Corsham Patios and Fencing Terms and Conditions
Agreement
1. These Terms and Conditions apply to the provision of the services by us, the Supplier, as detailed in our Quotation to you, the customer.
2. You are deemed to have accepted these Terms and Conditions when you accept our Quotation.
Interpretation
1. Service(s) means the full supply and installation of the work as set out in the Quotation.
2. Supplier means Corsham Patios and Fencing.
3. Customer means the person purchasing the service.
4. Except where the context requires otherwise, words importing to the masculine shall include the feminine; words importing to the singular shall include the plural; words importing to the singular shall include the plural; words importing to the natural personage shall be equally applicable to corporate personage, and vice versa.
Quotation
1. The Supplier shall provide to the customer a proposal for the services to be provided (the Quotation) which shall set out:
Price
1. Unless otherwise agreed in writing by the Supplier, the price of materials used for the Services supplied shall be the Supplier’s list price for the materials prevailing on the date of delivery together with any Value Added Tax or other tax thereon.
2. The Supplier may, by giving notice to the Customer at any time, increase the Price to reflect
Customer Obligations
1. The Customer shall be responsible for the correctness of all measurements for products or materials which he gives to the Supplier. Where these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Customer shall bear the expense of rectifying this. The Customer shall co-operate with the Supplier as may be necessary to facilitate this Agreement, including but not limited to:
Supplier’s Obligations
1. The Supplier shall perform all duties, services and obligations under this Agreement with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
2. The Supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer’s property as a result of the provision of the services.
Services
1. The Supplier will provide such services to the Customer as are set out in the Quotation.
2. Time frames and dates of delivery of Service are provided for guidance only and the Supplier makes no guarantee that the Services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and the Supplier shall not be liable for any loss or damage suffered by the Customer as a result of the delivery of services being delayed or postponed for any reason.
Cancellation
1. In accordance with the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013, the Customer may cancel this Agreement within 14 calendar days of agreeing to it and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable administration costs which the Supplier has incurred. Any cancellation outside this period will not entitle the Customer to a refund of any monies paid.
Payment
1. The Agreement price is set out in the Quotation, which includes details of the charges which the Supplier will make for labour, materials and parts as well as any taxes or additional costs or expenses or disbursements which the Supplier may charge to the Customer.
2. Notwithstanding the above, the Supplier may vary the Agreement price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation, either at the specific request of the Customer or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
3. The Customer agrees:
Termination
1. The Seller shall be entitled, at any time by giving written notice to the Customer and without prejudice to its other rights and remedies, to suspend any Services and/or terminate any Order and/or the Agreement forthwith if:
3. Upon termination for any reason, all amounts owing by the Customer to the Seller, whether under the Agreement or for any other reasons, shall become immediately due and payable.
Guarantee
1. The Supplier provides to the Customer, in addition to any statutory rights which the Customer may have, a guarantee that the services provided under this Agreement shall be free from defective or flawed materials or workmanship for a period of 5 years from the completion of the services, notwithstanding that, this guarantee shall not apply to:
3. Where the Customer considers that the services are defective upon delivery or performance then he shall notify the Supplier of this within 5 days, failing which he shall not be entitled to claim the benefit of this guarantee.
4. This guarantee shall not become effective until the Customer has paid the Supplier in full, failing which; the Customer shall not be entitled to claim the benefit of this guarantee.
Force Majeure
1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this Agreement which results from circumstances outside his reasonable control including but not limited to: acts of God; adverse weather conditions; industrial action; war; fire; flood; epidemic; threat of terrorism; civil disturbance or rioting; government or regulatory action; breakdown in plant or machinery or shortage of raw materials or supplies.
2. Fence panels are not guaranteed by Corsham Patios and Fencing as they are manufactured elsewhere.
Waiver
1. A waiver of any right or remedy under the Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
2. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
3. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
1. This document constitutes the entirety of the Agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
5. Nothing in these Terms and Conditions shall incur any rights on a third party and no third party may enforce any provision of this Agreement under the Agreements (Rights of Third Parties) Act.
6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this Agreement.
Please remember that wood is a natural product and is susceptible to movement and weathering as it seasons. It is not uncommon for splits to occur as the wood dries out. This is not a fault in the product but a part of using natural products.
.
Agreement
1. These Terms and Conditions apply to the provision of the services by us, the Supplier, as detailed in our Quotation to you, the customer.
2. You are deemed to have accepted these Terms and Conditions when you accept our Quotation.
Interpretation
1. Service(s) means the full supply and installation of the work as set out in the Quotation.
2. Supplier means Corsham Patios and Fencing.
3. Customer means the person purchasing the service.
4. Except where the context requires otherwise, words importing to the masculine shall include the feminine; words importing to the singular shall include the plural; words importing to the singular shall include the plural; words importing to the natural personage shall be equally applicable to corporate personage, and vice versa.
Quotation
1. The Supplier shall provide to the customer a proposal for the services to be provided (the Quotation) which shall set out:
- a. A summary of the Services which the Supplier shall undertake for the Customer.
- b. The timescale within which the Quotation is valid.
- c. The costs which the Customer shall be charged for the performance of the Services, which includes costs of materials, VAT, labour and removal of waste.
Price
1. Unless otherwise agreed in writing by the Supplier, the price of materials used for the Services supplied shall be the Supplier’s list price for the materials prevailing on the date of delivery together with any Value Added Tax or other tax thereon.
2. The Supplier may, by giving notice to the Customer at any time, increase the Price to reflect
- a. Any increase in the cost of the materials,
- b. Any request by the Customer to change the date of the Service(s) to be provided, quantity or type of materials ordered, or the specification of the materials,
- c. Any delay caused by any instruction of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instruction.
Customer Obligations
1. The Customer shall be responsible for the correctness of all measurements for products or materials which he gives to the Supplier. Where these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Customer shall bear the expense of rectifying this. The Customer shall co-operate with the Supplier as may be necessary to facilitate this Agreement, including but not limited to:
- a. Permitting the Supplier access to the property or location in which the services are to be supplied (‘the Site’) and assuring that such access is appropriate and adequate.
- b. Providing for the Supplier such facilities as may be necessary in order to allow him to complete the Services.
- c. Following the Supplier’s reasonable instructions relating to safety and the state of work which has recently been completed by the Supplier or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
- d. Unless the Quotation specifies otherwise, the Customer will be responsible for any cleaning and redecorating which is necessary to the Site after the Supplier has completed the agreed Services, with the exception of the removal of waste materials, which shall be the responsibility of the Supplier.
- e. The Customer shall be responsible for any permissions, licences or consents which are necessary in order for the services to be provided. The Customer warrants that he has applied for and obtained all such necessary permissions, licence or consents prior to contracting the Supplier.
Supplier’s Obligations
1. The Supplier shall perform all duties, services and obligations under this Agreement with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
2. The Supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Customer’s property as a result of the provision of the services.
- a. Corsham Patios and Fencing is registered as a Carrier, Broker, Dealer - Upper Tier, registration number CBDU43253, under the Environment Agency's public register of data.
Services
1. The Supplier will provide such services to the Customer as are set out in the Quotation.
2. Time frames and dates of delivery of Service are provided for guidance only and the Supplier makes no guarantee that the Services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and the Supplier shall not be liable for any loss or damage suffered by the Customer as a result of the delivery of services being delayed or postponed for any reason.
Cancellation
1. In accordance with the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013, the Customer may cancel this Agreement within 14 calendar days of agreeing to it and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable administration costs which the Supplier has incurred. Any cancellation outside this period will not entitle the Customer to a refund of any monies paid.
Payment
1. The Agreement price is set out in the Quotation, which includes details of the charges which the Supplier will make for labour, materials and parts as well as any taxes or additional costs or expenses or disbursements which the Supplier may charge to the Customer.
2. Notwithstanding the above, the Supplier may vary the Agreement price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation, either at the specific request of the Customer or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
3. The Customer agrees:
- a. Not to withhold any sums due to the Supplier.
- b. To settle all invoices raised by the Supplier within 7 days.
- c. To pay to the Supplier interest at a rate of 8 percentage points per annum above the Bank of England base rate (in accordance with the Late Payment of Commercial Debts [Interest] Act 1998 on any payments which are not settled in accordance with section 3.b. Such interest shall accrue on a daily basis from the due date until the date of the actual payment, whether before or after judgment.
- d. To pay to the Supplier such costs and expenses as he may incur in recovering payment from the Customer where the Customer fails to make payment in accordance with these terms and conditions.
- e. Failure to pay in full within the period stated in 3.b. will result in suspension of any further provision of the Services and cancellation of any future Services which have been ordered by, or otherwise arranged with you.
Termination
1. The Seller shall be entitled, at any time by giving written notice to the Customer and without prejudice to its other rights and remedies, to suspend any Services and/or terminate any Order and/or the Agreement forthwith if:
- a. The Customer fails to pay to the Seller on the due date any amount payable under the Agreement.
- b. The Customer commits a material breach of the Agreement.
- c. The Customer or any of its affiliates becomes insolvent or bankrupt or enters into liquidation or any order, decision or procedure to that effect is made, taken or commenced.
- d. The Customer or any of its affiliates makes an arrangement or composition with its creditors.
- e. The Customer or any of its affiliates has a liquidator, receiver, manager, administrator or administrative receiver or equivalent officer in any jurisdiction appointed in respect of its undertaking or any of its part thereof.
- f. Any event or proceeding is taken with respect to the Customer or any of its affiliates that has an effect equivalent or similar to any of the foregoing or the Seller believes that any of the foregoing might occur.
3. Upon termination for any reason, all amounts owing by the Customer to the Seller, whether under the Agreement or for any other reasons, shall become immediately due and payable.
Guarantee
1. The Supplier provides to the Customer, in addition to any statutory rights which the Customer may have, a guarantee that the services provided under this Agreement shall be free from defective or flawed materials or workmanship for a period of 5 years from the completion of the services, notwithstanding that, this guarantee shall not apply to:
- a. Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Customer.
- b. Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Customer.
- Any defect or flaws which may arise following the Services due to the Customer choosing products or materials not recommended by the Supplier as fit for intended use.
3. Where the Customer considers that the services are defective upon delivery or performance then he shall notify the Supplier of this within 5 days, failing which he shall not be entitled to claim the benefit of this guarantee.
4. This guarantee shall not become effective until the Customer has paid the Supplier in full, failing which; the Customer shall not be entitled to claim the benefit of this guarantee.
Force Majeure
1. Neither party shall be liable for any delay or failure in performing its obligations or duties under this Agreement which results from circumstances outside his reasonable control including but not limited to: acts of God; adverse weather conditions; industrial action; war; fire; flood; epidemic; threat of terrorism; civil disturbance or rioting; government or regulatory action; breakdown in plant or machinery or shortage of raw materials or supplies.
2. Fence panels are not guaranteed by Corsham Patios and Fencing as they are manufactured elsewhere.
Waiver
1. A waiver of any right or remedy under the Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
2. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
3. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
1. This document constitutes the entirety of the Agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
5. Nothing in these Terms and Conditions shall incur any rights on a third party and no third party may enforce any provision of this Agreement under the Agreements (Rights of Third Parties) Act.
6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this Agreement.
Please remember that wood is a natural product and is susceptible to movement and weathering as it seasons. It is not uncommon for splits to occur as the wood dries out. This is not a fault in the product but a part of using natural products.
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