Forest Drives Limited ("Forest Drives") terms and conditions of sale.
The company means Forest Drives Limited (“Forest Drives”, “we” or "us") of registered office, Trinity House, Foxes Parade, Stewardstone Road, Waltham Abbey, Essex, EN9 1PH.
Telephone : 020 8508 5060 or 020 8508 1164
Email : firstname.lastname@example.org
1. The following Terms and Conditions of Sale shall apply exclusively to all sales. Any deviating agreement or amendments are only valid if approved expressively by us in writing and shall in any case be only valid for the specific order for which they are agreed upon; for the later orders only our Terms and Conditions of Sale shall be valid.
- Seller means Forest Drives.
- Buyer means the individual or organisation that buys or agrees to buy the Goods and Services from the Seller.
- Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
- Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods and Services incorporating these Terms and Conditions of Sale.
- Goods means the products or items that the Buyer agrees to purchase from the Seller.
- Services means the installation service we provide to install the Goods onto the Buyer’s site or any other Services that we may provide from time to time.
- Terms and Conditions of Sale means the terms and conditions set out in this agreement and any special terms and conditions agreed in writing by the Seller.
- Nothing in these Terms and Conditions of Sale shall affect the Buyer’s statutory rights as a Consumer.
- These Terms and Conditions of Sale shall apply to all contracts for the sale of Goods and Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at 3 Ripley View, Loughton, Essex, IG10 2PB.
- Any specific notes on our quotation or acknowledgement of order, when duly authorised, will take precedence over any conflicting statements in these Terms and Conditions of Sale.
- Our quotations do not allow for any retentions being held against Forest Drives.
- Interest may be charged on late payments in accordance with the "Late Payments of Commercial Debts (Interest) Act and amendments". The rate of interest charged will be 5% above the standard Bank of England base rate and will be calculated on a daily basis.
- If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.
- Quotations are provided without commitment and no contract between Forest Drives and the customer shall arise unless and until the Buyer places a written order with Forest Drives and the agreed booking deposit of the entire order has been made in full.
- Costs contained in a quotation are those ruling at the date therefore of guidance only. The contract price shall be the current price agreed at the time of the order placed by the Buyer. Unless otherwise stated, prices do not include VAT, which will be chargeable once invoiced.
- All orders for Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Terms and Conditions of Sale and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or offered an equivalent alternative.
- Our quotations for Goods and Services are for installations that are suitable for domestic or residential use only and are warranted subject to the terms and conditions herein, unless otherwise stated on the quotation.
- Our quotations are valid for 60 ("sixty") days from the date stated on the quotation unless agreed otherwise by us, in writing or stated on the quotation.
5. PRICE AND PAYMENT TERMS
- The price of the Goods and Services shall be that which is stipulated on the relevant quotation. The price is inclusive or exclusive of VAT.
- The total purchase price, including VAT, will be displayed on the quotation.
- After the order is received the Seller shall confirm the details, description and the price for the Goods and Services.
- Our quotations do not allow for any main contractors discount or any retention's being held against us.
- Upon instruction for the work we will require a deposit payment as agreed with the Buyer to confirm your booking. The deposit paid will become non-refundable after 14 ("fourteen") days, unless otherwise agreed by us in writing to the Buyer.
- Your invoice may not exceed £5,000 ("five thousand pounds") before a payment is made without express written permission from us.
- Written permission, if gained will include the acceptance by the customer that the work completed and awaiting payment has been carried out to a satisfactory standard and will not be contested for payment at a later date.
- If a customer is in anyway not satisfied with the work carried out this must be reported to us not more than 7 ("seven") days after Forest Drives completes the work in dispute.
- Installations will be deemed to be of an acceptable standard unless we are otherwise notified by the customer in writing up to 7 ("seven") days after the installation is complete.
- Due dates and dates by which payments must be made will be clearly notified on all invoices.
- Payments on completed works that are not part of an interim payment plan become due on completion of any works carried out.
- In the event that the contract runs for a period greater than 45 ("forty-five") days we reserve the right to require interim payments every 28 ("twenty-eight") days or every £5,000 ("five thousand pounds") which ever is accrued first.
- When applicable, interim payment amounts will be calculated based on the number of square meters that have been installed or by other measures as agreed by us with the Buyer in advance.
- The "Final" date by which payments must be received is 7 ("seven") days after work is completed.
- Should the customer wish to give notice that the amount due is incorrect this must be received in writing, to Forest Drives including detailed reasons not less than 5 ("five") days before the "Final" due date.
- In the event that our payment terms are not adhered to, where applicable we reserve the right to give the customer notice to suspend works due to non payment. The notice period in this case will be not less than 7 ("seven") days.
- Invoices going past the "Final" due date without any form of written notice or permission will incur a 10% ("ten per cent") penalty and interest at 2% ("two per cent") over Lloyds Bank plc base rate will be added for each day that payment is not received.
- Our installations are guaranteed for a period of 5 ("five") years from the completion date of the works.
- All other warranties, conditions, or terms relating to fitness for purpose of the Goods and Services, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
- Only valid if the full guidance from Forest Drives Aftercare and Maintenance instructions are followed.
6.1 WARRANTY EXCLUSIONS AND LIMITATIONS
- Damage caused by point impact or loading such as motorbike stands, stiletto shoes, chair legs and such like.
- Reflective cracking from the base (e.g. concrete, expansion joint movement tarmac/asphalt).
- Frost damage.
- UV degradation.
- Damage caused by movement created by growth of tree roots, wheel tracking, failure of substrate, slippage, heave, deformation or sinkage.
- Misplacement of drainage i.e man hole levels.
- Repairs caused by a third party, inter alia, water company needing access to valves and such like.
- Colour change as a result of dirt retention or spillage/staining.
- Use for any purpose or by any traffic other than that described for the product.
- Damage not immediately reported to us.
- Resin Bound or Bonded surfaces where imprints made from animal indentations or from any other source are not covered under the Warranty. The customer is fully responsible for safeguarding their surface once we have left site. Any requests for repairs will be chargeable.
- Natural Stone surfaces may in places experience a naturally occurring phenomenon called efflorescence, if this occurs it may not be covered by this Warranty.
- Our liability (except in the case of death or personal injury caused by us) under or in connection with this agreement, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sum of works carried out by us for the contract.
- We shall not be liable in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you or any other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
7. LIMITATION OF LIABILITY
- Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions of Sale by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and Services. The Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage.
- Nothing in these Terms and Conditions of Sale shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
- No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
9. FORCE MAJEURE
- The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
- If any term or provision of these Terms and Conditions of Sale is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11. CHANGES TO TERMS AND CONDITIONS OF SALE
- The Seller shall be entitled to alter these Terms and Conditions of Sale at any time but this right shall not affect the existing Terms and Conditions of Sale accepted by the Buyer upon making a purchase.
12. GOVERNING LAW AND JURISDICTION
- These Terms and Conditions of Sale shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the England courts.