This website (barclayfencing.co.uk) is owned and operated by the Hemel Fencing group and any correspondence from it will be on Hemel Fencing headed paper and any contract through it will be subject to the Hemel Fencing terms and conditions as set out below. We are NOT trading as and do NOT accept any liability for “Barclay Fencing Ltd” the company.
Terms and conditions of trading - Hemel Fencing
CLAUSE 1: In these conditions “the Company” means Hemel Fencing and “the customer” means the individual, Firm, company or other party with whom the company contracts. “supply” for these purposes includes (but is not limited to) any supply under Contract of Sale.
CLAUSE 2: No order pursuance of any quotation or otherwise shall be binding on the Company unless and until such an order is accepted by the Company. Any contract made between the Company and the Customer (here and after called “the Contract”) shall be subject to these conditions, and save as aforementioned, no representative or agent of the Company has authority to agree any terms or make any representations, inconsistent with them, or to enter into any Contract except on the basis of them. Any such term or representation will bind the Company only if in writing and signed by an authorized signatory of the Company.
CLAUSE 3: If at any time pending completion and payment in full of an order, there shall be a rise or fall in the cost of labour or in the cost of materials included within this quotation or in the cost of transport or in the cost of any service necessary for the completion of the order and any such rise or fall affects the Company’s cost of performing the order, the Company shall be entitled to make a corresponding adjustment to the quoted price.
CLAUSE 4: Unless otherwise agreed in writing by the Company, these conditions shall override any terms and conditions stipulated or referred to by the Customer in his order or pre-contract negotiations.
CLAUSE 5: Any description contained in the Company’s samples, price lists, or other addressing materials is intended merely to present a general picture of the Company’s products and services, and should be used for guidance purposes only.
CLAUSE 6: Acceptance and completion of an order at the quoted price is subject to availability of all materials, services and labour required for the execution of the order and the Company shall be under no liability to delay in the event of the non- availability of any materials, services or labour.
CLAUSE 7: If the Company is prevented or delayed directly or indirectly from performing any of its obligations under any contract to which these conditions apply by reason of Act of God, war, embargo, riot, strike, lock-out, trade dispute or for any other reasons of force majeure, the Company shall be at liberty to cancel or, at its sole discretion, suspend the order placed by the Customer without incurring any liability for any loss or damage arising therefore.
CLAUSE 8: The signature by the Customer or his agents on an order to commence works shall be deemed as evidence that the site is ready. In addition the Customer or his agents shall be responsible for altering or pointing out the risk of underground cabling or any such electrical material to the Company or its employees. Where no such warning has been given the Customer shall be fully responsible for any damage, expenses, or losses caused by such failure to warn. The following attendances and services shall in addition be provided without charge to the Company unless specifically tendered for in the tender:-
i Unloading materials and dry secure storage of materials on site. Moving of materials from site into position at the instruction position:
ii Scaffolding ladders and hoisting facilities required by virtue of any stature to statutory regulations:
iii The provision of electrical power for the execution of the contract, or sub-contract works by the Company:
iv Artificial light and ventilation as necessary:
v All appropriate planning consents and other statutory approvals and permissions.
CLAUSE 9: The Company shall be responsible for the fixing of its fencing products in ordinary normal soil. Any digging through concrete, rock, chalk, flint, gravel, roots or other hard substance, or fixing in water-logged ground or other exceptional conditions will be chargeable as an additional item of work, for which the Customer shall become liable.
CLAUSE 10: The line of fencing allowed for in the quotation to which these terms and conditions apply is on a level, straight line, and cleared and pegged out with positions of gates determined, ready for the Company’s employees or agents to install and fix the fencing in one operation. The fencing shall be erected to follow the general contour of the ground not stepped in or in acute ramps exceeding1 in 12. Any departure from these stipulations will be chargeable as an extra and the Customer will be liable for all additional costs arising
CLAUSE 11: While the Company will endeavour to deliver the goods and to perform to its obligations under the contract by any date or within any period agreed upon, such dates are estimates only, given in good faith, and the Company will not be liable for any failure to deliver by the due date or within such a period. Moreover, the Company shall be entitled to defer delivery until any monies due from the Customer have been received. Thus the time of delivery or completion shall not be of the essence, unless so sated in the quotation and signed by a responsible official of the Company. The Company shall not in any event be liable for any loss or damage indirect or any consequential loss arising from the delay in delivery.
CLAUSE 12: The terms of payment stated in the quotation shall be strictly complied with.
CLAUSE 13: If the Customer shall fail any payment when it becomes due, or shall enter into any composition or any arrangements with its creditors, or, if being an incorporated company shall have a receiver appointed, or shall pass a resolution for winding up, or a court shall make an order to that effect, or if there shall be a breach by the Customer of any of the terms and conditions thereof, the Company may treat the contract as determined, but without prejudice to its rights for the full purchase price of the goods delivered and damages for any loss suffered in consequence of such determination.
CLAUSE 14: Upon delivery by the Company of any goods or products under the terms of this agreement, the customer shall hold the goods or products solely as bailee for the Company, and the goods shall remain the property of the Company until such time as the Customer shall have paid the Company in full for goods or products received.
CLAUSE 15: Only these conditions and/or warranties and any provision of the Sale of Goods Act not inconsistent herewith shall apply to all sales by the Company.
CLAUSE 16: The proper law of all contracts with the Company shall be English law, and all disputes arising under any agreement with the Company shall be subject to the jurisdiction of the English courts.