Terms & Conditions of sale

Udated: September 2012

These Terms & Conditions relate to the contract of the sale of the products or services (which is under the value of £15,000) from The Benfield ATT Group and its subsidiaries and affiliates, including but not exhaustive; The Beamlock Building Company, TimberTecs, The Home & Garden Centre, Simply Self Build, and Fast Frame Systems UK Ltd.

Registered Office Benfield ATT Group, 5 - 6 Castle Way, Severnbridge Industrial Estate, Caldicot, Monmouthshire NP26 5YG.

When we accept your order, you are entering into a legally binding contract the terms of which are detailed below. Any variations of the agreed terms are only applicable if details are provided on, or as an annex to, the individual contract and signed by a Director of the Benfield ATT Group or the subsidiary company.

Definitions

You, Your, Buyer - refers to the person who buys or agrees to buy the goods from the Seller.

We, Us, Our, Seller, Benfield ATT - refers to Benfield ATT Group, and its associated companies, as the provider of the goods or services

Conditions - means the terms and conditions of sale as set out in this document, the order and any special terms and conditions agreed in writing by the Seller.

Goods - the articles or services which the Buyer has specified and agrees to buy from the Seller.

Conditions 

These Conditions form the whole of the contract between you and Benfield ATT Group Company  in relation to the sale of Goods to the exclusion of all other terms and conditions, including your standard conditions of purchase or any other conditions which you may purport to apply under any purchase order, or confirmation of order, or any other document.All orders for Goods are deemed as conclusive evidence of your acceptance of these Conditions which can only be varied by the written agreement of two of our Directors.

Supply Only 

For supply-only requests (i.e. where we are not engaged to install or fix the product supplied, or where you have not requested a Technical Support Package); by entering this contract, you acknowledge that this is a supply of kit to your specification only, and as such includes manufactures instructions only.If further advice or instruction is required we are able to offer this at the rate of £75 per hour, however giving this advice is completely at our discretion and the consequences of accepting this advice is your responsibility.

Cancellations

 Should you wish to cancel your order for any reason, this must be done in writing no later than 3 days after our confirmation of acceptance of order. However, you will remain responsible for all costs incurred up until we receive your written cancellation, e.g. for preliminary design and engineering work. All costs must be validated by a Director of the Benfield ATT Group. Orders which include special requirements or are manufactured to your specification cannot be cancelled.

Mistakes in bills, receipts or payments

 Any mistakes in bills, receipts or payments will be rectified as soon as possible, and at latest within 30 days of agreeing to do so.

Specifications and Dimensions

 All Specifications and Dimensions used for promotional purposes are approximate, based on external wall sizes. Always make allowance for any roof overhang when buildings have to go into confined spaces. Please remember that timber is a natural product subject to variance, movement and colour changes. We reserve the right to substitute materials and design details with others which we consider fit for purpose. All alterations to standard goods will be charged extra.

Variations 

Extra works, variations, or unsocial hours working ordered by, or occasioned by you will be charged at our prevailing day-work rates with 25% added to materials costs.

Refunds

 If such situation arises; a refund will be made as soon possible and at the latest, within 30 days of agreeing to give the refund.

Measurements & Approvals

 You must ensure that all site and other measurements are accurate and that the goods ordered by you comply with all planning, building regulation and other obligations to which you, your site, or use of the goods applies. (NB: architectural, structural, engineering, surveying, planning and other services to assist you with your applications can be supplied under separate contract if required)

Title & Risk 

All goods remain the property of Benfield ATT Group until payment is received in full. The risk in all goods supplied by us passes to you on delivery even though they remain our property until paid for in full. If you insure yourself against this risk, you should inform your insurers of our interest.

Delivery, Time & Costs

 You are responsible for ensuring that the delivery matches your order.Discrepancies must be highlighted within two days of delivery; after this period we will assume that you have accepted the product/service as correct.You must ensure that deliveries can be made by articulated vehicles on hard-standing surfaces, with off-loading to kerbside. Although lead times vary according to season, we always endeavour to deliver within the time specified. If this is not possible, you will be informed and another date and time for delivery agreed. If this is not possible, we will take the initiative, arrange another delivery time and date, and inform you in writing at least three days before delivery. Unless otherwise stated, prices are inclusive of delivery in mainland England, Wales and some parts of Scotland. However, we reserve the right to levy additional costs for items ordered when supplied separately, unless otherwise stated. We reserve the right to charge for deliveries outside mainland England and Wales, or for accompanying products which compliment a full order. Where delivery and erection dates are given, they are without liability and time is not the essence of any contract.

Unloading, Storage, Security, Plant & Equipment, Scaffolding

 You are responsible for unloading, safe storage, and security of the goods. You are also responsible for providing and operating any plant & equipment required for this, or subsequent works, including scaffolding, fork lift and any other equipment which must be executed and certified to us by an approved scaffolder / operator.

Damage/Faults & Shortage

 All goods delivered must be examined and any damage or shortage reported to us before signing and accepting each delivery. You are responsible for security and protection of the goods, and if shortages, discrepancies or faults are found on receipt or during installation (if applicable), you must stop work and inform us in writing within 24 hours to enable us to investigate and, if appropriate, address the issue. Continuation of work will be deemed acceptance and absolve us of any potential responsibility.

Guarantee

  • The materials supplied by ‘The Company’ are guaranteed for a period of 1 year from date of delivery against manufacturing faults.
  • Any materials which are accepted by 'The Company' as faulty and covered by the guarantee will be replaced or repaired at the discretion of 'The Company'. Any making good or redecoration following replacement or repair under guarantee will be the responsibility of 'The Customer'.
  • The materials used are natural materials and as such may display certain characteristics which are normal and expected. Because of the nature of wood 'The Company' can not accept any responsibility for timber shrinkage, cracking, warping, natural timber defects or tannin stains. Any timbers displaying any of these natural characteristics will not be accepted as faulty or damaged.
  • In time, the timber will weather to a silvery grey colour and any joinery, hinges or weatherboard will need ongoing maintenance and decoration to keep them all in good working order and condition.

Site Works + Health, Safety & Welfare

 By signing this order you warrant that no contaminants or other hazards are present on site, that you are aware of all Health, Safety & Welfare regulations affecting the site and works, and indemnify us against all subsequent related actions. If you engage us to do any works on site, you must ensure that we have free, unrestricted access, make any arrangements required with the police, neighbours or authorities, issue any public notices required, and provide electricity, hot and cold water, canteen and toilet facilities, and fire fighting provisions. You must also ensure that no unauthorised people enter the site, remove to a place of safekeeping all of your goods, chattels, equipment, etc. before we commence work and hold us harmless for any damage, injury, or cost resulting from non observance of these requirements.

On Line Prices

On Line Prices are heavily discounted to reflect the nature of on-line trading.
    - Prices for standard goods are non-negotiable.
    - Prices for customised and individually bespoke goods may vary according to the materials and design style specified.
However, these also pass on the benefits of lower administration, service, accounting, banking, finance, on-line trading terms, etc. costs to customers.

Payment & VAT

Payment is required as follows:

  • Under £15,000 FULL payment is required with order
  • Over £15,000, 50% is required with order, followed by the remaining 50% 7 days prior to delivery.

Payments must be made in GBP (pound sterling) by cash, bank to bank transfer, credit card, or cleared cheque. VAT is applicable at United Kingdom rates. If you are within the European Union you must supply a valid VAT or equivalent taxation number and pay this at your own country rates. If you are outside the EU, you are responsible for your local import tariffs, duties and other taxes. If payment terms are varied, interest on overdue invoices shall accrue from the date when payment became due, calculated on a daily basis until the date of payment at the rate of 0.1% per day. Such interest shall accrue after as well as before any judgement. If payment is not made in accordance with agreed terms we will exercise our statutory right to claim interest and compensation for debt recovery costs under UK late payment legislation.

Contract payments 

If the contract sum is to be paid in installments, this must be detailed at commencement of works with an initial payment corresponding to at least the value of work already completed. If you fail to make these payments within 2 days of invoice, we shall be entitled to cease work without notice and you will remain liable for all outstanding, recommencement, and related costs plus loss of profits that we may suffer. If the proposed works do not finish on the agreed date and the delay is entirely due to the actions and/or omissions of you, your agents, or tenants, you indemnify us against any loss suffered as a result of the delay.

Complaints

 Copies of our formal Complaints Procedure are available on request. Complaints must be submitted in accordance with this, acknowledged within 48 hours, and dealt with in accordance with manufacturers guidelines in a fair and confidential manner. You will be kept fully informed during the process of resolving the issue by phone and/or email. If replacement goods are required in order to rectify any default or deficiency, we will endeavour to do this within 30 working days.

Data Protection

 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). The type of information we will collect about you includes your name, address, phone number, email address, and product marketing details. Our Data Manager is responsible for the up keep of this information and any information we hold we hold will be accurate and up to date. You can check the information that we hold about you by emailing us info@benfieldattgroup.co.uk. We will never collect sensitive information about you without your explicit consent. If you notify us of any inaccuracies we will delete or correct them promptly. We will not transfer personal information about you outside the European Economic Area without Prior consent.

Breach of these terms

 In the event of you being in breach of any of these conditions, we will be entitled to refuse to supply you with any further goods, or suspend delivery until all breaches have been remedied.

Law 

None the above affects your statutory consumer rights. English Law shall govern these terms and conditions.