Terms & Conditions

Terms and Conditions of business

  1. Application
    1. Any contract between the buyer (the “Buyer”) and Timber Connection Ltd (the “Company”) in relation to the sale of goods (“Goods”) shall be on these terms and conditions.
    2. Any variation to these terms and conditions shall have no effect unless expressly agreed in writing and signed by a director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or givenby or on behalf of the Company which is not set out in these terms and conditions or in the order confirmation sent to the Buyer by the Company (the “Order Confirmation”).
    3. Each order placed by the Buyer shall be deemed to be an offer to purchase Goods subject to these terms and conditions.
    4. No order by the Buyer shall be deemed to be accepted by the Company until a written Order Confirmation acknowledging the order is issued to the Buyer by the Company.
  2. Description of Goods
    1. The quantity and description of the Goods shall be as set out in the Order Confirmation. The Goods are sold by grade only and not for specific production.
  3. Cancellation
    1. The Buyer may not cancel the order once an Order Confirmation has been sent to the Buyer.
    2. The Company may cancel an order by the Buyer if the Company is satisfied that the Buyer may not be able to pay for the order and any other outstanding orders or amounts due to the Company. Such cancellation by the Company will be without any liability whatsoever to the Buyer.
  4. Payment
    1. All Goods are sold subject to the payment terms specified in the Order Confirmation.
    2. Time for payment shall be of the essence and no payment is deemed received until the Company has received cleared funds.
    3. The Buyer shall make all payments due without any deduction by way of set-off, discount, counterclaim or otherwise.
    4. If the Buyer fails to pay the Company any sum due the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 5% above Bank of Ireland base rate from time to time amended. Such interest will accrue on a day to day basis until judgment or payment in full is received.
  5. Delivery/Non-Delivery
    1. Unless otherwise agreed in writing delivery will take place at the Buyer’s place of business.
    2. The Company shall arrange the carriage of the Goods to the Buyer’s address. The Buyer will be responsible for the delivery costs which will be set out in the Order Confirmation.
    3. If the Buyer arranges to collect the Goods, the Goods are to be collected from the Company’s warehouse or other such address as to be directed by the Company. In such circumstances the Buyer will be responsible for and must insure the Goods prior to collection. Such insurance is to be at the Buyer’s cost.
    4. Any dates for delivery of the Goods are intended to be an estimate and time shall not become of the essence by notice. If no dates are specified in the Order Confirmation, delivery shall be made within a reasonable time.
  6. Retention of Title
    1. The risk in the Goods shall pass from the Company to the Buyer upon delivery of such Goods to the Buyer. However, notwithstanding delivery and the passing of risk in the Goods, title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Company has received in cash or cleared funds payment in full for all Goods delivered to the Buyer under this and all other contracts between the Company and the Buyer for which payment of the full price of the Goods thereunder has not been paid. Payment of the full price of the Goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Company and the Buyer under which the Goods were delivered.
    2. Until full legal and beneficial ownership passes to the Buyer the Buyer shall insure the Goods against all risks and store them in a manner that they are easily identifiable as the Company’s property.
    3. The Buyer grants the Company, its representatives, agents or employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored to recover any Goods for which the Buyer’s right to possession has ceased in accordance with this clause.
  7. Limitation of Liability
    1. The Company shall not be liable to the Buyer in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Buyer for any losses at all including losses of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.
    2. Nothing in these terms and conditions excludes or limits the liability of the Company for 
      1. Death or personal injury caused by the Company’s negligence;
      2. fraudulent misrepresentation or
      3. any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.
  8. Law and Jurisdiction
    1. The validity, construction and performance of this agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English court to which the Buyer and the Company submit.