1. DEFINITIONS In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller.
1.2 "Goods" means the articles that the Buyer agrees to buy from the Seller.
1.3"List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time.
1.4 "Seller" means David Musson Fencing Ltd. of Six Hills Road, Wartnaby, Leicestershire, LE14 3JQ.
1.5"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant and in agreement to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery or collection of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.6 Phone calls may be recorded for training purposes.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price / on the Seller's website / as contained in the Seller's quotation at the date of order or as agreed between the parties. All prices quoted are exclusive of VAT (excluding the Seller's website which has the option to display prices inclusive or exclusive of VAT) and will be subject to any applicable delivery charges.
3.2 Payment of the total purchase price (including VAT and any applicable delivery charge) must be made in full before the Goods are dispatched.
3.3 Quotations are not valid for any duration of time and are subject to price change. The seller reserves the right to change this without notice and the seller reserves the right to alter the prices without notice.
4.1 Delivery of the Goods shall be made by the Seller either notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer.
4.2 All Goods, wherever possible, will be delivered within 10 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Special order items that are not in stock the Seller will advise the Buyer on an estimated delivery time
4.3 The Seller shall use reasonable endeavour to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages, or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2
the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to either cancel the order and receive a full refund or agree to a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 Delivery is to hardstanding kerbside only or as close as the driver can safely drive his/her vehicle. The buyer is responsible for taking goods anywhere beyond kerbside. Delivery of goods beyond kerbside is entirely at the driver’s discretion and subject to clause 4.7.
4.7 The Seller will not be held liable for any cost for any damage caused by delivery vehicles to private roads or driveways, or any services or pipework running under or next to such roads or driveways, or to any other structures or any consequential loss, should the Buyer request the driver to drive his/her vehicle on to said roads or driveways beyond the kerbside of the public highway. To summarize – The delivery driver obviously cannot see, and has no way of knowing, the sub-structure of the private driveway, road, or entrance, he has been asked to drive on by the buyer. Therefore, it is entirely the buyers responsibility to ensure the private driveway, road or entrance is fit for purpose to carry the weight and size of the delivery vehicle, and the buyer accepts all liability for any damage to said driveway, road or entrance, and any other structure running underneath, above or to the side, should the above prove not fit for purpose. Furthermore, should the seller’s delivery vehicle become stuck or is damaged because the private driveway, road, or entrance proves to be not fit for purpose as described above, the buyer will be liable to the seller for any recovery and /or repair costs to the sellers delivery vehicle.
4.8 Any claimed discrepancy in quantities or sizes must be reported by the Buyer to the Seller within 24 hours of delivery/collection in order for any claim to be considered by the Seller.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
Please be aware that timber is a natural material. It may move, twist, split, and change colour as it ages and according to the weather conditions. This is not a fault with the timber. All timber purchased from David Musson Fencing Ltd by the buyer is done so with the understanding and acceptance of this statement and no claim will be entertained under such circumstances as described.
6. CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any part of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to either replacement Goods or a full refund (including delivery costs, if applicable) if the Goods are in fact defective. No goods shall be refunded until the goods are back in the possession of the Seller and the seller is satisfied the goods are in fact defective as described and the defect is not the fault of the Buyer.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package or invoice.
6.4 Where returned Goods are found to be damaged due to the Buyer's fault or negligence the Buyer will be liable for the cost of remedying such damage.
6.5 Where Goods are purchased via the internet, by mail order or by phone/fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding any delivery charges) within 30 days of cancellation so long as the goods returned are in the same condition as when they left the Seller.
6.6 Any goods returned in person by the Buyer must be within 30 days of order and must be undamaged and in the original packaging if applicable. The Buyer must produce the original receipt or proof of purchase in order to be refunded. This excludes special order items that cannot be returned for refund unless defective through no fault of the Buyer.
No guarantee of longevity, or against cracking or movement of timber, or against any staining or rot of timber however caused, is implied, or given on any timbers unless specified in writing at the point of order. This does not affect the Buyers statutory rights.
8. LIMITATION OF LIABILITY
8.1 The Seller shall not be liable for any direct or indirect loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any English court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. ERRORS & OMMISIONS
Every care is taken to make sure the content and information on this site is factual and up to date. We, however, can accept no liability for any errors or omissions or the accuracy or completeness of this site, or any of its content. The purpose of this site is for general information only and should not be interpreted as financial or professional advice. Therefore, we will not be held liable for any damage or loss arising from accessing this site or the use of information to be found on its pages. By accessing this website, you agree that we will not be held liable for any loss or damage arising from the use of the information found here. Any links on this site are for your convenience only and should not be interpreted as endorsements or recommendations by us. We cannot accept responsibility or be held liable for any loss or damage arising from visiting any third-party site that is linked or hyperlinked from this one.
12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.