Supply & Installation Terms & Conditions

Terms & Conditions of Contract for the Supply and Installation of Fencing, Gates and Associated Devices and Accessories.

General Terms

1. Typographical, clerical or other errors or omissions in any quotation, acknowledgement or order issued by us shall be subject to correction without any liability on our part.
2. Goods that are made to order may not be returned for credit or refund should they meet the specification agreed at the time of ordering or in subsequent notices acknowledged by us.
3. The specification of the services and plant required for works are detailed in our quotation.
4. We reserve the right to make changes to the specification at any time to conform to any applicable safety or other statutory requirement as part of our continuous improvement programme or to accommodate site conditions.

Prices

1. All quotations are based on current prices. In certain instances, where external costs to us have risen significantly due to factors beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, plant, materials, subsistence, accommodation or other costs associated with the works) between the date your order was placed and the delivery date, the price will be recalculated accordingly and advised to you as soon as we are able.
2. Due to the fluctuating nature of prices for raw materials, quotations for the supply of goods are valid for 30 days unless otherwise specified, after which they may be subject to change without notice. Any change to the delivery date, installation date, quantity or specification for the goods or materials to be installed requested by you or any delay caused by changes made by you may result in a change to the quotation.
3. Prices quoted are exclusive of VAT unless otherwise stated and will be adjusted to the current rate at the time of invoice.

Payment Terms

1. All invoices issued by us to you are due for payment in full to the address stated on the invoice within 7 days unless stated on the invoice.
2. We will invoice you for the cost of bespoke goods in full at the time of receiving your order unless agreed in writing by us.
3. We will invoice you for the cost of the goods and works either at completion of the works or at intervals during the execution of the works at our discretion.
4. The payment due date and acknowledgment of order are the essence of the contract between us. Without prejudice to any other rights due to us, should you fail to pay our invoice by the due date, any discounts agreed may be withdrawn and interest will be charged on the overdue amount from the date on which payment was due to that on which is made, on a daily basis at a rate of 4% above the base rate from time to time quoted by the Bank of England. You will also incur liability for all costs and expenses (including legal costs) incurred by us in the collection of any overdue account. These interest charges will be compounded with 3 monthly rests.

Quality and Description

Subject to the terms detailed in the below, the goods and works supplied shall:
1. Conform in quality and description to the particulars stated in the order.
2. Be of sound workmanship.
3. Be equal in all respects of any written specifications provided unless otherwise provided.
4. Be fit for the purpose indicated in the order either expressly or by implication.

Weights and Dimensions

1. Specifications of weight and dimensions are approximate only.
2. Specifications of weight and dimensions contained in the Company’s catalogues price lists and other matter are intended merely to present a general idea of the goods or materials described therein, and none of these shall form part of the contract.
3. Unless otherwise expressly requested when ordering, the Company shall be entitled to substitute metric for imperial and imperial for metric sizes.

Design

1. Design of the fence or gate installation is at our discretion any specific requirements must be agreed in writing before work commences as failing to do so may incur additional costs to the contract.
2. Any change of design made by the customer once work has commenced that results in a change to the order specification will no longer form part of the contract, materials or labour required to carry out this work may incur additional costs to the contract, any subsequent alterations whether during or after the installation is complete or invoiced will be chargeable.
3. Drawings or photos provided by us are for guidance only and not necessarily how the finished product will look and shall not form part of the contract.
4. Posts are usually dug and set in concrete, agricultural fence posts are often driven into the ground, depending on the height and style of the fence or gate will determine the depth the post is installed at, certain styles of posts are only available in specific sizes so may be installed to a non-standard depth. Post depths detailed in any quotation are a guide only.

Materials

1. Our range of products is constantly being improved and we reserve the right to amend our product specifications without notice.
2. Wood is a natural product and as such can absorb and release moisture under certain conditions. These natural processes are generally not detrimental but some movement in the timber may be unavoidable and may appear as soon as the wood is exposed to the elements. This can include checks, splits, shakes, shrinkage and warping, particularly on larger sections such as posts. Please note this is not a defect and should not affect the performance or life of the product. All wood varies in colour even when cut from the same tree, softwood is usually more uniformed and should dry to a similar colour, however some sap may appear due to the pressure treatment process and when dry will brush/flake off over time, Hardwood colours vary which is part of their charm, variations in colour is not a defect it is natural to the species of tree and by placing an order you accept the aforementioned.
3. Any unfixed or unused goods or materials unless deemed by us as waste which are remaining when the installation is complete will remain our property and shall be removed by us, no credit will be given for any such unfixed or unused goods.
4. If the customer requests a change to the contract which results in unused materials being returned to a supplier may incur a restocking, handling and/or delivery charge at our discretion.

Your Responsibilities To Us

1. You will carefully examine the goods and works on delivery and throughout the installation process and will notify us in writing of any defect or other failure to comply with the contract within 24 hours of discovering the faults, thereby allowing us to remedy the fault while still on site. This in no way replaces your right to examine the works on completion and to notify us at that time of any snagging issues that may arise.
2. You are required to advise and supervise the installers regarding the location of the new fence or gates as we are not liable for any disputes once installed.
3. You are responsible for fence or gate heights and their legal requirements and it is your responsibility to make the necessary enquiries with your local council/planning department or highways agency.
4. Where materials will have to come through the house due to limited access, although we take all reasonable care while moving materials any damage inadvertently caused will not be our responsibility, we therefore recommend you protect flooring, walls etc on the access route.
5. Where you accept the quotation that specifically excludes the cost of supplying materials you are responsible for supplying all of the correct materials for the contract on time. If in the event of any errors/delays or insufficient materials for any reason that prevent works to proceed we request you notify us 48 hours prior to the contract starting. Failing to give us prior notice a charge may be added to your contract at our sole discretion.

Limitation of Liability

1. Subject to the terms contained in this document, the goods and works are not supplied with, or subject to, any condition, warranty or other terms unless specifically stated by or agreed to by us in writing that they will be fit for purpose.
2. In respect of death or injury caused by our negligence, our liability to you is limited to the cost of the goods and works supplied to you.
3. We will not be under any liability to meet any cost or expense incurred by you in replacing goods or repairing works unless we are first given a reasonable opportunity of carrying out repairs.

Cancellation of Goods and Suspension of works

1. These terms and conditions shall be binding unless agreed in writing between us.
2. Goods are made to your specifications and orders may not be cancelled without payment in full once materials have been procured by us to manufacture the goods.
3. Because our works teams are selected and scheduled in advance, orders from you for the supply of installation services and plant that have been accepted by us may not be cancelled except with our prior agreement and only on the basis that you agree to indemnify us, in full, against all losses (including but not limited to loss of profit, recovery of costs including costs for labour, plant, subsistence, accommodation and materials used to date, damages, charges and expenses) incurred by us as a result of your cancellation or suspension of works.
4. Works already carried out on the basis of your order and costs associated will be charged to you along with any additional charges incurred by us in the suspension or cancellation of your order.

Timing & Site Conditions

1. We will do our best to meet the delivery and completion deadlines for goods and works as agreed between us. These dates are provided in good faith given the information available at that time and we will not be liable in the event of the delivery period being exceeded or accelerated due to unforeseen circumstance, including ground and weather conditions and dependence on materials being on site and delays caused by other contractors on related works.
2. It is the customers responsibility to ensure that our vehicles have proper access on a hard road surface to and from the site so that the goods or materials can be off-loaded and works carried out.
3. If you fail to take delivery of any goods or material for the works at the time stated for delivery, other than for reasons beyond your control, then without prejudice to any other right or remedy available to us, we will store the goods or materials until an alternative delivery date is agreed and will charge any reasonable costs, including insurance, for providing that storage.
4. Unless expressly stated otherwise in writing, it is a condition of the quotation or order for the supply of goods and the installation works that the site is clear and free from obstacles including hedges, trees, pipes or cables, buildings or existing fencing on the new fence line. Should the site contain obstacles, we will be entitled at our option either to refuse to off-load the goods or to carry out the installation and charge for costs incurred to date or to clear the site on your behalf at your cost, or to erect the fence or gate in such a position as we may at our discretion think fit. We will not be liable for any damage to pipes or cables or any other underground connection however caused and will charge for arranging or doing any remedial work required as we may at our discretion think fit. We will endeavour not to damage any plants, shrubs or trees when undergoing the gate or fence installation on your property and neighbouring properties but we must be able to cut back any material that obstructs or would delay the installation of a new fence or gates and will not be responsible for any damage caused.
5. Where the fence line or post locations for gates contain bricks, stones, flints, chalk or other impediment to post digging or post driving, we will be entitled to make additional charges for the works above the agreed price to cover the additional time expended on site.
6. We reserve the right to supply and install, at your cost, additional materials required for any fence erection, gate installation or related works beyond those included in the quotation or order should they be found to be necessary.
7. On delivery of the goods, you shall be deemed to have accepted the goods unless you notify us in writing of any faults within 7 days of delivery.
8. On completion of the works, you shall be deemed to have accepted the works unless you notify us in writing of any snagging within 7 days of completion.
9. We will when notified of a fault, snag/snagging aim to rectify any faults within 2 weeks of receipt of your notification.

Passing of Property and Risk

1. Risk of damage to or loss of goods or materials on site from delivery of goods and throughout the works schedule is to be covered by your insurance.
2. Ownership of goods and the works will not pass to you until full payment for the works has been received by us.

Limitation

1. No representative of Heritage Fencing & Gates other than a Director has any authority to agree any other or additional terms or conditions or to vary or waive any of the terms or conditions contained in this document and then only if he does so in writing.

Advice and Recommendation

1. We make every effort to ensure that any advice given to you concerning the goods and works is correct given the information provided and the scope of a site visit when one takes place, however your decision to follow or act upon it is entirely at your own risk and consequently, we will not be liable for any such advice or recommendation.