Terms & Conditions
1. These terms & conditions apply to all quotations, orders, sales and installations. By making a payment in part or in full, the customer accepts these terms and conditions.
2. All quotations are valid for a period of 14 days. Any clerical errors, whether verbal or written, may be subject to correction if necessary. The customer undertakes to have sufficient funds available to pay the invoice in full from the day of order with any outstanding balance to be paid no later than the day of delivery – (unless requested otherwise in writing). Deposits are used to order materials for the customers job and are therefore non-refundable. All buildings/materials remain the property of Marshgate Timber until payment is made in full. We reserve the right to enter a property and remove materials/buildings that are left unpaid for a period of 30 days from the day of delivery – it is agreed that the customer will allow us full site access for this purpose.
3. Date and time of delivery are given as accurate as possible, however, occasionally there may be delays, usually due to adverse weather conditions or delayed timber deliveries. For this reason, unless stated otherwise, quoted delivery dates are not part of the terms of any contract. No reduction in price will, therefore, be made for late delivery. Marshgate Timber recommends a square, level and prepared concrete base. A well prepared base is essential to the overall finish of the building. We require good access up to the customers base for a 4x4 and trailer or a small lorry. If the building site does not allow access up to the base, it is the customers responsibility to transport the materials up to where the building is to be erected. Due to Health and Safety Regulations, we can only carry buildings/materials a short distance. Marshgate Timber is not responsible for defects or movement caused by an unsuitable base, poor ground conditions or later changes to the site. We do not recommend buildings be located in exposed locations or at high elevations (over 150m) and will not be held liable for any damage caused by the customers siting of their building/materials. Any photographs provided are for illustration purposes and are not necessarily identical to the building being quoted. Marshgate Timber cannot be held responsible for inaccurate drawings or specifications supplied by the customer. As we are continually trying to improve our products, we reserve the right to make changes to our own published specifications and designs without notice. Marshgate Timber cannot be held liable for buildings that are erected by the customer or a third party.
4. Acceptance on Delivery / Installation - 4.1 The building/materials shall be deemed fully inspected and accepted by the customer upon delivery and/or completion of installation. 4.2 Acceptance confirms that the building/materials are of satisfactory quality, free from defects apparent on reasonable inspection, and fit for their intended purpose. 4.3 Any claim relating to fitness for purpose must be notified within the period stated in clause 8. 4.4 Marshgate Timber shall have no liability for any allegation that the building/materials were not fit for purpose where the building/materials have been used, occupied, or otherwise relied upon for any period of time after delivery or installation
5. The Customer is solely responsible for: - Providing a suitable, level, load‑bearing base prior to installation. Ensuring adequate drainage and ventilation to their building. Obtaining all planning permissions, consents and approvals. Ensuring safe access for delivery and installation. Protecting the building/materials from damage after installation. Ongoing maintenance including regularly treating timber, clearing gutters, repairing any damage, clearing snow from large roofs, maintaining the roof covering etc. Customers must ensure that all buildings/materials delivered to site are adequately covered by insurance against fire, theft, extreme weather conditions, snow damage or any other loss or damage. It is the customers responsibility to ensure their timber building is securely fixed down in place. Failure to meet these responsibilities voids any warranty or claim.
6. All timbers are inspected at the time of manufacture. However as timber is a natural product we cannot accept responsibility for any warping, cracking, shrinking, splits, knots or any other movement after delivery/erection is complete. Marshgate Timber is not liable for latent defects that could not reasonably have been identified at the time of manufacture or installation. Any structural or material issues arising from natural timber behaviour, ground movement, moisture, weather exposure or site conditions are expressly excluded from liability.
7. Marshgate Timber accepts no liability for any damage, deterioration or defect caused by: Storm, wind, snow, frost, fire, flood, rain, temperature change or any other weather‑related damage. Damage caused by ground movement, subsidence, heave or inadequate foundations. Damage caused by animals, pests, vegetation, rot due to poor ventilation, condensation or lack of maintenance. Any deterioration resulting from the customer’s failure to treat, seal or maintain the timber or other components within their building. Any damage caused by the result of work carried out internally or externally on the timber building by the customer or a third party contractor. Marshgate Timber has no responsibility for the suitability of the customer’s base, ground conditions or site preparation. – These matters are entirely at the customers risk.
8. Strict Reporting Period for Defects - 8.1 Any defect, fault, or concern of any kind must be reported in writing within 30 days of delivery or installation. 8.2 Marshgate Timber shall have no liability for any defect, deterioration, or failure reported after this period, whether latent or apparent.
9. Latent Defects - 9.1 To the fullest extent permitted by law, Marshgate Timber accepts no liability for any latent defect that could not reasonably have been identified at the time of manufacture or installation. 9.2 Latent defects arising from natural timber behaviour, moisture content, environmental exposure, ground conditions, or any failure by the Customer to maintain the building/materials are expressly excluded. 9.3 The Customer acknowledges that timber is a natural material subject to movement, shrinkage, expansion, warping, splitting and other natural variations. These do not constitute defects.
10. Fitness for Purpose - 10.1 The building/materials are deemed fit for purpose upon delivery and/or installation. 10.2 Any claim relating to fitness for purpose must be notified within the period stated in clause 8. 10.3 Marshgate Timber shall have no liability for any allegation that the Goods were not fit for purpose where the Goods have been used, occupied, or otherwise relied upon for any period of time after delivery or installation.
11. Limitation of Liability - 11.1 To the fullest extent permitted by law, Marshgate Timber’s total liability for any claim shall not exceed the price paid for the Goods. 11.2 Marshgate Timber shall not be liable for any indirect or consequential loss, including loss of use, loss of profit, or loss of livestock.
12. Negligence - To the fullest extent permitted by law, Marshgate Timber excludes all liability for loss or damage arising from alleged negligence in design, manufacture, construction or installation. 12.1 The Customer acknowledges that the Supplier’s duty of care is limited strictly to the work carried out and does not extend to: the Customer’s base or ground conditions, the Customer’s maintenance practices, the customers siting of their building, weather or environmental exposure, any modifications or alterations made by the Customer or third parties 12.2 Nothing in this clause excludes liability for death or personal injury caused by the Supplier’s proven negligence, as required by law
13. Force Majeure – Marshgate Timber is not liable for delays or failures caused by events outside its control, including extreme weather, supply chain disruption or labour shortages.
14. By placing an order with Marshgate Timber, the customer agrees to these terms and conditions.
