TERMS
OF TRADE FOR LAYOUT CONSTRUCTION: SHERWOOD
MODELS/PROFESSIONAL LAYOUT SERVICES/LAYOUT SERVICES/PLS
http://www.pls-layouts.co.uk
- Issue 01/09/2010
TERMS
OF TRADE FOR LAYOUT CONSTRUCTION: SHERWOOD
MODELS/PROFESSIONAL LAYOUT SERVICES/LAYOUT SERVICES/PLS
Sherwood
Models,
831 Mansfield Road,
Nottingham. NG5 3GF. Tel: (0115) 9266290 http://www.sherwoodmodels.co.uk
- Issue 01/09/2010
1.
Sherwood
Models/Professional Layout Services/Layout Services/PLS 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.
The
Company shall not be deemed responsible for consequential damage caused when
working on a finished/ part finished layout or control panel at the request of
the client. Should the requested work result in unavoidable damage to the layout
or control panel it is the clients responsibility to put this right. The Company
may be able to complete this work at an additional cost to be agreed and paid at
the time of such work being completed.
17.
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.
18.
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.
19.
Completion
of our acceptance form and the forwarding of a deposit constitutes acceptance of
our terms of trade, estimate and acceptance form content.
20.
All
payments to be made to Sherwood Models by cheque or cash in
UK
£
Sterling
. We regret that credit card payments are not accepted.
21.
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.
22.
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.
23.
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.
24.
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.
25.
Service
visits (to layouts or work previously completed after the expiry of the
guarantee stated below) are charged at £75.00 inclusive of VAT for the first
two hours on site and thereafter at £25.00 per hour inclusive of 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.
26.
Where the
client requests the Company to attend his/her premises to offer consultation or view potential work
and provide an estimate, the client must pay in advance a minimum visit fee of
£75-00
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.
Most consultation visits are charged at a fixed day price of £150-00 per visit
plus the cost of a standard return rail ticket providing the visit can be
completed within 12 hours including travelling time.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
Materials
or services not supplied by the Company are not covered by the Company
guarantee.
33.
General
layout maintenance e.g. track cleaning and lubrication of solenoid based turnout
motors is not covered by the Company guarantee.
34.
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.
35.
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.
PREVIOUS
TERMS FOR CLIENTS ACCEPTING TERMS BEFORE 1st SEPTEMBER 2010
THIS
DATE RELATES TO THE RECEIPT OF A SIGNED ACCEPTANCE FORM AGREEING TO TERMS ISSUE
01/10/2009.
CHANGES
TO TERMS ABOVE:
New prices in
sections 25 & and additions to section 26 including new prices.
http://www.pls-layouts.co.uk
- Issue 01/10/2009
1.
Sherwood
Models/Professional Layout Services/Layout Services/PLS 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.
The
Company shall not be deemed responsible for consequential damage caused when
working on a finished/ part finished layout or control panel at the request of
the client. Should the requested work result in unavoidable damage to the layout
or control panel it is the clients responsibility to put this right. The Company
may be able to complete this work at an additional cost to be agreed and paid at
the time of such work being completed.
17.
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.
18.
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.
19.
Completion
of our acceptance form and the forwarding of a deposit constitutes acceptance of
our terms of trade, estimate and acceptance form content.
20.
All
payments to be made to Sherwood Models by cheque or cash in
UK
£
Sterling
. We regret that credit card payments are not accepted.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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.
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
Materials
or services not supplied by the Company are not covered by the Company
guarantee.
33.
General
layout maintenance e.g. track cleaning and lubrication of solenoid based turnout
motors is not covered by the Company guarantee.
34.
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.
35.
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.
PREVIOUS
TERMS FOR CLIENTS ACCEPTING TERMS BEFORE 1st OCTOBER 2009
THIS
DATE RELATES TO THE RECEIPT OF A SIGNED ACCEPTANCE FORM AGREEING TO TERMS ISSUE
30/12/2008.
CHANGES
TO TERMS ABOVE:
New section 16
inserted in terms issue 01/10/2009.
http://www.pls-layouts.co.uk
- Issue 30/12/2008
1.
Professional Layout Services/Layout Services/PLS
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 24/25. A standard day is based around six site hours.
24.
Service visits (to
layouts or work previously completed after the expiry of the guarantee stated
below) are charged at £75.00 inclusive of VAT for the first two hours on site
and thereafter at £25.00 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.
A standard day is based around six site hours.
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 £75-00
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 28. 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 24/25.
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.
