Terms and Conditions
Covid19
Due to unprecedented times since lockdown in March 2020. There are still abnormal delays in the Timber supply chain globally because of the processing mills being shut. This has been further compounded by them also closing for their normal summer breaks. QTD are doing there upmost to reduce these delays in getting material to their customers and can only apologise. However, QTD request that all customers allow longer than normal lead times when ordering material so that they are not unduly affected by these delays. To help QTD are providing free of charge storage facilities on orders placed in advance so that customers can call for delivery of their material when they need it. These current circumstances are completely out of QTD’s control and therefore cannot accept any liability for onsite delays or costs that may occur as a result of these delays.
Services and Brands
Any work that is carried out for and on behalf of QTD Ltd will comply with its terms and conditions of business so as not to be to the detriment of QTD’s standing in the market and will strictly adhere to QTD’s branding and marketing policies. QTD are not liable for any product claims or the misuse or misinterpretation of its website content and is used at the client’s discretion. The company name, websites, domain names, images, text and description of services are wholly owned by QTD and are protected by copyright law and will not be altered, removed from the internet or used in any way unless by prior written consent from QTD. QTD reserves the right to charge for images taken by third parties of their branded trademark products if QTD have not been credited for that product. QTD retains all intellectual property rights on all projects designed and built by QTD. Should a client project require planning permission it is entirely the client’s responsibility for obtaining all necessary consent. All services provided by QTD are bound by these terms of business.
Bespoke Products
QTD design, create and supply bespoke natural timber products to the customers’ specific requirements subject in all cases to raw material delays and availability. Should a requested size of timber not be readily available to meet the customers timeframe or quality of raw material not be suitable, then QTD reserves the right to consider using a different size or species of suitable and comparable timber wherever possible to reduce lead times for the customer. As QTD branded products are all made to order and bespoke to the customer, and a deposit or full payment has been made. QTD must pay the mill in advance to secure the volume of material required, therefore the order cannot be cancelled, and the customer will be duty bound by QTD terms to accept the product.
Delays to projects
Once a project has been agreed and deposit paid, every attempt is made by QTD to meet the provisional start date agreed at the time. Should a project be subsequently delayed by the client after work has commenced for any reason outside of QTD’s control, forcing QTD to leave the site, then a retention charge of £250.00 per day for each carpenter working on site at the time will be incurred by the client/main contractor until work can re-commence.
This retention of services means that QTD will return to site without delay once QTD have been informed in writing. QTD will be reimbursed prior to work re-commencing. If QTD are not retained then QTD will recover costs incurred on other client projects that have been impacted by these delays. QTD will not be responsible to the client by way of compensation for any delays to a project caused by the client/main contractor or timber suppliers not having enough timber to meet delivery dates, after an order has been placed in good faith by QTD. Should the client request any modifications or adjustments to the project then QTD must be informed in writing prior to completion and leaving site. Failure to do so will incur additional labour costs in returning to site.
Payment Terms
Are strictly in accordance with QTD terms laid down in the quotation/contract and overrides and supersedes any other terms by the customer.
A non-refundable deposit will be required at the time of ordering to secure procurement of materials.
In the case of building projects, an Interim payment is due on the day work commences and the balance of all monies due on completion of the project. Additions and alterations to the original quotation/contract value requested during a project will be subject to the same payment terms without exception and will not alter the agreed contract value unless specified and agreed in writing by QTD. Failure to comply with QTD payment terms will incur interest charges being added to the quotation/contract price at 5% above Bank of England Base Rate and will accrue daily until payment is received. Payments made for services or goods by credit card will not be subject to a Surcharge/Booking Fee/Admin Fee or Service Fee on the total amount and no charge will be made for using Debit cards.
Conditions of Sale
Under the clause ‘All Sums Due’ Title to the goods supplied and installed by QTD shall remain the property of QTD until paid for in full. QTD may recover these goods at any time against any monies owed and not just the debt for the goods recovered. The client grants QTD unrestricted access to reclaim the goods. Any goods returned are at the client’s expense and providing they are still in a new condition will be subject to a 15% restocking charge. In the case of Millboard products, these are non-refundable. Goods supplied and paid for in full by clients are subject to QTD Terms EO & E and are only accepted by QTD as a ‘contract of sale’ once the goods have been dispatched. QTD reserves the right to refund the client in full all monies paid at its discretion.
Conditions of Contract
As the supplier of all materials and provider of all services relating to QTD projects, QTD terms will supersede any client/main contractor terms once an initial payment has been paid by the client/main contractor and will be deemed as full and final acceptance of QTD terms. Working hours onsite are 8 hours per day Mon-Fri. Additional working hours will be charged to the client/main contractor at not less than £25 per hour per carpenter. Any retention of monies, liquidated damages and late penalty payments will not be accepted by QTD. QTD reserves the right to terminate a contract in writing at any time up to a retention deposit being paid by a client/main contractor. Once a contract has commenced and QTD encounter unacceptable working practices that have an adverse effect on a QTD project, work will stop and downtime will be charged to the client/main contractor at the agreed rate until work can recommence.
Warranty
As a constructed product it is warranted by QTD as being properly designed and built, and therefore fit for the purpose under the sale of goods act. This naturally excludes fair wear and tear, and any ground or building movement out of its control. QTD always design and structure each product to exceed all current Building Standards, and ensure that it complies with all reasonably known factors at the time of its installation. Any works or alterations to a QTD project or product by the client/main contractor or others is at the owner’s risk and negates any warranty offered by QTD. Workmanship is warranted for 12 months from completion (subject to QTD terms being met). Should a commercial client request a site visit to an existing QTD project after QTD’s warranty period has expired then a call out fee of £45.00 will apply. Should any chargeable works then be required, the call out fee will be refunded. Any claim should be made in writing to QTD within 2 days of discovery. Once a QTD project is completed it is then the responsibility of the client to maintain and structurally check the project on an ongoing basis unless a maintenance and structural contract has been entered into between both parties.
Natural Product
As a natural product all samples can vary in grain, texture, and colouring. QTD cannot take responsibility or control these natural variations, so customers should expect that the samples may not be 100% the same as the end product they receive. All wood will expand and contract with occasional grain checking/shakes (opening) appearing on the surface. This is due to the variable weather conditions and changing moisture levels adjacent to it. All timber is sold as FAS one face grade meaning good one face ie. top face. A common grade for the UK market. The FAS grade includes a range of boards that yield from 83.33% to 100% clear-wood cuttings over the entire surface of the board. The clear cuttings must be a minimum size of 3″ wide by 7′ long or 4″ wide by 5′ long. The number of these cuttings permitted depends on the size of the board, with most boards permitting one to two. The minimum width and length will vary, depending on species and whether the board is green or kiln dried. All board lengths carry a +/- 10mm tolerance and widths carry a +/- 2mm tolerance, so please make allowance for this in your calculation requirements when ordering. Both faces of the board must meet minimum requirements for FAS. The better face must meet all FAS requirements while the poor face must meet all the requirements of the Number 1 Common grade, thus ensuring the buyer with at least one FAS face. Often export shipments are assembled with an 80-20 mix (80% being the percentage of FAS boards and 20% the percentage of F1F boards). Occasional defects like chips and marks will be present although every attempt is made where possible to keep this to a minimum on the timber QTD supply. Timber can be prone to worm holes and short grain which are natural defects and acceptable within grading rules. Hardwood and Softwood packs are shipped in from countries like America, Africa, Russia and Scandinavian countries. Each timber layer in the pack has to be battened to aid stability and breathing of the timber. A surface colour change will be apparent where the batten has been positioned along with some localised marking. This is normal and will fade away, or it can be removed by sanding or cleaning the timber prior to oiling. QTD are not liable for this. The wood will fade to a silvery grey if left to age naturally, some species will age quicker than others. As a design and supply company, QTD purchase wood from respectable mills in good faith, and are not liable for any changes in the wood as a natural product once it has been supplied by QTD.
Surface Finishes
Charred surfaces applied to Thermowood timber boards provide a rustic and variable textured surface and do not resemble the look of a factory applied painted surface. Every board is different and unique in appearance. Heavily charring the surface of a timber board deeply, provides a fade resistant surface for several years. However, as to the number of years this remains, is unpredictable given the varying degrees of exposure to the weather that the boards will be subjected to. Therefore, a timescale guarantee cannot be offered. Light and Medium charred and pigmented finishes will fade quicker than heavy charred finishes at some point, dependent again on the levels of UV and weather exposure and therefore no timescale guarantee can be offered. Charring on softwood like Pine and Ayous will naturally be a more delicate surface than on hardwood Ash, therefore additional care must be taken when accepting delivery and handling prior and during installation so as not to compromise the surface. Delivery of all ThermoChar®, AtelierClad®, and AtelierDeck® products have a protection sheet between each layer of boards and this must be utilized onsite prior and during installation to prevent any surface compromise. None of these surface finishes will have an adverse effect on the overall durability and performance of the timber itself should it be compromised. QTD Ltd do not accept liability for any of these products that are damaged after they have been delivered. Painted surfaces applied to ThermoWood, and Natural timbers are not applied to machine smooth boards. The surface is mechanically brushed to open the pores of the timber, producing a textured raised grain look that will readily accept the flexible, UV resistant paint. Touch up pots of the chosen colour are purchased and provided with each delivered order and like the charred orders are protected with a protection sheet to prevent surface damage. As a natural product, no time frame can be guaranteed on the longevity of the painted surface before it is affected by UV exposure. The same due care and attention as the charred surfaces must be applied to these boards prior and during installation. QTD Ltd do not accept responsibility for scratches and damages that may occur after the boards have been delivered to site.
Manufactured Composite Products.
Should a defect occur after they have been supplied or installed by QTD and after a build project is signed off by the customer as completed to their satisfaction. Then QTD will contact the supplier to request the defective material be replaced. If the manufacturer/supplier agrees that the customer warranty is in place and accepts liability then if QTD have installed this product, they will be happy to replace the defective material with new material at a labour cost of £200 per day for each carpenter that is required to remove and replace the material. This will be the extent of QTD’s obligation.
Treatments
Softwood and Hardwood oils will enhance the timbers natural colour and help to slow down the ageing process. UV/weathering exposure and deck use vary enormously and the long term performance of the treatments will vary, therefore no warranty can be implied.
Cleaning Treatment
QTD will make every effort to clean and restore your deck to a nearly new look. However as timber is a natural product, wear and tear and weather exposure will have an effect on the final appearance. Treatments are not warranted by the manufacturer or QTD and are therefore not liable for returning the deck to the appearance it had when first installed. Timber that has been previously painted or stained can sometimes prove difficult to remove completely if it has been on for a long time. In this situation QTD cannot guarantee the end result.
Material & Product Defects
In the event that a material and or product defect is discovered that cannot be rectified, rendering the entire piece of material or product unusable by the customer, this must be reported to QTD in writing during the period of 24 hours from the date of delivery of the Goods, which defect was caused by faulty design or manufacture, QTD will, at its option, either repair the Goods at its own expense, replace the Goods or refund the purchase price of the Goods, subject in all cases to the return of the Goods (or such of them as it is claimed are defective) to QTD by the Customer, at the Customer’s expense. Save as set out above , all warranties or other terms implied by statute or otherwise shall not apply to this order, including but not limited to those implied by the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994), the Supply of Goods and Services Act 1982 and the Consumer Protection Act 1987. Any offer made by QTD in good faith will be taken up by the client no later than 30 days from the date the offer was made. QTD shall not be liable for any consequential or indirect loss or injury suffered by the Customer or any third party in relation to this order and the Customer shall indemnify QTD in respect of any claim of any person in respect of such consequential or indirect loss or injury. This clause constitutes the entire liability of QTD under this order, which, in any event, shall not exceed the contract price of the Goods, save in respect of QTD’s liability for death or personal injury resulting from negligence.
Specifications
No guarantee can be given that Goods delivered will match samples submitted in all material respects, including but not limited to colour, size, weight and cut, as samples are drawn from bulk and are representative of the whole. Subject to the above the Goods are supplied on the basis that they comply with the technical specifications contained in printed documentation concerning the Goods prepared by QTD and that they conform to the written descriptions contained in the order. The building and supplying by QTD of pre-grooved sides on deck boards for use with hidden deck fasteners is subject to stock availability at the point of ordering. In the absence of pre-grooved boards QTD will always use a ‘biscuit jointer’ (an inexpensive and readily available hand tool). QTD would recommend that customers who are installing decks do the same.
If the Goods are manufactured to the design or specification of the Customer or the Customers agent, the Goods carry no undertaking or warranty of any kind save that they will comply with the design or specification in all material respects.
Material Storage
Whilst QTD offer free storage of completed, packed and ready to deliver orders if the customer is unable to take delivery when it is ready. The option of storing orders in our warehouse is not possible due to space. The order will therefore be kept outside cling film wrapped up. However, QTD cannot accept any liability should there be any water ingress into the pack that may affect the timber during its storage.
Deliveries
All QTD products are image captured prior to dispatch either directly by our vehicle or via courier and are properly packed, protected and strapped to pallets with 1500kg breaking strain to prevent where possible against transit damage. Any item arriving at its intended destination, showing signs of transit damage, and therefore preventing the damaged item from being used for its intended purpose. Then, subject to receiving photographic evidence showing the item in its original damaged packaging, QTD will not be liable. However, at its discretion may issue a replacement against the damaged item. In the case of timber, some board end chips, scratches and scuffs may occasionally occur due to manual handling or Telehandler unloading off the delivery lorry by the customer/contractor. Whilst annoying this is acceptable given that timber boards will be trimmed and cut to fit a particular project and as recommended a trimming allowance of up to 10% should always be built into the order. Due to the nature and value of the timber products, all deliveries to the project site must as a minimum requirement, have a hired Telehandler onsite or 2 to 3 people to offload the material carefully. Delivery vehicles and their drivers will have up to 45 minutes standing time. If due to lack of forward planning and onsite resources, the driver is kept for longer than 45 minutes then an additional waiting charge will apply.
If the pallet of material is unloaded at its destination by Telehandler and it remains unopened for more than 2 days then QTD cannot accept any liability for possible water ingress or weather changes that may or may not affect the timber whilst it is cling film wrapped and as stated in Material & Product Defects paragraph, any issues must be reported in writing within 24 hours of delivery.
If for any reason outside of QTD’s immediate control, there are delays on delivery of material to the customer that fall outside of the approximate lead times given at the time of order, due to raw material availability or customs border control checks, QTD cannot be held responsible and will not accept any liability.
Qbriquettes
Qbriquettes is a trading name for our natural wood waste product and sold by QTD Ltd.
The description of the product can be seen online and on our website. The contents of which are clearly labelled and sold by weight.
The number of Qbriquettes in each box may vary according to the total weight of each box which will not exceed 10kg. Therefore, the number of briquettes can only be approximate but not less than 150. Purchasing online or in person. The price includes 5% Vat. Payment is taken and receipt provided prior to delivery or collection of goods. Delivery of Goods by courier are charged based on weight at the time of purchase.
Delivery of the Goods will be made to the Buyer’s address. Standard delivery is 2-3 days from dispatch to the buyer’s address. It is the responsibility of the buyer to make arrangements for receiving the goods if they are not available. The Seller will endeavour to dispatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery does not form any part of the contract. The seller QTD Ltd does not accept any liability for loss or damage once the goods have been dispatched. Due to the nature of the product the Buyer cannot reject the goods once purchased and claim a refund. Risk and ownership of the product passes to the buyer on delivery of the goods to the buyers address.
Website Liability
The qtdgroup.com website is provided by QTD Ltd without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The website herein referred to as qtdgroup.com provide content and resources and while qtdgroup.com tries to ensure that material included on the qtdgroup.com website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. qtdgroup.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the qtdgroup.com website. If qtdgroup.com is informed of any inaccuracies in the material on these websites, we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
· Incompatibility of the qtdgroup.com website with any of your equipment, software, or telecommunications links.
· Technical problems including errors or interruptions of the qtdgroup.com website.
· Unsuitability, unreliability, or inaccuracy of the qtdgroup.com website.
· Inadequacy of the qtdgroup.com website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special, or punitive damages whatsoever that arise out of or are related to the QTD websites.
Nothing in this paragraph applies to QTD websites liability in respect of products sold through the Online Stores. Nothing in these Terms and Conditions shall exclude QTD websites liability for personal injury or death caused by its negligence. Our acceptance of an order takes place at the point of order, and the purchase contract is made, and you are charged for your order.
Acceptance
By notifying QTD of its intention to do business and payment of deposit, a client is deemed to be bound by these terms and conditions of business. The client will be required to sign off their project on completion. QTD reserves the right to take and keep a photographic/video record of each project and supplied materials for its own marketing purposes and to update its terms of business in line with market changes without prejudice. These terms and conditions of business supersede any previous terms and conditions of business and shall be governed by English Law.