These terms and conditions shall apply to all transactions between customers and Spolding and Sons Ltd. The definitions below and headings herein are for reference only and are excluded.
Definitions: ‘You’ – The customer. ‘Your’ – That which belongs to You. ‘We, Us’ – Spolding and Sons Ltd. ‘Our’, ‘Ours’ – That which belongs to Us. ‘Installation Site’ – The designated space to construct Our product(s). ‘Products’ – the items and materials offered by Us, including but not limited to timber, composite, UPVC, aluminium, any other materials used in the construction, fabrication, or installation of goods that may encompass a range of structures, components, fittings, finishes, and associated accessories provided by Us or sourced from third-party manufacturers, suppliers, or otherwise. ‘Seven Day Notice’ – Served at our reasonable discretion to grant seven calendar days to pay all overdue balances in the event of late payments. ‘Final Demand’ – Served at our reasonable discretion to grant seven calendar days to pay all overdue balances in the event of late payments beyond which we may recover goods. ‘Restricted Access’ – Any obstacle(s) or obstruction(s) that hinder(s) the delivery and/or installation of goods including, but not limited to, fences, buildings, rooftops, narrow passages, sculptures, and/or water features.
1. General and acceptance.
1.1 These Terms and Conditions constitute a legally binding contract between You and Spolding and Sons Ltd., and all transactions are governed by the provisions herein.
1.2 By placing an order, You accept these Terms and Conditions and agree to be bound by them.
1.3 These Terms and Conditions supersede all previous versions and/or variations in the formation of contracts for all orders and purchases with Spolding and Sons Ltd.
2. Payments, deposits & legal title.
2.1 Goods are made to order, and as such, deposits are non-refundable.
2.2 All outstanding balances must be paid in cash or by card payment upon completion.
2.3 Payments made by cheque must be made payable to Spolding and Sons Ltd. and must clear before delivery or installation is carried out.
2.4 If cheque payments have not cleared by the pre-arranged date of delivery and/or installation, we reserve the right to reschedule delivery and/or installation and charge a £100 re-booking fee.
2.5 We retain legal title on all goods until outstanding balance payments have been received by Us in full.
2.6 You hereby grant Us irrevocable permission to access, at any reasonable time, any outdoor Installation Site that contains goods to which We hold legal title and carry out any works necessary to recover any such goods.
2.7 Aluminium and glass products are non-refundable. If a fault occurs due to the supplier, we will request replacement parts under the manufacturer’s warranty. Refer to the manufacturer’s website or your sales documents for full warranty details.
3. Late payments, overdue balances & recovery of goods.
3.1 Late payment constitutes a breach of contract, and we reserve the right to pursue legal action and civil proceedings at any time beyond such breach.
3.2 Reasonable discretion to provide additional time in which to pay overdue balances is at the sole discretion of Spolding and Sons Ltd. and will be decided and notified on a case-by-case basis.
3.3 At our reasonable discretion, without prejudice to the provisions herein clauses 2 and 3, we may serve You with a Seven Day Notice whereby all overdue balances must be paid in full within seven calendar days.
3.4 At our reasonable discretion, without prejudice to the provisions herein clauses 2 and 3, we may serve You with a Final Demand whereby all overdue balances must be paid in full within seven calendar days.
3.5 If You fail to pay all overdue balances within seven calendar days of being served with a Final Demand, we may recover, without any further notice required, all goods to which We hold legal title as per the provisions herein clauses 2.5 and 2.6.
3.6 In the event that we must recover goods due to late payment, you agree to pay 10% of the total invoice cost for labour, depreciation, and recovery fees.
4. Delivery and installation.
4.1 Delivery and/or installation dates are estimated and may be subject to change without notice
4.2 We recommend that You do not organize any services from third parties, including but not limited to electricians, plumbers, plasterers, and decorators, until all goods have been received and checked by You. We accept no liability for any losses or expenses incurred due to scheduling conflicts arising from failure to meet the estimated date(s) and/or time(s) of deliveries and/or installations.
4.3 When placing an order, You must inform Us of any Restricted Access to and/or around the Installation Site.
4.4 Unless You have contracted Us to carry out groundworks, You must ensure that the Installation Site has been prepared and leveled. We accept no liability for any damage or detrimental effect to goods, including but not limited to aesthetic appearance, resulting from inadequate ground conditions of an Installation Site.
4.5 If We are unable to deliver and/or install goods due to restricted access or inadequate ground conditions, we reserve the right to reschedule delivery and/or installation and charge a £100 re-booking fee.
4.6 We are unable to lift or carry products over obstructions, including but not limited to fences, buildings, rooftops, narrow passages, sculptures, and/or water features; all of which constitute Restricted Access and must be made known to us at the point of booking without prejudice to Clause 4.3 herein.
4.7 Due to Restricted Access, safe practices, and/or provisions under health and safety legislation, some buildings will be designed and made in smaller panels to be safely delivered to and/or installed on an Installation Site. In this case, the panels will be constructed with a visible join and affixed with a strip to conceal the joint.
4.8 You assume full responsibility for clearing the area and ensuring adequate access for deliveries and work. Failure to provide access may result in rebooking fees and additional charges for wasted labour, billed at £240 (incl. VAT) per day, per person.
5. Skips, site vehicles & access equipment.
5.1 We are not liable for damage or loss arising from skip or material deliveries from third-parties, including but not limited to damaged driveways, pavements, hard standings, vehicles, outdoor fixtures, or structures.
6. Materials & Maintenance.
6.1 If initial treatment has been carried out by Us, we recommend that all products are maintained according to the manufacturer’s guidelines to maximize their lifespan, except where it contravenes the conditions of warranty or advice from manufacturers of third-party products and/or upgrades.
6.2 Products may contain and/or develop natural imperfections and may be subject to distorting effects. We accept no liability for any natural imperfection or resulting distorting effects.
6.3 Products are not guaranteed to be waterproof and/or weatherproof. We accept no liability for any damages resulting from water damage, environmental factors, and adverse weather conditions.
6.4 Please note that variations in thickness may occur with standard products.
7. Manufacturer’s/Third-party Guarantees & Warranties.
7.1 Any warranty or guarantee provided to you by manufacturers/third-parties is solely between you, and we assume no responsibility or liability in relation to it.
7.2 You agree to indemnify and defend us from any claims, demands, actions, suits, or proceedings, including legal costs and expenses, arising from or related to the use, installation, or performance of third-party products and services, including composite decking, cladding, UPVC, aluminium, EPDM, or any other materials supplied by third parties.
8. Adverse Weather Conditions.
8.1 Products are not guaranteed to be waterproof and/or weatherproof. We accept no liability for any damages resulting from water damage, environmental factors, and adverse weather conditions.
8.2 Products are vulnerable to adverse weather conditions. We cannot provide any guarantee of the suitability of products to withstand adverse weather conditions or accept liability for any damage(s) arising from the detrimental effects of any such adverse weather conditions.
8.3 In the event that you anticipate and/or become aware of any vulnerabilities of Your products to weather conditions, we may offer advice as to possible modifications to reduce the detrimental effects of some weather conditions. Any advice provided to that effect is intended for theoretical suggestion and/or general guidance and is given with no guarantee of any specific performance in the reduction of the detrimental effects of weather conditions.
9. Planning regulations.
9.1 Whilst most of our products are designed and installed to meet permitted development, we recommend that you seek additional information and legal advice from your local authority or land law specialist regarding planning legislation that governs new constructions, extensions, and developments.
9.2 Products that exceed certain size thresholds must adhere to specific regulations. We cannot install any such product that contravenes these regulations.
9.3 In the event that We are unable to install a product due to the Installation Site being prepared in contravention of planning regulations, we reserve the right to reschedule installation and charge a £100 re-booking fee.
9.4 Deposits are non-refundable in the event that We are unable to install a product where the Installation Site cannot be modified by You to conform with planning regulations.
9.5 Although we may offer basic information and guidance on current planning issues, we claim no expertise or specialism in land law and regulations. We accept no liability for any losses or damages incurred due to breach of planning laws and/or regulations.
10. Governing law and jurisdiction.
10.1 This agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.