MHS LIMITED
TERMS AND CONDITIONS
Forming part of the Contract
1 Definitions
Supplier means MHS Limited
Customer means that person (or persons or body corporate) whose details are listed in the Contract
Reference to ‘Site’ or ‘Site Address’ is to the location where the Works are taking place
Cabin also means any building or structure constructed by the Supplier in accordance with the Works described in the Contract
Works means those works described in the Contract together with any agreed Additional Work and all other works agreed verbally or in writing including by email
Words importing one gender are to be construed as importing any other gender or body corporate; words importing the singular are to be construed as importing the plural and vice versa.
Additional Works are as described below
2 Price
The Price for the Works shall be as set out in the Contract. Any alterations or deviations to the Works described in the Contract including, but not limited to, specifications, location, quantity, place or date of delivery shall entitled the Supplier to vary the Price in the Contract accordingly
Payment
3.1 The 1st stage payment (“the Deposit”) is payable on the signing of the Contract. On receipt of the signed Contract and the Deposit the Supplier shall arrange for the supply of the goods required under the Contract. In the event the Deposit is not paid on the signing of the Contract the Contract will not commence until payment of the Deposit is received and the Estimated Timescale in the Contract will be adjusted accordingly. Should the Deposit not be paid within 14 days of the Contract being provided to the Customer by the Supplier the Supplier reserves the right to re-quote and issue a new Contract.
3.2 The Deposit is non-refundable except at the discretion of the Supplier in the event the Supplier has not placed the order for the supply of the goods prior to notification of cancellation at which time the Supplier may charge a reasonable amount for time and work undertaken at that time and remit the balance to the Customer.
3.3 Failure to pay any of the stage payments on time in accordance with the Contract will be considered a breach of the contract and full payment of all monies due under the Contract as if the Contract had been completed will become immediately due and payable The Supplier reserves the right to not undertake any further works under the Contract until such time as payment in full has been made
3.4 All payments to be made free of any deduction
3.5 Interest at the rate of 4% per annum above the base rase of the Bank of England shall be applied on all sums due but remaining unpaid within 7 days of their due date
3.5 VAT – reference to figures estimated or quoted are exclusive of VAT unless other expressly stated
Updated July 2024
MHS LIMITED
Ownership
4.1 Any cabin or goods supplied and/or fitted under the Contract shall remain the property of the Supplier until payment of all sums in full has been made including payments in respect of any additions or alterations to the Works set out in the Contract.
4.2 The Supplier may exercise a right of lien over such cabin or goods until payment is made in full and the Supplier shall be entitled to repossess any cabin or goods supplied to the Customer when payment is overdue and shall be entitled to re-sell the same. For this purpose the Customer HEREBY IRREVOCABLY GRANTS the Supplier the right for it or its servants employees and agents to enter upon the Customer’s property where the cabin or goods have or are being installed.
4.3 The designs made under the Contract or with the intention of the Contract being entered into belong at all times to the Supplier until such time as full payment is made following completion of all Works
Delivery and Installation
5.1 The estimated timescale detailed in the Contract is for guide purposes only
5.2 The Supplier shall not be liable to the Customer for any third party loss, damage or alteration directly or indirectly or consequential to any property, undertaking or event caused by or arising from or connect with any delay in delivery and installation of the goods or failing to execute any order delivery or cancellation of the Contract
5.3 The Customer will allow and/or provide suitable and sufficient unrestricted access to the Site Address for the delivery, installation of the goods and performance of the Contract.
5.4 It is the responsibility of the Customer to ensure that the site is cleared and prepared before the date of delivery of the goods and materials to site. In the event this does not occur the Supplier reserves the right to raise charges to the Customer for storage or re-delivery of the goods and for all costs incurred by Supplier arising as a result of the delay in delivery. Any such delays will also affect the estimated timescale provided and may result in further delays due other existing commitments of the Supplier
5.5 In the event of poor access to the Site Address the Supplier may have the materials delivered to the kerbside and reserves the right to raise further charges for the cost of any additional labour and equipment to bring the material to the Site Address in addition to any costs incurred by the Supplier to secure the goods
5.6 Once the materials have been delivered to site it is the responsibility of the Customer to ensure the site is adequately secured
5.7 The Customer accepts that any base constructed by a third party and not the Supplier is a matter between the third party and the Customer. The Supplier shall not be responsible nor liable in the event the base is not constructed to the specifications required by the Supplier and it affects or causes defects in the installation and construction of the cabin in accordance with the original plans and contractual Works. Further should the base not be appropriately constructed to the Supplier’s specifications the Supplier is not obligated to proceed with the works under the Contract until the base meets the Supplier’s specifications during which time the Estimated Timescales under the Contract will be adjusted accordingly and the Supplier shall be entitled to raise additional charges arising out of the resultant delay to include, but not necessarily limited to, any increase in the cost of materials or labour to continue and conclude the contractual works, interest for delayed payment under the contract and storage costs.
5.8 The Supplier will perform its services under the Contract with all reasonable care, skill and diligence in accordance with good industry practice
Updated July 2024
MHS LIMITED
5.9 On completion of the Works the final stage payment is due immediately. Upon payment in full being made under the Contract by the Customer the Supplier will meet with the Customer in a timely manner to review the installation following which the Supplier will undertake any snagging identified
5.10 If the Contract is Supply only delivery will be to the front of the Site Address and it is Customer’s responsibility to ensure they have persons available at the time of delivery to unload and deliver to site area. Failure by the Customer to have made suitable and adequate arrangements will result in a charge of £35 per hour (plus VAT) per man being raised by the Supplier which the Customer hereby agrees to pay. The Supplier reserves the right to request a payment or deposit in advance before the goods are unloaded
5.11 If the Customer is supplying any scaffolding that is required it is the Customer’s responsibility to ensure that the scaffolding erected meets the needs of the Supplier and has been erected in accordance with good practice and by a competent and duly authorised scaffolder. Any delays to the commencement of the Works due to the scaffolding not being erected on time or due to issues with the erection of it will entitle the Supplier to damages from the Customer for all costs to the Supplier arising as a result of the delay. The Supplier reserves the right to seek payment in respect of the same before proceeding with the Works. The Supplier will not be liable to the Customer for any costs incurred with regard to scaffolding hire for delays in completing the Works
Warranties
6.1 The Supplier warrants the fitness for the purpose, suitability and merchantability only of goods supplied by it to the Customer under the Contract subject to ordinary reasonable wear and tear for 5 years only from date of practical completion for all residential cabins with external wall insulation built by the Supplier.
6.2 (a) To activate the warranty the cabin must be treated, painted inside and outside and all timber parts sealed with outdoor silicon (all horizontal and vertical external joint areas) with quality wood treatment of Customer’s choice in accordance with the application instructions for the product.
(b) If the Works under the Contract, at the Customer’s request, do not include painting it is the responsibility of the Customer to complete the required painting within 14 days of completion of the Works. The Customer must provide the Supplier with photographs of the painted cabin and, if applicable, painters invoice emailed to mhsiom@yahoo.com. All paints must be breathable and water based to let the timber breathe. Failure to undertake these works within the timeframe and to provide proof to the Supplier will result in there being no warranty for the cabin
6.3 The Supplier gives no warranties at all unless the cabin is fitted with gutters
6.4 Relocation or reconstruction, in any way, of the cabin supplied and installed, unless under the supervision of or conducted by or with the written approval of the Supplier, will void any warranty.
6.5 The Supplier shall not be liable for any damage or other adverse consequence to the goods supplied and sold to the Customer caused directly or indirectly by any failure or default or neglect on the part of the Customer to properly maintain them and to comply with the Supplier’s maintenance instructions. Changes or alterations to parts or components unless approved or performed by the Supplier or his agents are at the Customer’s risk.
6.6 Customer will sign off the standard completion list at the end of the build. 6.7 The Supplier warrants the timber frame and concrete base up to 5 years.
6.8 If the Customer has purchased the timber frame and block pad foundation services from the Supplier then the Customer warrants and guarantees to the Supplier that the site is level and stable under the log cabin to prevent sinking. The Supplier shall be not be liable to the Customer for the grounds not to the Supplier’s specifications and the Customer shall indemnify and be
Updated July 2024
MHS LIMITED
responsible for all additional works costs and delays incurred by the Supplier arising out of or incidental to as a result thereof
6.9 Window and door adjustment is included in the Warranty for 3 months from the date the Works under the Contract are completed. Thereafter the Customer may need to adjust the window and doors whilst the cabin settles during the Warranty period. The Supplier will provide the Customer with information with regard to door or window adjustment in the Supplier’s standard completion list following completion
6.10 The Supplier warrants the structural stability of the product installed (structural integrity meaning that the product will remain firm) for the following periods@
(a) for log cabins with a single skin and solid wood walls of 45 mm or more – 5 years (b) for log cabins with a single skin and solid wood walls of less than 45 – one year
6.11 All windows and doors warranty as stated by manufacturers
6.12 The Supplier is not liable for any damage caused by storms and it is the Customer’s responsibility to ensure the cabin installed is sufficiently insured against such damage
6.13 Any faults or defects within the Warranty period shall be reported immediately to the Supplier by the Customer. Should the Supplier consider there to be a fault or defect in the construction and installation of the cabin the Customer shall allow the Supplier reasonable time to rectify the same. Should the Customer or any 3rd party rectify any defect or fault the Supplier is not liable to the Customer for reimbursements of costs to the Customer and further any such rectification or attempted rectification by the Customer or a 3rd party within the Warranty period will nullify and void the Warranty
6.14 The Customer acknowledges that the Supplier is not responsible for variations in colour of treated timber. Timber is a natural product that will bleach in the sun.
6.15 The Customers acknowledges that timber being a natural product will contain knot holes and that there will be movement expansion and shrinkage following installation and construction and that timbers may twist crack and warp and that the Customer will not hold the Supplier liable for such occurrences
6.16 Failure to make payment in full under the Contract and in respect of any additional works to the Contract will void any guarantees or warranties
Maintenance
7.1 Once the Warranty has been activated as detailed above; to ensure the Warranty remains valid during the Warranty period the Customer must maintain the cabin in accordance with the recommendations and instructions of the manufacturer of the products applied. All paints must be breathable and water based to let the timber breath. All windows and doors must be opened periodically for ventilation or alternatively have the vents installed in each room. The cabin should be paid no less than every 2 years.
7.2 Gutters to the cabins must be kept clear and cleaned frequently
7.3 Failure to maintain the cabin will affect the validity of the warranty
Exclusions
8.1 The Supplier shall not be liable to the Customer or any third party for loss, damage or alteration whether direct or indirect or consequential to any property, undertaking or event caused by or arising from connected with delay in delivery of goods or failure to execute an order or delivery or cancellation of the contract
Updated July 2024
MHS LIMITED
8.2 The Supplier or its servants or agents will not be held liable for any damages to any goods or property of the Customer in or around the Site
Authorities
9.1 It is the Customer’s responsibility to obtain all necessary permissions and consents, including all local authority planning permissions or any certificates or authorisations under any bye-laws or regulations if applicable.
9.2 Where the Supplier requires access through adjacent properties for the Supplier’s use during delivery and/or installation, the Customer is required to obtain permission from the owners of the adjacent property for such use and the Customer agrees to be responsible and accept the risk and liability thereof and hereby indemnifies the Supplier from any and all claims that may arise in respect of the Supplier’s reasonable use of such land to facilitate the Works under the Contract or supplemental or additional to the Contract
9.3 If at any stage upon entry into the Contract or thereafter the commencement continuation or completion of the Works is delayed due any statutory local authority or other issues arising in connection in the Works the Supplier shall be entitled to immediate payment for all works undertaken up to that date to include payment of all materials ordered and labour contracted. The Supplier shall be entitled to requote for completion of the Works under the contract both in respect of cost of labour and materials and if required, storage costs. The Supplier shall be under no obligation to complete the Works following resolution of any such issues until the Customer agrees any revised quotation in writing and such revised quoted shall form part of the Contract. The Supplier shall be at liberty to seek payment in full for the works required to complete the Contract in this event
Additional Works
10.1 The Contract does not include any works that are not expressly described in it
10.2 Should the Customer required additional works to those set in the Contract to be undertaken by the Supplier then such additional works will be subject to the Supplier and Customer agreeing an additional price in writing and if, requested by the Supplier, the Customer will sign a Contract setting out the additional work. The Supplier however, reserves the right to request payment in full in advance for additional works.
10.2 Additional works includes any works involving varying or deviating from the original plans agreed by the Customer and the Works set out in the Contract or as a result of matters outside the control or knowledge of the Supplier during installation and construction of the cabin
10.3 The Customer acknowledges and agrees that all additional works will be subject these terms and conditions as may apply to the particular works involved
10.4 The Supplier will not be responsible for any damage or alterations made by persons other than the Supplier to the cabin caused by the fitting of electricals and/or plumbing or similar trades to the cabin and neither does the Supplier guarantee such work. Such works if not undertaken by the Supplier are undertaken at the Customer’s risk
Courtesy
- Should the Customer seek referrals or details of third party contractors from the Supplier; any such referrals indicated by the Supplier are for courtesy only to the Customer and the Supplier assumes no responsible for any subsequent conduct or services provided by the third party engaged by the Customer. It is for the Customer to undertake their own due diligence before engaging such a contractor
Returns
Updated July 2024
MHS LIMITED
- The Customer acknowledges that the cabin supplied and installed by the Supplier is custom made to order and the Supplier consequently does not accept returns nor cancellations once the Contract has been signed and the order placed with the Supplier’s manufacture
Timescales
13.1 Any timescales provided by the Supplier are for guidance only.
13.2 The Supplier is not liable to the Customer for any consequential losses that may be incurred by the Customer as a result of:
(a) delays to the delivery of the cabin to the Island beyond the expected date notified to the Customer due to matters beyond the Supplier’s control. ;
(b) a delay in the supply of materials required to complete the Works due to matters beyond the Supplier’s control
(c) unsuitable weather conditions affecting the installation and any required exterior works Storage
- The Supplier will notify the Customer approximately one week before cabin is due to be delivered to the Supplier’s warehouse. It is the responsibility of the Customer have site ready for cabin to be delivered site by the Supplier following notification. Any delay to the delivery of the cabin to the Customer’s site will result in storage fees of £100 per week (or part of a week) for cabins under 25 sq meters and £150 for cabins over the 25sq meters. The Supplier at its discretion can seek payment of the storage fees prior to the cabin being delivered to the Customer’s site
Insulation
- Final clearance dimensions can change once following insulation of the walls whether internally or externally thereby reducing either the overall internal or increasing external area. Any measurements required to be taken by the Customer for any fittings or works post construction should be taken after installation of the cabin has been completed. The Supplier is not responsible to the Customer for any losses arising out of such matters
Product Finishing
- The cabins supplied by the Supplier are pre-finished products. Sanding, filling, painting and sealing is required and are outside the scope of the Contract unless expressly stated within the description of Works. It is the Supplier’s recommendation that such Works are carried out by the Supplier
Miscellaneous
17.1 For the purpose of the Contracts (Rights of Third Parties) Act 2001 it is agreed that nothing in this Contract shall confer on any third party any right to enforce or any benefit of any term of this Contract
17.2 This Contract will be governed and construed in accordance with the laws of the Isle of Man and the Courts of the Isle of Man shall have non-exclusive jurisdiction.
17.3 The Customer acknowledges that he does not enter into this Contract relying wholly or partly on any statement or representation made by or on behalf of the Supplier save insofar as such statement or representation is expressly set out in this Contract
17.4 Words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include females and words importing persons shall include partnerships and bodies corporate
17.5 If two or more persons are parties to the Contract then their liability shall be their joint and several and each of them shall be primarily liable
Updated July 2024
