Terms and Conditions
Terms & Conditions
1.0. Legally binding contract:
1.1 By ordering products, goods, and services from us, you are agreeing to these Terms and Conditions. A legally binding contract however between the Parties will only come into existence only when the order from the Customer is accepted in writing by Beaver and a full deposit is both paid by the Customer and accepted by Beaver.
Reference to goods, products and / or services shall refer and be taken as referring to products, goods and services ordered by you as the Customer from Beaver.
References to “Customer” shall refer to the person or entity ordering products and services and “Beaver” shall refer to Beaver Log Cabins Limited.
2.1. All prices provided or quoted to the Customer orally and or in writing, or as shown on our website or price lists are in (€) Euros, errors and omissions excepted.
2.2. In the event of any confusion or any discrepancy, the price specified in writing in the confirmation of the Order by Beaver shall be final.
2.3. Delivery is not included in the price unless stated otherwise, and an additional charge is applicable depending upon the delivery area and goods/services ordered.
2.4. Non-refundable deposit for goods or services in the amount and manner agreed must be made at the time of order.
3.1. Beaver will arrange delivery of the product or goods at the earliest opportunity to you after order and payment.
3.2. All delivery dates or lead times stated are approximate and indicative only and, whilst every reasonable effort will be made to adhere to dates and times provided, these are indicative only and are provided by Beaver in good faith for indication purposes only. Delivery times range from 4 – 10 weeks, depending upon the type of product ordered, supply chain and delivery issues. We cannot guarantee specific delivery dates or delivery times and cannot be held responsible for delays which are without our direct control, including (but not limited to) manufacturing problems and third party contracted companies.
3.3. Beaver shall not be responsible for any delays caused due to incorrect or incomplete information being submitted by you to us, any difficulties with access to the site and / or any other reason outside the control of Beaver and its deliver drivers.
3.4. Deliveries shall be made to the edge of the public road adjoining the property of the Customer so far as reasonably possible and it shall be at the discretion of the delivery driver to move the goods to an alternative point at the delivery property.
3.5. All returns by you, the Customer, to Beaver are at the sole discretion of Beaver and are always subject to a minimum 15% restocking charge. Beaver reserves the right to charge a higher charge in certain cases at its discretion.
3.6. It is your sole responsibility to provide suitable access for delivery, and notify Beaver in writing of any concerns, in writing, at the point of order. In such an eventuality you, as the Customer, will be liable for any failed or return delivery charges. Please ensure access is clear and advise us of any obstructions or limitations that may delay or even prevent us from gaining access. Cabins are generally delivered in kit form and depending on the cabin ordered, some lengths can be as long as 6mts. If the cabin is delivery only it will be delivered at the roadside at the front of the site. It will then be the Customer’s responsibility to provide sufficient manpower to unload.
3.7. A valid signature from you, as the Customer, or your nominated representative in writing is required upon delivery, at which point you bear all responsibility and risk.
3.7.1. If you are not available to sign for the Product or Goods upon delivery, prior written acceptance of responsibility by you for the product or the goods allowing us to leave the goods unattended. If written acceptance of responsibility is not received prior to delivery in terms acceptable to us, you will be liable for all the failed and/or return delivery charges.
3.8. Products or goods delivered to you, or your site must be examined by you within a reasonable time after delivery and all damages or shortages must be reported as soon as possible by telephone to (003)53749368972, or (003)53667119936 and thereafter confirmed in writing. Beaver will not accept any telephone claims which are not immediately confirmed to us in writing.
3.8.1. No responsibility for transit damage to goods or product will be accepted by Beaver after 24 hours from time of delivery.
3.8.2. If damage has occurred to sectional or any product or goods during transit, each section will be classed as an individual item. We reserve the right to replace only the damaged sections and can decline any replacement when damage has been caused by you through misuse, neglect, self-assembly, or incorrect storage. Minor superficial damage caused during transit will not be accepted as grounds for rejection.
3.9. You should not begin installation or arrange any third-party installation until the Product has been fully inspected for damage or missing parts. We shall not be liable for any costs incurred by you, the Customer, should you fail to inspect and satisfy themselves that the products or goods are sound and complete prior to self-assembly.
3.9.1 All our Flat Pack range is ex stock with estimated delivery time being between 3 and 14 days subject to the above.
3.9.2 Delivery time on our BESP range of products is 6 -18 weeks
4.0. Installation Service:
4.1. Our Products and Goods are sold and supplied for self-assembly only, unless expressly stated otherwise in writing.
4.2. If an installation service is available, and has been requested, it is your responsibility to ensure that that a flat, level, and square base, capable of carrying considerable weight, has been provided.
4.3 It is essential that all interlocking cabins are erected on a level base. Please ensure that the base provided or nominated by you is solid, flat and perfectly level. Uneven bases will cause major problems during erection. The base should be no less than the size of the cabin.
4.4. The site to which the Products of Goods is to be delivered or installed should be cleared by you of overhanging branches or obstructions and have sufficient unobstructed access (minimum 600mm) around the site for the safe erecting and maintenance of the building. If the base does not meet the required standards, you will be liable for the aborted labour costs (10% of the product price or the initial installation fee, whichever is greater), and the product will be left for self-assembly.
4.5. Should you require a return installation service, a similar charge (10% of the product price or the initial installation fee, whichever is greater) must be paid to Beaver and received by it prior to the subsequent visit being made.
4.6. The Customer must in all cases ensure that the installer’s vehicle can be parked as close as possible to the installation site. If a parking area cannot be located nearby the site, the installation may be abandoned, and a return charge (as defined herein) may be levied as Beaver’s discretion. The Customer will be liable for any costs incurred by the installation team (metered parking etc.) during the installation period.
Any variations including, but not limited to, modifications, omissions or additions that are made to this agreement must be agreed to in writing by both parties detailing the price and specification of such variations. The parties must make a good faith attempt to agree on all necessary particulars. Such agreements are to be evidenced in writing, signed by the parties and added to this contract. Failure to reach agreement will be deemed a dispute to be resolved as agreed herein.
6.1. If the goods have not been delivered, you can cancel the contract at any time from the day the contract is made until the expiry of 14 days following the day the order for goods was placed (except as defined in 5.2.).
6.2. Cancellations must be made in writing either by letter, fax or email and no cancellation is accepted by Beaver unless and until confirmed in writing by Beaver to you, the Customer.
6.3. An additional charge may be made if the order is cancelled within 14 days, but delivery has been scheduled by a third party.
6.4. The Customer shall never have a right or entitlement to cancel at any time if the order includes special order items, non-standard options, adaptations, or personalised preferences. Buildings ordered for delivery direct to the Customer from overseas (e.g., log cabins) are wholly non-returnable and cannot be cancelled once shipping has commenced.
6.5. Minor cosmetic damage, and natural variances in timber buildings such as knots, natural cracks and shakes are not classed as imperfections or flaws, and the Customer accepts and agrees that they are not classed as faulty or as faults.
6.6. All interlocking cabins are untreated. It is the customers responsibility to apply a recommended micro porous preservative such as ‘Sikkens’ which allows the wood to breathe whilst maintaining an effective waterproof. The cabin or kit should be stored in a dry condition prior to erection and protective coating application made within 7 days of erection to avoid any warping. This will affect the warranty on the cabin if not applied in the specified timeframe.
6.7. Beaver will never accept any return or cancellation if the Product has been altered, assembled, painted, or customised in any way.
7.1. We will not accept liability for any Product that does not meet or satisfy the written dimensions provided to us by you. All sizes shown are quoted as approximate and may be changed at any time.
7.2. By ordering you agrees that it shall be your sole and exclusive responsibility to check, ascertain and to confirm before submitting an order that the Product shall be suitable for its intended purpose.
7.3. Beaver accepts no liability whatsoever for any liability for issues caused by the installation of any product by a third party.
7.4. If you do not receive goods ordered within 6-18 weeks of the date ordered (unless a longer delivery time had been agreed), Beaver shall have no liability to you unless notified of the problem in writing at our contact address within 7 days after the 18th week has elapsed after the order was placed for the goods.
7.4.1. If we (or our suppliers) are unable to supply your order, we will refund you in full as soon as possible. Beaver will not be obliged to pay any compensation to the Customer or any third party for consequential loss, loss of profits, loss of use, disappointment, or inconvenience.
7.5. Beaver will not be liable for:
(a) losses that were unforeseeable to both parties when the contract was made,
(b) for losses that were not caused by any breach on the part of the supplier or manufacturers to us.
(c) for business losses and/or losses to non-consumers.
(d) No liability for damage to property or belongings will be accepted in the event that the installers are required to access the site through a house or property (commercial or residential), you should ensure that all floor coverings are protected, and any valuables or breakable objects should be removed from the thoroughfare.
7.6. In the event that we arrange an installation service, no liability for whatsoever damage to property or belongings will be accepted in the event that our installers are required to access the site through a house or property (commercial or residential), you should ensure that all floor coverings are fully protected, and any valuables or breakable objects have been removed from the thoroughfare.
7.7. Beaver shall not be liable to you, the Customer or any third party for loss, damage, or alteration due to weather 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 pursuant.
7.8. Failure on your part to ensure all preparations completed for installation and operation for the agreed time and date can result in the deduction of the delivery cost from the deposit received.
7.9. Beaver or its will not be held liable for any damages or injuries to goods, property or personnel arising from difficulties with the site unknown to Beaver.
8.0. Planning Permission:
8.1 By placing an order with us, you accept that it shall be your sole responsibility to check with your local planning authority regarding planning permission and building regulations and zoning and all other permissions and permits, whether planning permission is applicable and or the relevant conditions thereto. Beaver does not and never will give advice on planning permission to customers and does not hold itself out as being an expert and having any expertise on planning permission. Under no circumstances will Beaver, its directors, officers, employees, servants and agents be held responsible for any problems, difficulties and or objections at time of installation or subsequently regarding planning permission or building regulations.
9.0. Warranty and Guarantee:
9.1. Beaver shall never be liable to you, the Customer or any third party for any damage caused by “Act of God” or extreme weather events such as storms, snow, freezing and or hurricanes or flooding.
9.2. No warranty of any kind shall be provided to you the Customer by Beaver other than as expressly provided for herein in writing.
9.3. All BESP products are guaranteed for a period of two years from the date of purchase when the transaction includes erection. This guarantee is conditional on you purchasing the recommended paint for treatment of the product from Beaver and properly, correctly and professionally applying it immediately and in strict accordance with the application instructions provided by Beaver. The guarantee and warranty is further conditional on you repeating this process (after purchasing and using the recommended paint from Beaver two years after the date of purchase and again two years after the date of that application and or as may be necessary and or required from time to time. The treatment must contain between 120-150 microns of paint. This ensures the continuation of the guarantee. All warranties and guarantees are for parts-only and no labour or installation costs by Beaver or any third party are covered. For supply only, please refer to the relevant sections. Our shingles come with a manufacturer’s 15-year guarantee.
9.4. As of September 2015, all BESP Cabins purchased from Beaver Log Cabins are covered by a 2-year guarantee when supplied, painted, and built by Beaver.
9.5. All the BESP Cabins supply only products are covered by a 12 month guarantee as detailed herein from date of instillation.
9.6. The guarantee in respect of all Flat Pack range products are for 12 months from date of instillation.
9.7. Anti-Rot Guarantee. All Flat Pack products are guaranteed for a period of 12 months from date of purchase. This is a parts-only guarantee, and no labour or installation costs are covered. Warranties will be void if damage, misuse, or neglect has occurred due to you, a third party not related to Beaver such as an independent installer or damage occurring outside of our control such as adverse weather.
9.8. All Flat Pack products must be treated immediately after instillation with paint purchased from Beaver which has a minimum of 120-150 microns of paint and before any contact with water. This must be repeated two years from date of purchase and again a further two years after the date of application. This ensures that the cabin will remain covered by the guarantee. Guttering must also be fitted to the cabin immediately after erection. Without prejudice to the generality of the foregoing, Beaver will not be liable for damage or damp occurring to the cabin if this has not been done as per these instructions.
10.0. Time for Completion:
10.1. The date of commencement of the installation will be agreed with you and confirmed by Beaver. However, it shall be a matter for Beaver how and in what manner the installation is to be completed and by what employees provided that the Works commence on the specified date and are completed by the Beaver on the agreed Completion Date.
11.0. Dispute Resolution / Arbitration:
Any dispute difference or question which may arise at any time hereafter between the Parties herein including but not limited to matters touching or relating to the true construction of this agreement or the rights, obligations and liabilities of the parties hereto shall unless otherwise herein expressly provided be referred to the decision of a single arbitrator in Ireland to be agreed upon between the parties or, in default of agreement for fourteen days, to be appointed at the request of either party by the President or other official of the Law Society of Ireland in accordance with and subject to the provisions of the Arbitration Act 2010 or any statutory modification or re-enactment thereof for the time being in force.
12.1. If the Customer commits:
- any breach of the Contract or of any other contract between the Customer and Beaver or and any company within the same group of companies of which Beaver is a member; or
- if you have a bankruptcy order made against you or enters into a voluntary arrangement or composition with your creditors (or being a company or body corporate) convenes a meeting of creditors or enters into liquidation (except a solvent voluntary liquidation for the purpose only of a examinership, reconstruction or amalgamation),
iii. or a resolution is passed, or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.
- or an encumbrancer takes possession, or a manager, administrator, receiver, or administrative receiver is appointed over any of the property, undertaking or assets of the Customer (or part thereof); or
- if in business, you cease or threatens to cease to carry on business; or
vii. or if any distraint, lien, hypothec, execution (whether legal or equitable) or other process is levied or enforced on any property of the Customer and is not paid out, withdrawn, or discharged within 21 days; or
viii. if you, as a Company, are unable to pay your debts as they fall due within the meaning of The Companies Act 2014 and or any other relevant or applicable act or regulation and / or Beaver reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then without prejudice or other right or remedy available to Beaver, Beaver shall be entitled to cancel the Contract or suspend the Works and / or any payments under the Contract without any liability to Beaver despite any previous agreement or arrangement to the contrary, or
(viii) immediately, if required by law or by any rule, regulation, order, decree, judgment, or other governmental act of any governmental authority; or
(ix) immediately by Beaver if Beaver reasonably suspects that you as the Customer has breached any of its obligations under this Agreement.
13.0. Effect of termination:
Upon notice of termination of this Agreement for any reason, the following provisions shall apply:
(a) Beaver shall have the right to immediately vacate the site and cease providing all Products and services to the Customer at its sole discretion.
(b) Beaver shall have the absolute right and entitlement to remove all Products and parts not paid for in full by the Customer from the site or in lieu of monies due to it by the Customer. Both parties shall at all times thereafter refrain from any conduct that would be inconsistent with or likely to cause confusion with respect to the nature of their business relationship.
(c) Beaver shall have the absolute right to collect and repossess all if its Product (including Supplier Products for demonstration, and parts to service the Supplier Products) and documentation relevant to sales and customers
(e) On termination, howsoever arising, no consideration or indemnity shall be payable to the Customer by Beaver for loss of use, value, breach of contract, negligence of breach of duty whether at common law, at statute or under contract.
(f) Beaver shall have no liability whatsoever to the Customer by reason of any termination, howsoever arising, by the Supplier other than expressly provided for and set out herein.
(g) Beaver shall, in its sole discretion, have the right to offset or deduct from any payments properly due to the Customer as of date of termination any and all costs and expenses that it may have or will incur arising from the breach or alleged breach by the Customer of this agreement.
14.0. Whole Agreement and Variation:
This Agreement contains the whole agreement between the parties relating to the subject matter of this Agreement at the date hereof to the exclusion of any terms implied by law which may be excluded by contract. In this Clause “this Agreement” includes all documents entered into pursuant to this Agreement. No variation of this Agreement shall be effective unless in writing and signed by or on behalf of each of the parties.
Any liability to any party hereto under the provisions of this Agreement may in whole or in part be released, varied, compounded, or compromised by such party in its absolute discretion as regards any party under such liability without in any way prejudicing or affecting its rights against any other party under the same or a like liability whether joint and several or otherwise. A waiver by any party hereto of any breach by any party hereto of any of the terms, provisions or conditions of this Agreement or the acquiescence of a party hereto in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term provision or condition or of any subsequent act contrary there to.
16.0. Counterparts and Facsimiles:
This Agreement may be executed in any number of counterparts (whether original or facsimile) and upon execution of all such counterparts by one or more parties each counterpart shall be deemed to be an original hereof.
17.1 Any notice or other communication required or permitted to be given or made hereunder may be sent by email and confirmed by letter shall be addressed or sent as follows:
17.2 or to such other postal or email address as any such party hereto may from time to time notify to the other parties hereto in writing in accordance with the provisions hereof.
17.3 Any notice or other communication required or permitted to be given or made hereunder shall be validly given or made if delivered personally or if dispatched by pre-paid letter post addressed as aforesaid or if sent by fax to such fax number (if any) or if sent by electronic mail to such electronic mail address (if any) as may be specified as aforesaid and shall be deemed to be given or made:
17.4. if delivered by hand – at the time of delivery.
17.5. if sent by post – forty-eight hours after the same shall have been posted.
17.6. if sent by electronic mail – at the time of acknowledgment of receipt or forty-eight hours after the same shall have been confirmed by letter send by post whichever is the latter
No announcement shall be made in respect of the subject matter of this Agreement unless specifically agreed between the parties or it is an announcement required by law issued after prior consultation between the parties.
19.0. No Partnership or Agency:
Nothing in this Agreement shall be deemed to constitute a partnership, employment relationship, agency, or franchise agreement between the parties hereto nor constitute any party the agent of another party for any purpose.
20.0. Governing Law:
This Agreement and the documents to be entered into pursuant to it shall be governed by and construed in accordance with the laws of Ireland and all the parties irrevocably agree that subject to the provisions herein the Courts of Ireland are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement and such documents.
21.0. Good Faith:
Each of the parties shall exercise its right and perform its obligations under this Agreement in good faith.
22.0. Force Majeure:
None of the parties hereto shall be liable to any of the others for any failure or delay in the performance of any of its obligations under this Agreement which is caused by any event or circumstances beyond their reasonable control. If the performance of a material obligation under this Agreement is prevented by any such event or circumstances for a continuous period of ninety (90) days, or more, then the party for whose benefit the affected obligation would have been performed shall be entitled, by giving notice in writing to all of the other parties, immediately to terminate this Agreement.
23.0. Binding on Successors:
This Agreement shall ensure to the benefit of, and be binding upon, the respective parties hereto and their respective successors, personal representatives and permitted assigns.
The Customer shall not assign, transfer, charge, or deal in any other manner with this Agreement or any of its rights under it nor purport to do any of the same save with the prior express agreement of Beaver.
You agree to indemnify and hold Beaver harmless from any and all actions, awards, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) attributable to the Customer breach of this Agreement or to any negligent, grossly negligent, wilful or unlawful acts or omissions of the Customer, its employees, officers, agents, subcontractors, dealers or representatives.
26.0. Retention of Title:
26.1 Legal ownership, or title, to the Product or Products will not pass from Beaver to the Customer until the Customer has paid in full for the Product or Products and the funds are cleared funds in the accounts of Beaver.
26.2 The Customer unconditionally and irrevocably grants to Beaver the absolute right and entitlement to enter and cross and re-cross and leave the Customer’s lands and premises to repossess the Product or Products with or without workmen, employees, servants and or agents, vehicles and machinery should be included. This is to ensure that the seller is not committing a trespass when doing so
26.3 Until and unless paid for in full the Customer shall:
(a) store the Product or Products separately from goods belonging to third parties.
(b) mark the Product or Products as Beaver’s property.
(c) allow the Beaver access to the Customer’s premises to verify that the obligations are being complied with.
26.4 Until the Product or Products are paid for, all risk of damage or loss will pass to the Customer on delivery.
All disputes and questions whatsoever which shall either during the term of the Agreement or afterwards arise between the Parties hereto Partners touching on this Agreement or the construction, interpretation and / or application thereof or any clause or thing herein contained and / or the right duties or liabilities of any Party hereunder shall be referred to mediation by a single mediator to be nominated by all the persons in dispute or in default of agreement on the application of any such Partner by the President for the time being of the Institute of Mediators. If the dispute is not resolved within one month of the appointment of the mediator, then unless otherwise agreed by all the persons in dispute, the dispute shall be referred to a single arbitrator to be nominated by all the persons in dispute or in default of agreement on the application of any such Partner by the President for the time being of the Institute of Arbitrators in accordance with and subject to the provisions of the Arbitration Acts, 2010 and / or any statutory modification or re-enactment thereof for the time being in force.
28.0. Statutory Rights.
28.1 If you are acting as a consumer within its statutory meaning, these Terms and Conditions do not affect your statutory rights as a consumer.