Terms and Conditions
The following Conditions shall apply to all contracts entered into by or on behalf of Whitlock & Lowe Limited trading as Native Joinery.
1.1 In these Terms
“CONDITIONS” means the standard conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller;
“CONTRACT” means the contract for the sale and purchase of the Goods;
“CONTRACT PRICE” means the Price of the Goods to be supplied by Native Joinery as agreed
“CUSTOMER” means the person who accepts Native Joinery’s Written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller;
“GOODS” means the goods which the Seller is to supply in accordance with these Conditions;
“NATIVE JOINERY” is a trading name of Whitlock & Lowe LTD (registered in England under number 03453676). Office address: Whitehouse Farm, Whitehouse Lane, Swindon, Dudley, DY3 4PE;
“SPECIFICATIONS” means the specifications for the Goods as agreed between the Customer and Native Joinery;
“WRITING”, and any similar expression, includes email and comparable means of communication.
1.2 A reference in these Terms to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2.1 Acceptance by Native Joinery of the Customer’s order is conditional upon acceptance by the Customer of these conditions, which shall prevail over any terms or conditions of the Customer (apart from alterations to or departures from these conditions specifically agreed by Native Joinery in writing).
2.2 Native Joinery shall sell and the Customer shall purchase the Goods in accordance with Native Joinery’s written quotation, subject in either case to these Conditions.
3.1 Native Joinery will use its best commercial endeavours to deliver the goods within the time estimated in the Specification but Native Joinery shall not be liable for any loss or damage whatsoever suffered by the Customer as a result of any failure by Native Joinery, for whatsoever reason, to deliver the within the time so specified. Unless specifically agreed in writing between Native Joinery and the Customer time of delivery of the Goods or completion of the Services shall not be of the essence of the Contract.
4.1 Delivery of the goods shall be made, and risk of damage to or loss of the goods shall pass to the Customer when Native Joinery delivers the goods roadside to that Customer or to a place designated by the Customer.
4.2 Claims against Native Joinery for short or incorrect delivery shall be notified to Native Joinery in writing within 7 days of receipt of the goods. Native Joinery shall make good shortage or errors in delivery within a reasonable time thereafter and Native Joinery shall not thereafter be liable for any loss whatsoever arising out of such shortages or errors in delivery. The Customer shall not be entitled to reject the goods if no notice of short or incorrect delivery is notified to Native Joinery as set out above.
4.3 All delivery dates are week commencing and are estimate only.
4.5 In the event of the Customer fails to take delivery of the Goods or fails to give Native Joinery adequate delivery instructions at the time of delivery (other than by reason of any cause beyond the Customer’s reasonable control or by reason of Native Joinery’s fault) then without limiting any other right or remedy available Native Joinery may store the Goods and any relevant storage charges incurred for the same shall be charged to the Customer and be immediately due and payable.
COMPLIANCE WITH LAW AND REGULATIONS
It shall be the sole responsibility of the Customer to comply in every aspect with all relevant Planning and Building Regulations requirements, statues, order in council, regulations, by-laws or other lawful requirements and to obtain all necessary consents, licenses, permits or authorities which may be required in connection with any work to be performed pursuant to the Contract.
STRIKES ETC. (FORCE MAJEURE)
6.1 Native Joinery shall not be liable to the Customer if it is unable to carry out any provision of the Contract for any reason beyond its control including (but without limitations) Act of God, legislation, war, civil commotion, fire, flood, drought, pandemic, failure of power supply, lock-out, strike, stoppage or other action by employees or third parties in contemplation or furtherance of any dispute or owing to any inability to procure parts or materials required for the performance of the Contract (“Force Majeure”).
6.2 Native Joinery shall notify the Customer as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of such event of Force Majeure Native Joinery’s contractual obligations shall be suspended until the Force Majeure has fully abated, without liability to the Customer for any loss or damage whatsoever suffered directly or indirectly by reason of any such suspension.
LIMITS OF LIABILITY
7.1 The goods are supplied strictly on the terms that the Customer has satisfied itself of their suitability for their purpose. The Customer acknowledges that all details in catalogues, quotations and acknowledgements of order or similar documents or by word of mouth and all forecasts of performances, howsoever given, are approximate only and do not form part of the Contract unless set out in the Specification.
7.2 Save in respect of death or personal injury caused by Native Joinery’s negligence or liability under the Consumer Protection act 1987 Native Joinery shall not be liable under the Contract, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or by way of representation (unless fraudulent) or any implied warranty, condition or other term or in any other manner for consequential or indirect loss of whatever nature suffered by the Customer or for special damages, loss of use, (whether complete or partial) of the goods, or loss of profit.
7.3 The entire liability of Native Joinery under or in respect of the Contract shall not exceed the Contract Price except as expressly provided by these Conditions.
7.4 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.5 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order1976) the statutory rights of the Customer are not affected by these Terms
8.1 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
8.2 No term of this Contract is intended for the benefit of any third party and the parties do not intend that any term of this Contract should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
8.3 Any notices to be given by the Customer to Native Joinery hereunder or any other communications from the Customer to Native Joinery in respect of the Contract shall be in Writing and shall be effective if received by a director of Native Joinery, but not otherwise.
The Contract shall be governed by the laws of England and the Customer agrees to submit to the exclusive jurisdiction of the English Courts.
10.1 Where the goods are supplied for export from the United Kingdom, the provisions of this Condition 17 shall (subject to any special terms agreed in writing between the Customer and Native Joinery) apply notwithstanding any other provision of these Conditions.
10.2 The Customer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties thereon.
10.3 The Goods will be sold ex works.
RETURNS & CHANGES POLICY
11.1 All Bi-Folding doors and French doors are made specifically for each order and the manufacture of components will commence shortly after your order has been confirmed therefore if you wish to cancel your order for whatever reason you will not be entitled to a refund of any monies paid.
11.2 If you require to make changes to your order after the order has been confirmed we reserve the right to make additional charges for any components that have or are in the process of being manufactured.