Peart Fencing Ltd – Terms and Conditions of Contract
General
1.
In these conditions the following expressions shall have the following meanings:
a) “The Company” shall mean Peart Fencing Limited.
b) “Goods” shall include all products and things of all kinds as described in the contract between the Company and the Customer for the sale or the supply of goods or for the provisions of goods and services.
c)“Supply” shall where the context so admits include the sale or the loan of the goods.
d)“The Customer” shall mean the person, firm or Company with whom any contract to supply goods and/or supply services made by the company.
e)“Despatch” shall mean the time at which the goods leave the Company’s premises.
2.
Only these terms and conditions shall apply to transactions between the Company and the Customer. Any conditions emanating from the Customer’s documents are sent by the Customer and received by the Company on the understanding that they appear on the Customer’s documents because they are printed thereon but have no legal affect whatsoever and the Customer waives any right that it may have to rely on such conditions.
3.
a) Acceptance of the Company’s estimate does not constitute a contract unless agreed by the Company.
b) All prices and terms of payment shall be as agreed in writing between the Company and the Customer and will otherwise be according to the Company’s current price basis.
c) All prices are exclusive of VAT and if chargeable this will be charged at the appropriate rate at the date of despatch.
4.
a) All times or dates given for despatch of goods for the provision of services shall be in good faith but are approximate only and not of the essence and the Company shall not be under any liability for delay howsoever caused.
b) No liability for non-delivery, partial delivery, non-compliance with description or other agreed specification or damage to goods occurring prior to delivery will attach to the Company unless claims to that effect are notified in writing by the Customer to the Company (with a copy to the carrier if the Company’s own vehicles have not been used to deliver the goods) within seven days of delivery.
c) If the Customer shall fail to give notice in accordance with condition 4 (b) above the goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly.
d) The Company’s liability for goods found to be defective or not in compliance with description or an agreed specification or otherwise for breach of contract or in common law shall be limited to replace of the goods or (at the Company’s option) repayment of the contract price upon the return of the goods to it. The Company shall not be liable for any consequential losses or damages.
5.
The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each delivery. Each delivery shall be deemed to be a separate contract.
6.
Until such time as the price of the goods has been paid to the Company in full, title to the goods will remain vested in the Company and the Company may without notice, or liability and without prejudice to any other legal remedy repossess any unpaid for goods. Not withstanding retention of title in the goods will as from despatch be at the Customer’s risk. The Customer will be responsible for their safe custody and for any loss or damage thereto.
7.
The Customer will provide reasonable facilities for and will accept delivery of the goods. The Company will use reasonable efforts that the goods are offloaded in accordance with the reasonable directions of the Customer and whilst every precaution will be taken when the goods are being delivered the Company will not be liable for any damage done to roadway surface, manhole cover, ect. during off-loading.
8.
The Company shall be entitled to delay or cancel delivery or reduce the amount delivered if it is prevented or hindered or delayed through any circumstances beyond its control including but not limited to strikes, accidents, breakdowns or unavailability of materials from normal source of supply.
9.
A contract or order can not be cancelled by the Customer except by agreement in writing with the Company and upon payment to the Company of such amount as may be necessary to indemnify the Company against all losses resulting from the said cancellation.
10.
In the event of the account between the company and the Customer becoming overdue and having to be placed in the hands of a third party for recovery then all costs incurred will be payable by the Customer.
11.
All terms and conditions which would otherwise be implied incorporated into the contract between the Company and the Customer whether by issue of statutory provision or otherwise are excluded from the contract to the fullest extent permissible.
12.
Payment terms – Nett monthly
13.
Due to the volatile nature of the steel and galvanizing industries, prices will be subject to change monthly. Method to be agreed.
Supply and Fix
14. The line of fencing shall be level, cleared and pegged out with the positions of gates determined ready for the company to fix the fencing in one operation. The fence will be erected to follow the general contour of the ground not stepped or in acute ramps exceeding 1 in 12. All additional costs, including surplus materials specially prepared, arising from variations in quantity, alteration in lines of fencing, or positions of gateways after acceptance of order to be charged extra.
15. Fixing in garden soil or clay only is allowed for. Any digging through rock, concrete, chalk, flint, gravel, tree roots or other exceptional conditions will be charged extra to the contract sums. Posts or fixings required above the quantity specified or fencing to curves (on plan) will be charged extra including additional labour.
16. The company shall take every reasonable care but shall not be responsible for damage to underground services or other subterranean obstructions on or near the line of fencing, nor any damage to walls, paths, drives, shrubs etc. The estimate or contract sum does not cover for making good.
17. Should work be delayed due to site being in an insufficient state of readiness for any reason outside the company’s control, the full costs of such delays shall be chargeable.
18. The estimate or contract sum allows for distribution of materials within a distance of 50m of hard road accessible to transport.
19. Estimates for repairs are given on the basis that there has been no further deterioration in the fencing since the estimate was prepared. No new materials will be supplied beyond those quoted for.
20. Goods and materials delivered to the site shall remain the company’s property until they have been paid for by the customer who shall be responsible for their safe custody and for any loss or damage thereto until the contract has been completed. If the company is for any reason whatsoever unable to proceed with its work, it reserves the right to remove its property immediately. After completion of the contract a reasonable time shall be allowed to the company for the clearance of any unused goods or materials.
21. Agreements for date of completion are subject to variation due to any delay that may occur in delivery of materials or to circumstances beyond the control of the company and the company accepts no liability for any consequential damages or losses.
22. The company’s liability for material or workmanship found and agreed to be defective is confined to free replacement. The company shall not be liable for any consequential damages or losses.
23. The terms of payment set out in an estimate shall be strictly complied with. If any delay occurs in progress or completion of work due to site or other circumstances for which the company is not responsible, the value of materials prepared and or delivered and labour to date shall become due for payment. If any payment is not made when due, the company reserves the right to cancel the balance of the order. When execution of the order extends over one month, goods delivered and work done will be charged at the end of each month.
24. Quotations are made subject to the condition that the materials shall be charged at the prices on the date of despatch from our works.