TERMS & CONDITIONS

WARNING

Activities using the type of equipment shown on this website are inherently dangerous. You should seek professional training from a fully qualified and competent person prior to engaging in any activity using this type of equipment. You are solely responsible for your own actions and of the safety of the people around you. Treadlight Forestry or its agents cannot be held responsible for the misuse of any product. Product is supplied on the understanding that you the purchaser has the full knowledge of the equipment you are purchasing. We reserve the right not to supply any product ordered to any individual if we deem an individual unfit or un-capable of using such equipment.

This document together with the documents referred to in it tells you the terms and conditions on which we supply any of the products or goods listed on our websites to you (each referred to in these terms and conditions as our site). Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site.

You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products or goods from our site.

INFORMATION ABOUT US
1. We are Treadlight Forestry Ltd, a company registered in England and Wales under company number 08830518
2. Our main trading address is: Treadlight Forestry, Unit 12, Turner Trading Estate, Hen Lon Parcwr, Ruthin, Denbighshire, LL15 1NA.
3. Our VAT number is GB 180183225.
SERVICE AVAILABILITY
1. Our site is only intended for use by people / companies resident in the countries listed on our site. We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Products from us.
YOUR STATUS
1. By placing an order through our site, you warrant that:
  1. You are legally capable of entering into binding contracts;
  2. You are at least 18 years old;
  3. You are operating as a business;
  4. You are resident in one of the Serviced Countries; and
  5. You are accessing our site from that country.
2. Nothing in these terms and conditions creates an agency relationship between us and you have no authority to enter into any agreements on our behalf or in our name.
3. These terms and conditions are for sales to businesses only. If you are not a business and are buying as a consumer you need to contact us directly.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
LINKS TO OTHER WEBSITES
1. We may provide links on our site to the websites of other companies or organisations, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
2. Links to third party websites on our site are provided solely for your convenience. If you use these links, you leave our site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any products that may be obtained from using them. If you decide to access any of the third party websites linked to our site, you do so entirely at your own risk.
AVAILABILITY AND DELIVERY
1. We aim to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation.
2. Delivery dates are estimates only and delays in delivery of an order shall not entitle you to refuse to take delivery of the order, claim damages, or terminate the order.
3. If we fail to deliver your order within a reasonable time you may cancel your order provided that we have not dispatched the Products prior to receipt of your notice of cancellation. If you cancel the order you agree you have no claim against us arising out of or in connection with the contract.
4. Acceptance of the Products after the delivery date shall be deemed to be a waiver of any claim for delay in delivery.
5. The Supplier shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by the Customer’s failure to comply with its obligations under this agreement. We may deliver your order for Products by instalments, which may be invoiced and paid for separately. References in these terms and conditions to orders shall, where applicable, be read as references to instalments.
6. Delivery charges are detailed on our site.
SPECIFICATION
1. If we prepare Products in accordance with your specifications or instructions it is your responsibility to ensure that those specifications or instructions are accurate and appropriate and that the Products prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them.
2. We may make any changes in the specifications of any of our Products which are necessary to ensure they comply with applicable safety and statutory requirements.
3. We may make without notice such minor modifications in our specifications designs or materials as we think necessary or desirable.
RISK AND TITLE
1. The Products will be your responsibility from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
2. Until ownership of the Products has passed to you, you shall:
  1. Hold the Products on a fiduciary basis as our bailee;
  2. Store the Products separately from all other goods held by you so that they remain readily identifiable as our property;
  3. Not remove, deface or obscure any identifying mark or packaging on or relating to the Products; Maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
  4. Notify us immediately if you are unable to pay your debts, you make a proposal for or enter into any compromise or arrangement with your creditors, a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with your winding up, an administrator or receiver is appointed or a notice or application is made for the appointment of an administrator or a person become entitled to appoint a receiver, you cease or threaten to cease trading or any other event analogous to those listed in this clause 8.3(e) occurs or is about to occur; and
  5. Give us such information relating to the Products as we may require from time to time, but you may resell or use the Products in the ordinary course of your business.
3. If before ownership of the Products passes to you, you become subject to any of the events listed in clause 8.3(e) or we reasonably believe that any such event is about to happen and notify you accordingly, then, provided that the Products have not been resold, or irrevocably incorporated into another product, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Products and, if you fail to do so promptly, enter any of your premises or those of any third party where the Products are stored in order to recover them.
4. No licence is hereby granted to you or your customers directly or indirectly under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by us now or in the future.
PRICE AND PAYMENT
1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2. Product prices exclude delivery charges and VAT (although the price inclusive of VAT is also stated on the website.) If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay (where VAT is applicable), unless you have already paid for the Products in full before the change in VAT takes effect.
3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
5. If the pricing error is obvious and unmistakable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6. All trade or volume related discounts and minimum or maximum order requirements are detailed on the web order page for the relevant product. We may change or update these details from time to time.
7. Payment for all Products must be by bank transfer, credit or debit card unless you have an approved credit account. We accept payment with any of the credit and debit cards listed on our site. Unless you have an approved credit account, orders will not be dispatched without receipt of cleared payment.
8. If you have an approved business credit account in order to purchase Products from our website, payment is due 30 days following the issue of our invoice. Time of payment is of the essence of the contract.
9. If you fail to pay us on the due date:
  1. We may suspend or cancel future deliveries;
  2. We may withdraw any discount offered to you;
  3. You shall pay interest on the amount due at the rate equivalent to the rate set pursuant to s6 Late Payment of Commercial Debts (Interest) Act 1998:
    1. calculated on a daily basis from the date of our invoice until payment;
    2. compounded on the first day of each calendar month; and
    3. before and after any judgement (unless the court orders otherwise).
10. We may cancel your account or reduce your credit limit or bring forward your due date for payment at any time and without notice.
11. You shall pay all amounts due in full without any deduction or withholding except as required by law and you may not assert any credit, set-off or counterclaim against us in order to justify withholding payment in whole or in part of any amount due. We may at any time, without limiting any other rights or remedies we may have, set off any amount you owe to us against any amount payable by us to you.
OUR REFUNDS POLICY
1. If you return a Product to us because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will not refund any applicable delivery charges or any costs you incur in returning the item to us.
2. If you consider that a product is defective you should contact us in accordance with Clause 11.
3. We will usually refund any money received from you using the same method originally used by you to pay for your purchase or by crediting your account, as applicable.
WARRANTY
1. The Products supplied to you under this agreement shall on delivery [and for the warranty period set out in the relevant Product information sheet] OR [and for the warranty period stated in the online Product description]:
  1. conform to the description set out on the website in all material respects subject to clause 7;
  2. subject to clauses 11.3 to 11.12, be fit for any purpose held out by us;
  3. subject to clauses 11.3 to 11.12, be free from material defects in design, material and workmanship; and
  4. comply with all applicable statutory and regulatory requirements.
  5. Except as set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
2. The warranty does not cover:
  1. defects resulting from fair wear and tear. Please be advised that wear and tear can be accelerated by intense usage and/or the impact of the environment in which they are used. It is your responsibility as a retailer to inform the buyer of the anticipated life of a product, the care required and the correct fitting of any product ensuring your “informed” customer buys the correct product. If the customer rejects your advice you must clearly inform them that this will affect their rights should a warranty issue arise. We would strongly recommend you record this warning on their receipt. Any mis-sold product remains your responsibility not ours. When you are assessing potential warranty issues with customers please be mindful of the hours of wear some products have endured and the environment they are used in. When we assess the impact of fair wear and tear particular consideration will be given to the estimated product lifespan information issued with the Product;
  2. Products which have been neglected, mistreated, overloaded, or used for purposes other than that which they were designed for;
  3. Products which have not been maintained as specified by the manufacturer; the cost of removing, refitting of accessories or attachments, nor does it cover the cost of transportation or any expenses incurred whilst the Product is out of use;
  4. Products which are expected to wear as part of their use including without limitation boot components, material, zips, rope unless there is a proven manufacturing or material defect;
  5. defects caused by faulty adjustment or repairs and alterations performed by any other person other than an authorised Treadlight Forestry representative;
  6. defects caused by faulty or incorrect fitting or incorrect product size;
3. If you believe that we have delivered goods which are covered by the warranty:
  1. you must inform us as soon as possible using the warranty area on our site. Once a warranty claim has been received a warranty claims number will be issued via email together with a warranty claims form for you to complete and return with the Product. Warranty claims numbers will not be issued by telephone. Products will only be accepted for review if sent from our retailers. Products cannot be returned to us direct from the end-user, purchaser or third party. Issue by us of a warranty claim number and/or a warranty claim form does not constitute acceptance by us of any liability in relation to the claim. You and your customer must allow us to investigate the claim within a reasonable time period.
  2. you must return the Product in a clean condition with the warranty claims number clearly attached to it and accompanied with a completed warranty claims form. Any Product returned in a dirty or un-washed condition will be rejected without inspection.
  3. you must return the Product at your expense.
4. If the Product is found to be defective in material or workmanship (following our investigations and correct completion by you of the warranty claims form), and you have complied with the provisions in clause 11 in full, we will at our option repair or replace the Product or refund the price by credit to the card used for payment or credit to your account (as appropriate), subject to Clause 11.6 regarding clothing and footwear Products.
5. If an item of clothing or footwear is returned with a suspected defect within the material or workmanship then clauses 11.4 and 11.5 apply. We reserve the right to replace any clothing or footwear Products with reconditioned products to a standard of wear and tear that might be expected for a product of that age subjected to a similar level of usage as the Product returned. Clothing returned under warranty exceeding 3 months from date of sale will be repaired in a reasonable timescale and returned. To be considered for warranty clothing must be returned fully washed; any chainsaw protective clothing or clothing in general which is returned with rips or damage within the material clearly caused by the customer will be rejected. All returned footwear must be returned in a clean condition.
6. Products replaced or repaired under the warranty are only covered for the remainder of the warranty period of the original Product.
7. If a Product is no longer available, discontinued, or upgraded we reserve the right to replace it with a suitable alternative product to the original value or specification.
8. We are not liable under this warranty for any items or Products a retailer replaces exchanges or refunds at there own discretion prior to a claim being authorised by us in writing.
9. Products which are returned to us but are deemed by us not to be covered by the warranty will remain with us for 30-days after the rejection date before being disposed of. Should you require the goods returning we will return them with your next delivery or if required sooner postage will be charged.
10. Any goods returned otherwise than as specified in this clause 11 will be rejected.
11. If an item of equipment is failed under the LOLER Regulations (Lifting operations and lifting equipment regulations 1998) test within the specified warranty period and there is a customer dispute then clause 11 procedure applies.
OUR LIABILITY
1. Subject to clauses 12.2 and 12.3, our total liability for any claim or series of claims whether in contract tort (including negligence) for breach of statutory duty or otherwise arising out of or in connection with a Product shall not exceed the purchase price of the relevant Product.
2. Subject to clause 12.3, we will not be liable for losses that fall into the following categories even if such losses result from our deliberate breach:
  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data; waste of management or office time; or indirect or consequential loss.
3. Nothing in this agreement excludes or limits our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  4. defective products under the Consumer Protection Act 1987; or
  5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  6. Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
IMPORT
1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
3. Where the Products are exported to you from the United Kingdom, then the Incoterms® of the International Chamber of Commerce which are in force at the time when the contract is made shall apply to that contract. To the extent there is any conflict between the Incoterms® and these terms and conditions then the provisions of these terms and conditions shall prevail.
4. You are responsible for complying with any legislation or regulations governing the importation of the Products into the country of destination.
5. Unless otherwise agreed by us the Products shall be delivered Ex-Works unless otherwise expressly agreed in writing between us. You will be responsible for clearance for export, carriage and insurance. It is your responsibility not ours to arrange for insurance for the carriage and if the route to be used by the carrier includes sea transport we shall not be obliges to provide notice under section 32(3) Sale of Goods Act 1979. If we are required and we agree expressly to load goods onto your collecting vehicle then we will do so at your risk and your cost.
6. You have the right to inspect the Products at our premises or prior to shipment at your own expense and by prior arrangement with us. If you do not exercise that right then the fact that the Products passed our own quality inspection will be conclusive proof that the Products were of the warranted quality. We are not responsible for any defect which would be apparent on your reasonable inspection unless notified of such defect by you prior to shipment. We are not responsible for any damage during transit.
7. We shall have no liability for death or personal injury arising from the Products or delivery of them or use of them where the Products are to be delivered in the territory of another State (within the meaning of s26(3)(b) Unfair Contract Terms Act 1977.
WRITTEN COMMUNICATIONS
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
1. All notices given by you to us must be given to Treadlight Forestry, Unit 12, Turner Trading Estate, Hen Lon Parcwr, Ruthin, Denbighshire, LL15 1NA. or contact@treadligthforestry.co.uk
2. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
1. The contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks;
  6. the acts, decrees, legislation, regulations or restrictions of any government; and
  7. pandemic or epidemic.
  8. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
SEVERABILITY
1. If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. Entire agreement
2. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
3. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
4. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
5. Our right to vary these terms and conditions
6. We have the right to revise and amend these terms and conditions from time to time.
7. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
1. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
THIRD PARTY RIGHTS
1. A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.