1. "The Company" means Tarmec and Croft Fencing and Gates Ltd, registered in England & Wales, with company number 7057590, registered office, Unit 6, Riverside Business Park, Station Road, Earls Colne, Colchester. Essex. CO6 2ER
2. "The Buyer" means the customer, person, business or company to whom goods are supplied subject to these conditions.
3. "The Goods" means any goods, materials & accessories supplied by the Company to the buyer subject to these conditions.
4. "The Contract" means any agreement for the purchase of Goods by the Buyer.
2. Existence of Contract
1. Any written quotation issued by the Company shall constitute an invitation to treat. No binding contract shall be created by the placing of an order by the Buyer until acceptance by the Company has been confirmed or the Buyer collects the Goods or the Company has delivered the Goods to the Buyer. These conditions shall apply to all Contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods according to these conditions. Collection or acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions.
2. Special order items may be subject to special conditions of sale, which will be agreed at time of quote or ordering.
3. Particulars contained in any advertising, website, catalogues or other publications supplied by the Company are only for the general guidance of the Buyer (including any references to weights, dimensions or performance) , nor shall any verbal representation by any employee or agent of the Company form part of the Contract. Nor shall they be treated as constituting a representation on the part of the Company.
4. The Buyer is responsible for the timely provision of any applicable accurate drawings or specifications required by the Company to enable it to fulfil the Contract.
3. Amendments and cancellation
1. No amendments to these conditions shall be binding on the Company unless accepted in writing by a Director of the Company.
2. The Contract may not be cancelled or varied by the Buyer except with the written consent of the Company.
1. All prices are liable to change without notice. Prices used will be those ruling on the date ordered, unless otherwise agreed in writing. The prices are exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice.
2. The Company shall have the option of supplying Goods ordered in imperial measurements with the nearest equivalent metric measurement and the Goods priced accordingly.
5. Settlement terms
1. Unless otherwise agreed in writing by the Company all non account orders for Goods must be paid in full when collected or delivered. Payment by personal or company cheques must be cleared through the UK bank clearing system prior to collection or delivery of the Goods unless otherwise agreed at time of ordering.
2. The Buyer shall not be entitled by reason of any dispute relating to the Goods or any claim made by the Buyer under this or any other Contract to withhold payment of any amount which is due to the Company.
3. If the Buyer fails to pay the money for any Goods on the due date or fails to pay any sum due to the Company under any contract on the due date all sums outstanding between the Buyer and the Company shall become immediately payable and the Company shall be entitled to do any one or more of the following (without prejudice to any other right or remedy the Company may have) :- 1. Require payment in cleared funds in advance of any further collections or deliveries. 2. Cancel or suspend any further collections or deliveries to the Buyer under any contract without liability to the Company. 3. Without prejudice to the generality of clause 7 of these terms exercise any of the Company's rights pursuant to that clause.
4. If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of HSBC Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
6. Terms of supply and delivery
1. Times and dates quoted by the Company for supply of Goods and/or delivery are intended as estimates only and time is not of the essence of the contract.
2. The Company shall not be liable in any way for any direct or indirect loss, damage or expenses (including but not limited to loss of profits and liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in supply or delivery of Goods.
3. The Company reserves the right to supply Goods by instalments and to tender a separate invoice in respect of each instalment. Where the Goods are supplied by instalments the Contract shall become severable and each instalment shall be deemed to be the subject of a separate Contract. No default or failure by the Company in respect of any one or more instalments shall entitle the Buyer to treat the Contract as repudiated or to damages.
4. The Company will, at its sole discretion, apply a delivery surcharge as notified from time to time.
5. Delivery addresses are to be within the Company's published delivery area. (Delivery to other areas by special arrangement only).
6. Deliveries will be to the Buyers premises or to an address agreed at time of ordering or as indicated in the Buyers purchase order. The Buyer will notify the Company of any access limitations at time of ordering.
7. Date & Time of deliveries will be solely at the convenience of the Company. They will be to the front or roadside of the property, accessible by good hard road and will be off loaded adjacent to the vehicle near side. Goods cannot be moved over distance. The Buyer must provide the necessary labour for unloading the Goods and unloading is to be carried out within a reasonable time. If the delivery vehicle is not unloaded within a reasonable time or returns without unloading or additional staff have to be provided then an additional charge may be made.
8. If the Goods are to be delivered the Buyer is responsible for compliance with all regulations and for taking all the necessary steps to ensure protection and safety of persons and property.
9. If Goods are collected from the Company then the Buyer is solely responsible for the weight, size, positioning and restraint of the load on the vehicle.
7. Property and Risk
1. Risk of loss of or damage to the Goods shall pass to Buyer on collection or delivery.
2. Property and ownership in the Goods shall, not withstanding collection or delivery of the Goods by/to the Buyer, not pass from the Company until the Buyer shall have paid the Company in full pursuant to clause 5.
3. The Company shall be entitled at any time to recover any or all of the Goods in the Buyers possession to which the Company has title and for that purpose the Company, our employees or agents may with such transport as required enter any premises occupied by the Buyer where the Goods may be or are believed to be situated.
8. Claims for Defects, Damage or Non Delivery.
1. The Buyer shall inspect the Goods on collection or delivery and shall within 48 hours following delivery notify the Company of any alleged defect, shortage in quantity or failure to comply with description or sample. The Buyer shall give the Company an opportunity to inspect such Goods at the Company’s premises, the Buyer’s premises or delivery site within a reasonable time following collection or delivery and before any use is made of the goods.
2. If the buyer shall fail to comply with the foregoing, the Goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods. If the Buyer establishes to the Company's reasonable satisfaction that the Goods are not in accordance with the Contract or are defective, the Buyers sole remedy in respect thereof shall be limited, as the Company may elect, to making good any shortage, to repairing or replacing such Goods or refunding all, or part of the Contract price against return of the Goods.
3. The Companies liability to the Buyer whether for any breach of the Contract or otherwise shall not in any event exceed the Contract price and the Company shall be under no liability for any consequential or indirect loss suffered (including but not limited to loss of profits) or liability to third parties incurred by the Buyer.
4. Subject to the provisions of this Condition 8 all warranties and conditions whether implied by statute or otherwise are hereby excluded PROVIDED THAT nothing herein shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of a Buyer dealing as consumer. (As defined in section 12 of the Unfair Contract Terms Act 1977)
9. Force Majeure
1. The Company shall not be liable for failure to deliver the Goods for any reason whatsoever outside the reasonable control of the Company including, without limitation to the generality of the foregoing, industrial action, war, storm, fire, explosion, flood, governmental actions or regulation, act of god, riots, strikes, lock-outs, or non availability of stocks or materials. Any failure of this type shall not affect the obligation to pay for Goods already delivered.
10. Compliance with statute
1. The Buyer is responsible for ensuring that the use of the Goods complies with all and any relevant statutes, statutory instruments and regulations having the force of law and any relevant British Standard and shall fully indemnify the Company against all costs, claims, expenses, and liabilities suffered or incurred by the Company as a result of any non-compliance by the Buyer.
1. Any provision or term used in these Conditions which is or maybe void or unenforceable shall to the extent of such invalidity or unenforceability be deemed as severable and shall not affect any other provision.
1. No waiver or forbearance by the Company, whether express or implied, in enforcing any of its rights hereunder shall prejudice its right to do so in the future.
1. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this condition to the party giving the notice.
1. The Buyer may not assign, subcontract or in any way dispose of its right or obligations under the Contract without the prior written consent of the Company.
1. All aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
1. Our range of products is constantly being improved and we reserve the right to amend our product specifications without notice.
2. Timber is a natural product and as such can absorb or release moisture under certain conditions, this movement is unavoidable. These natural processes are generally not detrimental, to the structural integrity of the product. This can include checks, shrinkage,splits or shakes, particularly on larger sections such as posts this does not affect the performance or life of the product.
3. During prolonged hot weather feather edge boards may become distorted and knots may fall out, This is not a defect and does not affect the stability of the panels/fence. These unavoidable changes may appear as soon as the timber is exposed to the elements or may take sometime.
4. The company cannot accept any responsibility for goods treated with any products after manufacture and delivery other than those supplied by us and applied in accordance with instructions.
1. Goods returned for credit are subject to the following conditions.
18. Made to Measure Gates
Tarmec & Croft Fencing and Gates Ltd, Unit 6, Riverside Business Park, Station Road, Earls Colne, Colchester, Essex. CO6 2ER.