1. Definitions and interpretation
1.1In these Terms and Conditions, “we”, “us” and “our” mean City Fencing Contractors Limited. “Customer”, “you” and “your” mean the purchaser, account applicant, contractor, site representative or other party ordering Goods from us. “Goods” means concrete products, precast concrete items, fencing products, posts, gravel boards, panels, kerbs, blocks, ancillary materials and any related haulage, delivery, unloading, waiting time, return, cancellation, storage, handling or other supplementary charges supplied by us.
1.2These Terms and Conditions apply to all quotations, orders, sales, deliveries and supplies unless varied in writing by an authorised representative of City Fencing Contractors Limited.
2. Basis of contract
2.1Any quotation is an invitation to place an order and does not constitute an offer capable of acceptance. An order is accepted only when we confirm acceptance or begin performance, including reserving stock, picking, loading, dispatching or delivering the Goods.
2.2Any terms included on a customer purchase order, email, site instruction or other document shall not apply unless expressly accepted by us in writing.
3. First orders and payment before delivery
3.1All first orders are supplied on a payment-before-delivery basis. We will not load, dispatch or deliver the Goods until payment has been received in cleared funds.
3.2Completion of an account application form does not mean that a credit account has been opened. Any credit account is subject to satisfactory checks, approval and our written confirmation.
3.3Until a credit account is approved in writing, all orders are pro-forma and must be paid in full before delivery.
4. Credit accounts and overdue payment
4.1Where credit facilities are approved, the agreed credit limit and payment terms will be confirmed in writing. We may withdraw, suspend or vary credit facilities at any time.
4.2If any payment is overdue, we may suspend further deliveries, cancel outstanding orders, require payment in advance, recover all sums due and charge interest, compensation and recovery costs to the extent permitted by law.
5. Prices, VAT and supplementary charges
5.1Prices are exclusive of VAT unless stated otherwise. VAT and any other taxes, duties or levies are payable in addition at the applicable rate.
5.2Quotations are valid only for the period stated. Where no period is stated, prices may be withdrawn or amended at any time before order acceptance.
5.3Supplementary charges may apply, including but not limited to part-load charges, waiting time, cancelled orders, returned Goods, out-of-hours delivery, failed delivery, re-delivery, additional mileage, storage, handling and disposal.
6. Customer responsibility for order details
6.1The Customer is responsible for confirming the correct product type, dimensions, specification, quantity, delivery address, delivery time, unloading arrangements, site restrictions and any access requirements.
6.2Any advice or estimate provided by us is based on information supplied by the Customer and does not remove the Customer’s responsibility to verify that the Goods are suitable for the intended use, location and installation method.
7. Orders, amendments and cancellations
7.1Orders, amendments and cancellations must be communicated clearly and accepted by us. We may require written confirmation for changes to product type, quantity, delivery time, site address or unloading requirements.
7.2If an order is cancelled, postponed, refused or cannot be accepted after stock has been reserved, picked, loaded or dispatched, the Customer shall pay all costs incurred, including haulage, waiting time, return transport, storage, handling, re-delivery and administrative costs.
8. Delivery times
8.1Delivery times are estimates given in good faith. Time for delivery is not of the essence unless expressly agreed in writing by us.
8.2We shall not be liable for site standing time, labour costs, plant costs, loss of programme, loss of profit or consequential loss arising from late delivery, traffic, weather, vehicle breakdown, supplier interruption, safety issues or other circumstances outside our reasonable control.
9. Site access and safety
9.1The Customer must provide safe, lawful and suitable access to the delivery point, including adequate ground conditions, turning space, clear routes, traffic management and site supervision.
9.2Delivery will be made as close as reasonably practicable to the agreed delivery point, subject always to the driver’s assessment of safety, access and ground conditions. The driver may refuse to enter, proceed, unload or continue with delivery if they reasonably consider the site unsafe or unsuitable.
9.3The Customer is responsible for all damage caused by unsuitable access, unsafe ground, obstruction, site conditions, instructions given to the driver, or movement of the vehicle on site at the Customer’s request.
10. Unloading and driver waiting time
10.1The Customer must be ready to receive and unload the Goods immediately on arrival. Our prices assume normal delivery and unloading without unreasonable delay. A free unloading period of 1 hour 30 minutes is allowed from the vehicle’s arrival on site unless otherwise agreed in writing.
10.2Waiting time after the free unloading period will be charged at £50.00 per hour or part thereof, plus VAT. For the avoidance of doubt, any waiting time beyond the free period, including one minute or more, will be charged as a full hour.
10.3Waiting time includes delays caused by site access restrictions, lack of labour, lack of unloading equipment, forklift delays, crane delays, telehandler delays, site not ready, obstruction, paperwork, payment issues, safety checks, queueing, incomplete preparation, or any other matter outside our control.
10.4The Customer shall also pay any additional costs arising from excessive waiting, including but not limited to return transport, re-delivery, storage, handling, disruption and loss of vehicle availability.
11. Unloading responsibility and handling
11.1Unless expressly agreed in writing, we supply and deliver the Goods only. The Customer is responsible for providing suitable labour, plant, forklift, crane, telehandler or other equipment required to unload the Goods safely and promptly.
11.2Our driver is not responsible for unloading, placing, installing, moving, fixing or handling the Goods beyond the delivery service agreed in writing.
11.3The Customer is responsible for ensuring that any lifting equipment, unloading area and personnel are suitable for the weight, size and nature of the Goods.
12. Quantity, part loads and product tolerance
12.1The Customer is responsible for ordering the correct quantity. The Customer shall pay for the quantity ordered or supplied, together with any minimum load, part-load, returned-Goods or re-delivery charge that applies.
12.2Concrete products and precast items may be subject to reasonable manufacturing, dimensional, colour, texture and finish tolerances. Minor variations in shade, surface finish, aggregate exposure, efflorescence or appearance shall not constitute a defect where they are within normal manufacturing tolerances.
12.3We are not responsible for shortages, surplus, unsuitable product selection or installation issues caused by inaccurate measurements, incorrect site information or ordering errors.
13. Acceptance, delivery tickets and notification of issues
13.1Signature of the delivery ticket, electronic proof of delivery, acceptance of the vehicle on site, or acceptance of the Goods is evidence that the Goods have been received.
13.2Any issue with product type, quantity, visible condition, delivery ticket information or obvious defect must be raised before or during unloading and confirmed in writing immediately. We must be given a reasonable opportunity to inspect and investigate before the Goods are installed, fixed, altered, moved from the delivery location or incorporated into any works.
13.3Claims for damage or shortage may be rejected where the Goods have been unloaded, moved, installed or used without the issue being raised at the time of delivery.
14. Risk and ownership
14.1Risk in the Goods passes to the Customer on delivery, unloading or collection, whichever occurs first.
14.2Ownership of the Goods remains with us until we have received payment in full for the Goods and all other sums due from the Customer. Until ownership passes, the Customer shall hold the Goods as our fiduciary agent and bailee so far as legally and practically possible.
15. Storage, installation and use after delivery
15.1After delivery, the Customer is responsible for safe storage, protection, handling, installation and use of the Goods.
15.2We are not liable for damage, failure, staining, breakage, movement, misuse or deterioration caused by incorrect unloading, storage, handling, cutting, installation, fixing, ground conditions, impact, weather exposure, contamination or any matter after delivery outside our control.
16. Liability
16.1Nothing in these Terms and Conditions limits or excludes liability where it would be unlawful to do so.
16.2Subject to the above, we shall not be liable for indirect or consequential loss, loss of profit, loss of business, loss of programme, site standing time, plant costs, labour costs, remedial costs incurred without our prior written agreement, or losses arising from the Customer’s incorrect specification, ordering error, site delay, installation issue or misuse of the Goods.
16.3Our total liability for any claim shall not exceed the price paid for the Goods giving rise to the claim, except where a higher limit is required by law.
17. Force majeure and events outside our control
17.1We shall not be liable for delay or failure to perform caused by events outside our reasonable control, including severe weather, traffic disruption, accident, breakdown, strike, shortage of materials, supplier failure, power failure, regulatory restriction, emergency, unsafe site conditions or other operational disruption.
18. Data and account information
18.1The Customer confirms that all account, billing, delivery and contact information provided to us is accurate and complete. The Customer must notify us promptly of any changes.
18.2We may use customer and site information for order processing, credit control, delivery, compliance, record keeping and account administration.
19. Governing law and jurisdiction
19.1These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by the laws of England and Wales. The courts of England and Wales shall have jurisdiction unless otherwise agreed in writing.
20. Entire Agreement
20.1These Conditions, together with the Company’s order acknowledgement where one has been issued, constitute the entire agreement between the Company and the Customer in relation to the Goods. They replace and supersede all previous agreements, discussions, arrangements, promises, representations, proposals or understandings between the parties, whether written or verbal.
20.2By accepting these Conditions, the Customer confirms that it has not relied on any statement, representation, assurance or promise other than those expressly set out in these Conditions or in the Company’s order acknowledgement.
20.3The Customer agrees that it shall have no claim or remedy in respect of any statement, representation, assurance or promise that is not expressly included in these Conditions or the Company’s order acknowledgement, except where such exclusion would be unlawful.