The following words shall have the following meanings:
1.1 "Buyer" means the person who buys goods from the seller.
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 "Goods" means the articles that the buyer agrees to buy from the seller.
1.4 "List Price" means the list of prices of the goods maintained by the seller as amended from time to time.
1.5 "Seller" means The Contemporary Fencing Company Ltd of 11 Douglas Avenue, Whitstable, Kent, CT5 1RT. Registered in England 08375497. VAT Reg. 159 183 877.
Workshop is located at Unit 1B, Joeseph Wilson Industrial Estate, Millstrood Road, Whitstable, Kent, CT5 3PS.
1.6 "Terms and Conditions" means the terms and conditions of sale set out below and any special terms and conditions agreed in writing by the seller.
1.7 ‘Stock Goods’ means goods that are normally held in stock by the seller that are standard sizes.
1.8 ‘Bespoke Goods’ means goods that are made at special request by the buyer, these goods are not standard sizes and are made to order.
2.1 These terms and conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer.
2.2 All orders for goods shall be deemed to be an offer by the buyer to purchase goods pursuant to these terms and conditions and are subject to acceptance by the seller. The seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the buyer's acceptance of these terms and conditions.
2.4 Any variation to these terms and conditions shall be inapplicable unless agreed in writing by the seller.
2.5 Nothing in these terms and conditions shall affect the buyer's statutory rights as a consumer.
3. PRICE AND PAYMENT
3.1 The price of the goods shall be that stipulated in the seller's current List price / on the seller's website / as contained in the seller's quotation at the date of order or as agreed between the parties. All prices quoted are exclusive of VAT and will be subject to any applicable delivery charges.
3.2 Payment of the total purchase price (including VAT and any applicable delivery charge) must be made in full before the goods are dispatched.
4.1 Delivery of the goods shall be made by the seller to such place and on such terms as agreed between the seller and the buyer.
4.2 All goods, wherever possible, will be delivered within 10 working days of the order being placed and the buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
4.3 The seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some goods may not be available at the time the order is placed. In the event that the seller is unable to deliver the goods within the time specified in Clause 4.2, the seller will contact the buyer to advise of the situation and the buyer shall be entitled to either cancel the order and receive a full refund or agree to a later delivery date.
4.5 Title and risk in the goods shall pass to the buyer upon delivery of the goods.
4.6 The seller provides a delivery service to kerbside only, it is the buyers responsibility to take delivery of the goods and they should provide adequate manpower to move and store the goods. The delivery driver is happy to help but cannot be expected to move the goods on his own long distances.
4.7 The seller will take every effort to prevent marks or damage occuring when the goods are in transit. Cedar is a soft wood and can be damaged easily. If damage is noticed by the buyer he must inform the seller within 7 working days in writing. The seller reserves the right to make good any damage or replace the damaged goods completely. It is normally possible to remove these marks by sanding them. The seller reserves the right to remedy such marks by attending the buyers site and sanding the marks to remove them if it possible to do so.
4.8 In the event the buyer is concerned the goods are defective or are not the correct size, the buyer must inform the seller within 7 Days. The seller will then attend site and either make good the defective goods or replace them.
The seller warrants that the goods will at the time of delivery correspond to the description given by the seller.
6. CANCELLATION AND RETURNS
6.1 The buyer shall inspect the goods immediately upon receipt and shall notify the seller within 7 days of delivery if the goods are damaged or do not comply with any part of the contract.
6.2 Where a claim of defect or damage is made and the damage is not repairable on site then it shall be the responsibility of the seller to collect faulty goods if the items are large, otherwise the goods shall be returned by the buyer to the seller and the buyer shall be entitled to the following, replacement goods or a full refund (including delivery costs, if applicable) plus any reasonable cost of return if the goods are in fact defective or for minor damage or marking that is easily repairable that has occured during transit or delivery the seller reserves the right to attend site and make good this damage at a time agreed with the seller.
6.3 Goods to be returned must clearly show the order number obtained from the seller on the package.
6.4 Where returned goods are found to be damaged due to the buyer's fault or negligence the buyer will be liable for the cost of remedying such damage.
6.5 Where stock goods are purchased via the internet, or by phone, the Buyer has the right, in addition to any other rights, to cancel these goods and receive a refund by informing the seller in writing or by email within 7 working days of receipt of the goods. Goods must be returned at the buyer's cost and should be adequately insured during the return journey. The buyer shall receive a refund of all monies paid for the goods (excluding any delivery charges or any other costs incurred in relation to the goods being returned) within 14 days of cancellation. If stock goods have been purchased with a debit or credit card the buyer is responsible for any associated costs or refund charges that are made by the credit card company when processing a refund. These charges will be deducted from any refund made by the seller.
6.6 Where the buyer has ordered bespoke goods or goods that have been treated or painted no returns will be accepted. The seller will only accept cancellation of orders if the goods are standard sized stock items(stock goods).
6.7 Where the buyer has installed their goods and they are fixed into place as part of the buyers scheme, the seller will not accept responsibility for any marks or damage that occur during installation unless the seller is providing an installation service. Damage must be reported in writing prior to installation as (6.2)
In addition to the Buyer's statutory rights, the seller guarantees all goods against rot for a period of 20 years from the date of delivery. Subject to the terms of our guarantee policy being met.
8. LIMITATION OF LIABILITY
8.1 Nothing in these terms and conditions shall exclude or limit the liability of the seller for death or personal injury, however the seller shall not be liable for any direct loss or damage suffered by the buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the goods.
8.2 The seller shall not be liable under any circumstances to the buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
12.1 The goods are described on the sellers Website.
12.2 If the buyer has made a mistake in its order and cannot correct it in the order basket section of the sellers website, the buyer is to contact the seller as soon as reasonably possible and in any event within 48 hours of placing the order, at which point, the seller shall correct the mistake. The buyer shall at all times ensure that the terms of any order and any applicable specification are complete and accurate. If the buyer does not contact the seller within 48 hours of placing the order and goods have been dispatched then the buyer is responsible for the cost in returning goods.
12.3 All specifications, illustrations, colours, drawings and diagrams on the sellers website, in its catalogues, trade literature and other published matters are of a generally informative nature and are approximate only and none of these form part of any contract or give rise to any independent or collateral liability of whatsoever nature on the part of the seller and it shall be under no liability whatsoever for inaccuracies, changes or alterations in dimensions or measurements given, quoted or made by the seller.
12.4 The seller reserves the right to amend the specification of the goods if required by any applicable statutory or regulatory requirements.