STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES FOR FENCES LTD
In this document the following words shall have the following meanings:
- 1.1 "Consumer" shall have the meaning ascribed in Consumer Rights Act
- 1.2 "Customer" means any person who purchases Services from the Supplier;
- 1.3 "Proposal" means a statement of work, quotation or other similar document describing the services to be provided by the Supplier;
- 1.4 "Services" means the services specified in the Proposal;
- 1.5 "Supplier" means Fences Ltd of 7 High Beeches Cottages, High Beeches Lane, Handcross, West Sussex. RH176HQ;
- "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
- Unless specified the works will be carried out to Fencing Industry Skills Scheme and the Construction Industry Certification Scheme guide lines.
- 2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
- 2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
- 2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
- 2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
- 3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
- 3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
- 3.3 All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
4 PRICE AND PAYMENT
- 4.1 The price for the Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
- 4.2 Payment of the price shall be in the manner specified in the Proposal or 15 days after final invoice.
- 4.3 If the Customer fails to make any payment within 14 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 3% per month above the Bank of England Based rate on the outstanding amounts.
- 4.4 If no payment is forthcoming within 30 days any correspondents including email, letter, telephone or txt will be charged at £15 per item to recover all ancillary costs incurred in the recover the unsecured borrowing from Fences Ltd above and beyond the interest rate mentioned in 4.3. If further legal costs or time is incurred these will be charged at cost plus Fences Ltd day rate for disruption to normal business practice and time spent recovering the debt
- To enable the Supplier to perform its obligations the Customer shall:
- 5.1 co-operate with the Supplier, including identification of all services and provision for the disposal of waste unless previously agreed.
- 5.2 provide the Supplier with any information reasonably required by the Supplier;
- 5.3 obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
- 5.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
6 SUPPLIER'S OBLIGATIONS
- 6.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
- 6.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
- 6.3 The Supplier provides the following guarantee(s) in relation to the Services carried out: To the best ability.
7 LIMITATION OF LIABILITY
- 7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer how so ever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
- 7.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- 7.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
- 8.1 The Customer may cancel an Order by notifying the Supplier in writing at the address above or via email to firstname.lastname@example.org within 14 days of placing an Order and any deposit paid will be refunded in full.
- 8.2 If the Customer fails to cancel the order within the time specified in Clause 8.1 any deposit paid may not be returnable in full due to incurred costs.
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.
- 11.1 In The unlikely event you have a complaint see http://www.fences.ltd.uk/html/complaints.html
- 11.2 Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted traders in the first instance on 0117 981 2929.
12 GOVERNING LAW
- 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