1.1 In these conditions:
“CUSTOMER” means a person who accepts a
quotation from the company for the sale of
Goods and/or Works.
“GOODS” means that the fencing and/or
gates which the Company agree to supply in
accordance with these terms and
“COMPANY” means Northampton Security Fencing Ltd. registered in
England under Company Number 7127564
“CONDITIONS” means the Standard Terms and
Conditions of Sale set out in this document.
“CONTRACT” means the Contract for the
sale and purchase of the Goods in accordance with
“WORKS” means the installation of the
goods on the Customer’s premises.
headings in these Conditions are for convenience only and shall not
affect their interpretation.
2.0 Basis of Sale
2.1 The company shall supply and the Customer
shall purchase the Goods on the basis of the
Company’s written quotation and
specification in accordance with these conditions.
2.2 The quotation is open for acceptance by the Customers for
a period of 28 days from the date thereof unless stated
elsewhere. Prices are fixed for four weeks subject to adverse rises
beyond our control.
2.3 No variation from the written
specification may be accepted unless agreed in writing and shall
subject to the right of the company to make such further charge as
it sees fit at its discretion.
2.4 The contract shall not bind the Company
until it confirms its acceptance in writing and
acceptance by the Company of the Contract
may be conditional upon one or more of the
following conditions as it shall in its
absolute discretion determine:
2.4.1 inspection and
measurement on site by the Company’s surveyor.
2.4.2 provision by the
Customer of credit references in a form satisfactory
to the company.
2.4.3 payment by the Customer
of a deposit.
2.5 The Company reserves the right to make any
necessary modifications and additional charges
2.6 The Company reserves the right by giving
notice to the Customer at any time before delivery
to increase the price of the goods to
reflect any increase in the cost to the Company which is
due to any factor beyond the control of
the Company (such as without limitation significant
increase in costs of labour materials or
other costs of manufacture) any change in delivery
dates, quantities or specifications for
the goods which is requested by the Customer, or any
caused by failure of the Customer to give the Company adequate
information of instructions.
2.7 Should extra works become necessary for which no rates
have been agreed hourly charges for a labourer are £19.50 per hour
and £23.50 per hour for a fencer. All plant and materials are
charged at cost plus 15%.
2.8 Should we be delayed, be unable to complete works, or be
asked to return at a later date due to onsite circumstances beyond
our control, then we reserve the right to make a return visit charge
of £250.00 for each occurrence.
2.9 Prices are based on all sections of the quotation being
placed as one order. Should the order be placed in stages costs may
be subject to a surcharge. Prices are based on providing the agreed
distance and shortfalls will not be deducted from the price.
Additional fencing over the agreed distance will be charged at a
pro-rata rate unless specified otherwise.
3.0 Obligations of the Company
3.1 The Company shall not be responsible for
removing any fixture or services required to be
moved in order to carry out the Works or
for damage caused to services as a result of failure
Customer to indicate the position of such services. All underground
cables, pipes and alike should be indentified by the Customer either
with a drawing or marked on site. Whilst we take due care and
diligence any unidentified services which are encountered and
damaged will be the responsibility of the Customer.
3.2 The Company shall make an additional
charge in the event that:
3.2.1 The Company is required
to carry materials to the fencing line as a result
of failure by the Customers
to provide adequate access in accordance with condition
3.2.2 the soil at the
premises contains rock, chalk or other hard substances and
additional digging is required. All quotes and prices do not include
for hard digging unless specified.
completion of the Works involves one or more additional visits to
3.3 The Company guarantees and warrants that the Goods will
comply with the description set out in the Contract and will be made
of proper materials and will be manufactured and installed with
reasonable skill and care. If within a period of six months from
the date of installation any defect shall appear which is due to
defective workmanship or the use of any defective materials the
Company will make good or replace the same free of charge provided
nothing herein contained shall impose on the company any liability
in respect of the shrinkage or movement in timber.
such defect is notified in writing to the company within 6 weeks of
the Customer first becoming aware of the same
the Customer has paid in full all amounts due to the Company.
4.1 Payment shall be made within 28 days from the date of
invoice which will be raised on completion of the works/delivery.
4.2 If the Customer fails to make payment on the date then
without prejudice to any other right
or remedy available to the Company the Company shall be
entitled to charge interest on the
unpaid at the rate of 2.5% per month until payment in full is made
(a part of the month
being treated as a full month for the purpose of
4.3 In the event of non payment by the Customer on the due
date the Company may at its
discretion discontinue all work in relation to the Contract until
payment has been made in full of all outstanding amounts.
4.4 In the event of non-completion of minor works the
Customer shall not be entitled to withhold
payment greater than 5% of the Contract price.
4.5 All prices quoted both verbally and in writing are
subject to Value Added tax at the prevailing rate. V.A.T Reg. No.
983 2168 00
4.6 The Company’s invoices shall include provision for Value
Added Tax at the prevailing rate.
The Contract is an agreement binding upon both parties when
it has been signed by the
Customer and accepted by the Company.
5.2 In the event that the Customer shall cancel the contract
the Customer shall reimburse the
Company all amounts expended by the company prior to the
date of cancellation and the
Company shall be entitled to invoice the Customer in
respect of all such amounts and all
work done prior to the date of cancellation.
6.0 Obligations of the Customer other than Payment
6.1 The Customer agrees to allow the company access to the
premises at all reasonable times
so that the Company may make a detailed site report and
complete the Works and if the
Customer shall fail to allow access within 14 days of
written notification by the company
of the delivery date the Customer shall be liable to pay
the Company all outstanding amounts
due within further 7 days from the date of written
demand by the company.
6.2 The Customer shall ensure that the fencing line is agreed
with the Company and is clear and free of obstruction at all times.
6.3 The Customer shall remove any surplus excavated material
if this cannot be spread along the
6.4 The Customer shall obtain all necessary approvals
permission and attendances, including
access to neighbours’ land and premises and pay all
costs and expenses connected therewith
enable the Company to carry out the works. The Company shall not be
liable for additional works resulting from the lack of planning
7.0 Delivery and Installation
7.1 Any dates quoted for delivery of the goods are
approximate only and the Company shall not
be liable for any delay in the delivery of the Goods.
Time for delivery shall not be of the`
essence of the Contract.
The Goods may be delivered by the Company in advance of
the quoted delivery
date upon giving reasonable notice to the Customer.
7.2 The Company will use its best endeavours to adhere to
installation dates but cannot be held
responsible for any failure to meet installation dates
as a result of unforeseen events such as
8.0 Title and Risk
8.1 Title to the Goods shall not pass until payment in full
has been made by the Customer.
8.2 The Goods shall be at the risk of the Customer
immediately following delivery to the
Customer’s premises or otherwise to his order.
9.1 Unless otherwise specified the Contract price includes
delivery by road transport to the
address notified by the Customer to the company
9.2 Carriage shall be subject to the Haulage Contractors
conditions of carriage.
9.3 If transport other than by road is specified the company
shall make an additional charge
in these conditions shall affect or restrict the statutory rights of
the Customer and
to the extent that any of these conditions are
inconsistent with such rights they shall be