The “Company” means The stair company unit 24 Baldock industrial estate London road Baldock Hertfordshire SG7 6NG 01462 896444
The “Customer” means any person, company or third party as detailed in the Contract. The Customer’s address and contact details are as supplied to the Company and as detailed in the Contract.
The “Goods” means any goods or services, which are the subject of the Contract.
The “Contract” means a legally binding agreement whereby the Customer agrees to purchase Goods from The Company as detailed on the Company’s invoice.
The “Order” means a purchase order, either verbal or written, given by the Customer to the Company to Contract for the Goods under these Terms & Conditions of sale.
The “Carrier” means any third party transport nominated by the Company to deliver the Goods to the Customer.
Acceptance of Order:
The Order will be accepted as a Contract at the discretion of the Company and subject solely to these Terms & Conditions of Sale, which supersede and prevail over all other terms or conditions contained in, or referred to, in the Order or in any other correspondence or documents from the Customer unless agreed in specific Notice by the Company. No statement or quotation made by the Company relating to the Goods, howsoever made, shall constitute an offer to Contract. The Order will only become a Contract upon receipt of the Customers deposit into the Company’s bank account in cleared funds.
The Company’s quotations are valid for 90 days, subject to continued availability of the specific product in the marketplace. A quotation does not constitute an offer to Contract and the Company reserves the right to withdraw a quotation at any time. Where quotations are based on information provided by the Customer, such quotations are subject to the accuracy of that information supplied. Pre-survey quotations may be revised following a site survey.
Terms of Payment:
The terms of payment for the Contract will be 50% deposit with Order and the balance payable and funds cleared prior to delivery for supply only goods. Where fitting is contracted for this will be 10% of the contract and held back until the installation is complete. The balance of 90% will be paid in full before delivery with cleared funds.
Title in the Goods will pass to the Customer when the Company receives full payment for the Contract, and that payment has entered the Company’s bank account as cleared funds.
Risk in the Goods will pass to the Customer immediately on collection of the Goods by the Customer or their servant from the Company’s premises or upon Delivery to the Customer by the Carrier.
Until Title in the Goods has passed to the Customer the Company shall have the right to enter upon the Customer’s premises or any other site or premises to recover the Goods.
Drawing, Sizes & Measurements:
All drawings supplied by the Company are the copyright of The stair company and cannot be reproduced or transmitted in any format whatsoever without prior Notice
from the Company. All measurements shown on pre-survey drawings are for quotation purposes only and final dimensions will only be confirmed after receipt of Order. Where measurements are supplied by the Customer, The Company will not be responsible for any discrepancies. Goods may be described in Imperial and / or Metric dimensions and unless specifically stated on the Contract Imperial dimensions may be converted to their Metric equivalent or vice versa. A machining tolerance of + / – 5% is allowed. All The stair company Goods comply with UK Building Regulations Part ‘K’. However, the Company hereby advises the Customer to check with their local Building Control Department prior to manufacture of the Goods to ensure that their requirements are met in full.
At the Company’s discretion, and on the assumption that all necessary measurements can be taken, a free initial site survey is offered to Customers within a 50 miles radius of the Company’s Offices. Customers requesting a site survey outside of this area will be charged at the rate of £0.50 per mile, this charge to be deducted from any ensuing Order. If a second or subsequent site visit is necessary in order to obtain measurements then this will be chargeable at the rate of £0.50 per mile plus £35 per hour or part thereof.
Samples/Colour/Appearance of Timber:
Timber Goods are natural products and as such variations in colour and appearance are inevitable and some timbers may exhibit sound knots or natural marks. The Company’s samples, photographs and images are representative of type only and no guarantee or warranty is offered or implied as to the precise colour, pattern, appearance or ratio of sapwood to heartwood unless expressly written into the Contract. The Customer should note that all timber Goods will undergo significant colour changes when a finish is applied and the Customer’s choice of finishing product will determine the outcome. The Company accepts no liability for any issues relating to the colour of the finished Goods.
The Company reserves the right to sub-contract all or any part of the Contract for the manufacture, installation and/or finishing of the Goods.
The Company will use its best endeavour to deliver the Goods on time. However, delivery dates, where specified by the Company, are best estimates only and of no contractual significance. In the event of any delay, the Company will contact the Customer and agree an alternative delivery date. In the event of any delay the Company will not accept cancellation of the Contract nor pay any penalty to the Customer or any other third parties. Should the Customer be unable to accept delivery of the Goods on the agreed date for whatever reason, any outstanding balance must be paid into the Company’s bank account in cleared funds on or by the agreed delivery date. Thereafter, the Company will store the Goods free of charge for a period of 4 weeks after which, the Company reserves the right to make a charge for storage and insurance of the Goods at the rate of £100 per flight, per week or part thereof. No Goods will be allowed out of storage until all storage charges have been paid by cleared funds into the Company’s bank account.
Many small streets have weight, height and / or delivery time restrictions that may require the dispatch of a special delivery vehicle. It is the Customer’s responsibility to inform the Company prior to delivery if any such restrictions apply. The Customer will be held responsible for all delivery costs if the delivery address is inaccessible due to restrictions that have not been made known to the Company. The Customer hereby agrees to pay the Company for any penalties that are incurred by the Carrier due to: street blockage by delivery vehicle; unloading taking longer than allowed by authorities; parking violations of any kind that occur while the vehicle is unloading at the Customers location.
Storage of Goods:
Once delivered, all timber Goods should be stored appropriately in completely dry conditions at all times prior to installation. The Company accepts no responsibility whatsoever for Goods installed in new or renovated buildings which have not adequately dried out. Similarly, the Company accepts no responsibility for any Goods subjected to excessive heat, cold, damp or humidity either in situ or in storage.
Installation of Goods:
The Company accepts no liability for any issues relating to the installation of the Goods unless the Customer Contracts with the Company direct for installation services.Under no circumstances will the Company be responsible for any remedial building, plastering or decorating works. Unless otherwise stated, quotations for the Installation of Goods do not include for the removal of any existing staircases, trimming of staircase well openings or soffits to undersides thereof. Unless otherwise stated, quotations for the Installation of Goods do not include for any finishing and all timber is supplied ‘in the white’ ready for finishing by others. Quotations for installation of Goods assume that all surfaces to be fixed to are sound, clean, dry and flat and any surfaces that are not will require additional work prior to installation. Quotations for installation of staircases assume fitting to a pre-formed well. It is the Customers responsibility to ensure the structural integrity of all supporting joists within the building and to provide any scaffolding required. Installation dates are contractually binding and should it become necessary for the Customer to put back the date for whatever reason then a minimum period of 7 days Notice must be given to the Company. Failure to do so will incur a re-booking fee. Should the Company arrive on site to carry out a pre-booked installation and find that the site conditions are unsuitable for installation for whatever reason then the Customer will be liable for all costs incurred by the Company including but not limited to time, travel and accommodation.
Where the Customer is carrying out their own installation works, it is the Customers sole responsibility to inspect the Goods on delivery and prior to the commencement of any installation work as no complaint will be considered, and no right of refund or return will exist once the Goods have been installed or used or altered in any way whatsoever. If on examination the Customer considers the Goods, or any part of the Goods, to be defective or short, then the Customer must sign the Carriers delivery note as ‘defective’ and give a description of any issues. The Company will contact the Customer to arrange for the Goods to be examined by the Company. If, in the Company’s opinion, the Goods are defective, the Company must be allowed time to rectify the defect within 30 working days of the Notice without penalty. In the event that the Company is unable to rectify the defect within that timescale the Company will make a refund to the Customer, up to a maximum of the full Contract price including carriage. No claims will be considered for defective Goods, damaged Goods or short delivery of Goods once the Carrier has left the Customer’s
delivery address unless the delivery documentation has been duly signed for as, ‘defective’, ‘damaged’ or ‘short’. Where the Company is carrying out the installation works, and upon completion of those works, the Customer will be requested to sign off the Contract as ‘completed’.
Cancellation of the Contract must be made in Notice to the Company were upon receipt of such the Customer will become immediately liable for all the costs of any work undertaken, materials procured and any other reasonable costs or expenses incurred by the Company in fulfilling the Contract up to the date of cancellation.
Any notices, “Notice” must be in writing and sent to the contact address, as detailed in the Contract, by email or by recorded post. No other notice shall be of any contractual value. Where possible it should be considered good practice to give prior notice by telephone. However, such prior notice will not be of any contractual value. For the purpose of the Contract, Notice will have been served within 24 hours of the sending of an email or recorded post on any working day.
Indemnity & Liability:
The Company will not be liable for any losses that were actually unforeseeable to the parties when the Contact was formed, for losses not caused by the Company’s breach of the Contract or for any business losses. In any event the Company’s liability will be limited to the total value of the Contract. The Customer shall indemnify the Company in respect of all loss, damage or injury occurring to any person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Company may become liable in respect of the Goods in the event that such loss, damage, or injury shall have been occasioned by the negligence of the Customer or a third party employed by the Customer.
All staircase Goods supplied and installed by the Company are sold with a 10 year Guarantee against any defects in materials or workmanship arising as a result of normal wear and tear. Where Goods have been altered in anyway whatsoever, except by the Company’ this Guarantee is null and void. Timber Goods are natural products and as such subject to seasonal expansion and contraction. This Guarantee does not cover any such seasonal movements, nor does it cover any movements caused by exposure to excessive heat, cold, damp or humidity, either in situ or in storage.
These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. If any one or more of the provisions of these terms and conditions are adjudged by any Court to be unfair then only that provision(s) will be unenforceable and the remaining provisions will continue in full force and effect.
These terms and conditions have been written using plain English.
Please read them carefully as they will form the basis of any contract between The stair company and you, the customer.If any part of these terms and conditions is not clearly understood please feel free to ask for clarification from the Company or seek independent legal advice.