1. In these conditions the "Vendor" shall mean Fairoak Timber Products Ltd and the "Purchaser" shall mean the Vendor's customer.
2. Unless otherwise stated, prices are ex-works. At the Purchaser's request delivery can be arranged at cost price. Prior to delivery it is the Purchasers responsibly to ensure that there is clear and reasonable access to the delivery point. The Purchaser must provide labour for unloading on arrival. Under no circumstances will the delivery vehicle leave the road.
3. The Purchaser should check deliveries against the Vendor's acknowledgement of order and delivery notes. It is essential that immediately upon receiving goods a written report of any damage or loss is sent to the Vendor otherwise no liability can be accepted.
4. Unless otherwise stated, prices are based on current rates of labour, materials and transport and may be subject to amendment on, or after, acceptance of any subsequent order, to meet variations in cost.
5. No priming, preservation, sealing, painting, glazing, fittings or hardware have been included, unless clearly specified to the contrary.
6. No Value Added Tax has been included unless specifically stated but will be payable by the customer in addition to the price at the then current rate.
7. All quotations, unless otherwise stated, are valid for 30 days.
8. Any tender submitted by the Vendor is not to constitute a binding offer. Any order based on the Vendor's tender will be subject to acceptance in writing by the Vendor. All prices are subject to confirmation on the Vendor's official acknowledgement form on receipt of order. The Purchaser should check particulars on this form and advise the Vendor immediately if any discrepancies are noticed. Any stipulation or conditions in the Purchaser's order form which would conflict with these conditions or in any way qualify or negate the same shall be deemed to be inapplicable to the order placed with the Vendor unless expressly agreed by the Vendor when acknowledging the order in question.
9. Changes in quantity, size or specification may result in alteration of unit prices with possible delays in delivery. Prices are based on the assumption that joinery will be delivered in full loads, or as agreed, in order to allow for repetition in manufacture.
10. The Vendor's normal manufacturing time is approximately 6-8 weeks from receipt of approval of the Vendor's acknowledgement of order. Written confirmation of the week ending date for the anticipated completion of manufacture / dispatch will be issued to the Purchaser with the finalised acknowledgement of order.
11. Final payment will be requested 10 days prior to the dispatch date. If the Purchaser elects to delay dispatch the Vendor will still request payment. After final payment has been received (and at the Vendors discretion) storage of goods can be arranged at an agreed rate. If payment is not received within 10 days of request the Vendor reserves the right to charge storage at £50 per £1000, per week.
12. Whilst every effort will be made to adhere to the quoted delivery date, the Vendor cannot accept responsibility for delays due directly or indirectly to war, strikes, lock-outs, Government prohibition or restrictions, fire or any cause outside its reasonable control. Failure to deliver under a contract on a due date shall not entitle the Purchaser to
1. refuse a delivery tendered after such a date
2. repudiate the contract
3. make a claim for damages in respect of late delivery
13. The Vendor's offer is made on the basis of supply only and no form of sub contract will be entered into unless agreed otherwise in writing by the Vendor.
14. Any goods supplied are warranted by the Vendor in accordance with the warranties set out in the document attached to the Vendor's acknowledgement of order form headed "Guarantee conditions and exclusions, fitting instructions". These warranties extend only to the repair or replacement of joinery. No responsibility is borne in respect of any other trades. These undertakings are given in substitution for and to the exclusion of any condition or warranty implied by law in respect of the quality, description or fitness for any particular purpose of the goods. Our liability arising out of any contract, Tort, or otherwise shall not exceed the net invoiced price of the particular goods in regard to which a complaint is made. We do not accept responsibility for any consequential loss or damage including but not limited to loss of profit, goodwill, loss of potential contracts or cost of replacement or substituted goods. Nothing in this clause shall deem to limit the Vendor's liability for death or personal injury directly caused by the Vendor's negligence.
15. We reserve the right to use laminated or jointed timber in accordance with standard practice.
16. The Purchaser must store all goods in a dry place with adequate control of the humidity to ensure moisture content remains constant to 16% (+/- 3%).
17. Property in Goods
1. So long as any money owing to us from you is outstanding in respect of any goods sold, the property in any goods sold subject to the aforesaid and delivered by us to you or to your order will not pass to you and we retain legal equitable and beneficial ownership of such goods until such indebtedness has been discharged.
2. We shall have the same rights as under 17-1 hereof to claim for any such indebtedness from you to us, should any of the said goods be converted into, or made a component part of, other goods ("converted goods"). Until all such indebtedness is discharged we shall have the same rights of legal equitable and beneficial ownership in all converted goods as we had in the said goods converted into or forming a part of them.
3. Until all outstanding money is paid, you will hold goods delivered by us to you or to your order and/or any converted goods in a fiduciary capacity on our behalf, and should any goods be resold by you, you shall hold the proceeds of such sale in a like fiduciary capacity on our behalf until the total amount of your indebtedness to us shall have been discharged.
4. With regard to any of the goods mentioned in 17-1, 17-2 or 17-3 hereof so long as we have legal equitable and beneficial ownership thereof in accordance with the Conditions we may (without prejudice to any other rights we may have) recover or resell the goods or any of them and may enter upon your premises by our servants and agents for that purpose, at any time after the credit period has passed or immediately upon or at any time after the commencement of any act or proceeding involving your solvency.
5. Until all outstanding money is paid by you, no guarantees will come into being, and no product manuals, Health & Safety documents will be issued until all indebtedness has been discharged.
18. Risk
    All risk in the goods will pass to you immediately on delivery of the goods to you or to your order unless agreed in writing to the contrary.
19. Regulations
    We shall not be liable for any loss or damage whatever which may be occasioned by reason of the goods supplied not conforming to the Building Regulations or any other statutory regulations, nor for any liability under the Health and Safety at Work Act to a use of the goods by you which has not previously been notified by you to us and approved by us in writing before such use.
20. Patents
    In the event of any claim being made or action brought against the Purchaser in respect of infringement of patents by the Vendor, the Purchaser shall notify the Vendor forthwith and the Vendor shall be at liberty, with the assistance of the Purchaser, but at the expense of the Vendor in all respects to conduct all negotiations for the settlement of any litigation that may arise therefrom, subject to such notification and the Vendor will indemnify the Purchaser in respect of any damages and costs finally awarded against the Purchaser.
21. The above terms are given in conjunction with our quotation and our guarantee conditions and exclusions, fixing instruction letter attached to our acknowledgement of order. Failure to adhere to all points will invalidate the Vendor's guarantee.

© Fairoak Timber Products Ltd, 2006