TERMS AND CONDITIONS

In these Conditions of Sale the following terms shall have following meanings: “The Company” is Newton & Frost. “The building(s)” is the building, erection or construction or the part or parts thereof described in the Order including all items incidental or ancillary thereto as specified in such Order. “The Customer” is the person or persons, firm or company who has agreed to purchase the building(s). No variation of these conditions shall apply unless confirmed in writing by the Company from its’ head Office. No employee, other than a director, has the authority to verbally or in writing, agree any variation of these terms.

Payment

A non-refundable deposit of 50% of the cost is to be paid at point of sale, with the balance to be paid prior to delivery.

Subject to the agreed deposit having been paid to the selling agent, the balance of payment is due to the Company once the customer has been notified by the Company of the agreed delivery date. Payment can be made by credit card, debit card, bank draft or personal cheque. The sums shall not be treated as paid until all cheques, bills etc. have been honoured. Until the Company has been paid in full of the building(s) even though the risk shall have been passed to the customer, the property of the building(s) shall not pass to the customer but remain vested in the Company until full payment has been received by the Company and until such time the customer shall hold the building(s) as Bailee for the Company. Failure to pay on time will delay delivery.

In the event of default by the customer, the Company shall be entitled forthwith to repossess any building(s) which remain the property of the Company and the customer shall for the purpose allow the Company access and entitlement to enter the premises where the customer is in occupation or to where he has access and where any such building(s) may be for the purpose of such repossession. The customer shall only be at liberty to resell the goods purchased from the Company prior to the passing of title on the condition that it will hold on trust for the Company so much of the proceeds of the sale as are necessary to discharge payment in full to the Company.

Order Details

Where the customer requires a delay in the immediate processing of an order, the Company reserves the right to vary the price accordingly or request that the building/s is/are paid for in full at the time of order or the Company is notified of the customer’s intention to delay the order. The Company reserves the right to make minor alterations to the specification without notice.

Illustrations, photographs, descriptions, information and statements contained in the Company’s brochures and literature are intended only as a general guide and do not form any contract.

It is the responsibility of the customer to ensure that all permissions, approvals and other consents are obtained and the customer will keep the Company indemnified against all liability costs and expenses which may arise in the event of the building/s being erected without any necessary permission, approval or consent.

Typographical and/or clerical error or omission shall be subject to correction.

Delivery

It is the responsibility of the customer to advise the Company of any overhead power cables and other services and obstructions that may cause injury or harm, at point of sale.

The Customer shall give full and proper address details sufficient to clearly identify the delivery address.

All dates and periods of time given or specified by the Company or the selling agent, in quotations and contracts are business estimates only and although the Company will use its’ best endeavours to adhere to any dates or periods of time given, the Company shall not be liable in any way whatsoever for direct or consequential loss including earnings, for time taken by the customers to attend the delivery which may result from the delay in the delivery of any building.

The Company cannot be held responsible for any delays caused by adverse weather conditions, transporting delays or by any other cause beyond the control of the Company and such delays shall not be a basis for cancellation of the order.

The Customer shall notify the Company if there are any difficulties regarding access from the public highway to the customer’s address where the building(s) are to be delivered and upon such notification, the Company reserves the right to make an additional delivery charge. Failure to provide suitable access will result in the building being left as near as possible to your access point. The customer needs to be aware that delivery vehicles can range from a 3.5t transit flatbed up to a 26t HGV lorry. Hard road/drive access is imperative for the HGV. When ground conditions permit, it may be possible for our other vehicles to gain access by prior arrangement. The delivery vehicle size can be discussed at point of order. In addition, where the building is being erected by the Company, it is the responsibility of the customer to ensure that access for the building through the customer’s premises to the erection site is suitable, bearing in mind the manufactured panel sizes of the building ordered.

The customer must provide us with legal parking space for our vehicles whilst the work is being carried out together with any permits or parking tickets, which if required, will be supplied to us free of charge.

Whilst we take all reasonable care, any damage to lawns, driveways, fields etc. will be the responsibility of the customer.

The customer hereby agrees to allow adequate access during working hours (7.30am-8.00pm Mon-Fri) at the time of delivery. Failure to provide this, the building will be delivered and left at the front of the property and if the building(s) was to be installed it will be the customer’s responsibility to arrange their own installation without any reduction in cost from the Company.

Installation

We require a minimum clearance of 600mm at the sides and rear of the building, 1.5m to the front and 1.5m above the roof. For installation purposes, the customer further agrees to be responsible for providing a clear working area, including the moving of any shrubs, plants, trees and any cables as necessary.

Toilet facilities are to be made available to our staff.

Where the Company is undertaking the erection of a building on the customer’s prepared base area the customer is responsible to ensure that the base area is firm, level, the correct size and completed. Soil or turf is not adequate for permanent buildings. If on arrival of the Company’s installers, the base area proves to be unsuitable, the Company reserves the right to make an additional charge to cover labour and travel expenses.

If concrete, groundwork or brickwork plans are issued, the customer is to ensure that the plans are followed with a high degree of accuracy, with no more than 15mm tolerance being suitable for us to construct the building on. We will require the concrete and brickwork to be completed two weeks prior to installation. We will then require a site visit to check the work before we can commence installation.

Where the Company undertakes the installation of the building(s) it will ensure that reasonable care and skill is employed in carrying out the work. The Company may sub-contract the whole or any part of the work.

The customer shall inspect the building(s) on delivery and shall notify the Company in writing within 7 days of any complaint that the building(s) is incomplete and/or damaged and failing such written notification, the customer shall be deemed to have accepted the building(s) as complete and intact.

Timber is a natural material which can absorb and release moisture. Under certain conditions, some movement is unavoidable. In very hot weather, timber may distort although they should return to normal in cooler conditions. The Company cannot be held responsible for shakes, shrinkage, splits and knots which are natural features of timber.

It is the responsibility of the customer to treat untreated buildings as soon as possible following installation.

The risk in the building(s) shall pass to the customer upon delivery to the designated address.

The Company recommends the customer maintains an adequate flow of air through the building to prevent condensation. The Company does not give a guarantee, warranty or other representation against condensation.

Adjustment of doors and windows may be required. These adjustments or repairs are the responsibility of the customer. Our installers are happy to advise upon request, whilst on site.

The Company does not take any responsibility for self-install buildings, or any alterations made to the building by the customer.

The Company will not be responsible for any damage caused by adverse weather conditions.

The company, may from time to time offer advice as to the placement of mobile structures. However, ultimate responsibility for the location’s suitability lies with the client in all instances. All sites require to be reasonably level and where future re-positioning may be intended, then aforethought should be given to how the movement can be achieved. It should be noted that mobile structures erected on ground that is out of level or undulating are more likely to suffer from structural or weathering problems over time due to the settlement of the structure into the land profile.

Planning

It is the responsibility of the customer at all times, to ensure that the building is compliant with all planning and building regulations.

The Company may alter these terms and conditions from time to time and post a new version on the website, these supersede all previous versions. It is the responsibility of the customer to check the latest version of the terms and conditions on the website on a regular basis. The Company recommends printing a copy of the terms and conditions for future reference. This does not affect your statutory rights.