Terms & Conditions
Welcome to Luxury Decking®
These terms and conditions outline the rules and regulations for the use of Luxury Decking®‘s website.
Luxury Decking® is located at:
Unit D, Green Lane Industrial Park, Featherstone, West Yorkshire, WF7 6TA
Company Registration Number: 13726983
Company VAT Number:
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Luxury Decking’s website if you do not accept all of the terms and conditions stated on this page.
Cookies
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License
Unless otherwise stated, Luxury Decking® and/or it’s licensors own the intellectual property rights for all material on Luxury Decking® All intellectual property rights are reserved. You may view and/or print pages from www.tradepricedecking.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from www.luxurydecking,co.uk
Sell, rent or sub-license material from www.tradepricedecking.com
Reproduce, duplicate or copy material from www.luxurydecking,co.uk
Redistribute content from Luxury Decking® (unless content is specifically made for redistribution).
”buyer” – means the person, firm, company or organisation who accepts a quotation from the seller/company for the sale of the product(s) or whose order for the product(s) is accepted by the seller/company.
“product(s)” – means the product(s), equipment or materials (including any instalment or any part of them) which the seller is to supply in accordance with these conditions.
“seller” – “company” – means Luxury Decking®
“conditions” – means the general terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and the seller (in the event of any conflict the special conditions shall have precedence over these general conditions of sale) and a reference to a numbered condition shall be a reference to the relevant numbered condition set out in this document.
“contract” – means the contract for the purchase of product(s).
“writing” – includes letter, facsimile transmission, email and comparable means of communication.
Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
The headings in these conditions are for convenience only and shall not affect their interpretation.
Basis of the Sale
The seller shall sell and the buyer shall purchase the product(s) in accordance with any written quotation of the seller which is accepted by the buyer or any written order of the buyer which is accepted by the seller subject in either case to these conditions which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or any such order is made or purported to be made by the buyer.
No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and seller.
The sellers employees or agents are not authorised to make any representations concerning the product(s) unless confirmed by the seller in writing. In entering into the contract the buyer acknowledges that it does not rely on and waives any claim for breach of any such representations which are not so confirmed.
Any advice or recommendation given by the seller or its employees or agents to the buyer or its employees or agents as to the suitability application or use of the product(s) which is not confirmed in writing by the seller is followed or acted upon.
Orders and Specifications
No order submitted by the buyer shall be deemed to be accepted by the seller unless and until confirmed in writing by the seller’s authorised representative.
The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the buyer and for giving the seller any necessary information relating to the product(s) within a sufficient time to enable the seller to perform the contract in accordance with its terms.
The quantity quality and description of and any specification for the product(s) shall be those set out in the seller’s quotation (if accepted by the buyer) or the buyer’s order (if accepted by the seller). In the event of a conflict between the two the sellers quotation will prevail.
If the product(s) are to be manufactured or any process or fitting is to be applied to the product(s) by the seller in accordance with a specification submitted by the buyer, the buyer shall indemnify the seller against all loss damages costs and expenses awarded against or incurred by the seller in connection with or paid or agreed to be paid by the seller in settlement of any claim for infringement of any patent copyright design trademark or other industrial or intellectual property rights of any other person which results from the sellers use of the buyers specification.
The seller reserves the right to make any changes in the specification of the product(s) which are required to conform with any applicable safety or other statutory requirements or where the product(s) are to be supplied to the sellers specification which in any case do not materially affect their quality or performance. The seller will not be held liable for any product(s) that change and do not fit the buyers/3rd parties structure(s).
No order which has been accepted by the seller may be cancelled by the buyer except in agreement in writing of the seller and on terms that the buyer shall indemnify the seller 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 the seller as a result of cancellation including any consequential loss and (by way of example and without limitation) any damages which the seller must pay to suppliers with whom the seller has contracted in furtherance of the performance of the contract.
The buyer shall be responsible for ensuring any product(s) purchased from the seller is used in the manner it has been designed for and meets any regulations, certifications and standards for the buyers particular project.
Price of the Product(s)
The price of the product(s) shall be the sellers quoted price unless agreed in writing by the seller. All prices quoted are valid for 30 days only or until earlier acceptance by the buyer.
The seller reserves the right by giving notice to the buyer at any time before delivery to increase the price of the product(s) to reflect any increase in costs to the seller due to any factor beyond the control of the seller or any change in delivery dates quantities or specification for the product(s) requested by the buyer or any delays caused by any instruction by the buyer or the failure of the buyer to give the seller adequate or timely instructions or information.
Except as otherwise stated under the terms of any quotation of the seller and unless otherwise agreed in writing between the buyer and the seller all prices are given by the seller exclusive of delivery.
The price is exclusive of any value added tax which the buyer shall be liable to pay to the seller and any other applicable tax or duty which is imposed from time to time by H M Government.
If applicable the price is inclusive of any discount.
Terms of Payment
The seller requires full payment on all product(s) and delivery (including bespoke/specially manufactured products) at the time an order has been placed by the buyer unless otherwise agreed by the seller. Bespoke/specially manufactured product(s) may or may not be highlighted on the invoice/quote.
If credit terms are granted, the buyer shall pay the price of the product(s) within the agreed credit terms and the seller shall be entitled to recover the price.
The time of payment of the price of product(s) shall be of the essence of the contract. Receipts for payment will be issued upon request.
The buyer shall make all payments in full without any deduction whatsoever.
The seller shall have a general and particular lien over any property the buyer has possession of in respect of any monies due.
If the buyer fails to make payment on the due date then without prejudice to any other right or remedy available to the seller, the seller shall be entitled to:
Cancel the contract or suspend any further deliveries to the buyer.
Appropriate any payment made by the buyer to such of the product(s) (or the materials supplied under any other contract between the buyer and the seller) as the seller may think fit (not with standing any purported appropriation by the buyer); and charge the buyer interest (both before and after any judgement) on the amount unpaid at the rate of 5 per cent of the full invoice total per 7 day week. 1 day classed as a full 7 day week and recover costs, legal costs, court costs and any other costs incurred to the seller.
The seller may from time to time notify the buyer of a credit limit and with prejudice to the remainder of these conditions shall be entitled to take one of the following steps whenever the buyer has exceeded the credit limit notified to it:
To revoke its acceptance of any order placed by the buyer.
To require the buyer to pay in advance the delivery for outstanding orders for product(s) not with standing any credit terms agreed between the parties.
To suspend deliveries of product(s).
The credit limit referred to may be adjusted up or down or withdrawn as the seller may consider reasonable in the circumstances.
Title of product(s) does not pass to the buyer until full payment for product(s) has been received.
Deposits and Pre-orders
The seller requires a minimum 10% non-refundable deposit on all pre-orders (product(s) and delivery) unless otherwise stated. This may or may not be highlighted on the invoice/quote. If the buyer has paid in full for pre-ordered product(s) or paid more than 10% and wishes to cancel the order then the seller has the right to deduct 10% before refunding the buyer.
Any dates quoted in writing for delivery of pre-orders are approximate only. The seller shall not be liable whatsoever for any delay in delivery or installation which is out of the sellers control.
Any updates when pre-orders have been made will be displayed at the top of the homepage. The seller may contact the buyer when a delivery date has been received from the haulier/port as to when the item(s) will arrive in stock. The buyer will be notified when the seller is in a position to deliver the item(s).
Delivery and Collection
Delivery of the product(s) shall be made by the seller (or preferred courier) delivering the product(s) to the address indicated by the buyer. If the buyer is to collect the product(s) from the sellers warehouse then the seller will notify the buyer that the product(s) are ready for collection. The buyer must collect the product(s) using an appropriate vehicle which a forklift truck can load to avoid any manual loading. Loading into vans and securing loads is the responsibility of the buyer.
Any dates quoted for delivery of the product(s) are approximate only and the seller shall not be liable for any delay in delivery of the product(s) how so ever caused. Time for delivery shall not be of the essence unless previously agreed by the seller in writing. The product(s) may be delivered by the seller in advance of the quoted delivery date (and by one or more deliveries) upon giving reasonable notice to the buyer.
Where the product(s) are to be or are delivered in instalments each delivery shall constitute a separate contract and failure by the seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the buyer in respect of any one or more instalments shall not entitle the buyer to treat the contract as a whole repudiated.
If the seller fails to deliver the product(s) for any reason other than any cause beyond the sellers reasonable control or the buyers fault, the seller may replace the product(s) with similar market goods in the cheapest available market.
If the buyer fails to take delivery of the product(s) within 7 days of notification by the seller that the product(s) are ready for collection or fails to give the seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the buyers reasonable control or by reason of the sellers fault) then, without prejudice to any other right or remedy available to the seller, the seller may:
Store the product(s) until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage; or
Sell the product(s) at the best price readily obtainable and (after deducting all reasonable costs and selling expenses) account to the buyer for the excess over the price under the contract or charge the buyer for any shortfall below the price under the contract.
The buyer must be sure to sign the delivery note in the presence of the delivery company representative to indicate the buyers delivery has been received.
Examine your order upon delivery to ensure that there are no visible signs of damaged, missing or incorrect pieces. In the event that there are missing, damaged or incorrect pieces, please refuse the product(s) or indicate the problem on the delivery note and contact us within 12 hours of your delivery. The seller or preferred courier will take photographic evidence and report back to the office. A signed delivery note, without notations of missing, damaged or incorrect pieces represents your acceptance of the complete order in perfect condition.
Without missing, damaged, or incorrect pieces signed on the delivery note or delivery refused we cannot accept liability or make a claim against a third party insurer and the buyer cannot make any claim against the seller.
From time to time outdoor composite products may have light scratches but these will eventually fade. The seller will not accept responsibility for products that have been refused or signed for as damaged due to light scratches.
The seller or preferred courier will deliver the product(s) to kerb side only and as close to the delivery address as possible (It is at the sellers or preferred couriers discretion where this point is).
It is the buyers responsibility to provide help when the product(s) are being delivered and offloaded and the seller strongly advises the buyer to wear safety clothing when doing this.
The seller shall not be liable for damage to property or product(s) when being offloaded, as well as injury.
Site Access; The seller reserves the right to decline any delivery/collection too and from site if site access is not clear and free from obstacles. The buyer will still be charged in full if delivery/collection is declined. The seller will take images of obstacles as evidence and will provide to the buyer if needed. If the delivery/collection has been declined by the seller then the seller will re-schedule another delivery/collection with the buyer and the buyer will be charged in full for the re-scheduled delivery/collection.
It is the buyers responsibility to make sure the seller has been notified of any obstacles that may be present when delivering/collecting too and from site (i.e soft ground etc) to avoid any further charges. The seller reserves the right to add members of staff to the delivery/collection if obstacles are present and the seller was not notified. If the buyer notified the seller after being quoted/invoiced then the seller reserves the right to charge the buyer in full for extra members of staff if needed.
The buyer is responsible in making sure the product(s) fit through doors, in to lifts, loading bays etc. The dimensions of each product is available on the website. Please note that the dimensions may change from time to time.
Useful information:
- Our decking may lighten in colour up to 30% in the first 6 months before stabilising to its final colour.
- Different batches can differ in size, shade, texture and colour.
Our Luxury decking will lighten and lose up to 30% of its colour in the first 6 months before stabilising to its final colour.
Building materials are made in different batches. Batches can differ in size, shade, texture and colour. We always recommend ordering all of your decking together.
Risk and Property
Risk of damage to or loss of the product(s) shall pass to the buyer:
In the case of product(s) to be delivered at the seller premises at the time when the seller notifies the buyer that the product(s) are available for collection; or
In the case of product(s) to be delivered otherwise than at the sellers premises at the time of delivery or if the buyer wrongfully fails to take delivery of the products at the time when the seller has tendered delivery of the product(s).
Not with standing delivery and the passing of risk in the product(s) or any other provision of these conditions the property in the product(s) shall not pass to the buyer until the seller has received in cash or clear funds payment in full of the price of the product(s) and all other materials agreed to be sold by the seller to the buyer for which payment is then due.
Until such time as property in the product(s) passes to the buyer the buyer shall hold the product(s) as the sellers fiduciary agent and bailee and shall keep the product(s) separate from those of the buyer and third parties and properly stored, protected, insured and identified as the sellers property.
Until such time as the property in the product(s) passes to the buyer (and provided the product(s) are still in existence and have not been resold) the seller shall be entitled at any time to require the buyer to deliver up the product(s) to the seller and if the buyer fails to do so forthwith to enter upon any premises of the buyer or any third party where the product(s) are stored or thought by the seller to be stored and repossess the product(s).
The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the product(s) which remain the property of the seller but if the buyer does so all funds owing by the buyer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.
The entitlement of the buyer to use or resell the product(s) shall cease forthwith on any of the events set out in the conditions below occurring or on notification by the seller to the buyer under the condition below, which ever shall first occur, unless agreed otherwise in writing by the seller.
If the product(s) have been used, joined or connected in any way to other chattels in such a way that the product(s) are never the less readily identifiable and removable, the seller shall be entitled to remove and repossess the product(s) pursuant to the condition above regardless of the practical difficulty of doing or the damage caused to such other chattels or any other property or assets in the course of taking all reasonable steps to effect such removal (whether such chattels, property or assets belong to the buyer or to third parties) and the buyer waives any claim it may have against the seller for any damage caused to its chattels or other property as a result of taking such reasonable steps and shall indemnify the seller in full against any claim made against the seller by any third party arising out of or in connection with such reasonable steps being taken by the seller.
Warranties and Liability
Subject to the conditions set out below the seller warrants that the product(s) will correspond with the specification at the time of delivery and will be free from defects in material and workmanship, however due to the natural elements of the product(s) the seller cannot guarantee that all products supplied, either on a single order or multiple orders will be of the same colour.
The seller gives the above warranty subject to the following conditions:
The seller shall be under no liability in respect of any defect in the product(s) arising from any drawing, design or specification supplied by the buyer;
The seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the sellers instructions (whether oral or in writing), misuse, undue care taken when unloading and storing or alteration or repair of the product(s) without the sellers approval;
The seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the product(s) has not been paid by the due date for payment;
The above warranty does not extend to parts, materials or equipment not manufactured by the seller.
The seller shall be entitled to claim reasonable tolerances in respect of the product(s) and reserve the right to make adaptations to products supplied by the seller due to technical developments. The seller gives no condition or warranty that the product(s) are fit for any particular purpose for which the buyer may require them. The buyer must be satisfied before ordering the product(s) that the product(s) are fit and suitable for the purpose for which the buyer requires them.
The seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) for any installation, repair, re-installation, removal or labour cost arising from a fault with the product(s);
The above warranty is not transferable between parties, in respect of this only the buyer named on the sales invoice, unless otherwise stated at the time of purchase and recorded on the aforementioned sales invoice, shall only be entitled to the benefit of any such warranty.
The seller reserves the right to offer any refund on a pro rata basis, therefore the seller may choose to calculate the value of the warranty remaining against the original price paid on the sales invoice.
Subject as expressly provided in these conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 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.
Any claim by the buyer which is based on any defect in the quality or condition of the product(s) or their failure to correspond with specification shall (whether or not the buyer refuses delivery) be notified to the seller in writing within 14 days from the date of delivery. If delivery is not refused, or you do not notify us accordingly, you shall not be entitled to reject the product(s) and the seller shall have no liability for such defect or failure, and the buyer shall be bound to pay the price as if the product(s) have been delivered in accordance with the contract.
Where any valid claim in respect of any of the product(s) which is based on any defect in the quality or condition of the product(s) or their failure to meet specification is notified to us in accordance with these conditions, the seller shall be entitled to replace the product(s) (or the part in question) free of charge or, at our sole discretion, refund you the price of the product(s) (or a proportionate part of the price), and the seller shall have no further liability to the buyer.
The seller shall not be liable to the buyer 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 the sellers negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of the product(s) or their use or resale by the buyer, except as expressly provided in these conditions.
The seller shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the product(s), if the delay or failure was due to any cause beyond the sellers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control: 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 the sellers normal route or means of delivery.
The seller shall not be liable for any loss or damage whatsoever arising as a result of failure to deliver product(s) by any particular date, or arising as a result of any cause beyond the sellers control.
Luxury Decking® Decking Warranty;
The seller offers a 10 year warranty on Luxury Decking® decking boards against breakage, fungal decay, insect damage and rotting or splintering.
This warranty only applies if the Luxury Decking® decking boards have been used in normal domestic or commercial service conditions and properly fitted in accordance with our recommendations (including gaps and fasteners and fixings).
The warranty is valid for Luxury Decking® decking boards laid groove or grain side up only. Luxury Decking® decking laid differently are done at the buyers discretion and the buyer may experience increased slippage and colour change.
If the Luxury Decking® ® decking is found to be faulty, the seller will either replace any faulty decking boards or refund a percentage of the original faulty item purchase price pro-rata to the remaining warranty period when the faulty item is returned to the seller. The course of action chosen will remain solely at the decision of the seller. The seller will not accept any claim for any consequential losses or recompense the buyer for installation or repair costs.
To make a claim under this warranty, the buyer shall send the seller a written description of the fault, proof of purchase and photographic evidence and make available any faulty items for collection. The seller does not warrant against and are not responsible for any warranty claim caused by: Improper installation and/or failure to abide by any installation guidelines recommended by us; movement, distortion, settling or collapse of the ground or supporting structure upon which the Luxury Decking® decking is installed; any event outside of our control, variations or changes in the colour of the product(s) from board to board at the time of purchase and/or over time once the product(s) have been installed; faults due to improper handling or storage of the product; or any of the conditions listed above. If there is any dispute over a claim, the sellers decision is final and binding. This does not affect the buyers statutory rights.