These terms and conditions of sale have been written using plain English. Please read them carefully as they will form the basis of any contract between Boss Stairs and you, the Customer. If any part of these terms and conditions of sale is not clearly understood then you should either ask for clarification from the Company or seek independent legal advice.
The “Company" means Boss Stairs Limited, 1 Chancel Road, Thurcaston Park, Leicester LE4 2WF United Kingdom. email: firstname.lastname@example.org Phone: 0116 2355330.
The “Customer" means any person, company or third party as detailed in the Contract. The Customer’s address and contact details are as detailed in the Contract.
The “Goods" means any goods or services, which are the subject of the Contract.
The “Contract" means a legally binding agreement whereby the Customer agrees to purchase Goods from The Company as detailed on the Company’s invoice.
The “Order" means a purchase order, either verbal or written, given by the Customer to the Company to Contract for the Goods under these Terms & Conditions of sale.
The “Carrier” means any third party transport nominated by the Company to deliver the Goods to the Customer.
Acceptance of Order: The Order will be accepted as a Contract at the discretion of the Company and subject solely to these Terms & Conditions of Sale, which supersede and prevail over all other terms or conditions contained in, or referred to, in the Order or in any other correspondence or documents from the Customer unless agreed in specific Notice by the Company.
Quotations: The Company’s quotations are valid for 60 days, subject to continued availability of the specific products in the marketplace. A quotation does not constitute an offer to Contract and the Company reserves the right to withdraw a quotation at any time. Where quotations are based on information provided by the Customer, such quotations are subject to the accuracy of that information supplied. Pre-
Terms of Payment: The terms of payment for the Contract are 50% deposit with Order and the balance payable and funds cleared prior to delivery. In the event that the Company agrees credit terms with the Customer and those terms are exceeded for any reason then the Company reserves the right to enter upon the Customers premises, or any premises where the Goods are believed to be located, to recover the Goods or any other goods supplied by the Company to the value of the Contract. Were the Customer is a Contractor or subcontractor, engaged by the end user of the Goods, and fails to make payment, the Company shall be entitled to seek payment in full from the end user. It is the Customer responsibility to notify the end user client of the Company’s full Terms and Conditions and to make specific reference to the terms of payment.
Subcontractors: The Company reserves the right to sub-
Title/Risk: Title in the Goods will pass to the Customer when the Company receives full payment for the Contract, and that payment has entered the Company’s bank account as cleared funds. Risk in the Goods will pass to the Customer immediately on collection of the Goods by the Customer or their servant from the Company’s premises or upon Delivery to the Customer by the Carrier. Until Title in the Goods has passed to the Customer the Company shall have the right to enter upon the Customer’s premises or any other site or premises to recover the Goods.
Drawing, Sizes & Measurements: All drawings supplied by the Company are the copyright of BOSS Stairs and cannot be reproduced or transmitted in any format whatsoever without prior Notice from the Company. All measurements shown on pre-
Building Regulations & Compliance: The Company will use its best endeavours to ensure all staircase Goods are manufactured to comply fully with current UK building regulations. However, it is the Customer’s responsibility to check the suitability of the Goods with their building inspector prior to placing any order with the Company. The Company accepts no responsibility whatsoever for third party designs. Should the Customer Order a design that falls outside of the relevant regulations or has chosen not to accept the Company’s recommendations then the Company will not be liable for any resulting consequences.
Site Surveys: At the Company’s discretion, and on the condition that all necessary measurements can be taken, a free site survey is offered to all Customers Ordering staircase Goods from the Company for installation within the UK., excluding Northern Ireland. Should the Order be cancelled or fail to be placed within 4 weeks of the date of the survey for whatever reason then the Customer will become liable for the full cost of the survey at £250 + VAT plus all travelling expenses incurred by the Company in the process of conducting the survey. Travel will be charged at the rate of £0.50 per mile from the Company’s offices to site and back plus accommodation if required. All survey costs will be invoiced to the Customer and this invoice will be due for payment within 7 days. Site surveys outside of the UK will be chargeable in full at the rate of £300 per day plus travel, plus accommodation if required.
Samples/Colour/Appearance : The Company’s samples, photographs and images are representative of type only and no guarantee or warranty is offered or implied as to the precise colour, pattern and/or appearance. Some timber Goods may contain sapwood which is acceptable unless expressly excluded in the Contract. Where a specific colour is requested the Company will endeavour to achieve as close to a match as possible but the Customer should be aware that slight colour variations are sometimes inevitable. Timber Goods are natural products and as such variations in colour and appearance are the norm. Some timbers may exhibit sound knots and/or natural marks which are acceptable. The Customer should note that all timber Goods will undergo significant colour changes when a finish is applied and the Customer’s choice of finishing product will determine the outcome.
Delivery Dates: The Company will use its best endeavours to deliver the Goods on time. However, delivery dates, where specified by the Company, are best estimates only and are of no contractual significance. In the event of any delay, the Company will contact the Customer and agree an alternative delivery date. In the event of any delay the Company will not accept cancellation of the Contract nor pay any penalty to the Customer or any other third parties. Should the Customer be unable to accept delivery of the Goods on the agreed date for whatever reason, any outstanding balance must be paid into the Company’s bank account in cleared funds on or by the agreed delivery date. Thereafter, the Company will store the Goods free of charge for a period of 2 weeks, after which the Company reserves the right to make a charge for storage and insurance of the Goods at the rate of £100 per flight, per week or part thereof. No Goods will be allowed out of storage until all storage charges have been paid by cleared funds into the Company’s bank account.
Delivery Restrictions: Many small streets have weight, height and / or delivery time restrictions that may require the dispatch of a special delivery vehicle. It is the Customer’s responsibility to inform the Company prior to delivery if any such restrictions apply. The Customer will be held responsible for all delivery costs if the delivery address is inaccessible due to restrictions that have not been made known to the Company. The Customer hereby agrees to pay the Company for any penalties that are incurred by the Carrier due to: street blockage by delivery vehicle; unloading taking longer than allowed by authorities; parking violations of any kind that occur while the vehicle is unloading at the Customers location.
Installation of Goods: The Company accepts no liability for any issues relating to the installation of the staircase Goods unless the Customer Contracts with the Company direct for installation services. Under no circumstances will the Company be responsible for any remedial building, plastering or decorating works. Unless otherwise stated, quotations for the Installation of staircase Goods do not include for the removal of any existing staircase(s), finishing or painting to any new timber, trimming of staircase well openings or soffits to undersides thereof. Quotations for installation of staircase Goods assumes fitting to a pre-
Supply Only Goods: Supply only staircases will have been assembled as far as possible and winder boxes where applicable will have been dry assembled. Loose risers will require further trimming. Unless stated on our quotation we do not include for any landing materials. Rake handrails will be cut to length but will require further trimming into the newel posts. Spindles will require cutting to length and infill spacers may require further trimming to obtain equal spacing between newel posts. Landing balustrade components will be left long for site fitting and any mitres are to be cut & formed on site. The Company does not supply any screws, glue or tools.
Timber Goods: Timber Goods are natural products and as such, when exposed to changes in temperature or humidity, may be subject to expansion or contraction which can occasionally cause movement, gapping or cracking. This is perfectly normal and the Company will not be liable for any such movements, nor for any damage or movements caused by subsidence on site or by exposure to excessive heat, cold, damp, humidity or flooding, either in situ or in storage.
Glass Goods: Customers should take note that Toughened Glass does not have the same optical clarity as that of the glass from which it is produced. In line with The Glass & Glazing Federation’s guidelines, Toughened safety glass shall be deemed acceptable if the following phenomena are neither obtrusive nor bunched: hairlines or blobs; fine scratches not more than 25mm long; minute imbedded particles. Obtrusiveness of blemishes shall be judged by looking through the glass, not at it, when standing at right angles to it on the room side at a distance of not less than 3 metres in natural daylight and not in direct sunlight.
Complaints: All complaints must be sent in writing to the Company. On receipt of any such complaint the Company will contact the Customer to arrange for the Goods to be examined. If, in the Company’s opinion, the Goods are defective, then the Company must be allowed time to rectify the defect without penalty. Where the Customer is carrying out their own installation works, it is the Customers sole responsibility to inspect the Goods on delivery and prior to the commencement of any installation work as no complaint will be considered, and no right of refund or return will exist once the Goods have been installed or used or altered in any way whatsoever. If on examination the Customer considers the Goods, or any part of the Goods, to be defective, then the Customer must sign the Carriers delivery note as ‘defective’ and give a description of any issues. No claims will be considered for defective Goods, damaged Goods or short delivery of Goods once the Carrier has left the Customer’s delivery address unless the delivery documentation has been duly signed for as, ‘defective’, ‘damaged’ or ‘short’. The Company’s decision in all such matters shall be final. All bespoke staircase Goods are made to measure and as such no right of return or credit will exist under The Sale of Goods Act. In all matters the Company’s decision will be final.
Cancellation: Cancellation of the Contract must be made in Notice to the Company were upon receipt of such the Customer will become immediately liable for all the costs of any work undertaken, materials procured and any other reasonable costs or expenses incurred by the Company in fulfilling the Contract up to the date of cancellation.
Notice: Any notices must be in writing and sent to the contact address, as detailed in the Contract, by email or by recorded post. No other notice shall be of any contractual value. Where possible it should be considered good practice to give prior notice by telephone. However, such prior notice will not be of any contractual value. For the purpose of the Contract, Notice will have been served within 24 hours of the sending of an email or recorded post on any working day.
Indemnity & Liability: The Company will not be liable for any losses that were actually unforeseeable to the parties when the Contact was formed, for losses not caused by the Company’s breach of the Contract or for any business losses. In any event the Company’s liability will be limited to the total value of the Contract. The Customer shall indemnify the Company in respect of all loss, damage or injury occurring to any person, firm, company, sub-
Jurisdiction: These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. If any one or more of the provisions of these terms and conditions are adjudged by any Court to be unfair then only that provision(s) will be unenforceable and the remaining provisions will continue in full force and effect.
© Boss Stairs 2016