These Standard Terms of Purchase apply to the sale, supply and delivery by Radnor Oak of all Oak Framed Buildings, Product Components and Joinery Products forming part of its Product range from time to time. These Terms may be changed from time to time.
In these Terms the following initially capitalised expressions shall, unless the context otherwise requires, have the meanings set out next thereto:
- Associated Works: shall mean all ground works, site erection, glazing, insulating and roofing and other works of any and every kind required in connection with the installation of a Product.
- Customer: means any purchaser of Products
- Deposit: means the deposit specified in the Special Conditions, being 30% of the Price
- Price: means the aggregate price for the sale, supply (and delivery if quoted for) of the Product or service supplied by Radnor Oak specified in the Special Conditions.
- Products: means all oak framed buildings, components, joinery items and any other items forming part of the Radnor Oak ‘product range’ from time to time
- Project: means the proposed purchase of a Product by a Customer whereby the installation and erection of that Product and all Associated Works are undertaken by a third party i.e. not by Radnor Oak Ltd .
- Radnor Oak: means RADNOR OAK LTD of Unit 13, Broadaxe Business Park, Presteigne, Powys, LD8 2UH.
- Site: means the address for delivery of Products and execution of Associated Works specified in the Special Conditions.
- Special Conditions: means the Special Conditions set out on Page 1.
- Terms: means these Standard Terms of Purchase.
2.1 Quotations for the supply of Products will be valid for a period of 3 months from the date of the quotation. Any order placed after this date will be subject to a revised quotation due to possible increases in materials and overhead costs. All quotations and any order placed pursuant to a quotation are subject to these Terms.
2.2 Price estimates discussed during telephone conversations may be used for internal estimating purposes only. Estimates and quotations are only valid if forwarded in writing by Radnor Oak.
The price for the sale, supply and delivery of all Products ordered shall be as per the Price specified in the Special Conditions. VAT will be added to the Price at the prevailing rate.
4. Order processing and payment
4.1 A Sales Order Confirmation detailing the Products and Price will be emailed and posted to the Customer as soon as possible after receiving an order request from the Customer. A contract shall be formed between Radnor Oak and the Customer as soon as the Customer confirms acceptance of these Terms. Acceptance is deemed to have been given when the Customer pays the Deposit or on receipt by Radnor Oak of a signed Sales Order Confirmation, a signed Product Purchase Agreement and the Customers Deposit payment in cleared funds, whichever is earlier.
4.2 Radnor Oak will issue the Customer with working drawings for Products ordered once Radnor Oak receives the signed documents and the required Deposit in cleared funds from the Customer as per clause 4.1. The working drawings will be prepared by Radnor Oak using information and details taken from the relevant quotation and the Sales Order Confirmation signed by the Customer.
4.3 Radnor Oak may, at its discretion, charge for all revisions or additions to orders or working drawings such as items or information not identified on the relevant quotation and signed Sales Order Confirmation. An estimate of additional costs will be forwarded to the Customer for their approval prior to undertaking any such further revisions.
4.4 The Customer must approve in writing that the working drawings are correct and applicable to their Project. Approval of working drawings or a request for revisions shall be provided to Radnor Oak in a timely manner. Any delay in Radnor Oak receiving approval of working drawings will delay production and delivery of Products ordered. Customers acknowledge that no order will be included in the workshop schedule until such written approval is received by Radnor Oak.
4.5 On receipt of the Customers written approval of the working drawings and second instalment payment in cleared funds, Radnor Oak will include the order in its workshop schedule. The delivery date will be confirmed when the order has been completed in the workshops and all invoices have been paid in full.
4.6 Any request for revisions or additions to an order or drawings will cause delays in the manufacturing process and in such circumstances the delivery date may require re-scheduling.
4.7 Any additions or amendments which the Customer wishes to make to any order must be confirmed in writing or by email. In such circumstances Radnor Oak will issue a revised quotation and Sales Order Confirmation for the Customers approval.
4.8 All payments for all Products or services will include V.A.T. charged at the current rate and are non-refundable. The Customer shall pay all invoices raised on presentation as follows:
- 30% Deposit of Product Price.
- 30% second instalment of Product Price (following approval of working drawings).
- 40% final payment of Product Price (when the Products are ready for delivery).
4.9 Following receipt by Radnor Oak of the Customers cleared Deposit payment, signed Sales Order Confirmation and signed Product Purchase Agreement, the order will be deemed accepted and will become ‘live’ and the Customer shall become obliged to take delivery of the Product and pay for it.
4.10 Payment can be made electronically, by cheque or by most cards to Radnor Oak's bank, details of which will be set out on the invoice. Credit cards incur a fee of 3% of the total transaction unless we advise otherwise. We do not accept some cards for payment. Electronic bank transfer, debit card and cheque payments do not incur any charges.
4.11 Customers recognise that late payment of invoices will cause Radnor Oak to incur liabilities. Any invoice not settled within 5 working days of presentation will be subject to interest charged to the Customer at 3% per week. Delays in payment will result in delays in the production process and the delivery of Radnor Oak’s Products.
4.12 Cancellation and refund of any Deposit or other payment will not be made once Radnor Oak has received a Customer’s confirmation that these Terms are accepted, or a signed Sales Order Confirmation, signed Product Purchase Agreement have been returned to Radnor Oak and Deposit payment in cleared funds has been made, whichever is earlier. Should such a situation arise Radnor Oak Ltd will endeavour to sell the Product to another customer but shall have no obligation to do so. If an alternative buyer cannot be secured within 14 days of cancellation the Product must be paid for in full by the Customer.
5. Working drawings
Radnor Oak will supply working drawings for a standard oak framed building or Product within a Project subject to clause 4.2 unless specified otherwise. In respect of oak framed garages and outbuildings, the constructional detailing of the oak frame and ancillary structural timber items shown on the drawings will be based on recommendations and specifications made by a structural engineer. Foundations and brick work drawings issued will be ‘typical’ and should be used solely as a guide. It is the responsibility of the Customer to confirm with their local authority that the foundations and brick work specifications are suitable for the Project, and to prepare alternatives if required.
6. Title in goods
All goods remain the property of Radnor Oak until paid for in full.
7.1 Radnor Oak will arrange for the delivery of the Products to Site following receipt of the full Price in cleared funds. Delivery will be made by an external transport company. The actual day for delivery will be agreed with the Customer. The Customer agrees to accept delivery of the Products within 21 days of the final invoice being raised.
7.2 All timescales indicated are given in good faith. Time of delivery shall not be of the essence and will be subject to the transport company’s work schedule and traffic conditions.
7.3 It is the responsibility of the Customer to ensure that Site access is suitable for a lorry and large offloading machinery and that suitable machinery is used for off-loading. Radnor Oak is not responsible for arranging or hiring any off-loading machinery or any other machinery.
7.4 The Customer or his / her representative must be available on delivery to receive and sign for the Products which are to be off-loaded. The Customer must ensure that all offloading is carried out in a safe and professional manner. Signing the delivery note after offloading will confirm that the Products delivered conform to the order and were delivered in good condition.
7.5 The Products due for delivery will be stored undercover for 21 days free of charge after the final invoice has been raised. Any storage after this period will be charged for at £25 per day.
7.6 The Customer will be responsible for arranging and overseeing offloading. Any damage caused while offloading and any loss of materials due to theft, damage or any other cause once delivery has been made is the responsibility of the Customer. Any replacement materials required will be charged to the Customer.
7.7 Radnor Oak will not be responsible for any damage caused to the Products, the Customer’s property, any neighbouring property or any highways during the delivery, offloading or erection of any Product or for any other Site operation, or for persons on or in delivery vehicles or using any machinery or tools for any purpose.
8. Site conditions and health & safety
It is the responsibility of the Customer to ensure that the Site is level and clear and is suitable for the safe delivery, offloading and construction of the Product. Radnor Oak will not be responsible for Site conditions, any actions of the Customer, visitors, Site contractors or Site personnel, or for the health and safety of any person on Site or on any neighbouring property or highway, or for persons on or in delivery vehicles or using any machinery for any purpose.
9. Planning & building regulations
9.1 The Customer shall be wholly and solely responsible for complying with all aspects of any planning permission, building regulations, fire regulations or building notices applicable to the Project. Radnor Oak shall not be responsible for obtaining planning permission, building regulations, fire regulations or a building notice unless specifically employed to do so.
9.2 In certain circumstances, Radnor Oak may agree to apply for planning permission and building regulations on the Customer’s behalf. In such situations, the Customer will be advised of the likely cost which will be charged separately to the cost of the Products.
10. Damaged or faulty materials
10.1 Any materials or Products damaged during offloading, whether the operator of the delivery or offloading vehicle(s) is recommended by Radnor Oak or not, will not be the responsibility of Radnor Oak but such materials may be replaced by Radnor Oak at a cost agreed with the Customer which will include additional transport charges. All steps taken to recover damages from the operator or driver of a delivery or offloading vehicle shall be the responsibility of the Customer and Radnor Oak shall have no obligations in this regard whatsoever.
10.2 Radnor Oak shall use all reasonable endeavours to ensure that all materials loaded onto the delivery vehicle are fit for use and are of merchantable quality. Any materials proven to be faulty on delivery will be replaced at no charge to the Customer.
10.3 All claims for replacement of any materials delivered on the basis such materials are faulty must be received by Radnor Oak as soon as possible and in any event within 3 working days of delivery together with photographic evidence of the materials claimed to be faulty. Full details must be provided as to why any faulty Product was not noticed at the time of delivery.
10.4 Radnor Oak will deliver materials which need to be replaced as soon as is practicable but shall have no liability for any delay caused in the construction of a building or Project due to time taken in sourcing and delivering such replacement materials.
11. Insect infestation
11.1 Every timber section comprising part of the Products will be visually inspected by Radnor Oak for signs of woodworm, beetle or any other insect infestation before manufacturing begins. In the unlikely event of Radnor Oak delivering a Product showing signs of insect infestation or insect related damage this must be notified to Radnor Oak immediately.
11.2 Products will be deemed to be in good condition, fit for purpose and conclusively accepted if delivery is made and no notification of faulty Products or infestation is made to Radnor Oak within 3 working days of such delivery. Radnor Oak will not be responsible or liable in any way for any type of infestation found in any Products or buildings or building components, oak or otherwise, after delivery has been accepted or for any problems arising from such infestation.
11.3 Should infestation occur at any time after delivery has been accepted Radnor Oak will, if requested, advise of possible solutions if they are known to Radnor Oak. Radnor Oak will not treat any of its Oak or other framing timbers with stain, preservatives, fungicide or pesticide unless expressly agreed and specified. Some Products or components will be treated with preservatives and fungicide by suppliers prior to being delivered to Radnor Oak workshops.
12. Staining and marks
12.1 Whilst every care is taken by Radnor Oak during the manufacturing and loading of the principle oak frame comprised in a Product, some staining, dents, chips and marks on the frame and on some components are unavoidable. This is primarily due to the nature of the fresh sawn frame and the large sections of timbers used to create this type of Product. Heavy machinery is required to handle the timber sections from the earliest part of the operation in the saw mill to the final beams being lifted into position during Site works. Staining, dents, chips and marks can occur during sawmilling, manufacturing, loading, transportation, offloading and during Site works. These imperfections will not detract from the robust nature of the frame or Product but, if the Customer wishes, staining can in most (but not all) cases be removed by sanding or the use of oxalic acid. It is strongly recommended that any chemical application to include acid washing with oxalic acid is undertaken only by a suitably qualified and trained person. Radnor Oak will not be held responsible for the actions or safety of any person applying chemicals to or removing imperfections from its Products.
12.2 Any tannin marks to masonry, paving or driveways etc. caused by the oak should only last a short time and should eventually disappear. The removal of such marks can be accelerated with brick stain remover but time is the best healer of tannin marks.
12.3 Radnor Oak accepts no responsibility for any staining, dents or marks on any masonry, floors, timber (oak or otherwise), joinery items, driveways or property belonging to the Customer or his/her neighbours, or for the removal of any such imperfections or damage but Radnor Oak may advise on any remedial solution (if known to Radnor Oak) if requested or which it otherwise feels is appropriate. It is not the responsibility of Radnor Oak to clean the oak frame or Products after the manufacturing process or the erection on Site unless it has agreed to do so in its quotation and contract with the Customer.
12.4 Most of the timber sections comprised in a Product which are exposed to the elements will gradually weather naturally to a mellow silvery grey. Oiling or staining within a few days after erection and at regular intervals thereafter may reduce the weathered appearance. It is the responsibility of the Customer to carry out such oiling and staining should they wish to reduce such natural weathering.
12.5 Some oak and other timber components used in Radnor Oak Products may vary in colour and grain configuration. Radnor Oak shall not under any circumstances be responsible for variations in the colour or grain configuration of oak or any other components used in its Products.
13. Joinery products
13.1 Radnor Oak joinery products (doors, windows, staircases etc.) are manufactured from high quality kiln dried oak or softwood. As a standard practice Radnor Oak will apply 1 coat of a clear preserver base coat to all joinery products prior to delivery unless specified otherwise. The base coat offers some initial protection to the joinery items until they are delivered to Site. It is strongly recommended that further protective coats of an appropriate high quality sealant or paint are applied to all joinery products immediately after delivery to Site and that all manufacturers’ guidelines for such sealants or paints are adhered to.
13.2 The Customer expressly agrees to store all joinery products delivered to Site on a dry level surface in a dry environment prior to fitting. Once fitted all planed faces must be resealed immediately. The Customer further agrees to fit a roof and guttering (if applicable) as soon as possible after the building has been erected to protect the building and all joinery items fitted. Radnor Oak will accept no liability for any damage or malfunction caused to joinery products by reason of any failure by the Customer or its Site contractors to act as aforesaid.
13.3 Radnor Oak will not be responsible for any movement or leakage in joinery products supplied but will replace any Product proven to be faulty on delivery at no charge to the Customer.
13.4 Radnor Oak will not be responsible for the manner in which joinery products are fitted on site by a Customer or any site contractor.
13.5 It is critical that all joinery products are correctly stored, sealed and installed. Radnor Oak will not be responsible for any water leakage or damage to buildings or Products due to incorrect storage, sealing or installation of any joinery products.
13.6 Some oak or other timber used in Radnor Oak’s joinery Products may vary in colour and grain configuration. Radnor Oak shall not under any circumstances be responsible for variations in the colour or grain configuration of oak or any other components used in its joinery Products.
13.7 Radnor Oak will not supply glass or ironmongery unless expressly specified in any quotation and order.
14. Movement & weathering of timber
14.1 Radnor Oak Products are jointed and manufactured from natural materials using traditional framing, joinery and carpentry methods. The principal structural oak frames will be jointed from unseasoned oak (commonly known as green oak or fresh sawn oak) unless specified otherwise. The Customer acknowledges that the oak and joints are liable to move and shrink, and that each frame will take time to settle after being erected. This movement will not impair the structural integrity of the building. Radnor Oak will not be responsible for the movement of any timber section, oak or otherwise, within any building incorporating its Products, or any problems arising from such movement to include water ingress into any building, whether timber related or otherwise. The Customer acknowledges that some bending, splits and cracks (sometimes referred to as checks or checking) will appear on some components of Radnor Oak Products due to the natural seasoning and movement of timber. All components and Products will be deemed fit for purpose prior to manufacturing. Radnor Oak will not be responsible for bending, splits, cracks or checks in its Products to include periods of storage and transportation, or for any problems arising from aforesaid.
14.2 Oak and other timber change colour with time (often referred to as weathering). Radnor Oak will not be held responsible for the discolouration of timber comprised within its Products.
15. Standard weatherproofing and softwood components
15.1 Where oak weatherboarding is ordered by the Customer this will be supplied from fresh sawn oak in lengths up to 4.20m at Radnor Oak’s discretion and always subject to availability. It is recommended that oak weatherboarding is fitted with an overlap of 50mm. Fixings should be stainless steel or copper.
15.2 Where softwood weatherboarding is ordered by the Customer this will be supplied from treated softwood in lengths up to 6m at Radnor Oak’s discretion and always subject to availability. It is recommended that softwood weatherboarding is fitted with an overlap of 50mm. Fixings should be stainless steel, copper or galvanised steel.
15.3 Weatherboarding can bend, cup and split whilst stored in packs and after it has been fitted. This is a natural characteristic of timber which is exposed to the elements. Radnor Oak will not be responsible for boards which bend, cup or split after they have been delivered but will if requested replace any boards at an agreed cost.
15.4 Unless requested otherwise, wall studs, wall diagonal bracing, rafters, ridge board, roof diagonal bracing, floor joists and softwood weatherboarding will be supplied from a suitable structural grade of treated softwood and may include grading stamps on some faces. These will be supplied from planed or sawn timber in over length sizes. Every effort will be made to ensure that suitable timber is delivered. Radnor Oak will not be responsible for any variation in the dimensions or colour of these items or for any bending, cupping or splitting after delivery has been made.
15.5 A small amount of surplus ancillary components and weatherboarding will be delivered with all Radnor Oak standard buildings. Any shortage of components due to incorrect cutting on site will not be the responsibility of Radnor Oak. It is recommended that all longer sections of weatherboarding and other components are fitted first so that off-cuts can be used for shorter spans. Radnor Oak will deliver additional materials at an agreed price should these be required.
15.6 Off-cuts of timber components, wood chips, saw dust and any other surplus materials created during the Site operations, whether supplied by Radnor Oak or by others, are the responsibility of the Customer.
16. Site operations
16.1 Radnor Oak works with teams of approved regional consultants (experienced contractors who undertake site visits, provide design and other advice, and who undertake ground works, frame erection, roofing and landscaping). All such consultants are bona fide contractors within their own right and carry their own insurances. Whilst Radnor Oak may recommend a contractor or consultant which it feels will be suitable for a particular Project (if Site work is required), it will not be responsible for any aspect of the conduct of such contractor or consultant (including approved regional consultants) in carrying out Site work. Radnor Oak will not supply any Site visits or Site construction services unless quoted for and contracted independently of any Products supplied to a Customer.
16.2 The Customer must enter into a separate contract with the contractor or consultant it engages to carry out Site work to include erection dates, contract price and all other contractual details and Radnor Oak shall have no responsibility whatsoever for the conduct of the contractor or consultant (including any approved regional consultant) in carrying out any aspect of Site work.
16.3 At no point will Radnor Oak become involved in any discussions or disputes with any independent site contractor or consultant (including any approved regional consultant) involved in a Project whether recommended by Radnor Oak or otherwise.
16.4 Radnor Oak will not be responsible for the methods of construction or health & safety procedures used by any independent site contractor or consultant (including any approved regional consultant).
16.5 The Customer will ensure that its Site contractors and consultants carry all valid insurances.
16.6 Radnor Oak will not be responsible for supplying, hiring or operating any equipment, machinery, scaffolding or skips necessary to undertake the Site operations unless specifically contracted to do so.
16.7 The Customer shall ensure that all Radnor Oak Products are installed as soon as possible after delivery to Site to ensure that Products are installed in their delivered condition. It is recommended that installation should proceed on the day of delivery where possible and be completed without undue delay.
17. Photography & intellectual property
17.1 Radnor Oak will at all times remain the owner of all design rights and intellectual property in the Products and buildings it sells directly or through consultants or others, and the Customer expressly agrees that any drawings, designs, documents, images or quotations provided by Radnor Oak will not be passed to or used by any person other than the Customer and his/her Site contractor, without the written permission of Radnor Oak. The Customer acknowledges that at no time will any such intellectual property or designs belonging to Radnor Oak be copied or used for any purpose without the express written permission of Radnor Oak.
17.2 Radnor Oak reserves the right to take photographs (of the Products it sells) for marketing purposes and the Customer agrees to accommodate the taking of such photographs by Radnor Oak or by a professional photographer appointed by Radnor Oak. The copyright in these photographs will remain the property of Radnor Oak at all times. The Customer shall not allow professional photography of the building by any other party unless authorised by Radnor Oak.
17.3 The Customer hereby expressly authorises Radnor Oak to use photographs it has taken of Products for marketing purposes including featuring on its Website. Radnor Oak shall procure that any photographs of a Product sold to a Customer it uses for marketing purposes will not divulge any of the Customer's personal details, including name, address or car registrations.
18. Structural calculations
On request after receipt of a cleared Deposit payment, signed Sales Order Confirmation and signed Product Purchase Agreement, Radnor Oak will supply a structural engineers report for standard oak framed garages and outbuildings pursuant to a Project to include the principal oak frame and ancillary timber items such as wall studs, rafters, ridge board, floor joists and wind bracing. Such reports will include any specific details recommended by the structural engineer relevant to standard Radnor Oak standard products. Structural reports for non-standard (bespoke) Products may be provided (at Radnor Oak’s discretion) at an agreed cost and may involve delays in the manufacturing process due to engineers’ workloads. Structural reports supplied by Radnor Oak will be specific to the Oak frame and ancillary timber framing elements of the Products which are being supplied by Radnor Oak. Any other specifications required by a Customer including those relating to foundations, masonry, fixing, additional wind loads, civil engineering requirements or to any other items not included in the report provided by Radnor Oak’s structural engineer must be sourced independently by the Customer or by its architect or other consultant.
19. Force majeure
Radnor Oak shall have no responsibility for any delays or failures to meet its obligations due to any cause outside its reasonable control including (without limitation) Acts of God, war, riot, malicious acts of damage by third parties, civil commotion, strike, lockout or industrial dispute in connection with any third party unrelated to the parties, refusal of licence, power failure or fire. Should any such failure of performance persist for a period of 1 (one) month or more by virtue of any of the aforesaid events then Radnor Oak may terminate its agreement with the Customer, without any liability on its part by written notice.
20. Exclusion of liability
20.1 Save that the Products will be of merchantable quality, fit for their purpose and conform to specification and drawings Radnor Oak hereby excludes all other warranties, both express and implied, absolutely. The Customer acknowledges that, in entering into this Product Purchase Agreement, it is not relying on any representation, warranty or other assurance except those set out herein and the Customer unconditionally and irrevocably waives all claims in respect of any other representation unless made fraudulently.
20.2 Without prejudice to the foregoing or any other provision of these Terms and for the avoidance of all doubt, Radnor Oak shall have no responsibility and excludes all liability for:
- (i) any loss of materials due to theft, damage or any other cause once delivery has been made;
- (ii) any damage caused to any property or highway during the delivery, offloading, construction or erection of any Product or for any other Site operation;
- (iii) for obtaining planning permission, building regulation approval (to include fire regulations) or a building notice, or for ensuring compliance with building regulations in relation to a Project unless specifically employed to do so;
- (iv) for any type of woodworm, beetle or other infestation found in any Products after delivery has been accepted;
- (v) for any staining, dents or marks on any masonry, floor, timber, oak or otherwise, or for the removal of any such stains, marks or dents;
- (vi) for any movement in joinery Products supplied by Radnor Oak subject to a responsibility to replace any product proven to be faulty on delivery at no charge;
- (vii) for the manner in which joinery Products are fitted during a Project by any site erector;
- (viii) for any water leakage due to incorrect installation of any Products;
- (ix) for the movement of any oak or timber section within a building incorporating Radnor Oak's Products or any problems arising from such movement;
- (x) for any oak or softwood timber components, weatherboarding or joinery items which split, cup or twist after they have been delivered;
- (xi) for any variation in the dimensions of oak or softwood timber components or weatherboarding supplied by Radnor Oak or for any shortage in components due to incorrect cutting;
- (xii) for any variation in colour or grain configuration of any oak, softwood, joinery items or any other Product supplied;
- (xiii) for any aspect of the conduct of a Site contractor or its timekeeping;
- (xiv) for the methods of building or erection used by any independent erection team or site contractor.
20.3 Without prejudice to any other provision hereof to the extent permissible by law, it is agreed that the liability of Radnor Oak for damages (if anything) shall not exceed an amount equivalent to the Price paid or payable by the Customer for the Products and that this shall be the Customer's sole remedy.
20.4 In no event shall Radnor Oak be liable for loss of profits or consequential or indirect losses of any kind or for any exemplary damages.
20.5 This Clause 20 shall extend to Radnor Oak's liability in tort (if applicable) as well as in contract
20.6 No limit on liability shall apply to claims for death and personal injury or for fraudulent statements.
21.1 Notice. Any notice served pursuant to these Terms shall be properly served if sent to the address of the other party contained herein or to such other address as such party may have notified to the former in writing for such purpose and shall be deemed delivered by
- First class registered post – 48 hours after despatch
- by hand delivery –immediately upon delivery
21.2 Right to Assign. The Customer may not assign his rights under any agreement incorporating these Terms.
21.3 Choice of Law. Any agreement incorporating these Terms shall be governed and construed in accordance with the laws of England and the parties hereto hereby agree and consent that any dispute arising hereunder shall be subject to the exclusive jurisdiction of the English courts.