be accessible to a commercial vehicle with openings of no less than 9 feet wide. Vertical clearance of up to 13 feet will be required, we do not accept liability for any damage caused en route by low level obstructions. The hut site should be clear, level, accessible and of sufficient hard standing to support both hut and delivery vehicle. Payment for delivery is required as part of the Deposit/First Installment and Second Installment.
Warranty: CSH warrants that, on delivery, the Goods shall match the Specification as described under “Goods”; that the Goods shall be of satisfactory quality (as set out in the sale of Goods Act 1979); and that the Goods shall be free from material defects in design, composition and craftsmanship. Furthermore, CSH Ltd will provide a 10 Year Limited Warranty (see attached document) that shall form part of these terms and Conditions.
Title and Risk: any risk shall pass to you once Delivery has taken place. Title in the Goods shall not pass to the Purchaser until delivery has taken place and Payment has been received in full.
Purchase Price: the full Purchase price will be set out in our Confirmation of Order. The price will include any optional extras, the delivery cost and specify details of the Deposit/First Installment and the Second Installment amounts.
The Deposit/First Installment, comprising 50% of the purchase price, shall be payable within 10 Business Days of the date of the Confirmation of Order, otherwise the Contract will be void and the purchase Price may be subject to amendment. The Deposit/First Installment is non-refundable.
The Second Installment, comprising the remaining 50 % of the Purchase Price, together with any additional cost variations as agreed between us, shall be payable within 5 Business Days of us issuing an Invoice for the residual amount to you.
Delivery of the Goods, as set out below, shall not take place until the purchase price has been paid in full to CSH.
CSH shall inform you of any increase in the price of the Goods due to any requested and agreed amendment to the Specification made by you.
CSH reserve the right to charge interest upon any overdue payments at the rate of 10% above the Base Rate (UK £), interest will be calculated on a daily basis until payment (inclusive of amount outstanding and interest)is received.
Limitation of Liability: CSH’s liability shall not be limited by anything in these terms and conditions for any injury caused by their negligence of their employees or agents or subcontractors; fraud or fraudulent misrepresentation; breach of terms implied by s12 of the Sale of Goods Act 1979 or defective products under the Consumer Protection Act 1987.
Subject to this, CSH shall not be liable to you for any loss or damage caused by breach of this Contract or any loss arising under this Contract that is not reasonably foreseeable.
CSH’s total liability to the purchaser in respect of all other losses under this Contract shall not exceed the Purchase Price.
Neither party shall be liable for any failure or delay in performing its obligations under this contract due to “force majeure”
Third Party Rights: only those persons or organisations that are a party to the Contract shall have any right under or in connection to it.
Assignment: CSH may assign, transfer or otherwise deal with all or any of their rights under these Terms and Conditions. The purchaser shall not assign, transfer or deal in any way with their rights under these Terms and Conditions, other than with the prior written consent of CSH, that consent not to be unreasonably withheld.
Variations: other than as set out in these Terms and Conditions, any variation to the contract, including the addition of additional Terms and Conditions, shall only be binding when agreed in writing by both parties.
Governing Law and Jurisdiction: this Contract is governed by English Law and subject to the exclusive jurisdiction of the courts of England and Wales.
Cumbrian Shepherd Huts Limited, December 2014