Logstyle Ltd, whose registered office is Ponteland,
Northumberland, NE20 9JJ
Customer
The person(s) firm or company who purchases the Logstyle building(s)
from the Company
The Logstyle Building
The Logstyle building(s) specified in the order confirmation
These Terms and Conditions are the only basis on which the
Company undertakes business and constitute the entire Agreement
between the parties. For the avoidance of any doubt no terms
or conditions which the Customer purports to apply under any
purchase order, specification or similar document will form
part of the Agreement.
1. Orders
1.1 All orders will be formally accepted by the Company by
the issue of an order confirmation. An order confirmation
will only be issued following receipt of an order together
with the requisite deposit.
1.2 If for whatever reason no formal order confirmation is
issued by the Company, the Customer in accepting delivery
and installation of the Logstyle building(s) shall be bound
by these Terms and Conditions.
1.3 Once the order confirmation has been issued by the Company
to the Customer it may only be cancelled or the installation
date deferred with the written agreement of the Company signed
by a director and on the condition that the Customer indemnifies
the Company for all costs incurred as a result of the cancellation
or deferment including labour, materials, any other charges
and expenses.
2. Installation
2.1 The Logstyle building(s) shall be installed by the Company
at the address specified in the order confirmation unless
otherwise agreed in writing. For the avoidance of any doubt
the Logstyle building(s) is installed as an empty unit unless
otherwise specified.
2.2 Any date specified by the Company in the order confirmation
for the installation of the Logstyle building(s) is approximate
only and will be confirmed by the Company at least 5 working
days before installation. This date shall not be made of the
essence by virtue of this confirmation. Where no dates are
specified, installation will be within a reasonable time.
Subject to the other provisions of these Terms and Conditions
the Company will not be liable for any loss, costs, damages,
charges or expenses caused directly or indirectly by any delay
in the delivery or in the actual installation of the Logstyle
building(s), nor will delay in installation entitle the Customer
to terminate or rescind the Agreement. Any liability of the
Company for non-delivery of the Logstyle building(s) shall
be limited to refunding the deposit (if any).
2.3 The Customer must ensure that the installation site is
easily accessible and there is adjacent all day parking for
a 7.5 tonne lorry. In addition that the installation site
is sound, level and free from any obstructions or dangers.
For all Logstyle models “sound” means that the
Customer must ensure that a hard standing base is provided
on which to install the Logstyle building(s). The Company
shall use all reasonable Endeavours’ not to cause damage
to the Customer’s property and shall make good any damage
caused.
2.4 If in the reasonable opinion of the Company the installation
site does not comply with any of the requirements set out
in Clause 2.3 the Company may in its absolute discretion either
defer installation until such time as the Customer has resolved
the matter to the Company’s reasonable satisfaction
or the Company may cancel the Agreement by written notice
with immediate effect. The Customer shall indemnify the Company
for all additional costs incurred due to any such deferment.
Where the Agreement is cancelled pursuant to this Clause the
Customer’s deposit will be returned less an amount in
respect of all the Company’s charges and expenses in
connection with the Agreement up to the time of such cancellation.
Where the installation has been deferred but the Customer
has not resolved the matter to the Company’s reasonable
satisfaction within 28 days of the original installation date
then the Company may immediately cancel the Agreement and
return the Customer’s deposit less an amount in respect
of all the Company’s charges and expenses as set out
above.
2.5 On completion of the installation the Company will issue
a satisfaction certificate for counter signature by the Customer
confirming that the Logstyle building(s) has been installed
to the Customer’s satisfaction and following the payment
of the balance of the price, the keys of the Logstyle building(s)
will then be formally handed over. It is the Customer’s
responsibility to arrange for a qualified electrician to connect
the Logstyle building(s) to the Customer’s electricity
supply and the Company excludes all liability in this respect
unless otherwise agreed.
3. Warranty
3.1 The Logstyle building(s) is designed to last a lifetime,
with the correct annual maintenance, but no guarantee or warranty
is given to this effect. However, the Company warrants that
the structural elements of the Logstyle building(s) will be
free from any significant defect for a period of 10 years
from the date of the Agreement for purchase. For the purposes
of this clause “structural elements” means the
floor, roof and external walls of the Logstyle building(s)
but not the internal cladding, windows or door. In addition,
the Company warrants that upon installation the Logstyle building(s)
shall be free from any significant defect in other materials
or workmanship.
3.2 If the Logstyle building(s) does not conform to these
warranties the Company will take such steps as it deems necessary
to bring the Logstyle building(s) into a condition where it
is free from such defects or, at the option of the Company,
refund the purchase price of the Logstyle building(s) to the
Customer provided that the liability of the Company shall
not in any event exceed the total purchase price of the Logstyle
building(s) and the taking of the steps it deems necessary
shall constitute an entire discharge of the Company’s
liability under this warranty. If the Company opts to refund
the purchase price, the Customer shall provide the Company
with access and all reasonable assistance so that it may remove
the Logstyle building(s) whereupon ownership shall vest in
the Company.
3.3 The Company shall not be liable for a breach of the warranty
set out above relating to workmanship and materials other
than “structural elements”, unless the Customer
gives written notice to the Company within one month from
the date upon which the Customer signs the installation checklist
referred to in clause 2.5 and the Company is given a reasonable
opportunity after receiving the notice of examining the Logstyle
building(s).
3.4 The Company shall not be liable for a breach of the warranty
set out above caused by any settlement or subsidence of the
installation site.
3.5 Any repaid or replaced goods will be guaranteed on these
terms for the unexpired portion of the one-month period.
3.6 All warranties, conditions and other terms implied by
statute or Common Law (save for conditions implied by Section
12 of the Sale of Goods Act 1979) are to the fullest extent
permitted by law, excluded from the Agreement.
3.7 Nothing in these Terms and Conditions excludes or limits
the liability of the Company for death or personal injury
caused by the Company’s negligence or fraudulent misrepresentation.
4. Alteration in Specification
The Company reserves the right to make any changes in the
specification of the Logstyle building(s) which do not materially
alter its quality or function or where it is necessary to
conform to any applicable safety or other statutory requirements.
5. Planning
The Customer shall ensure that the installation of the Logstyle
building(s) does not contravene any planning or other regulation
or legislation and the Company accepts no responsibility for
the failure of the Customer to comply with such regulations
or legislation and the Customer shall indemnify the Company
in respect of any failure to do so.
6. Property and Risk
The risk in the Logstyle building(s) shall pass to the Customer
upon handover of the keys to the Logstyle building(s) and
responsibility for effecting and maintaining insurance cover
passes to the Customer at that time. Title in the Logstyle
building(s) shall not pass to the Customer until the Company
has received payment in full (whether in cash or cleared funds)
of all sums due to it in respect of the Logstyle building(s).
7. Price and Payment Terms
7.1 The price and delivery charge for the Logstyle building(s)
shall be in accordance with the price list issued by the Company
from time to time and shall be set out in the order confirmation.
The price and delivery charge shall be inclusive of any value
added tax or any other applicable tax.
7.2 Subject to other provisions in these Terms and Conditions
a deposit of 50% of the full purchase price is payable on
ordering the Logstyle building(s) from the Company. The balance
of the price is payable before the keys to the Logstyle building(s)
are handed over to the Customer (the due date). Time for payment
shall be of the essence.
7.3 The Customer shall make the full payment due without any
deduction whether by way of set-off, counterclaim or otherwise
and no payment shall be deemed to have been received until
the Company has received cleared funds.
7.4 The Company reserves the right to alter the price list
at any time.
8. Failure to Make Payment
8.1 If the Customer fails to pay the full payment on the due
date then without prejudice to its other rights and remedies
the Company may charge interest both before and after judgment
on the amount unpaid at the rate of 5% per annum above the
Bank of England base lending rate from time to time compounded
monthly until payment is made in full with a part of a month
being treated as a full month for the purposes of calculating
interest. Notwithstanding this provision, the Company reserves
the right to claim interest under the Late Payment of Commercial
Debts (Interest) Act 1998.
8.2 Notwithstanding the above, if full payment has no
t been made on the due date, the Agreement may be terminated
forthwith by the Company serving not less than 48 hours written
notice to the Customer, whereupon the Company shall be entitled
to remove the Logstyle building(s) and for such purpose the
Company shall have an irrevocable license or authority to
enter upon the installation site with such transport as may
be necessary to recover the Logstyle building(s). The Customer
shall render all reasonable assistance to the Company to enable
the Customer to disconnect the electricity supply and dismantle
and remove the Logstyle building(s) from the site.
8.3 In these circumstances the Customer shall be liable for
a removal charge of £750 plus VAT together with the
cost of arranging for an electrician to disconnect the power
supply.
9. Enforceability and Severability
Any provision of these Terms and Conditions which is held
to be illegal, invalid, unenforceable or unreasonable whether
in whole or part shall to the extent necessary be deemed severable
and the other provisions of these Terms and Conditions shall
remain unaffected.
10. Amendment
These Terms and Conditions shall not be amended, modified
or varied except in writing signed by a director of the Company.
11. Assignment
11.1 The Customer shall not be entitled to assign or transfer
the benefit of the Agreement or any part of it without the
Company’s prior written consent.
11.2 The Company may assign the Agreement or part of it to
any person, firm or company.
12. Damages
Save as described in these Terms and Conditions the Company
shall not be liable to the Customer for any loss or damage
whether direct or indirect and howsoever caused. In any event
the Company’s liability to the Customer in respect of
the non-performance of any of the Company’s obligations
shall be limited to the price of the Logstyle building(s).
13. Force Majeure
The Company shall not be liable to the Customer or deemed
to be in breach of these Terms and Conditions because of any
delay or failure to perform any of the Company’s obligations
if the delay or failure was due to any cause beyond the Company’s
control. Provided that if the event in question continues
for a continuous period in excess of 30 days either party
may terminate the Agreement by giving written notice to the
other party to terminate the Agreement.
14. Termination
If the Customer shall go into liquidation whether compulsory
or voluntary (except for the purposes of a bona fide reconstruction
or amalgamation) or if a petition shall be presented or an
order made for an administrator or if a receiver, administrative
receiver or manager shall be appointed over any part of the
assets or undertaking of the Customer or the Customer being
an individual shall become bankrupt or make any arrangement
with its creditors, then the Company shall be entitled to
immediately recover from the Customer all sums then due and
all losses arising to the Company as a result of such circumstances
arising, and shall be entitled to give written notice to the
Customer to terminate the Agreement.
15. Notices
Any notices to be given shall be in writing and be deemed
to be given if left at the last known address of the Company
or the Customer as the case may be or sent to the same by
first class post or facsimile and shall be deemed to have
been received two working days after dispatch if sent by post
or on receipt of a transmission in legible form if by facsimile
or on delivery if by hand.
16. Waiver
No failure or delay on the part of the Company to exercise
any right or remedy under these Terms and Conditions shall
be construed or operate as a waiver thereof. The rights and
remedies provided are cumulative and are not exclusive to
any rights or remedies provided by law.
17. Governing Law
Any claim or dispute arising out of these Terms and Conditions
shall be governed by the laws of England and Wales and the
parties submit to the exclusive jurisdiction of the English
courts.
