Quality Meets Affordability – Beat Any Quote With An Extra 5% Off!

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 and supply of the Services;

“CONTRACT PRICE” means the Price of the Goods and Services to be supplied by the Supplier as set out in Suppliers Tender or Quotation plus Planning Fee;

“CONSTRUCTION PROJECT” means the construction project of the Customer referred to in the Specification consisting of a number of separate, independent contracts including this Contract;

“CUSTOMER” means the person who accepts the Supplier’s written quotation for the sale of the Goods or whose Written order for the Goods is accepted by the Seller; This can be either a Consumer or a Business. “CONSUMER” is the final user of the goods or services provided by the supplier in this contract. “BUSINESS CUSTOMER” is the entity entering into this contract and purchasing goods or services from the supplier with the intention of supplying these to a Consumer, another Business, or for themselves. This includes a sole trader or Agent, acting on behalf of a Consumer.

“DETAILED DESIGN DRAWING” means the drawing produced by the supplier as part of the contract, detailing specific elements of the building relating to the goods and services provided by the supplier;

“DESIGN SERVICES” means the services of building design carried out by the supplier as part of the contract, necessary for the completion of the construction project;

“GOODS” means any products, or parts thereof, supplied or installed to the Customer as part of the contract, in accordance with these conditions;

“PLANNING FEE” means the fee charged by the Supplier for making the planning application on behalf of the Customer;

“SERVICES” means the services of construction/assembly of the Goods into a timber framework to be supplied by the Supplier in accordance with these Conditions as more particularly set out in the Specifications;

“SPECIFICATION” means the specifications of the Goods and/or Services as agreed between the Customer and the Supplier. Can also be referred to as “Quotation”;

“SUPPLIER” means UK Timber Solution;

“WRITING”, and any similar expression, includes, post, facsimile transmission and comparable means of communication including electronic mail.

1.1 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.

1.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

Timber Solution Company
Oak Frame Quality, Responsibility, and Site Handling Policy

At Timber Solution Company, we take pride in producing high-quality bespoke oak frames and components. Each piece is carefully designed, manufactured, and inspected to meet our standards of craftsmanship. The following terms outline important information regarding product quality, natural material behaviour, and client responsibilities.

1. Carpenters’ Work and Site Adjustments

We do not compensate for any carpentry, installation, or lifting work (including cranes, lifters, or similar equipment) carried out on site. Our responsibility is limited to the design, manufacture, and replacement of any beams proven to be defective.

As oak is a natural material, minor twisting, bending, or movement may occur over time. These are not manufacturing defects but natural characteristics of solid timber.

If a beam is confirmed to be faulty due to production or material issues, we will replace it and cover the associated transport costs. Please note that minor on-site adjustments may occasionally be necessary when working with natural timber materials.

2. Quality Inspection and Reporting

Clients must inspect all beams and components within 48 hours of delivery or installation.
If an issue is identified during this period, Timber Solution Company will replace the affected items and cover transport costs.
After 48 hours, we cannot accept responsibility for any issues resulting from storage, handling, or installation methods.

3. Storage and Environmental Guidelines

Ready-to-assemble oak frames must not be stored outdoors for more than two weeks, especially during autumn or winter.
Unlike sawn-cut oak beams, ready-to-assemble frames are more sensitive to moisture and temperature changes, which may lead to:
• Swelling or warping — affecting fit and alignment.
• Extra on-site work — requiring additional adjustments.
• Increased labour effort — leading to higher costs or delays.

4. Best Practices for Storage and Timing

• Store properly: Keep frames in a dry, covered, and ventilated area to prevent moisture build-up.
• Plan ahead: Begin assembly only when the building site is ready to avoid unnecessary exposure or storage time.

5. Natural Appearance and Treatment

Untreated oak will naturally turn silver as it weathers. To maintain a specific colour or tone, apply a suitable wood treatment.
Colour and texture variations are natural and form part of oak’s unique character and ageing process.

6. Summary of Responsibilities

• Timber Solution Company ensures product quality and will replace any verified defective beams.
• The client is responsible for storage, handling, and installation conditions.
• We do not compensate for carpentry labour, site equipment, or on-site modifications.
• All claims must be reported within 48 hours of delivery or installation.

7. Contractual Conditions

7.1 Acceptance by the Supplier of the Customer’s order is conditional upon acceptance by the Customer of these terms, which prevail over any Customer terms unless otherwise agreed in writing.

7.2 The Customer acknowledges that the Goods and Services supplied under this Contract relate only to the timber framework, first fix joinery, and encapsulated glazing system forming part of the Customer’s construction project. The Customer further acknowledges that other works required to complete the project will be contracted separately and independently. The Supplier is not responsible for the completion or failure to complete any additional works outside the Goods or Services listed in the written Specification.

7.3 The Supplier shall sell and the Customer shall purchase the Goods in accordance with the Supplier’s written Specification (quotation), subject to these Conditions.

7.4 The Supplier’s employees or agents are not authorised to make representations concerning the Goods or Services unless confirmed in writing. The Customer acknowledges that it has not relied on any unconfirmed representations. This clause does not affect liability for fraudulent misrepresentation.

7.5 If any provision of the Contract is held by a competent authority to be invalid or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect. No term of this Contract is intended for the benefit of any third party, nor shall any term be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

7.6 Any notices or communications from the Customer must be in writing and will only be effective if received by a director of the Supplier.

7.7 The Supplier does not recommend or guarantee the work of any third parties contracted by the Customer. No implied or collateral contract exists between the Customer and the Supplier regarding the work or goods of third parties involved in the Customer’s construction project.

7.8 When the client makes payment of any invoice, it shall be deemed that all terms and conditions of Timber Solution Company have been read, understood, and accepted in full.

3.1 All tenders/quotations issued by the SUPPLIER shall not be considered to be offers placed by the SUPPLIER but shall be valid for a period of 30 days from the date thereof or such longer period as may be agreed between the parties in writing.

3.2 No CONTRACT shall be established between the SUPPLIER and the CUSTOMER until the SUPPLIER has received the relevant deposit AND agreed the CONTRACT by accepting the SPECFICATION. The CUSTOMER must do this by email, letter or by signing the SPECIFICATION. SUPPLIER shall not commence any work on the project until these two conditions are met.

3.3 The CONTRACT PRICE is based upon best guess estimates of required oak section sizes only and is subject to the results of the structural report

3.4 The CONTRACT PRICE is based upon uninterrupted access to the CUSTOMER’s premises until completion of the SERVICES and the SUPPLIER reserves the right to increase the CONTRACT PRICE in circumstances where uninterrupted access is not provided.

3.5 The CONTRACT PRICE may be revised by the SUPPLIER following changes initiated by the CUSTOMER during the detailed design process and/or following structural calculations, and/or necessary engineering design

4.1 The CUSTOMER has the right to cancel this CONTRACT within 14 days of its agreement without giving any reason.

4.2 The cancellation period will expire after 14 days of the conclusion of the CONTRACT, whether this was done by phone, by email order or by signing a document away from our premises.

4.3 To exercise the right to cancel, the CUSTOMER must inform the SUPPLIER of their decision to cancel this CONTRACT by a clear WRITTEN statement, i.e. a letter sent by post or an email.

4.4 To meet the cancellation deadline, it is sufficient for the CUSTOMER to send communication concerning the exercise of the right to cancel before the cancellation period has expired.

4.5 If the CUSTOMER cancels this contract, the SUPPLIER will reimburse to the CUSTOMER all payments received from the CUSTOMER. The SUPPLIER will make the reimbursement without undue delay, and no later than 14 days after the day on which we are informed about the decision to cancel this CONTRACT. The SUPPLIER will use the same payment means of reimbursement as used for the initial transaction, unless expressly stated otherwise; in any event, the CUSTOMER will not incur any fees as a result of the reimbursement.

4.6 If the CUSTOMER requested to begin the performance of services during the cancellation period, the CUSTOMER shall pay to the SUPPLIER an amount which is in proportion with the GOODS and SERVICES supplied or performed until the cancellation notice for this CONTRACT has been served in WRITING, in comparison with the full coverage of this CONTRACT.

4.7 Your order might be cancelled if the goods you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information.

5.1 Once the CUSTOMER and the SUPPLIER enter into a binding CONTRACT, the CUSTOMER will not normally be able to cancel the CONTRACT, except where the parties mutually agree or as otherwise provided for in this CONTRACT.

5.2 If the parties mutually agree to cancel, the CUSTOMER will be liable to the SUPPLIER for the costs of: 5.2..1 The value of the time spent performing SERVICES up to the date the SUPPLIER stops providing the SERVICES

5.3 Any GOODS or materials the SUPPLIER is contractually committed to buying up to the date of the termination of the CONTRACT (whether or not the SUPPLIER needs to pay for them before or after the date on which the CONTRACT is cancelled). Any GOODS purchased (but not used in performing the SERVICES), will be delivered to the CUSTOMER.

5.4 Any sums owed for the GOODS and SERVICES supplied by the SUPPLIER before the cancellation of the CONTRACT will be first deducted from the deposit paid by the CUSTOMER. Any remaining deposit will be returned to the CUSTOMER. If the sums owed are greater than the deposit paid, the SUPPLIER will issue an invoice to the CUSTOMER for the amounts in excess of the deposit.

If the CUSTOMER:

5.5 Purports to cancel the CONTRACT; or 5.4..2      Gives notice purporting to cancel; or

5.6 Otherwise does not fulfil their obligations (such as by not paying any sums due to be paid to the SUPPLIER) in a way which amounts to the SUPPLIER cancelling the contract, the SUPPLIER does not have to accept the cancellation. If the SUPPLIER chooses to accept the cancellation, the SUPPLIER is entitled to request the CUSTOMER to pay any reasonable sums for the losses and costs (including loss of profit) suffered by the SUPPLIER. Any reasonable losses and costs (including loss of profit) will be retained from a deposit, and these sums are greater than the deposit paid, the SUPPLIER will require the CUSTOMER to pay the excess.

5.7 Your order might be cancelled if the goods you ordered were listed at an incorrect price due to a typographical error or an error in the pricing information.

6. Termination by the Supplier

6.1 Right to Terminate

The SUPPLIER may terminate the CONTRACT immediately, by written notice to the CUSTOMER, if the CUSTOMER:

6.1.1 Fails to make payment of any invoice or sum due under this CONTRACT within 7 days of a written reminder from the SUPPLIER; or

6.1.2 Fails to make payment of any invoice or sum due under any other contract with the SUPPLIER within 7 days of a written reminder; or

6.1.3 Fails to provide access to the delivery address, site, or premises within a reasonable period required for the SUPPLIER or its subcontractors to perform the SERVICES; or

6.1.4 Fails to provide necessary information, instructions, or approvals reasonably required by the SUPPLIER to carry out the GOODS or SERVICES within a reasonable time; or

6.1.5 Commits a material breach of the CONTRACT and fails to remedy such breach within 7 days (or such other period as the SUPPLIER may specify in writing); or

6.1.6 Interferes with, obstructs, or delays the SUPPLIER’s works or those of its subcontractors; or

6.1.7 Acts in a manner that causes loss, damage, or reputational harm to the SUPPLIER or its agents.

6.2 Insolvency or Financial Default

If the CUSTOMER becomes insolvent, is declared bankrupt, enters into liquidation, administration, receivership, or any arrangement with creditors, or is otherwise unable to pay its debts as they fall due, the SUPPLIER shall, without prejudice to any other right or remedy, be entitled to:

6.2.1 Suspend or cancel all current or future contracts or deliveries with immediate effect; and/or

6.2.2 Require full payment in cleared funds prior to accepting or continuing with any order; and/or

6.2.3 Recover all outstanding sums, including deposits, production costs, storage fees, and any other charges due under this or any related contract; and/or

6.2.4 Enter the CUSTOMER’s premises (or any premises where the GOODS are stored) to recover or remove the SUPPLIER’s property or GOODS that have not been paid for in full.

6.3 Consequences of Termination

If the SUPPLIER terminates the CONTRACT under this clause:

• The CUSTOMER shall remain liable to pay the SUPPLIER for all GOODS and SERVICES supplied up to the date of termination, including any materials ordered or manufactured specifically for the CUSTOMER’s project.

• The SUPPLIER shall be entitled to retain any deposits or advance payments as part-payment for losses and costs incurred.

• The SUPPLIER may also charge reasonable compensation for all direct and indirect losses arising from the CUSTOMER’s breach, including loss of profit, administrative time, storage costs, and legal or debt recovery expenses.

• The SUPPLIER shall not be liable for any loss, delay, or damages suffered by the CUSTOMER as a result of termination in accordance with this clause.

7.1 DESIGN SERVICES are subsidized and are subject to copyright. The drawings remain the intellectual property of the SUPPLIER. The initial 2D or 3D designs forming part of the Specification are approximate representations of the project for the purposes of visualization and cost estimate. They do not form part of the CONTRACT. They remain the intellectual property of the SUPPLIER. The SUPPLIER has the right to issue a retrospective invoice for the value of these designs, should the CUSTOMER use these designs to obtain competitive quotations from others.

7.2 Whilst the SUPPLIER will take all reasonable care to ensure that working plans, diagrams and drawings provided to the CUSTOMER are adequate to facilitate the erection or installation of the goods in a proper and work like manner, it shall, in those cases where the erection or installation of the goods is not undertaken by the SUPPLIER, and in relation to any part of the structure not erected by the SUPPLIER, be the sole responsibility of the CUSTOMER to ensure that all working plans, diagrams and drawings meet with the CUSTOMER’ requirements in every aspect and furthermore, it shall be the sole responsibility of the CUSTOMER in such cases to ensure the assembly of the goods in a proper and workmanlike manner, and in accordance with recommendations of the structural engineering report.

7.3 If included in the SPECIFICATION, subsequent Project DESIGN SERVICES form part of the CONTRACT; and are broadly divided into 4 stages: 1. Planning design, 2. Detailed design & Structural Calculations, 3. Building Control Drawings and 4. Manufacturing design. The SPECIFICATION lists which DESIGN SERVICES will be included in the CONTRACT and makes provision for a maximum of 2 major changes during the Planning Design stage. Any subsequent major changes during the Detailed Design & Structural Calculations stage initiated by the CUSTOMER including, but not limited to changes in the position of the walls, dimensions of the building, sections of oak, additions or removals of sections of the building, building envelope details or method of construction, which have direct impact on the total volume of oak and the construction lead time will result in additional charges for DESIGN SERVICES, including and not limited to additional structural calculations at current rate and may result in substantial changes in the CONTRACT PRICE.

7.4 Any major changes requested by the CUSTOMER during the Planning Design and Detailed Design & Structural Calculations stages, which impact the volume of oak and the construction lead time may result in substantial change in the CONTRACT PRICE.

7.5 If the SUPPLIER is contracted to supply the CUSTOMER with the Planning Design service, this service includes: a set of drawings, specifications and details, submission of the planning application and up to 2 major revisions of drawings. Unless otherwise stated in the SPECIFICATION, this service excludes: planning application fee, which is payable directly to the local authority, any heritage statements, BATS, Arboricultural, Flood Risk Ecological or other surveys or statements, if applicable.

7.6 If the SUPPLIER is contracted to supply Planning design services, the SUPPLIER will endeavour to recommend the best design options for a successful outcome of the planning application. The SUPPLIER will carry out a reasonable number of small changes or recommendations from the local authority necessary for the successful planning application within the cost specified in the SPECIFICATIONS. Should the CUSTOMER choose to ignore these recommendations, and the planning consent is not granted as a result, any further Planning Design services will be subject to additional charges for design time at current rate.

7.7 Should the planning application fail through no fault of the SUPPLIER, the CONTRACT is therefore terminated and the SUPPLIER will return all deposits to the CUSTOMER minus the costs incurred in producing the planning drawings charged at market rate and processing the planning application, including costs paid to the local authority.

7.8 Detailed Design & Structural Calculations Service includes: a set of necessary drawings, structural layout, engineering specifications and details for construction of the oak frame and components only, unless otherwise specified in the SPECIFICATIONS. Unless otherwise stated in the SPECIFICATION, the service excludes: our attendance on site or at meetings once the work on site has started. We are happy to hold calls with the CUSTOMER and the CUSTOMER’s builder, to help resolve any structural issues related to our GOODS on site (except any issues related to M&E, drainage or other specialist issues).

7.9 CUSTOMER will be asked to sign off a DETAILED DESIGN DRAWING after the Detailed Design & Structural Calculations stage of the DESIGN SERVICES. Once the DETAILED DESIGN DRAWING has been signed off by the CUSTOMER, the SUPPLIER is only able to accommodate any design change requests by the CUSTOMER as a result of change in circumstances on site. These changes are subject to additional design fees and may impact on CONTRACT PRICE and manufacturing lead time.

7.10 If the SUPPLIER is contracted to carry out Building Control Drawings, these will include: a set of necessary drawings, specifications and details for the construction of the structure and make-up of the building, including section drawings, insulation specifications, joinery detail if applicable, setting out

7.11 plans, outline of waste and drainage (but not specialist detail). Up to 2 site visits of the SUPPLIER’s employees to CUSTOMER’s site during the build, if the SUPPLIER is contracted to carry out the Assembly. Unless otherwise stated in the SPECIFICATION, this service excludes: application fee for building regulations approval, SAP (thermal) calculations, M&E (plumbing, heating and electrical detail), detailed water and drainage drawings, chimneys, the local authority fee.

7.12 Building Control Drawings must be read in conjunction with the detailed SPECIFICATION to establish exactly what is included in the supply of the PRODUCT, as the drawings may specify certain elements, but these may not be included in the CONTRACT PRICE.

7.13 Any specialist design services including, but not limited to electrical, plumbing, thermal calculations, water & drainage, or chimneys can be provided by recommended trusted third-party suppliers at an additional cost.

7.14 From time to time, Structural calculations, Building Regulation Drawings, or Manufacturing Drawings, which are specific to client location and complexity of the bespoke building design may result in changes in the volume of oak used, construction method or the construction lead time, and thus may result in change in the CONTRACT PRICE. The SUPPLIER will contact the CUSTOMER to discuss and seek approval for these changes prior to proceeding with manufacture of the GOODS.

7.15 The detailed drawings are produced to scale; however, the printed plans may not be to scale and must not be scaled from. The dimensions of the GOODS are to be taken from the numerical dimensions on the drawings and it is the CUSTOMER’s or the CUSTOMER’s Builder’s responsibility to clarify any queries directly with the SUPPLIER prior to proceeding with the build. All drawings are to be read in conjunction with any other drawings relevant to the project, including, where necessary, the structural engineer’s report. It is the CUSTOMER’s and the CUSTOMER’s main building contractor’s responsibility to check all dimensions on site before any manufacturing work commences and notify the SUPPLIER of any discrepancies.

7.16 It is the responsibility of the CUSTOMER and the CUSTOMER’s main building contractor to follow accurately the designs supplied by the SUPPLIER for the foundations/dwarf walls etc. The SUPPLIER cannot accept responsibility for any costs and delays resulting from non-compliance with drawings supplied. It is the responsibility of the CUSTOMER and the CUSTOMER’s main building contractor to ensure all workmanship, goods and materials of the GOODS and SERVICES supplied by other contractors for the CONSTRUCTION PROJECT be to current building regulations, British standards and codes of practice. It is also the responsibility of the CUSTOMER and the CUSTOMER’s main building contractor to liaise with the building control officer on site and notify the SUPPLIER of any changes/additional requirements on the CONSTRUCTION PROJECT.

7.17 Any site survey undertaken by the SUPPLIER is for the preparation of planning and building regulations only. All proposed finished floor levels to be agreed on site between the CUSTOMER and the local authority prior to commencement of work by the SUPPLIER. No buried or underground services are accounted for and must be investigated by the CUSTOMER. CUSTOMER must advise the SUPPLIER if boundaries are correct and denote the legal ownership. Any levels taken are to temporary local datum point.

7.18 From time to time, the SUPPLIER may discover previously unknown information relating to the condition of the building site, existing property, or complexity of the structure, after the CONTRACT has been signed, which may result in changes of CONTRACT PRICE or construction lead time

8. Supply-Only Oak Structures

8.1 Pre-Construction and Delivery

The oak structure will be pre-assembled and quality-checked at the SUPPLIER’s premises before being dismantled for transport.
All components will be numbered and referenced to the assembly plan, then delivered as a kit of parts together with the appropriate quantity of oak dowels and plugs required for structural assembly.

Once collected or delivered, the GOODS shall be deemed accepted in good order unless written notice of any discrepancy or defect is received within 48 hours of receipt.
From the moment of delivery or collection, all risk, handling, and storage responsibility passes to the CUSTOMER.

8.2 Supply-Only Inclusions

Unless explicitly stated otherwise in the written SPECIFICATION, a “supply-only” product shall include the following items only:

8.2.1 Detailed Design and Structural Calculations, where applicable (excluded from this are: porches, pergolas, sheds, door frames, ceiling beam layouts, individual beams, posts and components, beam casings, cladding, joinery, and fireplace beams).
8.2.2 Manufacturing drawings of the structure.
8.2.3 The oak frame and all related components manufactured by the SUPPLIER.
8.2.4 An appropriate quantity of oak dowels and plugs for the frame.
8.2.5 A schematic 3D assembly drawing to assist with installation.

The SUPPLIER’s responsibility ends with the safe provision of these items. The SUPPLIER is not liable for any errors, omissions, or damages resulting from the CUSTOMER’s assembly, modification, or failure to follow the provided drawings.

8.3 Supply-Only Exclusions

Unless specifically stated otherwise in the SPECIFICATION, the following are not included and remain the full responsibility of the CUSTOMER:

8.3.1 Delivery or offloading of the goods (unless separately quoted and agreed in writing).
8.3.2 Fixings or fasteners, including screws, nails, bolts, stainless steel brackets, plates, or similar installation materials.
8.3.3 Joinery or finishing elements, including but not limited to doors, windows, staircases, flooring, glazing, or decorative features.
8.3.4 On-site assembly, supervision, or installation assistance of any kind.
8.3.5 Protective treatments, coatings, or preservatives unless expressly specified in the quotation.

8.4 Limitation of Liability

The SUPPLIER shall not be held liable for:

• Any errors or damages arising from improper handling, storage, or assembly by the CUSTOMER or third parties.

• Any site misalignment, uneven foundations, or structural discrepancies affecting fit or installation.

• Any delay, cost, or consequential loss resulting from third-party contractors, weather, or conditions beyond the SUPPLIER’s control.

The CUSTOMER is solely responsible for ensuring that site conditions, measurements, and installation are suitable for the supplied structure.

9.1 The SUPPLIER will use its best commercial endeavours to deliver the GOODS and, where appropriate, to complete the SERVICES at the rate and within the time estimated in the SPECIFICATION but the SUPPLIER shall not be liable for any loss or damage whatsoever suffered by the CUSTOMER as a result of any failure by the SUPPLIER, for whatsoever reason, to deliver the GOODS or to complete the SERVICES within the time so specified. Unless specifically agreed in writing between the SUPPLIER and the CUSTOMER time of delivery of the GOODS or completion of the SERVICES shall not be of the essence of the CONTRACT.

9.2 The time estimated within the SPECIFICATION pertains to the manufacturing and assembly of the CONSTRUCTION PROJECT as relevant, excluding the time it takes to complete the DESIGN SERVICES by the SUPPLIER and approve the final designs by the CUSTOMER, prior to manufacture. The estimated time is calculated from the date the CUSTOMER approves the final detailed design drawing. Once approved, any further changes to the design requested by the CUSTOMER may result in considerable delays in the construction lead time as well as changes in CONTRACT PRICE.

9.3 GOODS will not be delivered nor will SERVICES be commenced by the SUPPLIER until all and any approvals, permissions or consents, necessary for the CONSTRUCTION PROJECT have been obtained, including without limitation, any planning permissions, detailed design approvals, or buildings regulations consent. The SUPPLIER will not be liable to the CUSTOMER for any delays in the provision of, or failure to provide the GOODS or SERVICES where such delays or failure arise from matters which are beyond the reasonable control of the SUPPLIER. The CUSTOMER shall be responsible for ensuring the accuracy of any permissions or consents applied for by the CUSTOMER or by the SUPPLIER on behalf of the CUSTOMER.

9.4 Where the SUPPLIER is responsible for the PLANNING SERVICES and the CONSTRUCTION PROJECT fails to obtain all and any necessary consents from the local planning authority through no fault of the SUPPLIER, the CUSTOMER and the SUPPLIER will review reasons for this failure and mutually agree whether to amend the plans and resubmit for the planning or terminate the CONTRACT. If they agree to terminate, the CONTRACT shall terminate forthwith and without any further liability being incurred by either party. The SUPPLIER shall, within 14 days of receiving written notification of such failure reimburse to the CUSTOMER that part of the CONTRACT PRICE already paid by the CUSTOMER less any design services costs incurred to date. The PLANNING FEE paid directly to the local authority shall in such circumstances remain payable by the CUSTOMER. Where the amount previously paid by the CUSTOMER is less than the PLANNING FEE, the CUSTOMER shall pay the difference to the SUPPLIER immediately upon receiving the SUPPLIER’s invoice for the same.

10.1 The property of the GOODS, whether fixed or unfixed, shall not pass to the CUSTOMER until the full CONTRACT PRICE of the GOODS and all sums from time to time owing by the CUSTOMER in respect of the GOODS (but excluding any charges levied for the installation or erection of the goods) to the SUPPLIER (whether under this or any other contract) shall have been paid in full; such goods are referred to as “RETAINED GOODS”. Until payment of all such sums the CUSTOMER shall hold the RETAINED GOODS in a fiduciary capacity for and on behalf of the SUPPLIER.

10.2 Until such time as the property in the RETAINED GOODS passes to the CUSTOMER, the SUPPLIER shall be entitled at any time to require the CUSTOMER to deliver up the RETAINED GOODS and shall be deemed irrevocably to authorise the SUPPLIER to enter upon any of the CUSTOMER’s premises, with or without vehicle, for the purpose of removing the RETAINED GOODS.

10.3 The repossession of RETAINED GOODS by the SUPPLIER in accordance with this clause 8 shall be without prejudice to all or any of the SUPPLIER’s other rights against the CUSTOMER under the CONTRACT.

10.4 The CUSTOMER shall not be entitled to pledge or in any way charge by way of security for any indebtedness the RETAINED GOODS or any part of them which remain the property of the SUPPLIER, but if the CUSTOMER does so, the full CONTRACT PRICE (insofar as it has not been paid) shall (without prejudice to any other right or remedy of the SUPPLIER) forthwith become due and payable.

11.1 Risk and Responsibility for Goods

All GOODS delivered to the CUSTOMER, whether fixed, unfixed, or awaiting installation, shall be at the sole risk of the CUSTOMER immediately upon delivery to site, irrespective of any retention of title, ownership, or payment status under this Contract.

In the event that any GOODS, or any part thereof, are lost, damaged, destroyed, stolen, deteriorated, or otherwise rendered unusable for any reason whatsoever (including but not limited to fire, theft, vandalism, mishandling, improper storage, accidental, environmental, or weather-related damage), the CUSTOMER shall remain fully and unconditionally liable to pay the SUPPLIER the full contract value of such GOODS and any associated WORK, without deduction or set-off, together with all additional costs, expenses, or charges incurred by the SUPPLIER in replacing, reinstating, or restoring the same.

The CUSTOMER is solely responsible for ensuring and maintaining adequate and comprehensive insurance cover for all GOODS and associated works from the moment of delivery, including during unloading, storage, installation, and until payment in full has been received by the SUPPLIER.

For the avoidance of doubt:

• The SUPPLIER shall not be liable for any loss, damage, delay, or consequential costs arising from the CUSTOMER’s storage, handling, or use of the GOODS.

• The CUSTOMER shall not withhold or delay payment for any reason relating to site damage, third-party interference, or events outside the SUPPLIER’s direct control.

• The CUSTOMER’s liability under this clause remains enforceable notwithstanding any insurance claim or failure of the insurer to pay.

Nothing in this clause shall exclude or limit the CUSTOMER’s right to claim for loss or damage directly caused by the SUPPLIER’s proven gross negligence or wilful misconduct.

12.1 Delivery of the GOODS shall be made, and risk of damage to or loss of the GOODS shall pass to the CUSTOMER when the SUPPLIER delivers the GOODS roadside to that CUSTOMER or to a place designated by the CUSTOMER.

12.2 Claims against the SUPPLIER for short or incorrect delivery shall be notified to the SUPPLIER in writing within 7 days of receipt of the GOODS. The SUPPLIER shall make GOOD shortage or errors in delivery within a reasonable time thereafter and the SUPPLIER 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 given to the SUPPLIER as set out above.

12.3 All delivery dates are week commencing and are estimate only. Unless otherwise stated in the SPECIFICATION, provision must be made by either the CUSTOMER or the CUSTOMER’s builder for the SUPPLIER’s waste by form of skip. In the event the CUSTOMER fails to take delivery of the GOODS (or any instalment of the GOODS) or fails to give the SUPPLIER 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 the SUPPLIER’s fault) then without limiting any other right or remedy available by the SUPPLIER, 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, or sell the GOODS at the best price obtainable and charge the CUSTOMER any shortfall below the price of the goods under the CONTRACT.

13.1 If the SUPPLIER is contracted to supply joinery and/or encapsulated glazing, the joinery and the glazing items are subject to installation, care instructions and warranties of the third-party manufacturer.

13.2 The SUPPLIER reserves the right to vary, alter or modify the specifications of the GOODS or materials to those of a similar quality to those materials specified I the event that those specified materials are no longer available or for any reason beyond the control of the SUPPLIER. Should such variation be necessary, the SUPPLIER shall notify the CUSTOMER in writing within a reasonable period from notification that the materials are not available.

13.3 It is the CUSTOMER’s or the CUSTOMER’s building contractor’s responsibility to follow fitting and care instructions as provided by the SUPPLIER. Failure to follow these instructions will invalidate any warranties provided by the third-party manufacturer.

13.4 Unless otherwise stated in the SPECIFICATION, joinery arrives to site with a coat of sealant, however, further protection against water ingress into the timber is required as per third-party manufacturer’s care instructions, and it is the responsibility of and an expense of the CUSTOMER.

13.5 It is completely normal that all timber joinery swells and shrinks with seasonal changes. From time to time, the CUSTOMER may want to adjust the joinery within 12 months of installation, once it has settled. This is an additional service, not included in the CONTRACT.

14.1 If the SUPLIER is contracted to supply Structural Insulated Panels (SIPs) as part of the CONTRACT, these GOODS are subject to warranties provided by the third-party manufacturer.

14.2 The SUPPLIER reserves the right to vary, alter or modify the specifications of the GOODS or materials to those of a similar quality to those materials specified I the event that those specified materials are no longer available or for any reason beyond the control of the SUPPLIER. Should such variation be necessary, the SUPPLIER shall notify the CUSTOMER in writing within a reasonable period from notification that the materials are not available.

14.3 The CUSTOMER shall provide unhindered and uninterrupted access for the third-party manufacturer and installer, to the site for the installation of the works and warrants that should such access not be provided, as required by the CONTRACT, the CUSTOMER shall be liable for any loss or costs caused to the SUPPLIER with respect to labour, material storage, extended management costs and other overheads, legal fees or any other loss or damage suffered by the SUPPLIER.

15.1 If included in the SPECIFICATION, quotations for insulation may be subject to change due to building regulation requirements. All changes due to building regulation requirements not shown or included in our quotation are over and above our quotation and will be charged.

15.2 Unless specifically listed in SPECIFICATIONS, the following is excluded from the CONTRACT, by way of example:

15.2.1  Partition walls, additional studwork or carcassing, plasterboard or insulation of any kind 15.2.3 Sandblasting, cavity trays, brickworks, making good to an adjoining building. Electrical work, plumbing, fitting, plastering or decorating

15.2.3 Landscaping, or any drive work including reparatory or restoration work to existing drive

15.2.4 Structural calculations for anything other than the oak frame, unless stated in SPECIFICATION. Structural calculations for the subframe are also excluded

15.2.5 Full cleaning or sandblasting of the oak frame, as the SUPPLIER is unable to quantify the amount of cleaning required prior to completion of the build.

15.2.6 Treatment of the oak against wood boring infestations. Whilst these may appear in oak, they are not a rule and have no effect on structural integrity of the oak frame. The SUPPLIER is happy to offer advice if required

15.2.7 Leadwork for any part of the build, unless specifically stated. If lead is required, then it must be supplied by the CUSTOMER.

15.2.8 Felt, tile, batten, guttering, fascia, soffit or any other works specific to roofing.

15.2.9 Other bespoke design work, structural calculations not specifically detailed in the SPECIFICATION

15.2.10 Building regulations drawings, fees or charges. 15.2.11Planning applications or planning fee (if necessary), unless specifically priced for in the planning and listed buildings consent section.

16.1 In all cases the CUSTOMER is responsible for the accuracy of the groundwork or building footprint in relation to their house and garden. The CUSTOMER will be responsible for agreeing the footprint setting out prior to excavation of foundation. It is the CUSTOMER’s responsibility to ensure the foundations are both present and correct to the agreed designs at the point the SUPPLIER arrives on site to commence assembly.

16.2 The CUSTOMER shall provide:

16.2.1 Suitable access for delivery vehicles up to 40 tonnes on firm ground and space to enter, unload the GOODS to a suitable assembly area, manoeuvre and exit safely.

16.23 Suitable access and space on firm ground lifting equipment, cranes up to 50 tonnes and other machinery required for the provision of the SERVICES. There must be no overhead obstructions such as telephone or electrical wires or other such encumbrances to impede the progress of the job or the crane.

16.2.3 Adequate space for the stacking and access of the materials necessary to assemble the building. 16.2.4 Adequate and accessible sources of both water and electrical power.

16.2.5 Safe scaffolding as may be necessary for standard Health and Safety requirements. Temporary decking for safe working at height if required.

16.3 The CUSTOMER shall be responsible for rectifying any damage to any lawn, hedge, driveway or other CUSTOMER property caused by the provision of the SERVICES including the use on the site of any heavy goods vehicles or machinery unless such damage is caused by the negligence of the SUPPLIER who, in such circumstances shall be responsible for the same. The SUPPLIER will quote any repair work required but will not be responsible for cost allowed.

16.4 Unless otherwise stated in the SPECIFICATION, the CUSTOMER is responsible for providing waste disposal, sanitary equipment and safe tool storage on site.

17.1 Oak contains natural tannins, these may leach out during the first few months after installation, manifested in brown staining to surrounding finishes. All stain marks are natural and will occur and normally fade with time. Any site protection of goods or fixtures from staining must be done by others eg. Driveway, dwarf walls etc.

17.2 Unless stated in the SPECIFICATION, the CONTRACT PRICE does not include the cleaning of the oak frame after the build is complete. The SUPPLIER cannot take responsibility for staining and markings left on the oak frame by the CUSTOMER or the CUSTOMER’s other building contractors. For this reason, it is not possible to make provision for oak frame cleaning at the end of the build. Oak cleaning after the build completion is available at additional cost as necessary.

18.1 It shall be the sole responsibility of the CUSTOMER to comply in every aspect with all relevant Planning and Building Regulations requirements, statutes, 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 notwithstanding that the SUPPLIER may provide assistance in this respect.

19.1 Upon entering into the CONTRACT, the CUSTOMER shall forthwith pay to the SUPPLIER a deposit equivalent to a percentage of the CONTRACT PRICE, as outlined in the SPECIFICATION.

19.2The CUSTOMER agrees to make payments as per schedule outlined in the SPECIFICATION.

19.3 Should the CUSTOMER delay approval of Detailed Design, which in turn will delay production, or should the CUSTOMER delay delivery of manufactured GOODS due to personal circumstances or delays on site, CUSTOMER shall adhere to the payment schedule as agreed in the SPECIFICATION. Should these delays be lengthy, the SUPPLIER may issue additional invoices to cover the cost of safe storage of the GOODS.

19.4 The SUPPLIER may suspend delivery of GOODS or the provision of the SERVICES at any time when any sum pursuant to clauses 16.1 and 16.2 above are due but unpaid

19.5 The CUSTOMER shall not be entitled to withhold payment as a result of any failure of any other contractor in complying with the terms of that contractor’s agreement with the CUSTOMER in connection with the CONSTRUCTION PROJECT.

19.6 All payments made pursuant to this clause 18 shall be made without set-off, deduction or counterclaim by the CUSTOMER.

19.7 Interest will be charged monthly on unpaid accounts at the rate of 4% above the Interbank Rate as published in the Financial Times.

20.1 The SUPPLIER 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, 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”).

20.2 The SUPPLIER shall notify the CUSTOMER as soon as reasonably practicable after the circumstances preventing performance arise. During the continuance of such an event of Force Majeure theUPPLIER’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.