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Terms and conditions

TERMS AND CONDITIONS OF SALE
 
DEFINITION OF TERMS
 
‘Buyer’ – the person or business named in the purchase order.
 
‘Seller’ – National Polytunnels LTD. ‘Goods’ – all items to be supplied by the seller as specified in the purchase order.
 
‘Purchase Order’ – the buyers purchase order which specified that these conditions apply to it.
 
‘The Contract’ – the arrangement between buyer and seller, comprising the purchase order and the conditions specified below.
 
REGISTERED OFFICE
 
The registered office of National Polytunnels LTD is 4 Cable Court, Pittman Way, Fulwood, Preston, PR2 9YW.  Email: sales@nationalstructures.co.uk. Tel: 01772 799222, Fax: 01772 799250.  National Polytunnels LTD is a trading style of National Polytunnels Limited registered in England; registration number: 1656315 (the ‘Seller’).
 
SERVICE
 
The Seller supplies and installs goods as advertised in its brochures, web-site and other various advertising media and offers free surveys and free quotations to all prospective buyers.  All enquiries are treated in the strictest confidence.
 
GENERAL
 
These terms and conditions apply to every quotation or other similar documents created or sent by National Polytunnels LTD.
 
No contract exists between you  (the ‘Buyer’) and the Seller for the sale of any goods until the Seller has received and accepted your order.  The Seller at its own discretion may accept or reject any order whether on account of the equipment being no longer available or for any other reason whatsoever.  Once the order has been made to the Seller through the given payment method on the order. Then there is a binding legal contract between the Seller and the Buyer.  Once accepted by the Seller, a sales order will be sent to the address provided confirming that payment of the deposit has been received and that the order has been placed; it is at this time that a binding legal contract is created.
 
PRICES
 
All prices quoted are held for 30 days from the quotation date and are for the full quantities specified.  Quotations over 30 days old may be subject to fluctuations in labour and material costs.
 
PURCHASE ORDERS
 
The Seller only accepts orders subject to written confirmation from the Buyer.
 
CANCELLATIONS
 
Upon receipt of a signed purchase order, cancellation will only be accepted in writing and acknowledged in writing by National Polytunnels LTD with the following terms:-
 
Cancellation over 56 days of installation date –  no charge, cancellation within 56 days of installation date – 50% of purchase order total, within 40 days of installation date – 100% of purchase order total.
 
LEAD TIMES
 
The Seller will make every effort to adhere to lead times quoted at the point of receipt of order.  No liability can be accepted for any loss resulting from delays or non-completion of contract cause by circumstances beyond the Sellers control.  Lead times quoted previously on surveys etc., could be subject to change and are for guidance purposes only.
 
SPECIFICATION
 
The seller reserves the right to change product specification due to improved component parts which may become available from time to time.
 
DELIVERY AND CONSTRUCTION DATES
 
Delivery / Construction dates quoted by our sales team are given as best estimates at the time of ordering.  Circumstances beyond their control may effect these dates and no liability can be accepted for variations to promised dates.  National Polytunnels LTD will not accept claims for consequential loss due to delays in delivery or construction of their equipment or for any other reason.
 
CONSTRUCTION
 
Construction by a National Polytunnels LTD construction team assuming the following conditions prevail.
 
National Polytunnels LTD cannot be held to any completion date as the constructors ability to perform much of the work is dependent on the weather conditions.
Any workmanship with which the customer is not satisfied must be pointed out before the construction team leave site.  A satisfaction certificate is provided to assist the customer and is to be completed by both the customer and the construction team.
We have not allowed for protection of the existing buildings whilst the new works are being carried out.
We have not allowed for general or special attendances.
We have not allowed for skips for the removal of waste.
We have assumed that we can have access from 8.00 am until 8.30 pm – Monday to Sunday.  Should working hours vary from those stated, please advise prior to order as this may affect our quotation.  Any hours notified after receipt of order will be charged as a variation.
We have assumed that any arrangements with the Highways Authority for offloading will be the responsibility of the Main Contractor in accordance with delivery times and period agreed with us.
Under the Construction (Design and Management) Regulation 2007, construction operatives require the use of suitable welfare facilities and as such National Polytunnels LTD assume operatives will be allowed the use of customers welfare facilities.  Should this not be possible, this will affect our quotation.
Suitable power supply close to our area of work provided FOC from yourselves.
Access to site for a 40’ articulated trailer.
Area to be cleared to provide working access and designated access to site for personnel’s and materials.
National Polytunnels LTD to terminate downpipes at ground level with shoe.
We require a suitable area for offloading and erection on site.
Relevant Planning and Building Control permissions have been obtained.
Area will be cleared to provide working access for rough terrain long reach forklift, main access plant.
We have not included for any heras fencing.
We assume a secure area will be provided for all materials on site.
Customer to make good of access, surrounding areas or finished floor level after erection is complete.
All care will be taken when conducting surveys to locate as accurately as possible the location of all existing underground services prior to the commencement of works.  However, no responsibility will be accepted for the damage of any unknown or incorrectly located services.  Where possible, we ask that you provide any drawings or plans for  existing services including; electric, cables, gas pipes, sewers, water, telephone, fibre optics etc.  If any services, i.e. electrical, gas, water running through the site interfere with the proposed foundation layout the re-routing and re-establishing of these are to be undertaken by the customer.
 
RESERVATION OF TITLE
 
All goods remain  the property of National Polytunnels LTD until payment has been made in full.  The Buyer entering into a contract authorises and  agrees the Seller to access of his site to recover goods that have not been fully paid for, by the Seller or his duly appointed agent.
 
PAYMENT
 
Unless otherwise stated in writing by the Seller, payment terms are: 20% deposit with order.  Balance on materials on delivery to site and  construction payment on completion unless alternative terms are agreed between the Seller and the Buyer.
 
We reserve the right to charge interest at 3% monthly on outstanding accounts and to take legal action to recover the debts incurred.
 
VALUE ADDED TAX
 
All prices shown exclude VAT which will be charged at the standard rate on both materials and construction.
 
GUARANTEE
 
All materials supplied  by National Polytunnels LTD are sold with full benefit of suppliers guarantee. N.B. Seller  liability shall not exceed the value of any defective items.
 
FORCE MAJEURE
 
National Polytunnels LTD shall not be held liable for any breach of this contract caused by circumstances out of its control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes (where or not involving its employees), extremely severe weather or acts of local or central Government or other competent authorities.
 
WARRANTY
 
One year’s Warranty on frames and all items from practical date of completion.
 
National Polytunnels LTD cannot be held responsible for damage to structure or cladding by wildlife or acts of vandalism.
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