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TERMS OF TRADE FOR LAYOUT CONSTRUCTION:  PROFESSIONAL LAYOUT SERVICES/LAYOUT SERVICES/PLS

Nottingham. ENGLAND. Tel: 07988 110722  

http://www.pls-layouts.co.uk - Issue 01/01/2007

1.      Professional Layout Services/Layout Services/PLS/Sherwood Models shall hereafter be known as the Company.

2.      All prices quoted are estimates and valid for three months from the estimate date.  Prices may vary subject to changes in the cost of materials, transportation (where applicable), accommodation (where applicable) and the rate of VAT (Value Added Tax). VAT is included in all estimates at the current rate.

3.      All stated dates, sizes, dimensions, voltages, colours etc. are approximate and supplied in good faith. Natural products i.e. timber,  may vary in size slightly with environmental conditions. Any stated construction, delivery, attendance or completion dates may vary with on going work commitments.

4.      Lifting/removable and or layout sections/baseboards with track terminated at baseboard interfaces including traversers  to allow disassembly , movement or removal may become miss aligned/damaged by changes in climate, location  and/or  transit damage. The Company shall not be responsible for any remedial work caused as a result there of, nor for any remedial work required as a result of dismantling the layout after initial installation and demonstration on the delivery day.

5.      Layouts that are collected by the client or the clients representative, together with layouts that are delivered by the Company where facility is not available at the time of delivery for demonstration or assembly and demonstration are covered on a ‘return to base’ warranty i.e. all components of the layout must be returned to the above address in the unlikely event of failure. The Company shall not be liable for any costs incurred by the client or the clients representative in returning the layout components.

6.      Timber is purchased untreated from our suppliers. If required it is the clients responsibility to request in writing that all timber be treated against infestation and rot. These treatments may produce an odour and may cause irritation. The Company shall not be responsible for  damage, odour or irritation caused by timber treatments.

7.      By nature of the materials used in the manufacture of model railway layouts; sharp edges/points, splinters, saw dust, timber resin, low voltages, adhesives and paints etc. will/may be present on the finished/semi-finished layout. The Company shall not be deemed  responsible for any accident/injury or damage howsoever caused by materials.

8.      It is the clients sole responsibility to ensure that all fixtures and fittings internal and external at the delivery address are either removed or sufficiently protected during delivery and construction of the layout or layout related project. The company shall not be deemed responsible for any damage/breakage’s howsoever caused.

9.      It is the clients responsibility to ensure that all items under construction by the company are sufficiently insured to cover their replacement value on a new for old basis. The company offers no insurance for any item under construction irrespective of its location whilst under construction.

10.   It is the Clients responsibility to ensure means of emergency escape from the room where any layout or project is to be installed.

11.   Under the ‘retention of title’ clause, goods and services will remain the property of the Company  until all  money due has been made by the client and received in full by the Company according to these terms and conditions.

12.   Any advice/suggestions given by the Company to the client is given in good faith and without liability on its part.

13.   Where the Company completes work/services based upon plans, specifications/descriptions or measurements etc. supplied by the client; the Company accepts no responsibility for any resulting error, inaccuracy or omission. The client shall bear all initial manufacturing costs and delivery costs (where applicable), together with all additional costs incurred by the Company for remedial work. This includes matters of access during delivery.

14.   Where the Company completes work/services using materials not supplied by the Company, the Company reserves the right to invoice remedial work/services in addition to the estimate value required to ensure correct operation. If remedial work is not possible to achieve correct operation, the client will be invoiced for any remedial work completed so far. The Company shall not be deemed responsible for any failure resulting from materials not supplied by the Company.

15.   The Company shall not be held responsible for any error, inaccuracy or running/appearance problems caused by out of true/square walls and floors etc.

16.   It is the clients sole responsibility to protect themselves, staff, clients, family or friends from accident/injury by preventing access to the area in which work is in progress. This includes times when the Company’s staff may not be present on site. Any Heath and Safety issues relating to these persons is the sole responsibility of the client.

17.   Once a delivery or collection date for goods and/or services has been arranged and confirmed in writing, the client shall be responsible for any costs incurred by the Company should the client wish to cancel or change the arranged date. The Company shall not be responsible for any client costs should a delivery or collection date need changing by the Company.

18.   Completion of our acceptance form and the forwarding of a deposit constitutes acceptance of our terms of trade, estimate and acceptance form content.

19.   All payments to be made to Sherwood Models by cheque or cash in UK £ Sterling. We regret that credit card payments are not accepted.

20.   All estimates require the full completion of the enclosed acceptance form together with the requested deposit payment. Work will not commence until both are received in full.

21.   Further payments will be required according to the estimate value. For estimates of £1000-00 or less; in addition to the deposit payment one final payment will be requested on completion i.e. at the time of delivery or collection; or on the day work concludes as stated by the Company. The Company offers no credit facilities to the client and therefore requires payment before the goods are despatched/collected, or at the time of delivery or completion as stated. For estimates exceeding £1000-00, the Company shall request interim staged payments in addition to the deposit and final payment as stated above.

22.   Should the client refuse or refrain from making a staged, additional or final payment, the company shall refuse despatch, collection or delivery; or shall remove all materials and services from the premises. The client will then bear all costs incurred by the Company as a consequence of refusing payment described in section 26.

23.   Where the client requests the Company to attend his/her premises on a consultation basis, or to carry out work with an estimated value of  less than £500-00, the Company shall request payment in full prior to visiting the client. The cost of any such visit shall be based upon those detailed in section 22.

24.   Service visits (to layouts or work previously completed after the expiry of the guarantee stated below) are charged at £47.00 inclusive of VAT for the first two hours on site and thereafter at £15.00 per hour plus VAT. A travelling cost of £0.50 per mile will be levied in accordance with section 23. The basic rate plus travelling allowance MUST be paid in advance with any balance invoiced for payment by return. Please contact us for a calculation of cost for your visit.

25.   Where the client requests the Company to attend his/her premises to view potential work and provide an estimate, the client must pay in advance a visit fee of £47-00 inclusive of VAT (for a maximum of two hours on site); together with travelling expenses of £0-50 per mile as calculated over the return journey by computer. The computer mileage is final and negotiations will not be entered into. Accommodation costs if applicable will be discussed , agreed and invoiced in advance.

26.   Once a deposit payment has been received , work cannot be cancelled for any reason unless agreed upon by the Company in writing. All costs must be met by the client to the point where work halted.

27.   Once a deposit payment has been received, alteration requests must be received in writing. The Company shall then consider any requested alteration and decide if the alteration is possible depending  upon the level of work completed; and to further decide whether an additional payment is required. Should an additional payment be required, work will halt until this payment is received in full. If payment is not received within five working days in full, the client shall pay the Company all storage, administration and additional costs described in section 26. Acceptance by the Company of any agreed alteration will be confirmed in writing.

28.   Where a client fails to make a final, staged or additional payment within the specified time as agreed in writing, the client shall pay all storage costs (including transportation) incurred by the Company, together with an administration fee of £100-00 plus VAT and any additional expenses incurred by the Company. All outstanding amounts will be charged interest at NatWest base rate plus 5% until payment is received in full. The client shall bear all the costs incurred by the Company in collecting all outstanding debt.

29.   The Company shall guarantee all workmanship (i.e. labour) for a period of six months from the date of the final or sole payment request. This guarantee is void where any workmanship is damaged or made defective as a result of any standard insurance exclusions together with the following specific exclusions:

·       Damage caused by environmental conditions where the location of a layout or any other project involving the Company has suffered damage or made defective as a result of the ingress of damp, moisture, water, sunlight or any other environmental or climatic condition.

·       Damage caused by tampering with, or alterations to workmanship completed by the Company.

·       Damage caused by materials or products, or consequential damage caused by materials or products not supplied by the Company.

·       Damage caused consequential to any structural damage to the housing structure.

·       Where specific advice has been given verbally or in writing that a particular material, method of construction or requirement of the client is unsuitable.

·       Performance problems caused by any of the above together with relocating or moving the layout.

·       Warranty of workmanship and materials is not transferable to a new owner, or to an address that differs from that listed on our estimate.

30.    Manufacturers, importers and distributors restrict their guarantee to the replacement value of goods supplied at cost on a direct replacement basis. They indemnify themselves against any consequential and/or third party loss howsoever caused. The Company is therefore unable to extend this guarantee on materials supplied and/or installed by the Company. Where material failure occurs within the manufacturers guarantee period, the Company shall not be deemed responsible for its failure, or for any consequential or third party loss incurred by the client. If the client requests the Company to supply and replace materials under guarantee; the Company shall arrange for the replacement materials to be obtained (subject to inspection of the faulty item/s) in accordance with the manufacturer/importer/distributors conditions. The Company shall issue an invoice in advance to cover all attendance costs as described in section 22.

31.   Materials or services not supplied by the Company are not covered by the Company guarantee.

32.   General layout maintenance e.g. track cleaning and lubrication of solenoid based turnout motors is not covered by the Company guarantee.

33.   If any part of these terms/conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of these terms/conditions.

34.   These terms of trade shall be governed by English Law and any dispute shall be submitted to the jurisdiction of the English Courts. E&OE.

PLEASE NOTE: If you are unsure or do not understand these terms of trade, please contact your legal advisor before signing our acceptance form.

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