Strathearn Stabling

Terms

TERMS AND CONDITIONS OF SALE

The terms and conditions are applicable to the supply, delivery and erection of products made by the Seller, here after referred to as Strathearn Stabling, Unit 13 Ladeside Business Park, St Catherines Road, Perth, PH1 5RY. The Buyer shall mean the person(s), firm or company seeking to purchase the goods from the Seller.

ITEM DESCRIPTION

The Seller’s website, brochure and elevated drawings are a guide only and do not form part of the Contract. All goods are supplied subject to reasonable availability to the Seller of suitable materials and labour.

Dimensions of timber are shown as nominal (i.e. before planing). The actual size is shown in the technical specifications and on written order confirmations. Similarly buildings are described in imperial measures for ease of understanding but actual metric sizes supplied will be as per drawings issued with orders and quotations.

Timber is a natural product as whilst we purchase materials of high quality we cannot be held responsible for cracking, warping, shrinkage or similar problems beyond our initial guarantee period of one year. Timber is subject to seasonal movement which include penetration of water vapour at certain times of year.

You accept that any prices quoted on this website are for guidance only and are subject to a full written quotation.

The Seller reserves the right to alter specifications without prior notice provided the goods remain suitable for their original purpose.

In the event of any errors, the Seller will be responsible only if the goods supplied do not conform with the requirements set out in the Order Confirmation.

We reserve the right to cancel an order and to alter the designs and/or specifications without prior notice. Such changes would be made in order to upgrade and improve existing designs. The designs of the buildings Improvements and alterations to the design and specification may be made at any stage by us as a result of our policy of continually upgrading our products.

This website contains material which is owned by us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator are acknowledged on the website. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

For avoidance of doubt all sizes quoted are external sizes.

PAYMENT TERMS

All prices are subject to VAT at the current rate at the date of the Order. Once the Deposit has been paid and the Order acknowledged the price will stay fixed for 2 months. 50% (or any other amount agreed in writing with Strathearn Stabling) of the price set out in the Order is required as a deposit upon placing the Order. The balance is payable on the first day of the delivery.

The deposit is payable within 5 days of receipt of our written order confirmation to you in order to secure the order with the agreed delivery dates. If initial payment is not received in this period then the supply date will be reviewed in line with the prevailing order lead time at the time payment is received.

Other payment terms may be agreed in individual circumstances and will be confirmed in our written order confirmation.

The signed return (by post or electronically) of an order confirmation is taken as your agreeing to our full terms and conditions of sale.

All goods remain the property of the Seller until payment in full is received including any additional charges applicable.

In the event of the balance (or any unpaid invoices issued) of the Purchase Price not being paid immediately upon delivery of the goods in accordance with the Seller shall be entitled without further notice to dismantle and remove the goods. The Customer hereby authorises the Seller to gain access to the Site for the purpose of inspecting, dismantling or removing the goods.

It is the customer’s responsibility to ensure that they or a representative on their behalf, is available to make payment upon completion even in the event the delivery dates are altered by the seller.

If you fail to pay the Price on the date on which payment becomes due we will be entitled (without prejudice to any other right or remedy we may have) to suspend any further Delivery to you under the same or any other Contract until actual payment is made in full.

Interest will be charged on overdue payments at 10% from the date the balance becomes due. Unless the seller receives a valid complaint in writing from the customer, invoices for late payment will be issued every 14 days or part thereof until paid.

Should legal action be incurred to recover monies due to seller, any additional costs including legal costs will be paid by the customer.

Except where payment is made by you at the time of entering into a Contract, you will pay us for the Goods in accordance with any terms we have notified to you before the Contract is made. If we have not provided you with any such notification, the Price will be payable on Delivery.

The Customer must insure all goods delivered to Site and ensure adequate cover by insurance against fire, theft, extreme weather conditions, acts of God or other loss or damage

TITLE OF OWNERSHIP AND RISK

Ownership of and title to the Goods passes to you only when we receive payment in full in cleared funds of the Price together with any VAT, delivery and other charges under the Contract.

Nothing herein shall constitute the Buyer the agent of the Seller for the purposes of sub-sale. Notwithstanding that property in the Goods shall not pass to the Buyer save as provided above, the Goods shall be at the risk of the Buyer when the Goods are delivered or when a Buyer is notified that they are available for collection. Notwithstanding the preceding provisions of this clause, the Seller may at his sole discretion, and at any time by notice in writing to the Buyer, transfer the property in the Goods to him.

The Seller shall not be under any liability for any failure to perform any of its obligations under the Order due to Force Majeure. Following notification by the Seller to the Customer of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.

For the purpose of the Conditions “Force Majeure” means fire, explosion, flood, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour disputes or events or circumstances outside the reasonable control of the Seller.

SITE PREPARATION

All civil works, ground works, brickwork or fixings are entirely the responsibility of the customer and must be prepared to the minimum standards shown in the plans provided or discussed with representatives of Strathearn Stabling. All bases (whether concrete or earth/stone) must be level and civil works / bricklines laid to the required standard. If in our erectors’ opinion it does not meet the standard or is outwith the dimensional tolerances specified, we reserve the right not to erect the building. We will then be entitled to charge for the lost time, travel costs and labour to travel and re-erect the building at a later date. Indicative charges are available on request. If you choose to erect the building yourself, no reduction in the price is allowable. Alternatively, with your agreement, we may erect the building having pointed out clearly the discrepancy but any subsequent problems caused by this shall not be our responsibility.

 

DELIVERY AND ACCESS

The Customer is responsible for ensuring that the Seller has full uninterrupted right of access to the Site and that the site is suitable for the delivery of the order by the delivery date including vehicle access (of minimum 3.5t in weight) within 10 metres. Prices quoted allow for carrying of panels up to a maximum of 30 yards due to the size and weight of the panels and to comply with Health and Safety legislation.

Any site accessed across unmade roads and surface areas can cause delays to the working schedule and therefore completion dates and times.

The seller reserves the right to reschedule the delivery and installation date to the end of the delivery calendar should the customer reschedule the delivery date. Should the customer delay delivery or installation of goods the customer accepts the seller may not be able to attend site on consecutive days to complete installation

Our erection team may request additional labour or machinery to be made available if the access is not suitable for the delivery and installation to be undertaken. The cost of additional labour and any machinery (e.g. tractor and trailer) is payable by the customer.

If access is not clear or the site not level, we will leave the building for you to assemble yourself. If you require us to return and erect the building for you, an extra charge will be levied at a rate of £15.00 per 15 minutes of labour and £50.00 for extra vehicle costs. If you have a problem with your site, or have any doubts about levelling, please let us know well in advance.

Delivery dates are given as accurately as possible. A contract is only agreed upon receipt of your written order and initial payment and a contractural delivery date is only agreed once your baseworks are completed ready for building delivery. However we reserve the right to extend or alter the dates for reasons of strike, breakdown, illness or climate without penalty. If a customer has to delay us for any reason then any previously agreed dates no longer apply. Most waste materials will be left on site in one location for use or disposal by the customer as required as off-cuts cannot be transported safely. We insist that the area be swept before occupation as no responsibility can be taken for injury due to dropped nails, screws and similar.

The seller will not be responsible for any damage caused by the seller’s negligence, to the customer’s land or property whilst gaining access, or in the execution of the delivery of goods supplied.

Delivery of DIY or any other non installed goods will be curb side only.

Should the customer delay delivery or installation of goods the customer accepts the seller may not be able to attend site on consecutive days to complete installation

The seller will not be held liable for any loss of earnings, potential savings, future earnings or costs whatsoever in the event the delivery or installation is delayed.

Risk in the goods shall pass to the Customer upon delivery of the goods.

Additional costs will be incurred by the customer and invoiced accordingly for returning to site and installing buildings / goods. These invoice/s will become due for payment prior to the completion of the installation.

Should only part of the individual contracted goods be delivered due to multiple delivery vehicles being planned to be used over a period of days and the delivery be aborted, then the full balance payment is still due upon completion of the first delivery.

Some products are delivered “ready assembled” and therefore should access not be available for this, the goods will be left at the nearest location to the delivery address for the customer to make alternative

Please ensure that there is someone available to show us where you would like your timber building positioned. If no-one can be available, please provide us with a site plan prior to the delivery date. If we don’t receive a site plan and your site isn’t absolutely evident, we shall leave the building for you to assemble yourself.

ACCEPTANCE

Unless otherwise specified, all items should be signed for on delivery.

The Buyer shall inspect the goods with a representative of Strathearn Stabling on completion, once signed the acceptance the buyer shall be deemed to have accepted the goods.

Economic Loss
Notwithstanding anything contained in these Conditions in no circumstances shall the Seller be liable in contract;

For any loss of profit, business, contracts, revenues or anticipated savings; or
For any special interest or consequential damage of any nature whatsoever.
For any losses incurred or additional expenses due to other services (plumbers / electricians / decorators /builders) being delayed due to and alteration in the delivery date made by the seller.

Storage
If the Seller shall be unable through circumstances beyond its control, to deliver the goods within 14 days after notification to the Customer or its agent that the goods are ready for delivery, the Seller shall be entitled to arrange storage on behalf of the Customer, whereupon delivery shall be deemed to have taken place, all risk in the goods shall pass to the Customer and delivery to the Customer of the relevant warehouse receipt shall be deemed to be delivery of the goods. All charges incurred by the Seller for storage or insurance shall be paid by the Customer within 30 days of submission of an invoice. The Seller reserves the right to sell any stored goods where storage costs are not paid in full.

Damage in Transit
The Seller will replace free of charge any goods proved to the Seller’s satisfaction to have been damaged in transit

PLANNING REGULATIONS

The Customer is responsible for ensuring that all licences, consents, permits, planning consents or other necessary permissions for the erection of the goods contained in the Order have been obtained prior to the Delivery

The customer is responsible for compliance with any building regulations, obtaining inspection and supplying reports to the seller

Where elevation drawings or other general technical data is required, we will charge a fee which is payable against the invoice which will accompany the information.

Please note that certain buildings may be subject to planning permission or building control. Whilst we are happy to provide the Customer with diagrams or build-sizes of the various types of buildings, it is entirely the responsibility of the Customer to look into the planning regulations relevant to his area and to complete the necessary paperwork, if required to do so.

Strathearn Stabling will take no responsibility for the erection of buildings where the correct permissions have not been sought and which may later be subject to a removal order by the relevant planning department. Drawings and revisions are subject to a charge will be applied per instruction. If you require us to act as your Agent in a planning application, the relevant planning fee will be applied, please ask for details.

Where information such as Structural Design Certification is required from Third Parties then the fees for this are payable against invoice and are non refundable.

 

GUARANTEE AND DAMAGE

We guarantee to repair or replace (as we see fit) any component or product manufactured by us which fails to perform as may reasonably be expected, for a period of 1 year from supply, (subject to allowance for wear and tear and appropriate maintenance being carried out). We undertake for a period of 10 years to guarantee the structure against failure due to bad workmanship providing the building has not been amended. moved or rebuilt. All pressure treated components are guaranteed against rot and decay for 15 years. Externally sourced components such as garage doors, windows, Onduline and other roofing systems are covered by their own manufacturers guarantee where applicable.

Where wind or other climate conditions exceed the normal levels expected for the area in any season, we cannot be held responsible for damage caused to the buildings. In addition where the building is not bolted to a concrete base (typically field shelters) then the Company cannot guarantee the integrity of the structure at all. It is your responsibility to take appropriate steps which reflect your local circumstances.

Any damages or shortfall in delivery of any goods or services must be notified verbally immediately with the representative from Strathearn Stabling during the final inspection. Damage must be advised and opportunity be given to inspect the problem before admittance of any animal stock.

The guarantee applies
(i) only to Goods sold by us as new and
(ii) in respect of any failure to comply with the Contract as at the date of Delivery and which is discovered within the warranty period referred to in the next Condition.

Following notification of such problem we will use our reasonable efforts to inspect and/or repair and/or replace the relevant Goods or part within a reasonable time. You must not arrange for a third party to carry out any repairs or work in relation to the particular problem without our consent except to the extent that we fail to carry out our obligations under this Warranty (and where you do so it must be on reasonable terms). If you do so (subject to the exception just mentioned) then we will have no further obligations under this Warranty in respect of the applicable problem.

COMPLAINT PROCEDURE

Any complaints must be notified to the Seller within 7 days of the delivery/completion of the building(s). Complaints must be notified prior to any livestock being admitted. Complaints regarding garages or workshop type buildings must be notified prior to any internal work being carried out. The Seller will not be held responsible for damage caused by extreme weather conditions, fire, theft or acts of God.

The seller reserves the right to rectify any issue raised by the customer in order that the goods conform to the Order Confirmation and Specification. The seller will not credit or reimburse the customer for any works made by a third party without written consent of the seller.

The Customer agrees to respond to the correspondences of the Seller within 7 days of receipt in order to rectify complaints in a timely manner.

The customer agrees to allow the seller access to land and the building to inspect the goods at any time.

Used goods, ex display goods and repairs. Goods that have been pre used at exhibitions are sold under the conditions that they will have some minor defects should they be dismantled and re- erected by the seller.

Should the buildings be sold under the terms that the customer is to dismantle and remove the buildings from the display area, they do so at their own risk and liability.

The Seller does not warranty any works such as re roofing of buildings where the Building was not constructed by the company.

The seller agrees the repair/replacement may not match in colour or previous style so long as the structure if fit for purpose

By placing an Order with Strathearn Stabling the Customer acknowledges receipt and understanding of the Conditions.

CANCELLATION

If the Customer requires to cancel the Order, this must be notified 14 working days prior to the Delivery Date specified in the Conditions whereupon the deposit will be returned in full less any administration charge the Seller shall reasonably charge to cover administrative expenses.

Should specialist materials or machinery have been procured, then these will also be deducted prior to any deposits refunded.

Should the Customer cancel on the day of delivery payment will be due in full.

CONTACTING US

If you have any queries about any of the above, please do not hesitate to telephone us on 01821 642424, in person at Wardhead Farm, Errol, Perth PH2 7SW or by email strathearnstabling@gmail.com

LAW

These terms and conditions are governed and shall be interpreted in accordance with the Law of Scotland.