Terms & Conditions

1. DEFINITIONS

          In this document the following words shall have the following meanings:

• 1.1 "Consumer" shall have the meaning ascribed s.2 of the Consumer Rights Act 2015.
• 1.2 "Customer" means any person who purchases Goods and Services from the Supplier.
• 1.3 "Goods" means the articles specified in the Proposal.
• 1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier.
• 1.5 "Services" means the services specified in the Proposal.
• 1.6 "Supplier" means Lune Valley Timber Buildings Ltd T/A Lune Valley Pods, Unit 2 Heysham Business Park, Middleton Road, Heysham, LA3 3PP.
• 1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

 

2. GENERAL

• 2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
• 2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
• 2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
• 2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
• 2.5 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this agreement this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
• 2.6 You agree to indemnify us for reasonable costs that we may incur in the enforcement of our rights under this Agreement, including without limitation legal costs and expenses.

 

3. THE ORDER

• 3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days.
• 3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
• 3.3 All orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

 

4. PRICE AND PAYMENT

• 4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
• 4.2 Payment of the price shall be in the manner specified in the Proposal.
• 4.3 Full payment of the balance owing is due a minimum of 21 days prior to confirmed build date.
• 4.4 If the Customer fails to make any payment within 7 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 5% per Calendar month on the outstanding amounts.
• 4.5 You agree to pay all sums due under this agreement without any discount, deduction, set-off or counterclaim whatsoever.

 

5. DELIVERY

• 5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery of the Goods.
• 5.2 All risk in the Goods shall pass to the Customer when they are in the physical possession of the Customer.

 

6. TITLE

          Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

 

7. CUSTOMER'S OBLIGATIONS

          To enable the Supplier to perform its obligations the Customer shall:

• 7.1 Co-operate with the Supplier.

• 2 Provide the Supplier with any information reasonably required by the Supplier; (page 2)

• 7.3 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
• 7.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.

 

8. SUPPLIER'S OBLIGATIONS

• 8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
• 8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
• 8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
• 8.4 In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery. This includes double glazing units and other third-party products used in the construction of a Lune Valley Timber Buildings Ltd T/A Lune Valley Pods building.
• 8.5 The Supplier provides the following structural warranty in relation to the Goods supplied: The Supplier warrants the structural integrity of any Lune Valley Timber Buildings Ltd T/A Lune Valley Pods building supplied for a period of not less than 10 years from the date of delivery.
• 8.6 This warranty is subject to the following conditions:

• (a) The Customer must notify the Supplier in writing immediately upon being aware of any defect.
• (b) The Goods must be maintained in good condition and regular maintenance carried out as per instructions provided by the Supplier.
• (c) The Goods must not be relocated from their original delivery position except by arrangement with the Supplier.
• (d) The Supplier must be afforded every opportunity to remedy any defect.
• (e) If your pod is clad with timber which as a natural product and may in time produce shakes, curling, bowing etc. These will not affect the structural integrity of the unit and are therefore excluded from the warranty.

9. CANCELLATIONS AND REFUNDS

• 9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement Goods.
• 9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full.
• 9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid will not be returnable.

 

10. LIMITATION OF LIABILITY

• 10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
• 10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
• 10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

 

11. FORCE MAJEURE

          Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, pandemics, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

12. SEVERANCE

          If any term or provision of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

13. DATA PROTECTION

• 1 Where the Company processes any Customer Data, the Company will comply with all requirements and obligations under the Data Protection Laws.

• 13.2 The Customer shall notify all users of the:
• (a) Nature and identity of the Company as a data processor.
• (b) Categories of personal data transferred; and
• (c) Privacy Policy.
• 13.3 The Company shall:
• (a) Update the Privacy Policy (where necessary to remain compliant with the Data Protection Laws); and
• (b) Maintain a valid and subsisting registration with the Information Commissioner’s Office to process the Customer Data (where required to do so).
• 13.4 The Company shall only process the Customer Data it reasonably requires providing the Services. All Customer Data processed by the Company shall be in accordance with the Privacy Policy (to the extent it complies with the Data Protection Laws) and the Customer’s written instructions.
• 13.5 The Company shall:
• (a) Ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of, and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected (having regard to the state of technological development and the cost of implementing any measures).
• (b) Ensure that all personnel, contractors, agents, or representatives who have access to and/or process personal data at any time are:

• (c) Limited only to those natural persons who need access to the personal data for the Company to meet its obligations under these General Conditions.

 

• (d) Informed of the confidential and sensitive nature of personal data; and
• (e) Are aware of their obligations, and data subjects’ rights, under the Data Protection Laws.

• (f) Assist the Customer (at the Customer’s cost) within a reasonable period in responding to any request from a data subject in connection with any exercise of any of its rights under the Data Protection Laws and to provide assistance with respect to security, breach notifications, impact assessments and consultations, where requested.
• (g) Provide, on request, a copy of all personal data held by the Company in the format and on the media reasonably specified by the Customer (at the Customer’s cost);
• (h) Notify the Customer as soon as reasonably practicable on becoming aware of a personal data breach, including if any personal data is lost, destroyed or becomes damaged, corrupted or unusable, and where requested or required to assist, to notify the data subject of such breach;
• (i) Keep and maintain complete and accurate records and information of any processing of personal data it carries out on behalf of the Customer, and permit (on reasonable notice), the Customer (or the Customer’s representative) to inspect all such records relating to the processing of personal data by the Company to demonstrate its compliance with this clause 23; and
• (j) Notify the Customer (as soon as reasonably practicable), if it has been given an instruction which doesn’t comply with the Data Protection Laws.
• 13.6 The Customer acknowledges that the Customer Data will be processed by the Company through:
• (a) Hosting on third party systems; or
• (b) Processed by staff in offices located.

• 13.7 Outside of the EEA or a territory deemed to ensure adequate protection of personal data by the European Commission. Detailed information about the Customer Data affected, and relevant third parties, is available in the Privacy Policy.

• 13.8 By signing this Agreement, the Company:
• (a) Expressly consents to the transfers of Customer Data contemplated by Part 2.6 of this Schedule 1; and
• (b) Warrants that it has the relevant consent of all affected data subjects to the transfer (as required by the Regulation.

 

14. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England, Wales and Scotland and the parties hereby submit to the exclusive jurisdiction of the English/Welsh/Scottish courts.