TERMS OF TRADING
There are delivery charge surcharges on items over 1.6.mts (63 inches) long which you will be contacted about for additional payment.
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All parties contracting with WILFIRS shall be bound by the following terms and no variation shall have effect unless the same be expressly accepted by both parties in writing.
2. STARTING DATE:
Every effort will be made to commence work within the time specified but work will only proceed when the signed order form, Terms of Contract and the deposit specified have been received by our Company. Any starting date given may have to be altered due to continuation of previous contracts, weather, illness or other unknown factors.
Invoice's submitted by our Company shall become payable on the appropriate date specified on the order form.
4. NON-PAYMENT OF INVOICES:
If any invoice (whether for a stage payment or the final payment) is not paid by the due date our Company shall be entitled at any time and from time to time:
(a) to cease work permanently or temporarily
(b) to recover items supplied by them, or by other persons on their instructions, for the cost of which they are at the same point responsible (whether or not the items have been fixed in position).
(c) to charge interest at .01% over our Company's base bank rate per day for each day the account remains unpaid.
(d) to recover in full all interest and expenses incurred if any amount outstanding is collected by Agents acting on our behalf.
None of our Company's rights under this contract shall be affected by any delay by our Company in exercising its rights, nor by any extension of time for payment permitted by our Company.
No property in any item appertaining to this contract shall pass to the purchaser until full payment of the contract price and for all extras has been made (whether or not the item has been fixed in position).
Notwithstanding any agreed terms for payment, until final payment is made, all equipment and materials installed or to be used on the contract shall remain our property and in our possession and control. The client shall not remove, operate or deal in any way with our equipment, materials and plant (whether our own or hired) while on the site and we reserve the right to remove such items at any time should we think fit. The company will not be held responsible to reinstate the site or any fixtures previously installed on the site, where materials are removed for any reason, to its original condition.
6. ADDITIONAL WORK/VARIATIONS:
Where additional requirements or alterations requested by the client are carried out in the client's interest during the course of the main contract, any delays incurred by the introduction of such work shall entitle our Company at the time when continuation of the main contract is prevented, to invoice the client for 75% of the appropriate amount specified on the main contract order form and receive payment for the total amount invoiced within seven days of the date of invoice. The balance outstanding on the main contract together with the cost of additional work, upon completion of such work, shall
become payable in accordance with our Terms of Contract. Where alterations are requested by the client after any work has been completed, the client will be required to pay for the original work plus any labour cost and/or materials made necessary by the alteration.
7. PLANS AND SPECIFICATION:
Plans, drawings, specifications and samples submitted are our property and for use between ourselves and the client on the contract in hand only and must be returned on request if the contract is not accepted. If a client wishes to purchase a plan, a charge will be made for a standard design, otherwise a charge commensurate with the work involved will be made. Under no circumstances may our plans and specifications be used or copied in connection with any work or installation which is undertaken by an individual or contractor other than by ourselves, without our explicit permission or at a fee.
The Company shall not be held responsible for minor departures from the contract, specification or drawings made necessary by site conditions or unforeseen circumstances. The Company shall not be liable for minor variations in the dimensions, shape, alignment or setting out of its products which have no material effect upon the purpose or nature of the work for which they are used. It is the customer???s responsibility to obtain all relevant permissions and licenses and inform the local authority if required.
8. ACCESS AND STORAGE:
The customer shall at all times afford to us, our employees, sub-contractors and other persons properly authorised by us, all reasonable and necessary access and storage space, with vehicles and on foot. It is the customer???s responsibility to ensure all parties that adjoin the work or are affected by the work are notified prior to us arriving on site and grant us access to their land. The quotation assumes that adequate water and electric supply shall be provided by the customer to the site if required. Until the contract has been completed and final payment made, the possession of the site shall not be withdrawn from us. While the contract is in progress, every effort will be made to restrict to the minimum the working area necessary for completion of the contract. Upon completion, this area will be left in a tidy condition and free of surplus materials.
9. GUARANTEE OF WORKMANSHIP & MATERIALS
(a) If, within twelve months after completion of the contract, any materials or workmanship are found to be defective, the client shall notify us in writing and we undertake to examine and rectify without charge any faults created by defective workmanship or goods of our company's manufacture. In the case of materials sold by us, but not of our manufacture, then the client is entitled to the benefit of any guarantee which has been given by the supplier of the material to us.
(b) Guarantee Claims: - No guarantee claim will be considered valid unless the same has been confirmed to us by the client in writing within fourteen days of any defect first appearing.
(c) Our Company shall not be liable for any remedial work unless full payment of the contract price and for all extras has been made to our Company or the money placed on deposit in joint names with our Company or our Company's Solicitors. (d) Our Company shall not be liable for any consequential loss.
10. DELIVERY, NONE DELIVERY & CONTINUITY:
In an industry so critically affected by weather, we do not undertake to maintain workmen on site throughout the contract period; neither do we deem it necessary, in respect of this information, to advise clients when these delays occur. We accept no liability for losses due to none or delayed delivery.
11. EXCAVATION AND OTHER UNKNOWN FACTORS ABOVE OR BELOW GROUND:
This price is based on normal soil conditions or building practices and does not include factors geological, man-made or pertaining to water which adversely affect normal construction and in particular factors unforeseen or otherwise, where rock, hidden obstacles, unstable sub- soil, springs or sub-surface water are encountered and other factors unknown to us and we shall be entitled to fair and reasonable increase in our price for any extra work involved.
In the event of cables, pipes, PLANTS, BUSHES, TREES and unforeseen hidden obstacles that might be required to be diverted, removed or might become damaged during construction, the cost of removal, diversion and repairs shall be charged to the client at fair price based on the cost of such work.
12. RETURNS REFUND AND CANCELLATION We pride ourselves in offering quality fencing products. If you are not happy with any of our goods, please return them within 7 days of receipt in the same condition as they were received, with no evidence of the product being used, erected or assembled in the original or simalar packaging and we will refund the monies paid within 10 working days of receipt of the goods. Unfortunately we cannot refund the cost of the return carriage. Goods returned that were supplied correctly and are not faulty will be subject to a 20% restocking charge.
Timber is a natural product & when exposed to nature may shrink, swell, split & distort especially during weather extremes. This is a natural process and will not affect its structural properties. We cannot accept any claims for returns in regard to these natural processes.
13. RE-DELIVERY It is your responsabilty to give a delivery address that will accept the delivery in the time window quoted all redeliveries are chargable and will be charged to your original payment method.
14. CANCELLATION Should you wish to cancel you order please contact us and we will arrange a full refund, this does not apply to any item made to order, ordered in specially for you or already dispatched.
I have read the above document and agree to abide by the conditions stated therein.