Terms And Conditions | First Class Timber

Terms and Conditions

“We” means:

First Class Timber Ltd

(Company no. 12247030)

Little Bethel

Church Street

Long Buckby

Northamptonshire

NN6 7QH

(Above address is for all correspondence)

These terms and conditions may be altered from time to time as we deem necessary.

“You” means the person or persons or business 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:

The contract between us

Before your order can be accepted we must receive payment of the whole of the price for the goods that you order by arrangement as detailed on invoice. Once full payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form or by other forms of communication. This document is called an Acknowledgement – Customer Copy and is headed as such.

Our acceptance of your order brings into existence a legally binding contract between us. Under the Retention of Title Clause (Sale of Goods Act 1979) 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. This is including Contractors selling items purchased from First Class Timber Ltd and sold off before outstanding balances are paid up. First Class Timber Ltd reserves the right to recover it’s property from third party members.

Price

2.1 The price & payment terms payable for goods that you order are as set out in our website or by separate arrangement and detailed on invoice.

2.2 You will be required to pay for delivery unless by prior arrangement and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

2.3 Payments by following methods are subject to following Maximum Limits. Credit and Debit Card Payments to Maximum value of £8,000.00. Bank transfer payments are accepted without Maximum Limit. We may at our discretion require payments for bespoke or machined orders to any profile other than FCT01 OR FCT02 to be made by bank transfer. Credit Purchases are offered and governed by the lender.

2.4 Displayed Prices are subject to alteration without notice.

2.5 By making a deposit payment you automatically confer on us the right to take balance payments from the same card details that were used to pay the deposit. We will only use this method if we have exhausted usual methods to communicate you to give you the opportunity to choose another payment method. We may use this method at any time to recover an outstanding debt.

2.6 VAT invoices for payments are usually sent and are also available on request. Order confirmation is considered to be proof of purchase.

Rights for you to cancel your contract

3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

*In the event that the goods ordered are manufactured against your order or are bespoke in any way and you cancel the contract:

Bespoke Machined to order Terms:

- In Accordance with the Distance Selling Regulations – “Bespoke or Machined To Order” products cannot be cancelled and you will not receive a refund. We offer the following Exceptions:

- Cancellation within 7 days of the order being placed will incur no cost (provided the goods have not been delivered or the raw material machined).

- Cancellation after 7 days and up to 14 days will incur any costs placed on us by our partner sawmills with the balance of any payment being refunded to you or owed by you within 30 days. Cancellation from 15 days after date of order is not possible and goods must be paid for in full.

- If goods are delivered in condition deemed unacceptable by customer, we will request photo proof before agreeing to swap the batch of timber or number of lengths in question, we would work to swap the necessary lengths of timber, we can refuse your requests to return or cancellation if the order is machined to order and within the grading system on this website.

- If machined to order goods have nothing wrong with them and you ask to return them we can choose to decline.

- COVID & Supply Chain Breakdown, we cannot be held liable for unexpected delays brought upon us by the pandemic, the nature of our trade is international and delays at ports and sawmills and every part of the supply chain are to be expected, if your order is late for delivery because of COVID and supply chain breakdown then you cannot cancel your order unless your raw material is not yet in the UK, you have secured your order at a set price we are obligated to fulfil this does not apply to FCT01 OR FCT02 profiles of timber only the machined to order service.

This is for any machined to order service.

3.2 Except as for Bespoke products to cancel your contract you must notify us in writing quoting your order reference number.

3.3 Except as for Bespoke products if you have received the goods before you cancel then you must send the goods back to our contact address or an address of our choosing, at our discretion, at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. You may by notice ask us to collect the goods from you at your cost at the price to be determined by us. When we or our suppliers have dispatched the goods, the goods are deemed to have been delivered, the delivery driver can make delivery and attain proof if nobody is present to accept, only if you permit us to do so.

3.4 Except as for Bespoke products once you have notified us that you are cancelling your contract any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of your cancellation PROVIDED THAT the goods in question are returned by you and received by us or our supplier, entirely at our discretion, in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

3.5 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 any way – including colour fall outside the remit of the Distance Selling Regulations. Any product that is in any way bespoke or made against your order is not returnable. That applies only to our machined to order service which is any profile other than FCT01 OR FCT02, planed tongue and groove considered generic stock.

Distance Selling Regulations are not applicable to business customers.

3.6 The provisions herein do not affect your rights under the Consumers Rights Act 2015.

Cancellation by us

4.1 We reserve the right to cancel the contract between us if:

4.1.1 we have insufficient stock to deliver the goods you have ordered, if for any reason we are unable to manufacture or deliver the ordered timber.

4.1.2 we do not deliver to your area see delivery page; or

4.1.3 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; or

4.1.4 Unexpected or Excessive Currency Exchange Fluctuations; or

4.1.5 Supplier being unable or unwilling to supply the goods owing to political, military or other reasons; or

4.1.6 Web Site or Other Technical fault results in Displayed Pricing being incorrect.

4.2 In the event that we are unable to deliver owing to factors beyond our direct control then a Force Majeure will take effect whereby we will cancel and refund your order with effect immediately and outside the scope of other regulations. Please see clause 8.1 below.

4.3 If we do cancel your contract we will notify you by email/postal latter/phone call 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. We will not be obliged to offer any additional compensation for disappointment or any consequential loss suffered.

4.4 Online orders are subject to minimum order value of £1000 + VAT, we may choose to fulfil order below this value if you are local to us or your order is financially viable for us to fulfil.

4.4.5 Orders for small amounts over long distances will be cancelled, eg 10 lengths to Cornwall.

Delivery of goods to you

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. However, we cannot be held responsible for any delay in delivery due to matters beyond our control including weather and driver’s sickness or international supply chain breakdown caused by COVID. Delivery drivers will be helpful and try to comply with reasonable delivery requirements but it should be assumed that delivery is Kerb Side and that your helpful assistance is required offloading. 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 driver’s discretion but is entirely at your risk and your responsibility. Any damage incurred owing to weight of delivery vehicle/driver negligence or any other damage is entirely at your own risk and you agree to be responsible for any costs in making good.

5.2 Delivery will be made as soon as possible after your order is accepted unless subject to other arrangement.

5.3 Please note: that for legal reasons when applying for finance the goods have to be delivered to the billing address that is given when applying for finance.

5.4 It is essential that you check the product you are receiving is the correct product before you use it or fit it. Liability in failure to exercise this action is yours.

5.5 You will become the owner of the goods you have ordered when they have been delivered. Once goods have been delivered to you via kerb side service in designated areas they will be held at your own risk and we will not be liable for their loss or destruction. Goods that have been delivered to a company or person and subsequently deemed not returnable in same condition delivery was made in are not refundable, said assets remain property of First Class Timber unless paid in full before delivery is made First Class Timber can report to your personal and or business credit reference agency's without your permission.

5.6 If for any reason delivery cannot be made to the ordering address it is your responsibility to provide an alternative address to where delivery can be made. We may charge for this. The charge shall not exceed any cost imposed on us by the carrier.

5.7 Delivery times are not guaranteed Delivery Schedules are not guaranteed and are offered as a guideline to likely potential schedules and can change

5.8 You are strongly advised not to book any contract assembly or any other work for your delivery until the consignment has been delivered, especially if there are shortages. We shall have no liability for any third party costs such as builders carpenters lost days off work etc.

5.9.

Liability

6.1.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.

6.1.2 We shall have no liability to you in the event that the goods are damaged following delivery.

6.2 All delivery periods stated are “advisory” and estimated. We shall have no liability whatever for delayed delivery.

If you notify us of any defect or shortage on delivery our only obligation will be, at our option:

6.2.1 to make good any shortage or non-delivery;

6.2.2 to replace or repair any goods that are damaged or defective; or

6.2.3 at our discretion to collect any goods and/or to refund to you the amount paid by you for the goods in question in whatever way we choose.

6.2.4 The basic design of the timber is to be as shown on the website or as otherwise arranged. However we reserve the right to make changes to the machined profile design, FCT01, 02 so on. Also as our partner sawmills may make minor changes at any time without notifying us we reserve the same right to pass on said changes.

6.2.5 In the event of any claim being made under the guarantee or owing to damage in transit (except as per 6.2.6 below) or for any other reason: We reserve the right to request photographic evidence to support any claim. We reserve the right not to fulfil any claim until such satisfactory evidence is received. Such evidence as shall be sent will not be considered conclusive or final. As per Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2016 – any and all damaged goods must be reported within 14 days of delivery.

6.2.6 In the very unlikely event of damage to wood, you must send us supporting evidence, photo or video by email, or post. Claims for damage cannot be supported without such evidence.

6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.

6.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that you may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

6.5 Customers businesses or individuals who have or have not purchased from First Class Timber Ltd who leave negative reviews anywhere online that are considered defamation, sensationalistic, malicious or un true will be subject to being sued, and in the event of a customer leaving such a review before returning goods for a full refund we reserve the right to indefinitely hold 75% of a customers refund and to further sue the customer if the review is not removed. If a customer attempts to charge back funds in this scenario then we will pursue criminal charges for chargeback fraud, defamation and loss of company profits. Any unpaid funds owed to us after 90 days will be added to your credit profile as defaulted debt in arrears which could lower your credit score to the point your creditors cancel and recall credit lines you have open.

Notices

Unless otherwise expressly stated in these terms and conditions all notices from you to us must be in writing and sent to:

First Class Timber Ltd

Little Bethel

Church Street

Long Buckby

Northamptonshire

NN6 7QH

or email to the following address: sales@firstclasstimber.co.uk

Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, pandemics and international supply chain breakdowns. Further we shall have no liability for any consequential loss that you may suffer as a result of the terms within this clause or any feature within clause 4.

NO responsibility is accepted for non-compliance with building regulations or planning requirements pertaining to any situation – please ensure you have thoroughly checked these requirements and have acted accordingly if pertinent to you.

We do not advise on planning permission or building regulations.

We do not warrant the accuracy of information displayed herewith nor on the website with regards to Planning Permission or any other regulatory/statutory requirements.

All text referring to Planning Permission, Building Regulations and any other statutory Requirement is information as we understand it only. It is not definitive nor exhaustive nor is it warranted to be accurate. There may well be local or National issues in your area that require compliance that are not detailed here. We accept no responsibility for the accuracy, completeness or otherwise of this text. For full and definitive information on Planning Permission, Building Regulations or any Other Statutory Requirements please contact your relevant authority.

Images shown on the website are intended as a guide only. Actual product may vary from the image, due to natural varying nature of timber. All products are supplied untreated or unpainted unless stated otherwise. Any accessories or painted finish is intended to be illustrative but is not defining of colour or features.

8.1 Timber:

You accept that wood is a natural material. It differs from man-made materials and each piece of timber will have grains and knots which will vary in quality.

8.2 Warranty: 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 website. Any warranty such as may exist is a manufacturer’s limited warranty and all warranty issues shall be deemed and governed by the Manufacturer. Warranty is always based on full compliance with manufacturer’s recommendations for assembly, treatment, maintenance, use and is always limited to the original purchaser for UK domestic use only.

8.3 In the event of any part being replaced under a warranty it is your responsibility to fit that part.

8.4 We accept no responsibility whatsoever for the content of any websites other than websites owned by First Class Timber Ltd. We do not warrant the accuracy or provide information to any websites that purport to offer information regarding us or our products whether said websites are linked to our websites or not. We explicitly do not warrant the accuracy or in any way support any information displayed on websites other than our own sites as listed on firstclasstimber.co.uk

8.5 As to the warranties we do not provide any since the timber products we supply are of high long lasting quality and as such is unnecessary to provide warranty.

Invalidity

If any part of these terms and conditions is unenforceable (including any provisions in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

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.

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.

Entire agreement

These terms and conditions, together with our current prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentations, we shall have no liability for any such representation being untrue or misleading.

It should be noted: We do not “Recommend the Services of any Assembling Company or Individual”. You are responsible for validating the insurances, Qualifications and any work carried out by anyone except and unless provided directly by us and invoiced by us. 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. First Class Timber shall not be responsible for any unauthorised modifications to the cladding or any occurrence relating to the effect of any modifications whatsoever.

First Class Timber Ltd is a trademark owned by First Class Timber Ltd (Company no. 12247030).

Errors and Omissions are excepted.

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Terms and conditions of website usage

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern First Class Timber Ltd's relationship with you in relation to this website.

The term First Class Timber or “us” or “we” refers to the owner of the website whose Office is:

(Company no. 12247030)

First Class Timber Ltd

Little Bethel

Church Street

Long Buckby

Northamptonshire

NN6 7QH

The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Products are subject to removal and/or image or description change without notice.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
You may not create a link to this website from another website or document without First Class Timber Ltd's prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and under jurisdiction of English Courts.

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided by First Class Timber Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of First Class Timber Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However First Class Timber Ltd takes no responsibility for, and will not be liable for, the website being temporarily or permanently unavailable due to technical issues or for any other reason both within and beyond our control.

Errors and Omissions are excepted.

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