DECKING WARRINGTON LIMITED – TERMS & CONDITIONS OF SALE

1. DEFINITIONS

• 1.1 “Buyer” means the person (Consumer) or body corporate (Business) who accepts a quotation of the Seller or whose order is accepted by the Seller.

• 1.2 “Seller” means Decking Warrington Limited T/A DecKing (Reg Office: Rutherford House, Warrington Road, WA3 6ZH).

• 1.3 “Writing” includes e-mail and comparable digital communication; excluding telex or fax.

• 1.4 “Consumer” means an individual acting for purposes outside their trade or profession.

• 1.5 “Business” means any entity acting for purposes relating to their trade or profession.

2. BASIS OF SALE & CONSUMER RIGHTS

• 2.1 Statutory Cancellation: If the Buyer is a Consumer and the Contract was concluded away from the Seller’s premises (online/phone), the Buyer has a legal right to cancel within 14 days of delivery.

• 2.2 Bespoke Exclusion: The right to cancel does not apply to Goods made to the Buyer’s unique specifications (e.g., custom-cut timber or bespoke-designed decking kits).

• 2.3 Review Integrity: Per the DMCC Act 2024, the Seller verifies that all customer reviews published on its platforms are from genuine customers who have purchased Goods.

3. ORDERS AND SPECIFICATIONS

• 3.1 No order is deemed accepted until confirmed in Writing by the Seller.

• 3.2 The Buyer is responsible for the accuracy of any submitted specifications. The Buyer shall indemnify the Seller against any third-party intellectual property claims resulting from the use of the Buyer’s specific designs.

4. PRICE OF THE GOODS

• 4.1 Quoted prices are valid for 30 days. All prices are exclusive of VAT.

• 4.2 Where the Seller agrees to deliver Goods, the Buyer is liable for transport, packaging, and insurance charges unless otherwise agreed in Writing.

5. TERMS OF PAYMENT & INTEREST

• 5.1 The Seller may invoice the Buyer upon delivery or when Goods are ready for collection.

• 5.2 Business (B2B) Late Payment: Interest shall be charged at 8% above the Bank of England base rate per the Late Payment of Commercial Debts Act 1998, plus statutory recovery costs.

• 5.3 Consumer (B2C) Late Payment: Interest shall be charged at 4% above the HSBC Bank PLC base rate.

6. DELIVERY

• 6.1 Delivery occurs when Goods are offloaded at the Buyer’s address or collected from the Seller.

• 6.2 The Buyer must ensure clear, safe access for delivery. The Seller is not liable for delays caused by restricted access at the Buyer's site.

7. NON-SOLICITATION & WARRANTY VOIDANCE

• 7.1 The Buyer agrees not to directly or indirectly solicit, engage, or "poach" any employee, agent, or sub-contractor of the Seller for a period of 12 months following the completion of the Contract.

• 7.2 Financial Penalty: If the Buyer engages a sub-contractor of the Seller privately for any works within this period, the Buyer shall pay the Seller 25% of the total gross value of those private works as liquidated damages.

• 7.3 Warranty Breach: Any breach of Clause 7.1 shall result in the immediate and total voiding of the Buyer’s 10-year material and installation warranty. The Seller will not be held liable for any future claims, repairs, or maintenance on the project once a sub-contractor has been engaged privately by the Buyer.

8. FORCE MAJEURE

• 8.1 The Seller is not liable for failure to perform due to events beyond its reasonable control, including but not limited to: timber shortages, port delays, extreme weather, or industrial action.

9. GENERAL

• 9.1 Any variation to these Conditions must be agreed in Writing by an authorised representative of the Seller.

• 9.2 These Conditions are governed by the laws of England and Wales.

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10. OTHER GENERAL TERMS

10.1 Unless DecKing have been engaged on a separate groundworks contract or it is expressly specified that goundworks are to be installed as part of this contract; DeKing are not responsible for the suitability of groundworks and reserve the right to refuse decking installation on unsuitable ground.

10.2 Decks to be used with Hot Tubs require a different class of sub-frame and DecKing must have been notified that there is to be a hot tub installation during the lifetime of the deck. In the event that a suitable sub-frame and support is not requested and a hot tub is subsequently installed DecKing will not be held responsible for the integrity and suitability of the deck for this purpose.

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Warranty

DecKing products are warranted to the initial purchaser for Ten years, from the date of original purchase, under normal use and service conditions that: 

(1) the decking materials will be free from material defects in workmanship and materials, will not split, splinter, rot or suffer structural damage from termites or fungal decay, 

(2) DecKing products will not blister, flake, or crack as a result of manufacturing defects or as a result of exposure to ocean/sea air (salt/spray). 

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All warranties are subject to the exclusions, limitations and restrictions set forth below.

The initial purchaser of a DecKing product is solely responsible for determining the effectiveness, suitability, and safety of each application of the product. Building regulations vary according to location and compliance with the appropriate code is your responsibility. 

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Limitations of coverage 

DecKing employ strict quality control measures to ensure that products are of a consistently high standard. DecKing does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damages attributed to: 

(1) improper installation of DecKing products and/or failure to abide by DecKing installation guidelines, including but not limited to improper gapping; 

(2) use of the DecKIng products beyond normal residential use, or in an application not recommended DecKing guidelines and local building regulations; 

(3) movement, distortion, collapse or settling to the ground or the supporting structure on which the DecKing products are installed; 

(4) any act of God, environmental conditions such as air pollution, mould, mildew, etc, or staining from foreign substances such as dirt, grease, oil, etc.;

(5) variations or changes in colour of the DecKing products; 

(6) normal weathering due to exposure to sunlight, weather and atmosphere which can cause coloured surfaces to, among other things, flake, chalk, or accumulate dirt, residue build up or stains; or 

(7) improper handling, storage, abuse or neglect of DecKing products by the purchaser, the transferee or third parties. 

If you believe that the product is defective, DO NOT PROCEED WITH THE INSTALLATION; Contact your supplier DecKing is not responsible for claims arising from the installation of a visibly defective product. 

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Remedy and notification of claims

If a defect occurs within the warranty period, the purchaser shall immediately notify DecKing in writing and DecKing must validate the complaint before the warranty shall become effective. To make a complaint under this limited warranty, the purchaser shall send to DecKing, within the warranty period referred to above, a description of the claimed defect and proof of purchase. DecKing liability under this warranty is limited solely and exclusively to the replacement of the defective products, and in no event shall DecKing be liable for any labour costs incurred in the installation, reinstallation or any other consequential loss resulting from the use of a defective product. Any additional costs and expenses such as shipping, delivery, removal, incidentals and the like are not covered by the warranty and are expressly disclaimed. This warranty may not be altered or amended in any way and applies only to the initial purchaser. Any warranty conditions offered by an installer to a third party are solely at the discretion of the installer. 

 

DecKing are not liable for the warranty conditions offered by an installer to a third party. This foregoing warranty is exclusive and in lieu of any and all other applicable warranties, express or implied, including without limitation, any implied warranty of merchantability of fitness for a particular purpose. DecKing certification is for information only and is not included in the warranty terms. DecKing warranty is void if the product is not installed to recommendations set out in the DecKing installation and technical guide. All electrical components carry a 12 month manufacturer’s warranty. Any additional materials such as timber, steel, screws, fixings, etc. used in conjunction with the installation of DecKing products are not covered by this warranty.

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