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

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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 

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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, 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 [email protected]. 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 

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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 

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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 

  1. 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

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MHS LIMITED 

  1. 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 

  1. 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 

  1. 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 

  1. 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