Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. Our Contract

1.1 These Terms and Conditions govern the supply of goods sold by Knotwood UK Ltd (“we” and “us”) to the customer (“you”). Our VAT number is 365364481. Company registration number 08777896.

1.2 All orders placed by you and purchases of goods from us (whether in-person, by telephone, via our sales team or by such other means as we may permit) are on the basis of these Terms and Conditions and are subject to acceptance by us either (as applicable) and by delivery of the goods to you.

1.3 These Terms and Conditions are subject to change from time to time. The current Terms and Conditions are available via our sales team and will govern orders placed by you and the supply of goods to you.

1.4 The processing of your payment and acknowledgment of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.

2. Ordering

2.1 All orders placed by you and purchases of goods by you from us, are subject to acceptance by us (as described in clause 1.2). We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances.

2.2 Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

2.3 You (the consumer) will be ultimately responsible for the quantities and items ordered.

2.4 Knotwood takeoffs and estimates should be checked by the contractor or builder that is going to undertake the work to make sure the materials ordered are able to complete the project. Knotwood cannot accept responsibility for incorrect quantities or profiles purchased by you.

2.5 Quotes are valid for 30 days from the date given

2.6  Non stock items which are ordered will have a maximum of 30 days storage within Knotwood’s warehouse, to which afterwards a charge of £20 per pack per week will commence unless otherwise agreed. Goods must be delivered/collected at the earliest opportunity.

3. Price & Payment

3.1 The price payable for the goods you order or purchase is as set out on our invoice given to you at the time you submit your order, plus any charges for delivery as advised to you. All prices are subject to the current applicable VAT rate unless otherwise stated. Prices given are subject to change unless payment, deposit or purchase order ( with receipt of payment or part payment within the stated time frame of clause 2.5) is given.

3.2 Pro forma invoices should be paid in a timely manner, manufacturing/delivery lead times will only start after the payment has been made.

3.3 Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

3.4 Credit account customers are subject to prior credit checks and written agreements.

3.5 All credit agreements are underwritten by our insurance company Allianz trade. Credit statuses are regularly monitored and Knotwood UK reserves the right to withdraw or amend credit supplied by us.

3.6 Any credit granted by Knotwood UK to the customer does not represent an ongoing right of the customer to receive credit from Knotwood. Specifically, Knotwood reserves the right, at any time and at its absolute discretion, to refuse to supply further goods or services to the customer and to refuse to supply further goods or services to the customer on credit terms.

3.7 Knotwood may establish other payment terms and suspend or restrict shipments if payments are delinquent, if the established credit limit is exceeded, or if the financial condition of the Customer at any time does not justify the terms granted, or for any other reason, as determined by Knotwood in its sole discretion.

3.8 We must receive payment for the whole of the price of the goods you order and purchase, and any applicable charges for delivery, before your order can be processed unless we have a credit account agreement placed in writing prior to your order.

3.9 Credit agreements are subject to change. You must notify us within 24 hours of any change to your credit status/amount. In the case where credit has been withdrawn, Knotwood UK will honour the amount of credit supplied at the time the Purchase Order is placed and accepted by us.

3.10 As a customer you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or alleged to have.

3.11 We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you.

3.12 The format of our invoice and statements to you will solely be dictated by us.

3.13  Credit customers have 30 days credit at the end of the calendar month. Payments must be made by direct debit, credit card or bacs transfer to Knotwood UK’s nominated bank account

3.14 You (the consumer) authorises Knotwood to obtain credit information about its personal, consumer and commercial credit worthiness from any bank, trade referee or from any other credit provider.

3.15 If you do not pay any invoice by the due date agreed with us or within the 30 day period stated we will suspend or terminate services provided by us. We will instruct any third parties to recover the debt and will invoice you for all associated fees and expenses including those for debt recovery.

3.16 Interest at a rate of 8% will be applied on all debts outstanding over the initial 30 day period. You will also incur an administration charge of £40+VAT.

4. Delivery & Title

4.1 Unless you choose to collect the goods from our warehouse,  we aim to deliver the goods in accordance with your order usually within the stated delivery time (except in exceptional circumstances) . We reserve the right to deliver an order in instalments by separate delivery shipments.

4.2 Before placing your order, please refer to the delivery options set out to you by your sales contact. You are responsible for notifying us of any restrictions as to why a vehicle may not be able to deliver your goods.  A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us within 24 hours. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.

4.3 For reasons of health and safety and to avoid any property damage, items can only be delivered to the exterior of a ground floor location at the delivery address. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.

4.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. Knotwood does not unload the products. Unloading shall be the responsibility of the consumer (you). If you delay delivery (e.g. extended offloading time or excessive waiting times), or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date at the next available opportunity. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you.

4.5 If a delivery has failed due to circumstances within the consumer’s control e.g.( wrong delivery address, no one present) , we reserve the right to charge for alternative delivery arrangements to be made. These shall be at the discretion of Knotwood Uk ltd.

4.6 Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. In spite of delivery or collection, ownership (also known as “title”) in the goods shall not pass to you until you have paid the price for the goods in full unless clause 4.7 applies. where other sums payable to us from you are overdue, you have paid those sums too. Until title in the goods passes from us to you, you shall: (i) not be entitled to use the goods; (ii) safely hold the goods for us; (iii) return the goods to us immediately if we ask you to; and (iv) be liable to us for any loss, damage or destruction of the goods. In addition, until title in the goods passes from us to you, you shall store the goods at your own cost separately from all other goods in your possession and marked in such a way that they are clearly identified as our property. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the goods.

4.7. Without prejudice to clause 4.4, upon delivery of the goods to you or collection of the goods by you, the goods shall be at your risk and responsibility. Once collection or delivery is made, in the case of credit account customers the ownership will be transferred to you once the credit amount is settled. You will be entitled to use the goods before payment is made in full, subject to prior agreements with Knotwood UK ltd. Knotwood UK ltd will not be liable for any damages or loss suffered while the goods are in your possession.

5. Availability

5.1 All goods are subject to availability. While we endeavour to hold sufficient stock to meet all orders and purchases, if we have insufficient stock to supply or deliver the goods ordered and paid for by you, we will attempt to contact you using the details you have provided to us to ask you how you wish to proceed. We may, at our discretion, process any part of the order which is available. Where goods are out of stock, we will refund you the price paid for such goods as soon as possible and in any case within 14 days or, in the case of an account customer, we may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to you.

6. Manufacturer’s Warranties

6.1 Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please see the relevant product description on our website for further details). Any complaint, query or claim under a manufacturer’s warranty, guarantee or similar assurance must be made direct to Knotwood UK ltd.

6.2 Any manufacturer’s warranty, guarantee or similar assurance applies in addition to your legal rights if you are a consumer.

The Customer acknowledges and agrees that:

(a) subject to clause 6.2(c) of and to the extent permitted by law, Knotwood gives no representations or warranties except as provided

in writing and signed by a director of Knotwood;

(b) subject to registration in accordance with clause 6.2(c) of , the Warranties as amended from time to time are incorporated into and

supplement these Terms; and

(c) the Warranties remain wholly subject to and conditional upon the Customer completing, signing and registering the Warranties

with Knotwood and Knotwood providing confirmation of such registration in writing. For the avoidance of doubt, to the extent

permitted by law, the Warranties will not form part of these Terms and shall not bind the parties until such time as the Warranties are registered with Knotwood in accordance with this clause 6.2(c) . The Customer shall obtain a warranty registration form from Knotwood directly or via the ‘warranties’ subpage on the Website.

6.3. VARIATIONS

(a) Knotwood may from time to time make any minor or insignificant change to the Goods and/or its specifications.

(b) The Customer acknowledges and agrees that the Goods and/or its specifications, supplied by Knotwood may from time to time:

(i) exhibit variations in pattern, veining, shade, colour, texture, surface, finish and markings; Timber grain colour variations may occur due to the sublimation process. This unique product is designed to mimic real wood with colour and image inconsistencies. This is not considered to be a defect or warranty issue. During the warranty period any change in colour which may occur to the powder coating will occur evenly.

(ii) mark or stain if exposed to certain substances or if the Customer does not follow the required maintenance; and

(iii) be damaged or disfigured by handling, impact or scratching,

resulting in a natural variation in the Goods and/or its specifications in comparison with any samples, pictures or previous

supplies of the Goods.

(c) The Customer acknowledges and agrees that, subject to any guarantees under the ACL, any variation or difference in the

Goods, as described in clause 12(b) , shall be deemed as a minor or insignificant change to the Goods and/or its specifications

and will not, under any circumstances, be deemed as a material change to the Goods, a failure of Knotwood to meet its

obligations, a failure of Knotwood to supply the Goods, a fault in the Goods or a valid reason for the Customer to reject the

Goods or terminate these Terms.

(d) Subject to the ACL or any other applicable law, the Customer warrants that it will not: (i) bring or allege any Claim against

Knotwood; (ii) set-off any amount it may owe to Knotwood; (iii) be entitled to any discount for the Goods; or (iv) reject any Goods

as a result of or for any minor or insignificant change to the Goods and/or its specifications and will pay Knotwood the price for

the Goods in accordance with these Terms.

7. Cancellation, Returns & Refunds

7.1 You may cancel your order and return the items purchased to us by giving us notice of cancellation within 5 days of the purchase order date. (7.1a ) Non stock colours or profiles are non refundable (7.1b) If the items bought are from stocked goods you have 30 days to notify us of cancellation.

7.2 You will lose your right to cancel after the expiry of the 5 day period (this does not affect your rights if there is any problem with the goods) or the 30 day period highlighted in 7.1b.

7.3 To exercise your right to cancel, you may inform us of your decision to cancel by phone or email using the contact details set out below at clause 11.  If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

7.4 Following cancellation, subject to clause 8.7 we will refund you the price paid for the cancelled order (or part of the order cancelled). When you cancel the entire order, we will also refund the standard delivery charges (or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method) paid. Where you cancel part of an order, we will not refund the delivery charges. We will pay the refund within 14 days after the day the good have been returned to Knotwood UK ltd

7.5 We will refund you using the same means of payment as you used to pay for your order or purchase.

7.6 Returns should be a sellable condition and in pack sizes that are unopened. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.

7.7 Where you are returning goods to us, a collection charge is applicable. This is to be at the discretion of Knotwood UK. An additional restocking charge of 25% of the product value will be charged.

7.8 Your right of cancellation does not apply to goods that are cut or mixed to your requirements, made to measure, made to order, made to your specifications or clearly personalised to your requirements. If you have opened the product packaging after delivery or collection these items cannot be returned.

Faulty Goods

7.9 Where the goods are being returned because they are faulty or incorrect, evidence must be supplied to this effect within 5 working days and subject to approval and agreement with Knotwood UK ltd. We will meet the cost of return delivery but we reserve the right to arrange the courier.

7.10 The provisions of this clause do not affect your legal rights if you are a consumer.

8. Liability

8.1 If you purchase goods from us as a consumer (which means anyone who acts outside the course of their business, trade or profession), to the extent not prohibited by law, we accept no liability for any: 8.1.1 loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); 8.1.2 loss which arises when we are not at fault or in breach of these Terms and Conditions; and 8.1.3 business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

8.2 If you are a trade customer, we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under these Terms and Conditions or otherwise at our discretion.

8.3 Without prejudice to clause 9.2, if you are a trade customer, we shall not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for any: (i) loss of profits, business, contracts, goodwill, business opportunity and other similar losses, or any business interruption; or (ii) indirect or consequential loss, neither will we be liable to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties.

8.4 If you are a trade customer, you acknowledge and agree that these Terms and Conditions constitute the entire and only agreement between us.

8.5 Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.

8.6 Goods comply with UK standards and we cannot confirm that the goods comply with any laws, regulations or other standards applicable outside the UK. All goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the goods.

8.7 If you are a trade customer and subject to clause 8.5, we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless from and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply.

9. Termination

9.1 We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.

10. Events Beyond Our Control

10.1 We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, epidemics, pandemics, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attacks, wars, civil commotions, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).

11. Contact details

11.1 If you wish to make an order, cancel or discuss your order, or make a complaint with respect to your order, please contact us by telephone or email at Knotwood UK 0800 131 3165. Email : sales@knotwood.co.uk.