Terms & Conditions
Definitions: Gerrico Ltd, 130c High Street, Tranent, East Lothian, EH33 1HJ,
shall be referred to as ‘The Company’, ‘us’ , ‘we’ or ‘our’. The individual or
body purchasing from ‘The Company’ shall be referred to as ‘The Customer’,
‘your’ or ‘you’. These terms and conditions shall apply to the supply of goods
and services by ‘The Company’ to ‘The Customer’.
Contract:
1.1. By placing an order, you are consenting to these Terms and Conditions.
1.2. Our acceptance of your order brings into existence a legally binding
contract.
1.3. Legal ownership of any goods will not pass to you until full payment has
been received.
1.4. Should you obtain goods prior to full order payment, you accept that we
retain the right to demand and receive immediate settlement of outstanding
payment prior to transfer of ownership, or grant us unrestricted access to
reclaim the goods. At this point a cancellation process shall be instigated.
Payment:
2.1. All prices shown on our website or price lists are in (£) Pounds Sterling,
and include VAT at the current rate, errors and omission excepted.
2.2. Delivery is included in the price unless stated otherwise, and an
additional charge may be applicable depending upon the delivery area and
goods/services ordered.
2.3. You shall be notified prior to acceptance of the order if there is an
amendment or alteration to the price of the goods or services.
2.4. The manufacturers reserve the right to change the specification of their
products at any time. If the price has been amended or altered, you will be
entitled to cancel the order and receive a full refund where applicable.
2.5. Payment for goods or services must be made in full at the time of order,
and funds must be credited to our bank account before goods are released, unless
specifically authorised in writing to the contrary by us.
Delivery:
3.1. We will arrange delivery of the goods at the earliest opportunity, subject
to the order value being paid in full (and cleared).
3.2. All delivery dates or lead times stated are approximate, and are given by
'The Company' in good faith for indication purposes only. We cannot guarantee
specific delivery dates or delivery times, and cannot be held responsible for
delays which are outwith our direct control, including (but not limited to)
manufacturing problems and third party contracted companies.
3.3. We shall not be responsible for any delays caused due to incorrect or
incomplete information being submitted by ‘The Customer’.
3.4. Deliveries shall be made to the roadside only, and it shall be at the
discretion of the delivery driver to move the goods to an alternative point at
the delivery property.
3.5. It is your responsibility to provide suitable access for delivery, and
notify us of any concerns, in writing, at the point of order. In this instance,
you will be liable for any failed or return delivery charges.
3.6. A valid signature from you or your representative is required upon
delivery, at which point you bear all responsibility and risk.
3.6.1. If you are not available to sign for the goods upon delivery, prior
written acceptance of responsibility must be authorised by us allowing the goods
to be left unattended. If written acceptance of responsibility is not received
prior to delivery, you will be liable for the failed and/or return delivery
charges.
3.7. Goods must be examined within a reasonable time of delivery, and all
damages or shortages must be reported as soon as possible by telephone to 01875
613090, and thereafter in writing. ‘The Company’ will not accept any telephone
claims which are not backed up immediately in writing.
3.7.1. No responsibility for transit damage will be accepted after 24hrs from
time of delivery.
3.7.2. If sectional goods/panels are missing, incorrect or if damage has
occurred during transit, each section will be classed as an individual item. We
reserve the right to replace only the damaged or missing sections, and can
decline any replacement when damage has been caused by ‘The Customer’ through
misuse, neglect, self-assembly, or incorrect storage. Minor superficial damage
caused during transit or missing parts will not be accepted as grounds for
rejection.
3.8. You should not begin installation, or arrange any third-party installation
until the product has been fully inspected for damage or missing parts. We shall
not be liable for any costs incurred by 'The Customer', should they fail to
inspect and satisfy themselves that the product is sound and complete prior to
self-assembly.
Installation Service:
4.1. All our products are sold and supplied for self-assembly only, unless
stated otherwise.
4.2. If an installation service is available, and has been requested, ‘The
Customer’ must ensure that a flat, level and square base, capable of carrying
considerable weight, has been provided.
4.2.1. The site should be clear of overhanging branches or obstructions, and
have sufficient unobstructed access (minimum 600mm) around the site for the safe
erecting and maintenance of the building. If the base does not meet the required
standards, you will be liable for the aborted labour costs (10% of the product
price or the initial installation fee, whichever is greater), and the product
will be left for self-assembly.
4.2.2. Should ‘The Customer’ require a return installation service, a similar
charge (10% of the product price or the initial installation fee, whichever is
greater) must be paid prior to the subsequent visit being made.
4.3. ‘The Customer’ must ensure that the installer’s vehicle can be parked as
close as possible to the installation site. If a parking area cannot be located
nearby the site, the installation may be abandoned and a return charge (as
defined in 4.2.1. and 4.2.2.) may be made. ‘The Customer’ will be liable for any
costs incurred by the installation team (metered parking etc.) during the
installation period.
Cancellations:
5.1. If the goods have not been delivered, you can cancel the contract at
anytime from the day the contract is made until the expiry of 14 days following
the day after receipt of the goods (except as defined in 5.2.). Cancellations
must be made in writing either by letter, fax or email.
5.1.1. An additional charge may be made if the order is cancelled after delivery
has been scheduled by a third party.
5.2. ‘The Customer’ has no right to cancel at any time if the order includes
special order items, non-standard options, adaptations, or personalised
preferences. Buildings ordered for delivery direct to the customer from overseas
(e.g. log cabins) are non-returnable, and cannot be cancelled once shipping has
commenced.
5.3. If the goods have been delivered you can return (or make available for
collection) any of the goods, after notifying us in writing either by letter,
email or fax, within 14 days following the day after the date of delivery
(except as defined in 5.2, and 5.3.6.)
5.3.1. You will be refunded as soon as possible within 30 days of cancellation
for any such returned goods provided that the goods in question are returned (or
made available for return) in the same condition that they were in when
delivered. You will be liable for all return charges (except as defined in
5.3.4.) if upon return the goods are found to be correct, or as described at the
time of order.
5.3.2. It is the responsibility of ‘The Customer’ to ensure that the reasonable
care is taken of the goods until they are in our possession, or a carrier
appointed by us. Care must be taken when repackaging the goods for return to
ensure that no loss or damage occurs in transit, as any goods which cannot be
sold as new will be subject to a reduction in the refund given.
5.3.3. A re-packaging and/or re-stocking charge may be applied depending upon
the item. This may also be deducted from any refund.
5.3.4. If the goods have been made available for collection by us, all direct
costs met by us during the return of goods shall be deducted from any refund.
These return charges will equate only to the direct expenses incurred by ‘The
Company’ and no profit will be made from the return.
5.3.5. You will be entitled to claim back all carrier/postage costs (both
delivery and return) if the goods supplied are faulty. Minor cosmetic damage and
natural variances in timber buildings such as knots, natural cracks and shakes
are not classed as imperfections or flaws, and not classed as faulty.
5.3.6. We will not accept any return or cancellation if the goods have been
altered, assembled, painted or customised in any way.
Liability:
6.1. We will not accept liability for any product which does not meet ‘The
Customers’ required dimensions, unless the exact dimensions have been obtained
in writing from us, prior to order. All sizes shown are quoted as approximate,
and may be changed at any time.
6.2. ‘The Customer’ should check before ordering that the building will be
suitable for it's intended purpose.
6.3. ‘The Company’ will not accept liability for issues caused by the
installation of any product by a third party.
6.4. If you do not receive goods ordered within 30 days of the date ordered
(unless a longer delivery time had been agreed), we shall have no liability to
you unless notified in writing at our contact address of the problem within 40
days of the date on which you ordered the goods.
6.4. If we (or our suppliers) are unable to supply your order, we will refund
you in full as soon as possible. We will not be obliged to pay any compensation
for disappointment or inconvenience.
6.5. We will not be liable a) for losses that were unforeseeable to both parties
when the contract was made, b) for losses that were not caused by any breach on
the part of the supplier, c) for business losses and/or losses to non consumers.
No liability for damage to property or belongings will be accepted in the event
that the installers are required to access the site through a house or property
(commercial or residential), ‘The Customer’ should ensure that all floor
coverings are protected, and any valuables or breakable objects should be
removed from the thoroughfare.
6.6. In the event that we arrange an installation service, no liability for
damage to property or belongings will be accepted in the event that our
installers are required to access the site through a house or property
(commercial or residential), ‘The Customer’ should ensure that all floor
coverings are protected, and any valuables or breakable objects have been
removed from the thoroughfare.
Warranty:
7.1. All products are guaranteed for a period of 12 months from date of
purchase. This is a parts-only guarantee, and no labour or installation costs
are covered.
7.2. ‘The Company’ is not responsible for any claims based upon extended
manufacturer warranties.
Invalidity:
8.1. If any part of these conditions is invalid, illegal or unenforceable
(including any provision in which we exclude our liability to you) the validity,
legality or enforceability of any other part of these conditions will remain
binding only if it is capable of continuing in existence without the unfair
term.
Governing Law:
9.1. The contract between us shall be governed by and interpreted in accordance
with Scottish law, and the Scottish courts shall have exclusive jurisdiction to
resolve any disputes between us.
Force Majeure:
10.1. We shall have no liability to you for any failure to deliver goods you
have ordered, or any delay in doing so, or for any damage, or defect to goods
delivered that is caused by any event or circumstance beyond our reasonable
control (including, without limitation, strikes, lockouts and other industrial
disputes).
Entire Agreement:
11.1. ‘The Company’ intends to rely upon the written terms set out here,
together with our current web site prices, delivery details and contact details.
If you require any changes, please make sure you ask for these to be put in
writing.
11.2. All terms, conditions, warranties and representations expressed or implied
by statute, applicable local law or otherwise in relation to the goods you order
are excluded.
11.3. Nothing in this condition is, however, intended to limit any rights you
might have as a consumer under applicable local law that may not be excluded,
nor in any way to exclude or limit our liability to you for any death or
personal injury resulting from our negligence.
These Terms and Conditions do not affect your statutory rights as a consumer.