1.1. HTC means Hanworth Timber Company.
1.2. CUSTOMER means the other party to this agreement.
1.3. PRODUCTS means the goods or services provided by HTC to the customer.
2.1. The contract in respect of products between HTC and the customer comes into existence when the customer's order has accepted by HTC in accordance with the terms and conditions herein.
2.2. The terms and conditions herein shall not be altered, modified or varied unless expressly agreed to in writing by an authorized representative of HTC.
3.1. Delivery dates or times quoted are estimates only, and HTC shall not be liable for any delays howsoever caused.
3.2. Unless otherwise specifically agreed in writing, all risk in the product shall pass to the customer or its appointed agent at the time of delivery.
4. PAYMENT TIMES.
4.1. Invoices will be issued by HTC on the date of delivery of the products.
4.2. Unless otherwise agreed by HTC, credit account invoices will be payable by the customer 30 days from the date of the invoice.
4.3. In the event of late payment HTC reserves the right to charge interest on overdue amounts at an interest rate of 15 % above the prevailing base rate of HSBC bank plc.
5.1. All price lists, catalogues, advertising matter or similar materials issued by HTC and are indicative only as to the price and range of products available from time to time and information contained therein shall not be binding on HTC.
5.2. Quoted prices are given by HTC at the time of placing the order by the customer.
5.3. HTC reserves the right to amend the quoted prices at any time prior to the date of delivery.
6. TITLE AND RISK.
6.1. Property in the products shall not pass to the customer until HTC has received in full all monies owed by the customer under this or any other contract.
6.2. Prior to the property in the products passing to the customer, the customer shall hold the products as fiduciary agent to HTC and shall keep the products properly stored, protected and insured and clearly identified and shall bear the cost thereof.
7.1. The customer must notify HTC of any damaged or defected products within 3 days of delivery.
7.2. The customer must return the products to HTC along with the original purchase invoice whereupon the products will be inspected against the stated fault and actioned accordingly.
7.3. Products that are not defective or damaged and accepted by HTC for restocking are subject to a 15% restocking charge.
7.4. Prodcuts that are specialy orderd will not be refunded unless a fault with the products occurs.
8. CONSEQUENTIAL LOSS.
8.1. The extent of HTC's liability to the customer for any default or breach whatsoever and howsoever arising shall in no case exceed the invoice value of the products and HTC shall in no circumstances whatsoever be liable to the customer in respect of any loss or damage whether suffered by the customer or any purchaser of the customer and whether direct, or indirect, consequential, or however else arising.
9.1. The failure of HTC to enforce or to exercise at any time, or for any period of time, any term of, or any right arising pursuant to this agreement does not constitute and shall not be construed as, a waiver of such term or right.
10. LEGAL PROVISIONS.
10.1. The construction, validity and performance of this agreement is governed by the law of England and the parties submit to the jurisdiction of the English courts.
10.2. In respect of consumer sales only, statutory rights are unaffected by these terms and conditions.
11. CLAUSE HEADING
11.1. Clause headings are for convenience only and do not form part of or affect the interpretation of this agreement.
12.1. All guarantees are supplied by a thrid party or supplier, All items are sold per Hanworth Timber Co terms & Conditions in conjuction with Ellpro Timber Ltd, Archs, Trex & Birkdale terms and conditions.
12.2. All prodcuts purchased with a gurantee will adhere to our third party/suppliers terms and conditions aswell as Hanowrth Timber Co Ltd.
12.2. All terms and conditions can be found below regarding any gurantees issue by Hanworth Timber Co and its third party/Suppliers.
Arch’s commitment to Ellpro (15 year Warranty supplied by third party on Timber uc4 & class 4 prodcuts).
Ellpro Timber Ltd (“Ellpro”)
Because of the quality timbers we use, the correct preparation of these timbers ready for treatment, the use of next generation TANALITH E and our professional treatment procedures Arch Timber Protection Limited (“Arch”) has accredited Ellpro with their TREAT- RIGHT accolade for quality timber treatments. This allows us to pass on to our customers Arch’s 15 year TREAT-RIGHT performance warranty against the failure of UC4 treated PRO-POST timbers due to fungal decay and/or insect attack.
Ellpro’s commitment to YOU
This TREAT-RIGHT performance warranty gives us real confidence in the products we send to market and gives you real confidence in their long term performance. In the unlikely event that the timbers should fail due to decay or insect attack within 15 years of purchase, Ellpro will, in accordance with the terms and conditions of the performance warranty replace or refund the failed timbers* provided that they have been installed and used correctly and not misused. A commitment that gives you and your customers, real long term confidence in their use.
*WARRANTY TERMS AND CONDITIONS 1. Bringing a Claim
a. In the unlikely event of the failure of Ellpro’s UC4 treated PRO-POST fencing timbers (the “Goods”) supplied to you by Ellpro within 15 years from the date of purchase:
i. You must notify Ellpro promptly of the defect and in any event provide written notice of the defect:
within 7 working days of when the defect was or should reasonably have been discovered; or
within 7 working days of you receiving notification of the defect from your customer.
Claims due to the failure of the Goods must be notified to Ellpro before the expiry of the 15 year warranty period. Failure to notify Ellpro within this time period shall result in the claim not being covered by this warranty.
ii. At the with:
1. 2. 3. 4.
time of notifying Ellpro of the defect you must provide Ellpro
proof of purchase of the Goods in the form of an invoice for the Goods;
photographic evidence showing the location, number and condition of the failed Goods;
details of the position of the land where the Goods have been used, including the O/S reference;
details of the contractor who installed the Goods; and
5. such other information as Ellpro may reasonably require including detailed information relating to the Goods’ use and placement.
iii. You must allow Ellpro and Arch an opportunity to examine the Goods and to investigate any claims including, if requested:
providing representatives of Ellpro and Arch with access and reasonable assistance to enable them to visit the location of the failed Goods and assess any failure; and
providing an appropriate sample of the failed Goods showing the origin of the decay to enable the timber to be tested.
b. Subject to the other provisions set out in this warranty, once a claim has been accepted by Ellpro, Ellpro will (at its option) either refund to the customer or re-supply Goods to the equivalent value to the customer, an amount equating to the following percentage of the cost of replacing the Goods with new timber of comparable quality:
If the failure occurs between 1 year and 6 years from the date of purchase – 100%
If the failure occurs between 7 years and 10 years from the date of purchase – 60%
If the failure occurs between 11 years and 15 years from the date of purchase – 30%
The 15 year performance warranty on the UC4 treated PRO-POST fencing timbers is offered against proven failure by the preservative system resulting in failure of the Goods from fungal decay or insect attack only, provided that the Goods are used in accordance with the appropriate standards.
The failed Goods must no longer be for fit for purpose, having suffered more than 25% mass loss at the origin of the decay.
In addition to the conditions of this warranty, the purchase of the Goods is subject to Ellpro’s standard conditions of sale and this warranty is subject to the limitations and cap on liability set out therein. In the event of any inconsistency, Ellpro’s standard conditions of sale shall prevail. A copy of these conditions are available on Ellpro’s website or can be supplied on request.
This warranty does not cover the costs of removal or reinstatement of the Goods.
Ellpro shall not be liable for any economic or consequential loss or costs arising due to failure of the Goods, howsoever caused.
This warranty is for the benefit of Ellpro’s customers only and does not extend to any end-user of the Goods.
This warranty relates to any UC4 treated PRO-POST supplied by Ellpro designed for in ground contact only. It does not extend to any other products or goods supplied by Ellpro.
h. Ellpro can withdraw this warranty at any time. Such withdrawal shall not prejudice any existing warranty given by Ellpro to a customer for Goods sold prior to the withdrawal.
Just like any other product we use in everyday life, Ellpro UC4 treated PRO-POST fencing timbers must be used correctly to ensure that they perform correctly. If any of these conditions are breached, Ellpro will have no obligation to make a payment or credit to you.
The Goods must not have been misused or placed in abnormal conditions and must not have been used for any extraordinary purpose which was not drawn to the attention of Ellpro in writing at the time of purchase. The Goods are not intended to be used for any structural or weight bearing purpose. The customer must rely on its own survey.
Should the Goods be cross cut, notched or bored during installation, then exposed surfaces must be liberally brushed with a suitable brush-on end grain wood preservative to the directions shown on the product label, to protect the integrity of the treatment.
The Goods must not be pointed after treatment.
Shortening of the Goods should be avoided, if possible. If unavoidable the cut end must be treated with a suitable end grain wood preservative and must never be used in ground contact.
The Goods must not be planed, ripsawn or further processed.
The Goods should not be treated with any additional chemicals or dipped prior to installation without prior written approval from Ellpro.
The Goods must have been installed by a reputable contractor.
The term ‘fungal decay’ as used in this warranty refers to wood destroying fungi that feed on and degenerate the wood cell walls. It excludes staining and mould fungi associated with the weathering of wood.
The term ‘insect attack’ refers to attack by wood digesting insects that destroy the timber structure.
The term ‘failed’ refers to damage caused by insects and/or fungi to such an extent that the Goods are no longer fit for purpose.
If any of these exclusions apply Ellpro shall have no obligation to make a payment or credit to you:
The Goods are used or installed outside of the United Kingdom.
The Goods are removed from their original installation and re-used.
c. The Goods are used for any purpose other than Use Class 4.
The Goods are used in a location where there is direct water contact.
Failure due to physical damage as a result of mechanical strimming or other external forces including livestock damage or vandalism.
Failure due to mechanical failure or incorrect installation or maintenance including failure as a result of overtightening of wire when tensioning or damage from post drivers.
Claims for weathering of wood including: ageing, raised grain, splitting, cracking, warping, shrinkage, swelling.
Claims for natural movement of wood in service, including weathering, twisting and splitting.
Claims for mould growth.
FENCEMATE® DuraPost® Guarantee
The FENCEMATE® DuraPost® Guarantee gives you the peace of mind that your product is guaranteed against failure due to corrosion for up to 25 years subject to normal maintenance and proper use.
The length of the guarantee is dependent on whether or not the product has been powder-coated and the nature of the local environment as categorised in ISO 12944-2 with some typical examples shown below.
If you wish to calculate the corrosivity in your area please use the following link: https://www.galvanizing.org.uk/corrosion-map/
In the event of product failure due to corrosion, the product will be replaced free of charge provided that:
No alterations have been made to the product.
The guarantee is registered on the Birkdale website with the details of date and postcode location of installation and completed within three months of purchase.
The claim relates to a location in the UK.
Please note that:
This guarantee covers the cost of replacing defective posts only. Consequential costs incurred as a result of replacing materials excluded.
This guarantee is in addition to your statutory rights.
When making a claim please contact our Customer Loyalty Department, quoting your guarantee registration number.
FORM TO BE DESIGNED – when installed, where installed, colour, name, email, contact preferences, name / address of installation company.