Terms

Terms

These are in addition to and do not affect the Customer’s statutory rights.

1. Definitions

“Grafton Boards “the Seller” shall mean Grafton Boards Limited its successors and assigns or any person acting on behalf of and with the authority of Grafton Boards.

“The Customer” shall mean the person or entity described as such on the invoices, written order, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.

“Goods” shall mean Goods or materials supplied by the Seller to the Customer and as described on the invoices, quotation, or any other forms as provided by the Seller to the Customer.

“Price” shall mean the cost of the Goods as agreed between the Seller and the Customer subject to clause 4 of this contract

2. Application of Terms

Contracts and orders are accepted only subject to the Sellers General terms as set out in these Terms and the Sellers Special Conditions of Sale [if any] endorsed on the accompanying Invoice and the Customer shall be bound by such conditions. No modification or variation of these Conditions will be accepted unless expressly agreed in writing. In the event of any conflict between these Conditions and those contained in the Customer's documentation these Conditions will prevail.

3. Orders

a. All prices quoted are in British pounds sterling (£) and exclude Value Added Tax (VAT) which shall be due at the prevailing rate.

b. The Consumer will receive a confirmation email within 24 hours of an order being placed. This will include the order number, the Seller’s contact details, a full list of the products ordered and all delivery costs.

c. Every effort is taken to ensure that the information contained on this website is correct and up to date.

4. Price and Payment

The Price shall be either:

a. As indicated on the Seller’s website www.graftonboards.co.uk, or,

b. As indicated on quotations, invoices or in writing by email, facsimile or letter provided by the Seller to the Customer in respect to Goods supplied

c. Payment shall be due at the time of order or at a time agreed in writing by the Seller before dispatch of the Goods.

d. Payment will be made by BACS, credit card, electronic bank transfer, or by any other method as agreed between the Customer and the Seller.

e. VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. Shipping

Shipping costs on the website relate only to delivery within the UK mainland. International deliveries, as well as deliveries to the Scottish Highlands and Islands, N. Ireland, Isle of Wight, Isle of Man, Channel Islands and Eire incur higher carriage charges and are individually quoted. The Seller uses use a combination of standard postal services, lightweight courier services, haulage companies or the pallet network to provide the cheapest delivery option to the Customer. The Seller will advise the Customer where mechanical discharge is required on site as delivery is effective on the arrival of the carrier at the Customer’s premises.

6. Delivery

a. Time of delivery shall not be of the essence of the Contract unless otherwise previously agreed in writing by the Seller.

b. Delivery where the goods are sold delivered DDU shall be when the goods are available for discharge from the Sellers transport at the Customer’s premises. The Customer shall provide at the delivery point and at its expense adequate facilities for discharge of the Goods.

c. If the Customer is unable to take delivery of the Goods at their premises at the agreed time, any handling and storage costs will be borne by the Customer.

d. Where the Customer has requested the sale of Goods under DDU terms all quotations and estimates assume delivery in one consignment. Where delivery in instalments is requested by the Customer, additional delivery charges may be raised by the Seller.

7. Risk and Property

a. Risk in the Goods shall pass to the Customer when the Goods are delivered.

b. Notwithstanding delivery and the passing of risk in the Goods, title and property in the Goods, including full legal and beneficial ownership shall not pass to the Customer, until the Seller has received in cash or cleared funds payment in full, for all Goods delivered to the Customer under this and all other contracts between the Seller and the Customer for which payment of the full price of the Goods thereunder has not been paid. Payment of the full price of the Goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Customer and the Seller under which the Goods were delivered.

c. Until such time as the title and property in the Goods whether legal or beneficial passes to the Customer, the Customer shall hold the Goods as the Seller's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Seller's property, but the Customer has the right to resell or use the Goods in the course of its ordinary course of business.

d. Until such time as the title and property in the Goods whether legal or beneficial passes to the Customer, the Seller may at any time require the Customer to deliver up the Goods to it and, if the Customer fails to do so forthwith enter on any premises of the Customer or any third party where the Goods are stored or remain severable from other goods.

e. The Customer shall not be entitled to offer the Goods as security or in any way charge any of the Goods which remain the property of the Seller, but if the Customer does so all monies owing by the Customer to the Seller [without limiting any other right or remedy of the Seller] immediately become due and payable.

8. Faulty or incorrect goods

Subject as expressly provided in these Terms, and except where the goods are sold to a consumer as defined in the Consumer Rights Act 2015 all warranties, conditions or other terms implied by Statute or common law are expressly excluded.

a. Where there is a patent defect in the quality or condition of the Goods or a failure to meet the agreed specification, the Customer must notify the Seller of the claim in writing within 5 working days of the delivery. Where the defect or failure was not apparent on reasonable inspection a written claim must be made to the Seller within a reasonable time of its discovery.

b. In the event of a claim for quality or condition of the Goods or a failure to meet the agreed specification being accepted by the Seller, the Seller may at its own discretion, either replace the Goods free of charge or refund to the Customer the price of the original Goods and shall have no further liability to the Customer.

c. Except in respect of death or personal injury caused by the Seller's negligence or liability under the Consumer Protection Act 1987, the Seller shall not be liable to the Customer by reason of any non fraudulent representation, or any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract for loss of profit or any indirect special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.

d. The entire liability of the Seller shall be limited to the replacement cost of the goods supplied under these Terms.

9. Goods Damaged in Transit

On rare occasions, Goods may be damaged in transit in which case the following procedure must be followed to ensure the Customer’s rights under the Consumer Rights Act 2015 are maintained. Failure to follow this procedure may result in any claim being rejected by the Seller. All Goods are insured in transit. Risk transfers to the Customer on completion of delivery as defined in clause 7 above when the Goods are signed for. In order to process a claim for damage in transit successfully the following procedure must be followed;

If Goods are damaged the Customer must confirm this in writing on the delivery note at the time of delivery. Do not accept damaged Goods without doing this, evidence will be required to prove the damage was caused in transit and not subsequently:

No claims for damaged Goods will be accepted once the Customer has signed for the order unless:-

a. The delivery note is countersigned as ‘damaged Goods’ by the Customer (or anyone signing and accepting the Goods) at the time of delivery.

b. The Consumer must alert the Carrier of the damage and the intention to notify the Seller

c. Photos are taken as evidence to support the claim

d. The Consumer contacts the Seller immediately to confirm that the Goods have been delivered damaged

e. The Consumer must keep, and store the damaged Goods in a safe place, where they must be available for inspection by the Seller or its representatives on provision of reasonable notice.

Damaged Goods that are reported at the time of delivery with supporting evidence as described above will be replaced at no cost to the Customer.

10. Cancellation

It is at the Seller’s discretion whether to accept or reject the cancellation of any contract or the return of any Goods not required for credit or refund. Any such cancellation or return shall be on such terms as the seller will specify. In particular, the Seller may charge a handling fee plus a re-stocking charge of 35% of the cost of the Goods plus any freight and may include additional costs incurred on cancelled orders.

Special orders, and non-stock items will not be accepted for return.

All monies which paid for the returned Goods, excluding the original cost of delivery will be repaid to within 30 days. Refunds are dependent on Goods being returned fit for resale, undamaged and in original packaging to the specified stocking location.

11. Complaints Procedure

Complaints will be addressed within 5 working days of receiving written submissions. Please email info@graftonboards.co.uk or call 01474 872578.

12. Literature

All literature, samples, specifications, dimensions and weights submitted with any quotation are approximate only and the data and descriptions contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with products and services supplied. The descriptions, illustrations and performances contained in catalogues,

13. Force Majeure

The Seller shall not be liable to the Consumer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform its obligations in relation to the Goods, if the delay or failure was due to a cause beyond the Seller's reasonable control. For the avoidance of doubt these causes will include but shall not be limited to:

a. Acts of God, fire, flood, storm or accident.

b. War, hostilities [whether war be declared or not], invasion, act of foreign enemies

c. Rebellion, revolution, insurrection, military or usurped power or civil war.

d. Riot, civil commotion or disorder.

e. Acts, restrictions, regulations, by-laws, refusal to grant any licences or permissions, prohibitions or measures of any kind on the part of any governmental authority.

f. Import or export regulations or embargoes.

g. Strikes, lock outs or other industrial actions or trade disputes of whatever nature, whether involving the Seller's employees or third parties.

h. Defaults of suppliers or sub-contractors for any reason whatsoever.

i. Incompleteness or inaccuracy of any technical information which is the responsibility of the Consumer to supply

j. Difficulties in obtaining raw materials, labour, fuel, parts or machinery

k. A significant weakening of Sterling exchange rates.

l. Power failure or breakdown in machinery.

14. General

a.The Seller's rights under these terms shall not be affected or restricted by any waiver of any breach or subsequent breach by the Seller.

b. Any dispute arising out of or in connection with this Contract shall be referred to and finally be resolved by arbitration by appointment of a sole arbitrator appointed, in the absence of agreement between the Seller and Buyer, by the President for the time being of the Timber Trade Federation whose decision on the appointment shall be binding.

c. The Order shall be considered to be a contract made in England and shall be governed in all respects by English Law, and the parties agree to submit to the exclusive jurisdiction of the English courts.



Dated June 2019




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