Factory Cabins – Terms & Conditions. V1. 11.05.18
Terms and Conditions of Supply and Web Site Usage
In these terms and conditions;
“We” means: Factory Cabins Ltd
. Address: 2 Fiddington, house farm, Fiddington, Tewkesbury, Gloucestershire, GL20 7BJ
These terms and conditions may be altered from time to time as we deem necessary.
“You” means the person or persons so named on the order form provided on our website, on our
Invoice or by verbal or other form of information transference.
Your order whether placed directly on-line, by telephone or by any other means of communication is accepted subject to the following terms and conditions:
– Read through these terms and conditions carefully before placing the order.
– Print a copy for future reference.
1. The contract Our acceptance of your order brings into existence a legally binding contract between us. In all events we retain title in the products and, at our discretion, absolute right to recover the building and recover any costs from you, including right of access for said recovery at any time entirely at our discretion until full payment is received.
2.1 By placing an order you are offering to purchase a product and will be subject to these terms and conditions. All orders are subject to availability and confirmation of the order price. All prices will state the VAT statues – either included or excluded. All pricing will be shown on the invoice which relates to the sale.
2.2 Acceptance of your order will commence when the initial deposit has been paid. The completion of the contract will be when all goods and services have been supplied as per the invoice description, including any ancillary items or services ordered.
2.3 Whilst we try and ensure that all details supplied, descriptions and prices are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
2.4 Payments are accepted by either Credit or Debit Card, the maximum permitted to pay on either CC or DC is £5,000.00 per transaction. Bank Transfer Payments are accepted without maximum Limit. We may at our discretion require payments for bespoke or special orders to be made by bank
2.5 A 50% deposit is required at time of order. Full payment for the price of the cabin and any associated fittings, materials and delivery detailed on the invoice is required before we dispatch. The full balance will be required prior to delivery unless agreed in writing prior to delivery date.
2.6 All cabins we supply are made to order and therefore are classed as ‘Tailor made and personalised goods’ which means that you cannot cancel the order once the initial deposit has been paid and goods cannot be returned.
3. Rights for you to cancel your contract
3.1 All goods ordered are manufactured against your order, they are therefore classed as ‘Tailor made and personalised goods’ and as such cannot be cancelled or returned and will not receive a refund once the initial deposit has been paid.
3.2 It should be noted that we always comply with the Distance Selling Regulations. It should also be noted that any goods that are manufactured against your order or are bespoke in anyway – including colour, fall outside the remit of the Distance Selling Regulations. Any product that is in anyway bespoke or made against your order is not returnable. That applies to most products on this web site. Distance Selling Regulations are not applicable to business customers in any case.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.2 If for any reason we are unable to manufacture or deliver the ordered item.
4.3 If we do not deliver to your area.
4.4 One or more of the goods you ordered was listed at an incorrect price due to a typographical error
or an error in the pricing information received by us from our supplier.
4.5 Unexpected or Excessive Currency Exchange Fluctuations.
4.6 Supplier being unable or unwilling to supply the goods owing to political, military or any otherreasons; or
4.7 Web Site or Other Technical fault results in Displayed Pricing being in-correct.
4.8 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card or any other form of payment as soon as possible but in any event within 30 days of your order.
4.9 We will not be obliged to offer any compensation for disappointment or any consequential loss suffered.
5. Delivery of goods to you
5.1 You will be contacted by either us or our preferred carrier prior to delivery to discuss most convenient delivery day/time.
5.2 A valid signature from you or your representative aged 18 years or over is required upon delivery, at which point you bear all responsibility and risk.
5.3 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. Delivery of all Log Cabins will be to the nearest accessible kerbside point. Drivers will be helpful and try to comply with reasonable delivery requirements but it should be assumed that delivery is Kerb Side. Moving goods from Kerb Side is at your risk and responsibility. Where our driver is requested to or there is an implication that delivery should be made onto your property or any private property this may be done at the drivers discretion but is entirely at your risk and responsibility. Any damage incurred owing to weight of delivery vehicle / driver negligence or any other damage is
entirely at your risk and you agree to be responsible for any costs in making good.
5.4.We aim to deliver within 6 weeks however we cannot guarantee delivery within this time. Delivery
times may vary and estimated times will be advised at time of order. We will not be held liable for any claims of inconvenience or such like after this time. We will always endeavour to deliver your cabin as soon as possible.
5.5 You must accept your delivery within 14 days of contact from us or our Carrier. You will beliable for storage charges if you do not arrange delivery within this time frame.
5.6 We cannot be held liable for any any services costs sustained or booked by you while waiting for your cabin as sometimes delays are out of our control.
5.7 Whilst we shall make every effort to deliver the goods in accordance with any times specified in the Contract, time shall not be of the essence in this regard.
5.8 If we are unable to deliver your goods at all then you will be issued with a full refund.
5.9 Delivery is charged and will be shown on your invoice whether the cost is included or not. Additional charges apply outside of mainland UK to areas Scotland, the Islands and Northern Ireland (Central London deliveries will also be subject to a Congestion Charge where applicable). Our Carrier does not deliver on Saturdays, Sundays or on recognised UK Bank Holidays (including arrangement for Scottish and Northern Ireland Bank Holidays that do not apply to the entire United Kingdom). These will be outlined on the invoice.
5.10 Although highly unlikely, we may deliver the goods in instalments and each instalment shall be treated as a separate Contract so that failure to deliver or defect in one or more instalments shall not entitle you to reject the other instalments.
5.11 We shall not be liable for any delay to delivery caused by an event outside our reasonable control.
5.12 Goods titles shall pass to you immediately upon delivery, only when having been paid for in full. All goods remain the property of Factory Cabins Limited until paid for in full. We reserve the right to hold goods until paid for in full. If any goods or services are payable onsite or on completion of the cabin then the full title of those goods and services remain the property of Factory Cabins until they are paid for in full. We reserve the right to remove those goods in the event of non payment and you agree to allow us to do so.
5.13 It is your responsibility to provide suitable access for delivery, and notify us of any concerns, in writing, at the point of order. In this instance, you may be liable for any failed or return delivery charges if access is severely restricted and delivery cannot take place.
5.14 Cabins are normally delivered by lorry with a hi-ab crane, in some instances the cabin may need to be unloaded by hand – in which case we require 2 able bodies to assist the driver to unload.
5.15 In order to make a claim of transit damage against a courier, we must be notified within 24 hours of the delivery and we will require photographs of the goods and packaging. Should goods arrive with seriously damaged packaging you are expected to sign as such on the delivery note or refuse delivery and contact us immediately. We strongly advise that you insist on checking the contents prior to signing for acceptance or if you are unable to check the condition of the goods sign “unchecked”, as you will be otherwise signing that goods have been received in good condition. Please retain all packaging until you are satisfied with the goods. You will be responsible for any loss or damage to the goods which may occur after delivery to you. The signed delivery note will be your confirmation that you have received goods in satisfactory condition and will be used as evidence in any arising dispute after delivery has taken place. We acknowledge that it is not possible to check all components on day of delivery therefore any and all missing or damaged parts must be be reported within 14 days of delivery.
5.16 In the highly unlikely event that parts are found to be missing or damaged on delivery of your consignment then all missing or damaged parts must be reported within 14 days by e-mail to: email@example.com We will require photographic evidence for any claim of damaged parts.
6.1 We will not accept liability for any product which does not meet your required dimensions, unless the exact dimensions have been obtained in writing from us, prior to order. All sizes shown are quoted as approximate, and may be changed at any time.
6.2 You should check before ordering that the cabin will be suitable for it’s intended purpose. Building Regulations will normally apply on builds over 30m2 and those that are intended for commercial or residential use. It is the customers responsibility to check any compliance required for any building permission required for the building to be erected. Factory Cabins will not be liable for any problems or delays arising from planning permission or building regulation issues.
6.4 We will not accept liability for issues caused by the installation of any product by a third party. 6.5 If we (or our suppliers) are unable to supply your order, we will refund you in full as soon as possible. We will not be obliged to pay any compensation for disappointment or inconvenience.
6.6 We will not be liable a) for losses that were unforeseeable to both parties when the contract was made, b) for losses that were not caused by any breach on the part of the supplier, c) for business losses and/or losses to non consumers.
6.7 No liability for damage to property or belongings will be accepted in the event that you have booked an installation service and the installers are required to access the site through a house or property (commercial or residential), You should ensure that all floor coverings are protected, and any valuables or breakable objects should be removed from the thoroughfare.
6.8 If we fail to enforce any of these conditions, that shall not mean we have waived any of our rights, and we retain the right to enforce any of these conditions at any time.
6.9 We will not be liable for damage or damp occurring to the cabin, it is an outdoor product and needs to be properly treated and cared for.
7. Fitting And Installation
7.1 If an installation service is available, and has been requested, you must ensure that a flat, level and square base/foundation, capable of carrying considerable weight, has been provided before installation can commence. The base should be made to the floor plan size as shown on your build plans that are issued when the deposit has been paid. Ideally end of log to end of log dimensions. 7.2 The site should be clear of overhanging branches or obstructions, and have sufficient unobstructed access (minimum 600mm) around the site for the safe erecting and maintenance of the building.
7.3 If the base does not meet the required standards when our build crew arrive on-site, a charge of £400 will be payable to cover labour costs. Should you require a return installation service, this charge must be paid prior to the subsequent visit being made
7.4 You must ensure that the installer’s vehicle can be parked as close as possible to the installation site. If a parking area cannot be located nearby the site, the installation may be abandoned and a return charge may be made. ‘The Customer’ will be liable for any costs incurred by the installation team (metered parking etc.) during the installation period.
7.5 Any damage or fault must be reported at time of construction otherwise you will not be able to claim for replacement parts thereafter. Customers are required to thoroughly check the cabin after construction is complete for any damage or fault and will be required to sign a confirmation document on completion.
7.6 If you have requested a gutter fitting service, once completed will be wet tested and form part of the satisfactory completion of the cabin. Subsequent adjustment or leaks will be the customers responsibility.
7.7 Timber products are natural and are subject to movement, this is not a defect. Adjustments may be needed to the windows and doors which are the customers responsibility.
7.8 Cabins and windows and doors are delivered on wrapped pallets. Cabins also come with spare logs and trimming sections that may be left over after the build. Customers are responsible for the disposal of any pallets, packaging or spare unwanted materials. This applies even if you have requested a cabin fitting service. Please let us know if you would like the waste removed which will be an additional charge.
8. Timber Products
You accept that wood is a natural material. It differs from man-made materials each piece of timber will have grains and knots which will vary. Being a natural product wood will react to changes in atmospheric conditions. Wood will expand and contract. Most of this movement is across the grain of the wood so height dimensions will vary according to moisture content. All height dimensions are exclusive of any externally fitted roof insulation and based at 16% moisture content of the wood. Some splitting of the timber may occur as it expands and contracts with changes of humidity and temperature. Many cabin kits will show some warp and twist in boards. This is more pronounced in thicker boards. It is common to see some damage to tongues and grooves on boards when unpacking.
The above processes are perfectly natural and do not affect the integrity of the timber or of the structure it is used in and therefore splitting, cracks & knots, expansion and contraction and any other feature / processes that are as a result of wood being a natural product etc are not covered by any guarantee. All dimensions are shown as within reasonable acceptable tolerances for the product sold.
All buildings are ordered and supplied on the basis that their actual dimensions, weights and descriptions are within reasonable tolerances of those stated given the nature of the product of a timber log cabin. There will be factory accepted tolerances on most of the above which you agree to accept by making the purchase.
During extremes of temperatures and weather, timber may twist out of shape, this is due to moisture content changing in the wood. This is not a defect and can normally be coerced into position and held whilst the rest of the cabin is built to lock all logs into position.
9. You MUST
9.1 Ensure that the cabin is installed on a flat, level surface.
9.2 Fit a suitable waterproof roof covering immediately once erected.
9.3 Treat the cabin with a stain or wood preservative within 7 days of erecting the cabin. 9.4 Install guttering within 7 days of erecting the cabin.
10.1 We offer a 6 month warranty on any hardware supplied with the cabin, we offer a 1 year warranty on the structure of the cabin whilst still considering point 8 above. We strongly recommend that cabins are treated with an oil based paint or stain annually.
You agree that we do not offer or imply any warranty on any product unless specifically stated in the product text as shown on this web site. Any warranty such as may exist is a manufacturers limited warranty and all warranty issues shall be deemed and governed by the Manufacturer. Warranty is always based on full compliance with manufacturers recommendations for assembly, treatment, maintenance and use and is always limited to the original purchaser for UK domestic use only.
10.2 In the Event of any part being replaced under a warranty it is your responsibility to fit that part.
If any part of these terms and conditions is enforceable (including any provisions in which we exclude
our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this
agreement has no right under the UK Contracts (rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us regardless of where the product is delivered to.
14. Entire agreement
All third party work, unless invoiced by us, including assembly or any modifications are not part of this contract but shall form a separate contract between you and the service providing company. Factory Cabins shall not be responsible for any unauthorised modifications to the building or any occurrence relating to the effect of any modifications whatsoever. Unless otherwise stated all buildings are delivered UNTREATED in Kit form for Self Assembly.
16. Complaints and disputes
16.1 If you have a complaint about the goods or service, you should contact Factory Cabins by: 16.2 Post: sent to the address at the end of these terms.
16.3 Electronic e-mail to: firstname.lastname@example.org
16.4 Telephone on: 01452 223591
16.5 We will try to respond in writing to your complaint within 14 working days of receiving it. 16.6 By placing an order you agree to abide by our terms and conditions as stated above.
In all cases we would prefer you to contact us and discuss any queries you may have.