Dalton and Sons Terms and conditions.
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the English Courts
Within this document the following definitions apply.
“Buyer” or “Customer” refers to the person who accepts a quotation issued by Dalton and Sons or makes an order via the company’s online website, which the company then agrees to supply.
“Goods” / “products” mean items being sold and transferred by the Company to the buyer and may include service such as delivery.
“Company” refers to Dalton and Sons Limited (registration 11615950) we, us or our as refers to the company.
“Conditions” refers to the terms and conditions of sale set out within this document and includes any additional agreed conditions referred to as special terms and conditions if agreed in writing between the Buyer and the Company.
“Contract” means the contract for the purchase and sale of the Goods.
“Special Order” refers to placing an order for goods that are not in stock and/or is required to be specially made or ordered on behalf of the customer by the Company.
“Supplier” refers to the main distribution company supplying the goods direct to the customer.
“Writing” includes emails or letters posted to the company’s postal address and clearly marked to who is the intended receiver.
Headings in these Conditions are for convenience only and shall not affect their interpretation.
1- Basis of the Sale
1.1-The Company shall sell, and the Buyer shall purchase the Goods in accordance with (1) a written quotation from the Company, which is accepted in writing by the Buyer, or (2) via the goods listing on the company’s website. In purchasing via the website, the customer has accepted they are satisfied the item as described is suited for the purpose they intend to use it for and accept responsibility for ensuring the have the correct quantity required, and fittings needed.
1.2- Only Managers and Directors of the Company are authorised representatives of the company.
1.3- Our employees are not authorised to make any representations about the Goods unless this is confirmed by us in writing. By accepting a quote or purchasing online you willingly entering a Contract, you acknowledge this and will waive any claim for breach of contract if any such representations where not confirmed in writing by a manager or director of the company.
1.4- Any advice or recommendation given by us or our employees to you or your employees as to the storage, application or use of the Goods which is not confirmed in Writing by us is followed or acted upon entirely at your own risk, and we accept no liability for any such damage caused by our advice or recommendations.
1.5- Any error or omission in any sales literature, quotation, price list, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
1.6- Goods names, part numbers etc. used by us are provided by us for reference purposes only.
2- Orders & Specifications
2.1- No order placed by you shall be deemed to be accepted by us until a you receive a written order acknowledgement or receipt for the goods.
2.2- No order submitted by you shall be accepted by us unless submitted in writing or an online order created.
2.3- No amendments to an order are permitted unless submitted in writing and accepted by the company.
2.4- All orders we receive are subject to the availability of goods. In the event goods are unavailable the buyer will be offered a full refund or the option to purchase an alternative product. If alternative goods are offered, they will be of a similar quality and price.
2.5- We reserve the right to alter the goods specification, or to withdraw any item without prior notice. If alternative goods are offered, they will be of a similar quality.
2.6- You shall be responsible for ensuring the accuracy of all required information is supplied to us in sufficient time for us to perform the contract. We accept no liability for inaccuracies caused by late or wrong information supplied.
2.7- The quantity, description and specification of the Goods being purchased shall be that of those set out on our website or in your quotation.
2.8- We reserve the right to make any changes in the specification of the Goods which do not affect their quality or performance. If a change should be required that affects the goods performance, you will be notified in writing by the company and given the option to cancel the order
2.9- You are responsible for ensuring that any goods obtained from us is used in the manner for which it has been designed and for ensuring that the products meet any necessary regulations certifications, and standards required prior to placing the order. We accept no responsible if the goods do not meet any required building, fire, structural or any other regulations deemed necessary by law for your project.
3- Price of the Goods
3.1- The price of the Goods shall be our quoted price, or the price displayed on our website.
All prices quoted are valid for 30 days only unless agreed in writing by a manager or director of our company.
3.2- A quotation does not constitute an offer and is not binding. We may withdraw or revise the quotation at any time before our acceptance is given in writing.
3.3- Unless otherwise stated in writing any prices supplied by us are net of delivery charge and VAT and shall not be subject to any discount.
3.4- We reserve the right, to increase the price of the Goods to reflect any increase in the cost to us, which is due to any factors beyond our control, any change in delivery dates, quantities, or specifications for the Goods which you request, or any delay caused by any of your instructions or by your failure to provide adequate instructions.
3.5- Unless clearly stated as free delivery in our quotation. Our Conditions will include the charge for carriage.
3.6- The price for the Goods on our written quotations will display any applicable value added tax and delivery charges, which you shall be liable to pay to us. Any website orders will also apply and VAT or delivery charges at the point of check out.
3.7- Any cost for special packaging such as pallets and returnable containers will be charged to you in addition to the price of the Goods,
3.8- Prices may be subject to change without notice. All goods quoted are priced and supplied subject to availability only.
4- Payment Terms
4.1- Payment is required from the Buyer for the full price of the Goods at the time of order. Unless otherwise agreed by the directors of the company. No items will be manufactured or ordered placed on our suppliers until funds have cleared. No delivery will be made or scheduled until full payment is received.
4.2- Receipts for payment will only be issued only upon request, email: email@example.com.
4.3– If you fail to make payments on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:
- suspend further deliveries to you.
- cancel any further deliveries to you
- charge you interest (both before and after any judgment) on the amount unpaid, at the rate of 5 % per month above the base rate of HSBC Bank PLC, calculated (daily) from the date of our invoice until payment in full is made (any part of a month being treated as a full month for the purpose of calculating interest).
- recover all costs, including legal costs, court costs and any other cost of collection incurred by us in the recovery of the unpaid amounts from you (including accrued and all outstanding interest). The Company also reserves the right to impose an administration fee of £500 on you for the recovery of costs.
- Interest will be charged in the event of late payment. The Company reserves the right to charge interest at the rate equivalent to that set for the purpose of Section 6 if the Late Payment of Commercial Debts (Interest) Act 1998.
- Calculated (daily) from the date of our invoice until payment.
- Compounded on the first day of each calendar month.
- Before and after any Judgement (unless the court orders otherwise).
4.4- Title of goods will not pass to the Buyer until full payment for goods is received. Goods remain the property of Dalton and Sons until such time as payment is received any may be resold at a discounted price to recover costs if payment is denied by the buyer.
5- Delivery of Goods
5.1- All Goods supplied by Dalton and Sons are to be delivered accept if special agreements for collection are made in advance and are agreed by the company in writing. Delivery is to be arranged by the company and may include direct deliveries from our suppliers.
5.2- We aim to deliver available products within 7-14 days but during busy times this may be longer. We accept no liability for any delays.
5.3- Any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods howsoever caused. We may deliver the Goods in advance of the quoted delivery date upon giving you reasonable notice.
5.4- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract.
5.5- If we fail to deliver the Goods for any reason other than a cause beyond our reasonable control or your fault, and we are accordingly liable, our liability shall be limited to our delivery charge only.
5.6- Where we are to deliver goods:
- risk of damage to or risk of loss of the Goods to be delivered shall pass to the Customer at the time of the delivery.
- it is the Customer’s responsibility to inform us of any access restrictions for deliveries, failure to do so may result in the delivery being postponed and a redelivery charge will be applied.
- delivery will be made as near to the place you require delivery to be made but is at the discretion of the driver taking account of safety, road permits etc. We will not accept any liability for any damage caused by the delivery vehicle or driver.
- you shall be responsible for the safe unloading and storing of the Goods. We accept no liable for any damage that occurs to the goods or persons while unloading. A maximum period of one hour is allowed for the purpose of unloading each vehicle and if the unloading period for any reason extends beyond one hour you will be charged on a time and cost basis at our current rates.
- it is the Customers responsibility to arrange safe offloading of the product being supplied. The driver may require assistance to unload. This will be stated on the sales invoice. If not provided the driver may refuse to unload and an additional deliver charge will be incurred by the buyer.
- We accept no liability for injuries caused whilst unloading and the buyer is responsible for ensuring persons unloading are wearing appropriate safety equipment.
5.7- When your goods are delivered these are sometimes delivered with packaging or on a pallet. Pallets and packaging are deemed to be there to protect your goods and is your responsibility to dispose of these items appropriately.
5.8- If for whatever reason you fail to take delivery of the Goods after being notified of the delivery date or fail to give us adequate delivery instructions we may without prejudice to any other right or remedy available to us apply the following:
- leave the delivery unattended unless you specify otherwise in writing. We will not accept any liability for lose of goods in these circumstances.
- store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
- sell the Goods at the best price readily obtainable to recovery storage, and additional costs incurred by us.
5.9- After taking delivery of any goods you should ensure that they are stored appropriately indoors or undercover where possible; to protected them from weather conditions. Until installation takes place. It is recommended to be covered in a shaded area. We accept no liability for damage caused by goods inappropriately stored.
5.10- Composite products need to be protected from the elements and then allowed to acclimatise for 48 – 72 hours where they will be installed. This is due to the nature of the product which may expand and contract according to the ambient temperature. The buyer is responsible for providing any protective coverings.
Warranties & Liability
6- Composite products
6.1- Subject to the conditions highlighted below we warrant that the Goods will correspond with their online specification or quoted specification and at the time of delivery will be free from defects in material. We cannot be due to the natural element of the product guarantee against the boards all being the same shade, slight warping having light surface scratching due to transportation. Whilst visible when new these will fade in the first 3 months use as the boards go through the natural weathering and usage process.
6.2- Warranty specified under the product list or quotation is given subject to the following conditions:
- we accept no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by you.
- we accept no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse, undue care taken when unloading, storing, or installing of the Goods.
- we shall be under no liability or any other warranty, condition, or guarantee) if the total price for the Goods has not been paid for in full or by the due date required.
- Our warranty does not extend to, materials or equipment not supplied by us, or damage caused by a material or product not supplied by us.
- we shall be entitled to claim reasonable tolerances in respect of the Goods and may make adaptations to goods supplied by us due to technical developments.
- We give no warranty that the Goods are fit for any other particular purpose for which they were designed. If to be used for something else, the customer must satisfy themselves that the goods are fit and suitable for that purpose and accept there will be no warranty supplied.
- we accept no liability under our warranties for any installation, repair, re-installation, removal, or labour cost arising from a fault with the product.
- Our warranties given with our goods is not transferable between parties and is only for the purchaser named on the sales invoice. We only supply the benefit of any such warranty or guarantee as given by the manufacturer.
- As part of the warranty, we may offer a refund on a pro rata basis. We may choose to calculate the value of the warranty remaining against the original price paid on the sales invoice and refund that amount.
6.3- Composite Decking Warranty
The warranty offered on composite decking differs duration dependant on the product. These durations are listed in the goods specifications however all cover the following
- breakages (when installed with adequate frame joists no more than 350mm apart and supports in line with recommended timber spans or other products recommendations.
- Damage caused by fungal decay: it should be noted that surface fugus that may develop in damp conditions. This type of fungus will not affect the product and can be cleaned off.
- insect damage.
- rotting decay or splintering.
6.4- This warranty only applies if the composite decking boards have been used in normal domestic service conditions and properly fitted in accordance with our written recommendations. using adequate joists with spacing (350mm), expansion end gap spacing (8mm) and fixing method (T-piece and screw system). The warranty is valid for boards laid narrow groove/woodgrain side up only. Boards laid differently are done at your discretion and you may experience increased slippage and colour change with the boards.
6.5- If composite decking boards supplied by us are found to be faulty any action taken will remain at the discretion of the company.
- We may replace the faulty goods or refund a percentage of the original purchase price pro-rata to the remaining warranty period when the faulty item is returned to us. We will not accept any claim for any consequential losses or recompense the customer for installation or repair costs.
- To make a claim under this warranty, the Buyer shall send to the Company a written description of the fault, proof of purchase and photographic evidence and make available any faulty items for collection.
6.6- We do not warranty against and are not responsible for any warranty claim caused by:
- Improper installation
- Movement, distortion, settling or collapse of the ground or supporting structure upon which the decking is installed.
- Any event outside of our control.
- Variations or changes in the colour of the product from board to board at any time
- Faults caused by improper handling or storage of the product.
6.7- Second-hand goods are supplied on the basis that all common law and statutory warranties and conditions as to their satisfactory quality are excluded. All second-hand goods must be inspected prior to use or fixing.
6.8- Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to us in writing within 14 days of the date. You shall not be entitled to reject the Goods and we shall have no liability for such defect or failure thereafter and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
6.9- Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to us in accordance with these Conditions, we shall be entitled to
- replace the Goods (or the part in question) free of charge or, at our sole discretion, refund you the price of the Goods (or a proportionate part of the price), and we shall have no further liability to you.
6.10- We shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, except as expressly provided in these Conditions.
6.11- We shall not be liable to you or be deemed to be in breach of the Contract if any delay or any failure to perform, any of our obligations in relation to the Goods, if the delay was caused by circumstances beyond our reasonable control such as;
- act of God, war, riot, strike, lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm.
- acts, restrictions, regulations, of any kind on the part of any governmental, parliamentary, or local authority.
- difficulty or increased expense in obtaining labour, materials or transport, or other circumstances affecting the supply of goods or of raw materials by our normal course of supply, or the manufacture of the goods by our normal means, or the delivery of the goods by our normal route or means of delivery.
6.12- the Company shall not be liable for any loss or damage whatsoever arising because of failure to deliver goods by any particular date or arising as a result of any cause beyond the Company’s control.
7– Returns and refunds
7.1- The company operates a 30 day returns policy in line with the Consumer Rights Act of 2015
7.2- You must notify the company of your wish to return goods within 14 days of receipt of the goods, this must be done in writing by email to firstname.lastname@example.org accompanied by a copy of your proof of purchase
7.3- In the case of faulty/damaged goods you must accompany your email with photographic evidence.
7.4- The company will not collect non faulty goods being returned; it is the buyer’s responsibility to return any non-faulty goods to the company’s premises at the buyer cost.
7.5- The company, or representative of, must agree in writing that the goods can be returned in advance of making such a return. Once agreed the return must be returned within 14 days of the company’s agreement to accept the return.
7.6- Once non faulty goods are received the company will inspect the goods. Subject to the goods being returned to us on perfect re-sellable condition we will issue you with a refund. We reserve the right to withhold any refund, or part thereof, in the event the goods returned to us are in a less than re-sellable condition.
7.7- Faulty goods, once faulty goods are received the company will inspect the goods and investigate the issues for quality purposes and we will then issue you with a refund or replacement goods. We reserve the right to withhold any refund, or part thereof, if you haven’t made us aware of the return in advance and the goods are not accompanied with photographic evidence.
7.8- All refunds will be processed using the same method used when payment was made and will be issued with 7 days of the company’s receipt of the items and proof of purchase
7.9- All non-faulty goods returned to the company are subject to a 15% re-stocking charge.
7.10 The company will only refund delivery charges for any order where the company feels it is at fault and the goods are being returned due to the actions of the company.
7.11- Any items returned to the company outside of the 30-day return period without advising us and gaining approval will not be subject to the company’s 30-day return policy. The company reserves the right to refuse to accept the return of these goods.
7.12- Where the buyer returns goods that were purchased using a card payment the seller is entitled to deduct an additional percentage of the purchase price from the value of the refund due to surcharges incurred by the seller at the point of sale
7.13- Any goods supplied by the company as bespoke, cut to length or custom made are not subject to the above returns policy and cannot be returned at any point unless deemed faulty by the company
8- Order Cancellations
8.1- If the Buyer cancels a special order (being an order for Goods that are not in stock and/or is required to be specially made or obtained), we the Company reserve the right to charge 100% of our full costs up to the time of receipt of your written cancellation.
8.2- Once an order is accepted by us in writing, Neither the whole nor any part of any order, can be cancelled by you except with our agreement in writing. If we agree you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us because of cancellation.
8.3- We reserve the right to cancel any orders whereby the product is deemed to be faulty before the delivery is made or there is significant increase in cost in satisfying the order. We shall not be liable for any cost incurred in such a situation.
9- Dispute Resolution
9.1- If a dispute arises out of or in connection with these Conditions the parties shall follow the dispute resolution procedure set out below.
- All disputes to be raised and resolved via written communication unless agreed by both parties.
- either party shall give to the other written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documentation. On receipt of dispute notice both you and our company shall attempt in good faith to resolve the dispute within 30 days.
- If a dispute over a claim should arise, our decision is final and binding. This does not affect your statutory rights.
10- Installation guides
10.1- All installation guides on the Dalton and Sons website or supplied to the buyer should not be relied upon as advice or as the sole source of information on how to complete a task. These are supplied for the purpose of advice only.
10.2- Before commencing any DIY task, you should ensure all risks have been assessed, you have the appropriate tools and equipment required and have read and understand any manufactures instructions. If in any doubt, stop immediately and seek advice from a professional.
10.3- Any installation instructions/ guides shown or supplied by the company are assumed to be for persons over the age of 18 years with some experience of DIY only.
10.4- The company accepts no liability for any loss, damage or injury caused because of any reliance placed upon our installation guides or any other form of advice given.
Any sample goods supplied by the company are for the purpose of showing the general makeup of the product. The sample colour may differ in tone from that of the actual product received and we cannot accept any liability for this as samples may come from a different batch.