Terms and Conditions

INTERPRETATION

1.1 Definitions:

“Business Day” means a day other than a Saturday, Sunday or public holiday, when banks are open for business.

“Conditions” means the terms and conditions set out in this document as amended from time to time.

“Contract” means the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

“Customer” means the person or firm who purchases the Goods from the Supplier.

“Force Majeure Event” means an event, circumstance or cause beyond a party’s reasonable control (including in the Supplier’s case any failure or delay (howsoever caused) in the release of Goods by the controller of any site at which the Goods are being stored from time-to-time).

“Goods” means the goods (or any part of them) set out in the Order.

“Order” means the Customer’s order for the Goods, as placed by email, telephone or other electronic means (such as WhatsApp Facebook Messenger), and as recorded/amended by the Order Acceptance

“Order Acceptance” means the Supplier’s written acceptance in accordance with clause 2.3. “Specification” means the description of the Goods set out in the Order Acceptance.

“Supplier” means Iron and Pine Limited (registered in Scotland with company number SC596495).

Interpretation:

1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1,2,2 A reference to a party includes its personal representatives, successors and permitted assigns.

1.2.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.2.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.5 A reference to writing or written includes email.

BASIS OF CONTRACT

2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.2 The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification are complete and accurate.

2.3 The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.

2.4 The Customer waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Customer that is inconsistent with these Conditions.

2.5 Not withstanding the information contained in the annexes to the sales order, any samples, drawings, descriptive matter or advertising produced by the Supplier are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

2.6 A quotation for the Goods given by the Supplier shall not constitute an offer. A quotation shall only be valid for a period of 7 days from its date of issue.

PLANNING PERMISSION AND BUIDLING REGULATIONS

It is the responsibility of the client to assess and obtain the necessary permits and licenses. Iron and Pine cannot be held responsible for obtaining planning and building permits or for the non-acceptance of planning / building permits.

COMPLETION DATE

Completion dates will be advised after the signed agreement and the initial deposit has been received. Please note that exact completion dates may be subject to change based on the availability of materials, labour and supply chain delivery schedules at the time of ordering. Iron and Pine will endeavour to keep the client informed of any major changes that may affect the timing of completion. Please note that in order to keep to the advised completion time lines no changes will be permitted once a unit is in production.

ON SITE INSTALLATION

For units requiring on-site installation, the customer is required to ensure a safe environment in and around the site where the works need to be carried out, including compliance with health and safety regulations, and to ensure unfettered access to the site. Whilst a pre-installation inspection by the supplier and/or his agent will be conducted, the customer will be expected to remedy any areas of non-compliance at their own cost and to ensure that any changes or further areas of risk which are identified in the course of installation being carried out are remedied in order to ensure and maintain the provision of a safe environment for the supplier and/or his agent.

PRICE AND PAYMENT

The price of the Goods shall be the price set out in the Order Acceptance.
The Supplier may, by giving notice to the Customer at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:
1. any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs). In such cases the supplier shall immediately notify the customer accordingly.
2. any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or
3. any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.
The price of the Goods:
1. excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and
2. excludes the costs and charges of packaging, insurance, ground and foundation preparation, local utilities and services connections and transport of the Goods, which may be invoiced to the Customer where stated in the Order Acceptance.
The Supplier may invoice the Customer for the Goods on or at any time after the date of acceptance of the Order (save to the extent other credit terms are agreed between the parties in writing).
Payment terms for goods that do not require onsite installation:

50% non-refundable deposit on signing of this order

50% upon factory completion and prior to delivery

Payment terms for goods that require onsite installation work

50% non-refundable deposit on signing of this order

40% upon factory completion

10% upon completion of onsite installation

The Customer shall pay each invoice submitted by the Supplier:
1. on the date or dates (or within the period or periods) set out in the Order Acceptance;
2. where the Order Acceptance is silent, within 5 Business Days of the date of the invoice or in accordance with any credit terms agreed by the Supplier and confirmed in writing to the Customer; and
3. in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.
If the Customer fails to make a payment due to the Supplier under the Contract by the due date, then, without limiting the Supplier’s remedies, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 5% a year above the Bank of England’s base rate.
All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Delays in payment at any stage may result in work being suspended and /or delays in shipping the finished goods.

DELIVERY
1. Delivery can be coordinated through Iron and Pine with an external transportation Supplier. The cost of delivery will be borne by the Customer and invoiced separately by Iron and Pine. Alternatively the Customer can make their own delivery arrangements under their responsibility.
2. Iron and Pine cannot be liable for any delay or failure of delivery caused by the Customer’s failure to provide access to the Delivery Location or an event of Force Majeure. Where the Customer or the Customer’s addressee at the Delivery Location fails to take delivery of the Goods, then the units shall be deemed to have been delivered to the Customer on the delivery date and we shall be entitled to charge for additional costs of storage, insurance, redelivery and any other costs incurred by us.
3. We may provide the Customer with a form of acceptance to sign upon handing over the goods but in any event the goods are deemed to have been accepted at the point that: (i) use of the goods commences or (ii) if use has not commenced then upon the expiry of 24 hours from handover if no notification has been provided of any defects within that time. All defect notices must be submitted in writing for the attention of Iron and Pine with 24 hours.

TITLE AND RISK
1. The risk in the Goods shall pass to the Customer upon dispatch from our production facility. Supplier cannot accept any responsibility for loss or damage to goods after they have left our premises.
2. Title to the Goods shall not pass to the Customer until the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.
3. Until title to the Goods has passed to the Customer, the Customer shall:
  1. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
  2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
  3. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

WARRANTY
1. We warrant that upon delivery and for a reasonable period after delivery, which we consider will be for a period of 12 months from delivery, the Goods(s)will:
  1. conform in all material respects to the Specification.
  2. be free from material defects in design, material and workmanship.
  3. be of satisfactory quality; and
  4. be fit for the purpose held out by us.
2. The Supplier, where it is reasonable to do so but subject to condition 8.4, will repair or replace the defective Goods(s) or at their sole and absolute discretion and/or refund the price of defective Goods(s), provided that:

the Customer informs the Supplier promptly on discovery and in writing that some or all of the Goods(s)do not comply with condition 9.1, and
the Customer provides the Supplier or their agent a reasonable opportunity to examine the defective Goods.

These Conditions will apply to any Goods(s) repaired or replaced under condition 9.1.
The Supplier will not be liable for any failure of the Goods(s) to comply with condition 9.1 where that failure is reasonably the result of the Customer’s use of the Goods:
1. from wear in the normal course of use of the Goods(s) or as a result of willful damage, negligence or abnormal working conditions;
2. to the extent caused by failure to comply with the instructions and/or good practice as to storage, installation, commissioning, use or maintenance of the Goods(s);
3. to the extent that the Goods have been moved from the original Delivery Location or it is situated on any site that is not compliant with the advice and instructions of the Supplier including without limitation any site that is not precisely level;
4. where any Goods(s) are altered or repaired without the Suppliers prior written agreement; or
5. where the Customer continues use any of the Goods(s) after notifying the Supplier that it does not comply with condition 8.1.
Upon handover of the Goods, any warranties pertaining to externally produced fixture and fittings, including but not limited to windows, kitchen and bathroom furniture and electronic equipment etc, will automatically revert to the customer and all actions relating to the warranty of those elements will be between the customer and the applicable manufacturer. The customer, by their acceptance hereof, undertakes to free and relieve the supplier and/or his agent of any liability which may otherwise rest with the supplier.

LIABILITY
1. The Supplier does not exclude liability:
  1. for death or personal injury caused by its negligence; or
  2. for breach of the terms implied by s 12 of the Sale of Goods(s)Act 1979 and by s 2 of the Supply of Goods(s)and Services Act 1982; or
  3. for defective products under the Consumer Protection Act 1987; or
  4. for fraud or fraudulent misrepresentation.
2. All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded by these conditions.
3. The Supplier will not be liable for:
  1. loss of use;
  2. any form of indirect, consequential or special loss, or
  3. any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether any such loss is direct or indirect, and, in each case, however arising.
4. Other than as set out above, the Suppliers liability (however arising) will be limited in respect of or in connection with the Goods(s), and otherwise in connection with this Contract, to the total price of Goods(s) that is the subject of any claim.

TERMINATION
1. Supplier may terminate this agreement in the event that the Customer has failed to make any payment within 7 days of the due date.
2. Prior to production starting on the goods, the Customer may terminate the Contract at any time by serving two weeks’ notice in writing.
3. In the event of termination of this Contract once the goods have entered production:
  1. The Customer will be liable for the full amount of the work contracted which will become immediately due and payable upon receipt of the relevant invoice;
  2. The Customer will not be entitled to any automatic refund of monies already paid

OTHER
1. Time: Unless stated otherwise, any date or period specified in these conditions may change
2. Notices: – Notices under this Agreement will be in writing (and not by fax or by email) and sent to the persons and addresses set out in the Order. They may be given, and will be deemed received:
  1. by first-class post: two Business Days after posting;
  2. by hand: on delivery;
3. Waiver: No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
4. No Set Off: – No amounts can be set off or deducted from the Price.
5. Rights of Third Parties: – This Contract is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
6. Entire Agreement: – The Contract constitutes the entire agreement between the Parties in relation to its subject matter. No other terms apply.
7. Succession – This Contract will bind and benefit each of the parties or their successors and personal representatives.
8. Governing Law & Jurisdiction: – This Contract will be governed by the laws of Scotland
  Disputes will be submitted to the exclusive jurisdiction of the courts of Scotland.

Excellent buildings spanning multiple sectors

Terms and Conditions

TERMS AND CONDITIONS

Iron & Pine

What we do

UNIQUE Holiday Accommodation

Wedding Venues & Estates

Garden Rooms

Residential

Farming and Agriculture

Offices

Bar, Events and Catering Units

Retail