Terms and conditions

1. General.

a) “The Seller”, as used herein, means 414 Fencing. “The Buyer”, as used herein, means the purchaser or purchasing agent of products or services from 414 Fencing.

b) “Agreement” means an Agreement between The Seller and The Buyer for the sale by The Seller to The Buyer of products and services of any description.

c) The words “product’ or “products” and “service” or “services”, used herein, shall mean a product or products, service or services, or any mixture or combination agreed in any agreement to be supplied to The Buyer, and shall include any containers in which the same are supplied unless otherwise agreed.

d) All orders are accepted on the understanding that these conditions of sale apply. No variations of these conditions of sale shall be binding on The Seller unless agreed in writing and signed by a 414 Fencing Director.

e) “Working Day” is understood to be the days of the week from Monday to Friday, unless declared a Public Holiday or Bank Holiday by the UK Government.

f) All matters concerning an agreement under these Conditions of Sale shall be decided according to the Laws of England.

2. Quotations.

a) Any quotation given by The Seller is not an offer.

b) Quantities and specifications advised by The Seller at the time of quotation are suggested only. It is the responsibility of The Buyer to ensure that their requirement is correctly specified and supplied.

c) Prices quoted are correct at the time of quotation. They are subject to rise and fall, due to the rise or fall of the cost of materials, labour and haulage. A fixed price will only apply when confirmed in writing with the fixed time specified by The Seller.

e) Offers for delivery of goods from stock are subject to such goods remaining unsold on receipt of order.

f) All illustrations, data and information in The Sellers printed literature and digital media are approximate representations and are not binding in detail. The Seller reserves the right to change specifications and other information in its literature and The Buyer must ensure that the current stocks meet their requirements.

3. Manufacture to Order.

a) Goods manufactured to the design or specification supplied by The Buyer carry no guarantee of any kind except of compliance with the design or specification. The Buyer shall indemnify The Seller for any breach of copyright, registered design or any other intellectual property belonging to a third party. The Seller shall not accept liability for damage or injury by a defect in the design.

4. Passing of Property and Risk.

a) Title in the product shall pass to The Buyer on payment being received in full by The Seller into their bank account for the whole of any delivery or collection.

b) Risk in the product passes to The Buyer on delivery when lifted from the vehicle, and on collection when placed on The Buyers vehicle.

5. Delivery.

a) Delivery times and dates given in any agreement are given in good faith but are estimates only and no liability what so ever can be accepted by The Seller for delays in delivery how so ever caused and The Buyer shall not be entitled to refuse to accept the product by reason of delay in delivery unless specifically agreed with The Seller.

b) Each delivery made under any agreement shall be considered to be a separate contract.

c) The Buyer is under a duty to inspect the products for shortages or damage at the time of delivery or on collection.

d) When goods are offered for site delivery, The Seller’s obligation is to deliver as near to site as a safe hard road permits. The Buyer shall provide, free of charge, any labour necessary for unloading products when delivered and The Seller’s driver’s responsibility is limited to handling products off the vehicle. If The Seller’s vehicle is delayed on site for an unreasonable time, or has to return to the depot without completing delivery through lack of assistance, or if additional staff have to accompany The Seller’s driver, an appropriate additional charge will be made. If, for any reason, The Buyer does not accept delivery of goods ordered, any costs incurred will be charged to The Buyer.

e) The Seller accepts no liability for any loss arising from delay in delivery or non-delivery of products, as dates given in any agreement are given in good faith but are estimates only. The Buyer shall not be entitled to refuse to accept the product or products by reason of any delay in delivery unless specifically agreed with The Seller.

f) The Seller reserves the right to make deliveries in instalments.

6. Terms of Payment.

a) Unless otherwise agreed in writing, payment shall be made when placing an order.

b) Where credit has been agreed, payment shall be due 30 days from the date of invoice.

c) Notwithstanding condition 5(b) The Seller may at any time require The Buyer to make payment in advance of delivery or to advance adequate security for the payment of all amounts due or becoming due.

d) No retentions are permissible, and The Buyer has no right to set off disputed monies, whether or not in respect of goods, under any contract to which these conditions apply.

e) The Seller shall, at The Seller’s discretion, have the right to charge interest at the rate of 2% per month, or part of a month, on any amount more than twenty days overdue; such interest to accrue on a daily basis after, as well as before, any judgement.

f) The Seller reserves the right to reclaim from The Buyer any financial transaction costs resulting in any refund caused by a decision made by The Buyer.

g) Where a cheque received by The Seller is not cleared on the first or subsequent presentation to the bank, The Seller will pass on to The Buyer any resulting charges made by banks.

7. Cancellation of Orders.

a) The Buyer may only cancel orders for goods not normally carried in stock by The Seller, if no manufacturing or purchasing has been started or undertaken by The Seller.

8. Return of Goods.

a) The Seller shall not accept the return of any goods unless The Buyer provides the number of the invoice on which the goods were supplied.

b) The Seller shall not accept the return of any goods that are not in full resalable condition or goods that are not normally stocked.

c) Any goods returned by The Buyer, and accepted by The Seller, is subject to a handling charge.

9. Storage.

a) If so requested, goods bought and paid for by The Buyer can be stored by The Seller for a maximum of 1 (one) week free of charge after which The Seller is entitle to charge for storage.

b) The storage area provided is open to the elements. The Seller accepts no liability for any weathering of the goods occurring during the storage period.

10. Defective or Faulty Goods.

a) Subject to The Buyer’s compliance with all of (1)(b) obligations herein: if notice of the defect is given to The Seller within 7 (seven) days, and returned to The Seller without monetary remuneration, and The Seller is satisfied that the goods were defective in materials or workmanship, upon receipt of the goods supplied, they will be replaced or repaired free of charge or, in The Seller’s absolute discretion, the purchase price refunded. The Seller accepts no liability for the cost of taking out, refixing or making good other materials. Subject to the above, The Seller’s entire obligation and The Buyer’s sole remedies shall be in respect of:

i) Death or Personal injury resulting from The Seller’s negligence; or

ii) Direct Physical damage to The Buyer’s tangible property caused by The Seller’s negligence.

b) The Seller’s total liability for all loss or damage, which is claimed to result from any breach of The Seller’s obligations hereunder, shall be limited to The Buyer’s actual money damages which shall not exceed the contract price for the goods (provided that the monetary limit shall not apply to The Seller liability for death or personal injury under (a) (i) above).

c) In no event shall The Seller be liable for the loss or damage set out below even if foreseeable by The Seller or in The Seller’s contemplation.

d) In no event shall The Seller be liable for imperfections or problems with wooden products that are natural and unavoidable due to the nature of timber. This includes:

i) Shrinkage and /or warpage due to the drying or weathering of timber; and/or

ii) The occurrence of knots within the timber; and/or

iii) Shakes or splitting occurring in the timber; and/or

iv) Colour variation between timbers sourced from different trees of the same species or caused by variations in tone of treatment applied by The Seller’s suppliers.

11. Manufacturer’s Guarantees.

a) Guarantees supplied on products by suppliers to The Seller are a matter between The Buyer and/or end user and the supplier of the products to The Seller. The Seller accepts no liability for claims made in respect of these guarantees.

12. Force Majeure.

a) The Term “Force Majeure” for these purposes includes acts of God, Fire, Accidents, Lightning, Earthquakes, Storms, Floods, Explosion, War, Strikes, Lockouts, Thefts, Industrial Action and any other circumstances whether similar or dissimilar beyond the reasonable control of The Seller.

b) If the performance of any contract or any obligation thereunder prevented by Force Majeure, The Seller shall be excused performance provided that The Seller reasonably endeavours to remove such cause(s) of non-performance without delay whenever such cause(s) are removed.

13. Termination.

a) If The Buyer makes default in any payment, or commits any breach of the terms and conditions of any relevant contract, or suffers distress on execution, or becomes insolvent, or commits an act of bankruptcy, or enters into any arrangement of composition with his creditors, or goes/is put into liquidation (other than solely for amalgamation or reconstruction), or if a petition for an administration order is presented to the court, then The Seller may accrue to it, at its option:

i) Require payment in advance for all or any prior, existing and/or further deliveries; and/or

ii) Suspended any further deliveries until such default or breach, if capable of rectification is rectified; and/or

iii) Terminate the relevant contract; and/or

iv) Terminate any other orders or contracts so far as any goods remain to be delivered.

14. Applicable Law.

a) These conditions, and any contract arising hereunder, shall in all respects be construed in accordance with English Law and The Buyer agrees to submit to The Non-Exclusive Jurisdiction of The English Courts.