Terms and Conditions
British Hardwoods Terms and Conditions. British Hardwoods is a trading division of Broadsword Timber Ltd.
DEFINITIONS
“Customer” means the person or company from whom an order is accepted by the trader.
“Trader” refers to Broadsword Timber Ltd trading as British Hardwoods.
“Company” refers to Broadsword Timber Ltd trading as British Hardwoods.
“Goods” means the articles or products supplied by British Hardwoods to the customer.
“Standard Products” means the articles or products manufactured by British Hardwoods and supplied to the customer as described on the British Hardwoods’ website and printed literature.
“Customised Products” means bespoke articles or products manufactured by British Hardwoods which have been tailor-made or customised to the customer’s own specification.
“Order” means the order placed by the customer for the supply of the goods.
CONDITIONS APPLICABLE
By placing an order with British Hardwoods, the customer agrees to be bound by these terms.
British Hardwoods shall sell and the customer shall purchase the goods in accordance with any written, electronic or verbal order of the customer which is accepted by British Hardwoods subject in any case to these conditions which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted or any such order is made or is purported to be made by the customer.
Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by British Hardwoods, acting by its Managing Director or some other person authorised in writing by the Managing Director.
Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by British Hardwoods shall be subject to correction without any liability on the part of British Hardwoods.
If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. The customer’s statutory rights are not affected.
ORDER QUANTITIES
British Hardwoods supplies timber to the nearest available stock length and stock lengths vary. Due to constant stock rotation it is not usually possible to confirm lengths of stock at the time of placement of the order.
PRICING
All prices are in Great British Pounds Sterling. Although British Hardwoods makes every effort to ensure that published prices and quotes are accurate, British Hardwoods reserves the right to refuse the sale of mis-priced or mis-quoted goods. All goods are subject to delivery charges, where applicable, and VAT at the standard rate. These may not always be included in any quotation provided by British Hardwoods.
OFFER AND ACCEPTANCE
A binding contract is formed between the customer and British Hardwoods when the customer receives an order confirmation by e-mail, telephone, or other agreed method.
SUPPLY OF GOODS
The customer is solely responsible for ensuring that the goods are suitable and fit for the purpose intended by the customer. British Hardwoods reserves the right to refuse the supply of goods at its discretion.
PAYMENT TERMS
Payment is due at the time of placement of the order.
In exceptional circumstances British Hardwoods may at its own discretion accept a partial deposit payment at the time of placement of order. Any discretionary deposit payment should be agreed in advance with British Hardwoods. In all instances, the balance payment becomes due for payment when British Hardwoods notifies the customer that the order is ready.
British Hardwoods accepts online payment with all major credit and debit cards (excluding American Express), Secure Trading (Trust Payments) and PayPal. No charge is made by British Hardwoods to the customer for credit or debit card payments.
The customer can choose to pay by bank transfer (also known as BACS transfer). British Hardwoods will supply bank details to the customer for this purpose. The order will be processed after the payment via bank transfer has been received.
PAYMENT METHODS
Payment is accepted in the following forms:
- Cash paid in person at the time of placement of the order;
- Credit or debit card (not American Express);
- Secure Trading (Trust Payments) online payment;
- PayPal online payment;
- Bank transfer (BACS)
Payment will only be deemed to have been made upon clearance of funds in British Hardwoods’ bank account.
AVAILABILITY
All goods are offered subject to availability. Where goods are found to be unavailable or discontinued British Hardwoods will offer a similar substitute if available, subject to the customer’s agreement.
Lead times displayed on British Hardwoods’ website or conveyed via email or in person, should be viewed as an approximate guide and not as a confirmed schedule. Where the customer orders goods with different lead times the goods will arrive together and the longest lead time will usually apply.
British Hardwoods reserves the right make changes in the specification of the goods if necessary, whilst ensuring that this does not materially affect their quality or performance. If a suitable substitute is not available, the transaction for that item will be void and any payment will be refunded.
In the event of any product being unavailable, British Hardwoods shall be relieved of any liability in connection with all such contracts or orders. In no case shall British Hardwoods be bound to obtain or deliver goods from any other sources than those contemplated in the order. British Hardwoods will not be held responsible for any costs incurred due to items being delayed or unavailable.
DELIVERY
British Hardwoods uses numerous ways of delivering the goods. This includes the use of the company’s own vehicle/s and the use of independent couriers. British Hardwoods reserves the right to change the delivery method from that stated at the time of placement of order.
Delivery by BHW Van and Premium Delivery:
Deliveries will usually be made Monday-Friday between the hours of 8.00am and 5.00pm. British Hardwoods reserves the right to deliver outside of these timescales if deemed necessary. The delivery day will usually be arranged between British Hardwoods and the customer when the order is complete. Any approximate delivery time provided by British Hardwoods to the customer is for guidance only and British Hardwoods shall not be responsible for any costs incurred by the customer in the event of late delivery.
It is the customer’s responsibility to advise British Hardwoods of any restrictions regarding access to the delivery address. The customer will bear the costs of any re-delivery charges incurred due to not informing British Hardwoods of access restrictions to the delivery address point. Should the customer be unavailable to accept the goods at the time of delivery, on a day that has been agreed beforehand with the customer, then the customer shall bear the cost of any re-delivery charge. The customer will be required to pay for the re-delivery charge prior to the scheduling of an alternative delivery day.
The delivery vehicles used by British Hardwoods do not have cranes, forklifts, or other lifting equipment. It is the customer’s responsibility to provide offloading equipment or sufficient manpower to facilitate offloading of heavy single items such as oak beams.
Courier Delivery:
Deliveries will usually be made Monday-Friday between the hours of 8:00am and 6:30pm but this may vary. British Hardwoods is usually unable to give an estimated delivery time as all deliveries are scheduled by the courier. British Hardwoods will usually advise the customer of the despatch of the order and the customer’s contact details will be passed to the courier on despatch. Updates regarding estimated delivery dates and times are the responsibility of the courier and not British Hardwoods. Any delivery date or delivery time provided by the courier is for guidance only and British Hardwoods shall not be responsible for any costs incurred by the customer in the event of late delivery.
Pallet Track (kerbside delivery):
Deliveries will usually be made Monday-Friday between the hours of 8:00am and 6:30pm but this may vary. The delivery day will be arranged between British Hardwoods and the customer when the order is complete. British Hardwoods will usually advise the customer of the despatch of the order and the customer’s contact details will be passed to the courier on despatch. Updates regarding estimated delivery dates and times are the responsibility of the courier and not British Hardwoods. Any delivery date or delivery time provided by the courier is for guidance only and British Hardwoods shall not be responsible for any costs incurred by the customer in the event of late delivery.
Pallet Track deliveries will be delivered to the kerbside at the nearest access point to the delivery address and British Hardwoods or its independent couriers will not be responsible for further movement of the goods. It is the customer’s responsibility to ensure that there is sufficient labour on site at the time of delivery to facilitate the offloading process and movement of goods into the property. It is the customer’s responsibility to advise British Hardwoods of any restrictions regarding access to the delivery address. The customer will bear the costs of any re-delivery charges incurred due to not informing British Hardwoods of access restrictions to the delivery address point. Should the customer be unavailable to accept the goods at the time of delivery, on a day that has been agreed beforehand with the customer, then the customer shall bear the cost of any re-delivery charge. The customer will be required to pay for the re-delivery charge prior to the scheduling of an alternative delivery day.
The delivery vehicles used by the courier do not have cranes or forklifts. It is the customer’s responsibility to provide offloading equipment or sufficient manpower to facilitate offloading of heavy single items such as oak beams.
British Hardwoods offers free delivery on some of its products. Free delivery offers are only available for deliveries within mainland GB and can also exclude some areas of Scotland.
GOODS DAMAGED OR FAULTY ON DELIVERY
The customer must examine all goods on delivery in case any damage has occurred in transit. The driver should be notified immediately of any problems, and the delivery note should be signed accordingly noting any damage or missing items. If, in exceptional circumstances, the customer is unable to fully check the goods at the time of delivery, British Hardwoods must be informed as soon as possible. British Hardwoods cannot guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect the customer’s statutory rights.
British Hardwoods will not accept any liability for any goods that have been repaired before British Hardwoods has been given the opportunity to inspect them or to give authority for repair work to be carried out, or in cases where non-company components have been used. If goods have been delivered in a damaged state and British Hardwoods feels the situation cannot be improved by authorising another delivery, British Hardwoods reserves the right to refund the customer in full and cancel the order.
TIMBER PRODUCTS
Storage of timber
It is the responsibility of the customer to ensure that the goods are stored correctly e.g., not in an outbuilding such as a garage or shed or where temperatures and relative humidity may be subject to fluctuations.
Application of timber
British Hardwoods will not be responsible for any misuse or incorrect installation methods and conditions. Any advice given by British Hardwoods is for guidance only. It is the responsibility of the customer to ensure that the goods are installed correctly.
Illustrations and samples
British Hardwoods supplies natural products. Illustrations, images, and samples cannot convey the large variation in grain pattern, colour and tone, and features such as knots, pip, figuring, and natural defects. It is the responsibility of the customer to ensure that they are aware of the natural features of any goods ordered.
The fuming process
British Hardwoods offers fuming as a finishing option to their oak products. Fumigating oak naturally darkens the timber to produce a much richer colour. This is created by a chemical reaction between ammonia (which is applied as a gas) and the naturally occurring tannic acid in the oak. This is a natural reaction and British Hardwoods has no way of controlling how each piece of timber will react to the fuming process, differences in colour will always occur. British Hardwoods will endeavour to balance the tone in all orders produced but discrepancies and variances are to be expected. British Hardwoods advises customers who require an even colour tone, or a specific shade, that application of a stain is the best option.
Temperature and humidity
Temperature and humidity are critical factors in the behaviour of natural timbers. Timber materials which are dried to a specific moisture content in accordance with British and European Standards must be stored in conditions relative to the standards code, details of which are available on request.
Use of under-floor heating with engineered flooring
To obtain the best performance of engineered flooring in the long term, it is important to follow guidelines which are available on request. As there is no reliable way of recording or monitoring the heating-system settings and room conditions over time, it would be impossible to prove or disprove whether all the guidelines had been followed; therefore, British Hardwoods cannot provide a guarantee.
FORCE MAJEURE
Neither party shall be liable for any default due to any act of God, war, global pandemic, strikes, lock outs, riots, accidents, fire, break-down of plant, machinery, or shortage or unavailability of raw materials from a natural source of supply.
British Hardwoods shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, or obtaining or delivering the goods by normal routes or means of delivery through circumstances beyond its control.
GENERAL
Neither party shall 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 and the party shall be entitled to a reasonable extension of its obligations.
These terms and conditions are subject to change at any time without prior notice. In addition to the above British Hardwoods retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. British Hardwoods retains the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon if the waiting time is viewed as too long by either party a full refund and order cancellation can be effected. British Hardwoods retains the right to cancel any order by notifying the customer by email without detailed disclosure.
British Hardwoods will accept no responsibility for subsequent theft of any goods once delivered to an agreed location, the customer must make necessary arrangements to avoid this possibility.
CONTACT
If you have any questions about the terms and conditions set out herein, please write to us by email to [email protected] or by post to British Hardwoods, Unit 9 Riparian Way, The Crossings Business Park, Cross Hills, Keighley, West Yorkshire, BD20 7BW, United Kingdom.