Warranty
WARRANTY
1. General provisions
1.1. This document (the “Conditions”) governs the general requirements for the storage and maintenance of the products of Palmako AS (the “Seller”), the conditions of the warranty against defects and the procedure for submitting and handling claims and complaints arising from the warranty.
1.2. Unless stated otherwise, the Conditions shall apply to the sale of all products manufactured by the Seller (the “Product” or “Products”) by the Seller or an authorised reseller of the Seller’s Products regardless of whether the buyer is a person engaged in economic or professional activities or a consumer (the “Buyer”).
2. General requirements for the storage and maintenance of the Products
2.1. Storage of the Product and its packaging before installation. After delivery, the Buyer shall store the Product in a manner that ensures the preservation of the Product and its packaging without any damage. The Product and its packaging must be stored in a dry place, avoiding direct exposure to the ground and ensuring protection from the weather (including direct sunlight and dampness); the storage of the Product in a room heated to a high temperature must also be avoided.
2.2. Protection from the weather. In order to protect the Product from the weather, the Buyer must treat the Product with a wood preservative immediately after instalment (except if the Product has already been treated with a wood preservative by the Seller). Depending on the type of the Product (a wooden building, laminated timber product or other end product made out of wood), the Product must be maintained as follows for the warranty to be in effect:
2.2.1. All wooden Products must be treated with a wood preservative and thereafter painted on a regular basis as this will significantly extend the lifespan of the Product. A wooden building (including the doors and windows) must be painted using generally approved paint meant for wooden buildings within 4 weeks from the erection of the walls at the latest. When painting or repainting the building, the specifications and instructions provided by the paint manufacturer must be followed.
2.2.2. When selecting a location for the wooden building, the Buyer must make sure that the Product will not be exposed to extreme weather conditions (areas that experience heavy snowfalls and strong winds); otherwise the Product should be attached to the subsoil (e.g. with anchors);
2.2.3. At least within the first three years, the shrinking bolts and threaded rods (if they are part of the Product set) must be tightened or loosened as necessary;
2.2.4. Foundation ventilation has to be ensured;
2.2.5. The roof covering must be regularly checked for leaks and ridge ventilation has to be ensured for insulated roof;
2.2.6. The Products must be protected against damage caused by humans, animals or plants (e.g. kicks, bumps, scratches, damage caused by pressure water or plant roots, etc.);
2.2.7. Holes that have appeared in the Product due to the knots fallen out have to be filled with appropriate wood-filler.
2.3. Storage of documents and data. The Buyer shall preserve all documents accompanying the Product (including the invoice, consignment note, CMR waybill, and assembly manual along with the inspection certificate) and shall ensure the preservation of the Product’s unique pack number (the pack number can be found on the label on the Product’s packaging and on the inspection certificate in the assembly manual).
2.4. Product-specific use and maintenance requirements. In addition to the requirements set out above in this chapter, the Buyer shall store, use and maintain the Product in accordance with the requirements set out in the documents and manuals accompanying the Product.
3. Warranty requirements
3.1. The warrantor. The warranty for the Products is provided by Palmako AS, address Näituse 25, Tartu 50409, Estonia, phone +372 7 355 530, fax +372 7 355 544, email contact@palmako.ee.
3.2. Warranty period. Unless stated otherwise upon sale of the Product or in these Conditions, the Seller shall provide warranty for the Products for a period of five years. The warranty period will start on the date of delivery of the Product to the Buyer. It is presumed that the date of delivery of the Product is the date indicated on the invoice issued to the Buyer for the Product. The repair or replacement of the Product within the warranty period shall not result in the extension of the warranty period or the providing of a warranty for a new warranty period. The warranty provided for the parts repaired or replaced within the warranty period applicable to the Product will expire at the date of expiration of the warranty provided for the Product as a whole.
3.3. The warranty applicable to the Product does not extend to roof covering materials, acrylic or glass surfaces, door and window hinges and joints, locking systems or other accessories for the Product not manufactured by the Seller.
3.4. Requirements for validity of the warranty. The warranty shall be valid only if:
3.4.1. the Product has been bought from the Seller or its authorised reseller or via its official sales channels;
3.4.2. the Buyer has paid all invoices issued for the Product by the time of the warranty event;
3.4.3. the Product has been properly stored, used and maintained (please see section 2 above);
3.4.4. The Product has not been subject to repairs or modifications which are not in compliance with the Product’s manual or use or maintenance requirements.
3.5. Warranty events. Design defects, missing parts, the use of materials not complying with the applicable quality requirements as well as all other defects of the Product that would result in the lack of conformity of the Product and the regarding of which as warranty events is not excluded hereby shall constitute warranty events.
3.6. The following shall not constitute warranty events:
3.6.1. swelling, shrinking and colour variations resulting from the inherent physical properties and peculiarities of wood as a natural material;
3.6.2. branches and knots which do not affect the Product’s stability;
3.6.3. knot holes with a maximum diameter of 10 mm in wooden parts (including if they are located at the edges of the parts but have been concealed by the finishing);
3.6.4. small drying splits or cracks in wooden parts that do not pass through and do not affect the Product’s stability;
3.6.5. the twisting of wooden parts if they can nevertheless be installed;
3.6.6. resin pockets in wooden parts;
3.6.7. non-planed areas, colour variations, waning and knot holes in floor and ceiling boards if it is possible to place the boards such that the defects are concealed in the assembled Product (e.g. by turning the boards over);
3.6.8. the use of finger jointed parts in the walls or doors/windows of the Product;
3.6.9. defects of the Product caused by: – incompetent or incomplete assembly or a foundation being of an unsatisfactory quality; – wrong handling or use of the Product, its parts or materials or failure to comply with the requirements for storage and maintenance of the Product by the Buyer; – modifications to the Product or its parts made without the prior consent of the Seller; – too tight fixing of the Product’s storm braces, the screwing of the door frames or casings onto wall logs, etc., as a result of which wooden parts cannot freely expand and contract; – failure to protect the Product against stormy weather (by the use of, e.g., anchors, roof fixing, etc.); – humans, animals or forces of nature such as a wind speed of seven or more on the Beaufort scale, natural disasters or other events having catastrophic consequences (e.g. a lightning strike, thunder or hurricane); – the use of inappropriate roof covering (including if the load capacity of the roof of the Product is not taken into account) or wrong installation of the covering, or the installation of an insufficient insulation layer under the shingle or felt roofing in the process of roof construction; – the fact that the Buyer has stored the unassembled Product for more than a year; – the use of spare or additional parts or accessories which are not original parts and for the use of which no prior consent has been received from the Seller.
3.7. The Buyer shall lose the right to exercise the rights under the warranty if the Buyer:
3.7.1. has not properly inspected the quantity, completeness of set and quality of the Product upon receipt if the defect of the Product would have been apparent on a reasonable inspection. The Buyer shall inspect the quantity, completeness of set and quality of the Products as soon as possible after having received the Product but definitely before assembly;
3.7.2. has not informed the Seller of the defect of the Product on time. The Buyer must inform the Seller of all problems related to the quantity, completeness of set and quality of the Product immediately but not later that within seven (7) calendar days after the Buyer has or should have discovered the problem;
3.7.3. has submitted false information to the Seller in relation to the Product or the warranty event.
3.8. Rights under the warranty and exercise thereof. Under the warranty, the Buyer shall be entitled to request that the defects of the Product discovered within the warranty period be remedied in accordance with clause 4.3 below. The warranty shall not confer any other rights on the Buyer, including the right to request compensation for any damage sustained or expenses incurred by the Buyer. In order to exercise its rights under the warranty, the Buyer must submit a complaint to the Seller as set out in clause 4.1 below. All possible differences of opinion relating to the existence and exercise of rights under the warranty shall be resolved as set out in clause 4.2 below.
4. Procedure for submitting and settling of complaints
4.1. Submitting of complaints. All complaints related to the Products must be submitted to the Seller in writing, by fax or email; the following data must be included in and documents enclosed with a complaint:
1) the name or code and pack number of the Product (can be found on the label on the packaging and on the inspection certificate being part of the assembly manual) as follows: PE-……….);
2) a copy of the inspection certificate being part of the assembly manual, including the Buyer’s description of the problem and suggestions for settling the matter, and the name and contact details of the Buyer;
3) a copy of the specification sheet(s) of the parts of the Product where the Buyer has clearly indicated the position numbers and quantities of the defective parts;
4) the Product’s purchase invoice. It is also strongly recommended that the Buyer should include a photo (or photos).
4.2. Differences of opinion on whether the complaint is justified. If the Parties are unable agree on whether the complaint is justified or on how to resolve the matter, the Parties shall seek the opinion of an independent expert chosen by them. The Parties shall pay the costs related to seeking an expert’s opinion in equal shares unless otherwise agreed by them.
4.3. Ways of settling the complaint. If there is a warranty event, or in other cases where a justified complaint relating to the lack of conformity of the Product for which the Seller bears liability is submitted within the warranty period:
4.3.1. the Seller shall, upon its sole discretion, decide on whether it will remedy the defects of the Product at its own expense, will replace the defective part(s) of the Product or will deliver the missing part(s). If the Seller is of the opinion that it would be unreasonable to repair the Product, the Seller is entitled to replace the Product instead of repairing it. If the Seller replaces the Product or its part, the Buyer must return the defective Product or its part to the Seller upon the request of the Seller.
4.3.2. In special cases, the Parties may agree that the Buyer will remedy the defects. In this case, the Buyer must submit an estimate of the expense of remedying the defects to the Seller beforehand. If the Seller approves the estimate, the Buyer must submit expense receipts and other evidence of incurring the agreed expenses to the Seller after having incurred the expenses. Only expenses directly related to remedying the defects which ensure that the defects are remedied in the most efficient and reasonable manner and which have been approved by the Seller are deemed to be justified expenses.
4.3.3. If agreed so by the Parties, defects can also be remedied or rectified in another manner.
4.4. Costs of carriage. The costs of carriage of the Product or its part(s) related to exercising the rights arising from the warranty or otherwise bringing a justified complaint shall be paid by the Seller, except if it turns out (including in cases where it transpires later) that there was no warranty event, the complaint was not justified or that the transport of the Product or its part(s) was pointless due to circumstances attributable to the Buyer. The Seller will reimburse any additional costs incurred by the Buyer (including costs of carriage) only if the Parties have agreed thereon beforehand.
5. Miscellaneous
5.2. The warranty given by the Seller does not preclude or restrict the right of the Buyer to have resort to other rights conferred by law or contract, including legal remedies.
5.3. Nothing herein shall prejudice the statutory rights of a Buyer being a consumer under a contract of sale which cannot be derogated from by agreement.
5.4. These Conditions and the warranty given by the Seller shall be subject to Estonian law. Estonian courts have jurisdiction to resolve all disputes related to the warranty; the competent court of first instance is the Tartu County Court (the Tartu Court Building).
5.5. The present version of the Conditions shall enter into force on 1 January 2015
Terms & Conditions
OUR DETAILS
Timber Cabins & Summerhouses Ltd trading as Summerhouses Unlimited
Registered Address: First Floor Suite, 2 Hillside Business Park, Bury St Edmunds, Suffolk, United Kingdom, IP32 7EA
Company No: 13120690
Telephone:
01522 253055
PRIVACY
Summerhouses Unlimited do not share or sell any information provided to us either online or in person with third parties, excluding with the relevant delivery company to fulfil your purchase requirements. The information provided to us is solely used to process your quote and/or order. No payment details are retained by us once payment has been approved.
MAKING AN ONLINE PURCHASE
Upon checkout you will be asked to confirm your order. If you wish to make changes at this stage and are unable to do so please contact us on one of the above numbers. Terms and Conditions must be accepted before you can proceed to payment. Confirmation of your order will be sent to you via email to the email address provided.
MAKING A PURCHASE IN PERSON
Summerhouses Unlimited will work with you to establish which timber building you would like to purchase. We will then provide a formal no obligation quotation. Upon accepting the quote, you will receive an invoice and a copy of our Terms and Conditions, as laid out in this document. You will also receive a site survey form, relevant parts of this will also need to be completed.
For your order to be accepted and processed you must agree and sign to confirm you understand and accept our terms of sale. We reserve the right to cancel any order where Terms and Conditions have not been accepted.
PAYMENT TERMS
When purchasing from Summerhouses Unlimited full payment for the building and consumables is required at the time of ordering, unless previously agreed otherwise in writing. We accept most methods of payment including online banking transfer (details upon request), debit cards and credit cards. All payments are made in GBP (£). Please note we do not accept AMEX. All payments are subject to validation checks and authorization by the card issuer.
If payment from the card issuer is refused we reserve the right to cancel or postpone the order, if this is the case Summerhouses Unlimited will not be held liable for any delay or non-delivery. If you have purchased our installation service for your building a payment plan for this will be given to you and will normally be made up of a payment a few days before the installation with the balance to be settle on the day of completion. This payment plan will be supplied in writing either on the invoice or by email.
We ask that the person responsible for making the final payment to be present on the last day of the install. Payment of any remaining monies owed to Summerhouses Unlimited is to be settled in full on the day of completion. Once full and final payment has been made you will be given the keys to your new timber building. All property remains that of Summerhouses Unlimited until payment has been made in full. We reserve the right to take any necessary steps to recover unpaid balances, with any interest charged on a daily basis at 4% above the Bank of England base rate, administration charges, legal fees or recovery costs being sought in addition to the final balance owed. Late payment is defined as any balance that is outstanding 48 hours after install completion. In the case of not being able to make the final payment we ask that you contact us at the earliest point to discuss this. Where final payment hasn’t been made Summerhouses Unlimited will retain the keys to your timber building until the account has been settled.
ACCEPTING AN ORDER
Summerhouses Unlimited may refuse to accept an order under any circumstances which may include, but are not limited to:
1) Where goods are not available
2) Where we cannot obtain authorization for payment
3) If there has been a pricing or product description error
4) If we cannot make sufficient contact with the person placing the order
5) If you do not meet any eligibility criteria set out in our Terms & Conditions
If cancellation of an order does take place, Summerhouses Unlimited will make you aware at the earliest available time.
WARRANTIES
Summerhouses Unlimited products carry a standard warranty direct from the individual manufacturer. This is usually three years for the building and one year for windows and doors, but may vary with each manufacturer. Full details can be found on our website.
In all instances, Summerhouses Unlimited will refer back to the manufacturers warranty.
SITE SURVEYS FOR PURCHASES AND INSTALLS
All purchases of timber buildings require a basic site survey to be completed. This is primarily to provide the delivery company with accurate access needs. Incorrect or incomplete site survey forms may result in your order being cancelled or delayed. Site surveys can be completed by the customer, the aim is to ensure delivery runs as smoothly as possible, adding no additional charges for the customer if specialised delivery methods are required.
Where an incomplete/inaccurate site survey form has been submitted, Summerhouses Unlimited reserve the right to review any charges and in extreme circumstances cancel an order with a charge of £200 + VAT. Where the install service has also been purchased a more detailed site survey form will need to be completed by the customer, this is only applicable if a member of Summerhouses Unlimited staff has not visited your property. Full details on how to complete a site survey are laid out in the site survey form.
DELIVERY
Our timber building products are, in the main, made to order. Products such as sheds, garages, log cabins and summerhouses will have a standard lead time. The lead time will be discussed with you at the time of placing your order, if it is not advertised on the product listing on the website. Where a specific date is required please make us aware in good time so we can confirm this date is achievable with the manufacturer and the delivery company. If there are any delays, Summerhouses Unlimited will make you aware soon as possible.
Website sales are only for delivery of products to customers in the UK mainland. We do not deliver to offshore locations. Locations such as Northern Ireland, the Channel Islands, Isle of Man, Orkney, Shetland and Scottish Islands will be purely on request and after individual discussion and written confirmation from Summerhouses Unlimited. Any additional charges outside of the above will be the responsibility of the customer.
Standard delivery practice will mean your order is delivered to the address selected at time of ordering and usually placed at the front of the property, for example, your driveway. The courier company will contact you on the number provided to inform you of a delivery date. If the date is not available they usually offer alternative dates. If a later delivery date is selected by yourself Summerhouses Unlimited cannot be held liable for additional delays.
Summerhouses Unlimited shall be under no liability whatsoever for any delay or failure to deliver the products within our estimated timescales. Factors that can affect delivery times can include but are not limited to:
1) An unprecedented peak in seasonal sales
2) Manufacturer delays
3) Factory opening times including national holidays and shutdowns
4) Delivery company workload
5) Vehicle breakdowns
6) Staffing
Delivery of materials can be made in the week leading up to your install, please make our team aware if this isn’t possible. Summerhouses Unlimited will not be held liable for any deliveries that are turned away at the customer’s request. If materials have been turned away, we reserve the right to reschedule the install and charge a return fee of £200 + VAT.
NOTE: Please ALWAYS let us know when you have been contacted with a delivery date for your cabin. Some materials will come separately to the cabin and these need to be arranged once a delivery date has been confirmed to you, Please call us on 01522 253055 to let us know.
INSTALL SERVICE
Summerhouses Unlimited offer an installation service that is usually booked at the time of ordering, however this can be added on at a later date. Should you wish for us to quote for this please contact us on the above number quoting your invoice number. Whilst our installers are skilled at what they do, they are not qualified carpenters. They will aim to fit your cabin to the required specification but will not be held accountable should you request changes to the cabin from what was originally ordered. It is assumed by Summerhouses Unlimited that where work will involve access to a neighboring property/garden the customer will seek the relevant permissions prior to the install date. If access to your property or a neighboring property is not granted, this may delay the install and you may incur a ‘return to job fee’ based on the cost to us to reschedule the job. An install date will be booked through the operations department, if this has to be rescheduled due to unforeseen circumstances Summerhouses Unlimited will notify you at the soonest point possible. Once the job has been completed you will be asked to sign the job off, by signing you are confirming you are happy with the work that has been carried out and committing to pay any outstanding install monies owed within 24 hours of the install date.
Summerhouses Unlimited will not be liable for any economic losses or claims including, but not limited to loss of revenues, data, profits, expenses, contracts, business or anticipated savings; or loss of goodwill or reputation; or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non-delivery or incomplete delivery of goods ordered from Summerhouses Unlimited. Where you use a third-party installer, the contract is between you and the installer. With installation prices quoted it is assumed that access to the install site is unobstructed and bears no health and safety risks to our installers and is subject to a completed site survey.
WASTE DISPOSAL
Please note waste from the install of your timber building (wrapping, wood, pallets, etc) cannot be taken away by the install team unless arranged at the point of ordering.
BASE WORK
In the event of a base already being in place or installed by a third-party, Summerhouses Unlimited reserve the right to cancel or put on hold an install if that base work is deemed unlevel or sub-standard. You will be advised of the next steps available to you and any additional costs. If the install goes ahead as per the customer’s request Summerhouses Unlimited will not be held liable for any movement issues that arise from building on a substandard base.
MATERIALS
The nature of the products we supply means they can be affected by the environment, unlike plastic, steel or other man-made products. As timber is a natural product it will have grains and knots which will vary, these variations can absorb timber treatments and react to the atmosphere differently. Some splitting of the timber may occur as it expands and contracts with changes in humidity and temperature. Any extreme changes in climate may cause knots to fall out, this is perfectly natural and in no way undermines the integrity of the building. This is not classed as a product defect or damage unless it makes the building unfit for purpose.
DOORS AND WINDOWS
In some instances, door and window adjustments may need to be made by yourself over the life of your timber building. Please note this is part of owning a building that is made from a natural product. Adjustments to doors and windows are not classified as a fault or defect and will not be classed as repair needed to the building. Summerhouses Unlimited are happy to advise our customers on how to make these adjustments themselves. A fee may be incurred if we are called out by the customer to rectify a suspected fault which is actually a straightforward adjustment that could have been completed by the customer.
GLASS
If there are any breakages to the glass in your order, please take photos and send them to info@summerhousesunlimited.co.uk at the soonest point in time. Summerhouses Unlimited will not accept any claims for glass breakage during transit if more than 7 days have passed from the delivery date, to you informing us of the breakage. Once the timber building is installed we will not be held liable for any glass breakages due to fixings made to the windows or doors e.g. blinds, curtain poles.
CLAIMS AND DAMAGED GOODS
On very rare occasions our goods can receive some light damage during shipping. We will always work with our customers to resolve any issues you might have with your
order. You must inform us of any breakages or damages to the product received from us within 7 working days of delivery. Please quote your invoice number in all correspondence.
Our standard resolution process is:
i) To make good any shortage or non-delivery
ii) To replace or repair any goods that are damaged or defective
iii) To refund to you the amount paid by you for the goods in question, at our
discretion
Risk of loss or damage of any products passes to you on the date when the products are delivered to you or on the date of our first attempted delivery to your delivery address. Replacement parts are sent direct from the manufacturer, you will be advised of lead times at the time of contacting us to make us aware of the issues.
RETURNS POLICY
If your goods are incorrect, faulty or damaged on delivery you must notify Summerhouses Unlimited, in writing within 7 days of receiving your delivery. The first stage of rectifying this is noted above under ‘Claims and Damaged Goods’. When a product is returned we will consider the overall condition and reserve the right to seek payment for any damage incurred by yourself or poor re-packaging that may affect the re sale value of the returned item. Goods must be returned within 28 days of delivery. Collection will be arranged via our nominated delivery company.
In all instances you must take reasonable care of the item(s) and must not use them. If the item being returned is not defective the customer will incur the return fees. You have a statutory 7 days cooling off period (excluding bespoke orders) from the day you receive your order.
FAULTS/MISSING PARTS
In the rare instance you should experience a fault or be missing a part please make Summerhouses Unlimited aware at the soonest point. Standard procedure is for us to contact the manufacturer for a resolution. It is important you check you have received all the components of your order as soon as possible after delivery. The manufacturers will send out any missing/replacement parts directly from the factory and limit it to one case per customer on missing items. We will always work with customers for a positive resolution and keep in contact with you throughout. Should we receive no response to our correspondence four weeks from the last contact date, we will assume a resolution has been made and close the case and therefore any claim.
CANCELLATION OF AN ORDER
If for any reason you wish to cancel your order after it has been processed please make Summerhouses Unlimited aware in writing as soon as possible. As each order is individually placed, and shipped, Summerhouses Unlimited reserve the right to invoice or seek to claim back any charges incurred by us. It is standard practice, this fee is £50 + VAT. However, if your order is awaiting delivery this fee will increase in proportion to costs incurred by Summerhouses Unlimited from the manufacturer, delivery company and such.
CANCELLATION OF CUSTOM MADE ORDERS
Bespoke or custom-made orders are where the general specification of a product has been changed as per your requests. If you decide to cancel an order of this nature you will be liable for the cost of the work in progress up to the date of the cancellation. If production has been completed you will be liable for the cost of the building and the cost to return it.
ALL CANCELLED ORDERS ARE SUBJECT TO ADMINISTRATIVE CHARGES AFTER BEING PLACED, PAID FOR AND PROCESSED BY US.
REIMBURSEMENT
Any reimbursements offered are without prejudice and at the discretion of Summerhouses Unlimited. A reimbursement is only offered on the basis of a good will gesture and is not an admission of liability.
PLANNING PERMISSION AND BUILDING REGULATIONS
Summerhouses Unlimited do not offer advice on planning or building regulations. It is the sole responsibility of the customer to ensure the building you purchase from us meets any, and all, restrictions enforced by your local planning authority. Our log cabins are supplied with no specific usage and therefore we ask that you as the customer seek any advice professionally if you are uncertain on regulations.
Summerhouses Unlimited do not offer advice on planning or building regulations. It is the sole responsibility of the customer to ensure the building and materials you purchase from us meet any, and all, restrictions enforced by your local planning authority. Measurements quoted on our website and in any literature are assumed correct at time of printing and provided to Summerhouses Unlimited by our chosen manufacturers. Where it is stipulated buildings are under 2.5m in height this applies to timber buildings only and not any materials extending the height. Summerhouses Unlimited will not be held liable for any discrepancies from manufacturer design/print error. Our log cabins are supplied with no specific usage and therefore we ask that you as the customer seek any advice professionally if you are uncertain on regulations.
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