Terms & Conditions

Commercial Fencing Solutions Limited T/A CFS

STANDARD TERMS AND CONDITIONS OF TRADING

1. Due to the volatile prices of steel and the availability of some construction materials, prices are current day only. Please check prices before ordering. 

2. Prices are net unless specified within the Quotation.

3. Availability to be advised once written order and approval of any layout and/or fabrication drawings that may be required, have been received.

4. Where our quotation has been accepted and you wish us to proceed, prior to any works commencing on site, our Buried Service Avoidance sheet must be completed, signed and returned to us. In addition to this being a requirement of our liabilities insurance, this is essential to reduce the risk of injury and unnecessary disruption and is not an effort to transfer liability to a third party. This sheet will be provided with the job specific Method Statement. Any service plans/drawings which can be provided, should be supplied with the completed form. 

5. Programme of works to be established in the Pre-Contract Meeting.

6. Rates and prices do not include for hard digging unless specified.

7. Payment terms are 25% on placing order, 25% prior to delivery and 50% on completion of works unless specified in the quotation.

8. Should extra works become necessary for which no rates have been agreed hourly charges for a gang of 2 fencers are £95 per hour. All plant and materials are charged at cost plus 15%.

9. Price is based on the understanding that the Principal/Main Contractor will provide welfare facilities in accordance with Schedule 2 of the Construction (Design & Management) Regulations 2015 throughout our employees’ attendance on site.

10. No design or lifting plans are included in this quote.

11. Our rates are based on delivery of all materials in one load to site. Any split loads, storage in our yard etc will all incur additional charges. Cost to be agreed on a project-by-project basis.

12. If payment is not received on the due date, then the company will add interest at the current Barclays Bank unauthorised borrowing rate plus 3%

13. To sit in induction meetings longer than…

14. Should we be delayed, be unable to complete works, or be asked to return at a later date due to onsite circumstances beyond our control, then we reserve the right to make a return visit charge of £450.00 for each occurrence.

​If applicable: 

It is essential that all electric gates and barriers are covered by an ongoing maintenance programme. Maintenance contracts for manual gates and barriers are also recommended but optional – details available on request. 

15. General

1. All quotations are made and all orders are accepted subject to the following conditions. All conditions of the Customer or other terms, conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the company in writing.

2. Quotations shall only be available for acceptance as indicated on the quotation and may be withdrawn by the Company within such period at any time by written or oral notice.

16. Delivery

Time for delivery is given as accurately as possible but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.

​17. Cancellation

Cancellation will only be agreed by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.

​18. Prices

1. All prices are, unless otherwise stated, quoted net ex works exclusive of VAT and are subject to fluctuation in the event of any increase in the cost of labour due to local or national awards or increases in the cost of materials and overheads. Any increase in such costs during the period of production will be added to the quoted price.

2. In the event of any alteration being required by the Customer in design or specification the Company shall be entitled to make an adjustment to the contract price corresponding to such alteration.

19. Terms of Payment

Unless otherwise agreed by the Company in writing, the terms of payment shall be net cash monthly account due and payable on the last day of the month, following the month in which the Goods were dispatched or would have been dispatched save for postponement otherwise than due to default on the part of the Company. Time for payment shall be of essence of the contract. The Company shall be entitled to submit its invoice based on works in progress on a monthly basis or on delivery of materials on site. All Goods manufactured or purchased for the execution of each contract shall be paid for by the Customer after delivery to the site, even if rendered surplus to requirements by reason of alterations in layout or reduction in extent of fencing after order has been placed. The Customer shall be responsible for prevention of loss or damage to all materials properly delivered to the site and for the cost of replacing any damaged or lost articles.

20. Dimensions

The Company reserves the right to alter or change dimensions of the goods supplied within reasonable limits having regard to the nature of the goods. All weights and dimensions quoted are subject to the normal commercial tolerances.

​21. Customers Drawings

1. The Customer shall be solely responsible for ensuring that all drawings, information, advice and recommendations given to the Company either directly or indirectly by the Customer or by the Customers agents, servants, consultants or advisers are accurate, correct and suitable. Examination or consideration by the Company of such drawings, information, advice or recommendations shall in no way limit the Customer’s responsibility hereunder unless the Company specifically agrees in writing to accept responsibility.

2. The Customer shall indemnify the Company from and against all actions, claims, costs and proceedings which arise due to the manufacture of goods to the drawings and/or specifications of the Customer where such drawings and specifications are at fault or where it is alleged that they involve an infringement of a Patent Registered Copyright or Design Copyright or other exclusive right.

22. Insolvency

If the Customer shall become bankrupt or insolvent or compound with creditors or in the event of a resolution being passed or proceedings commenced for the liquidation of the Customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking or if the Customer (being an individual) shall die or if the Customer shall be in default of his obligations under this contract, then the Company shall be entitled to cancel this contract and any other contract between the 

Customer and the Company in force at the date hereof in whole or in part by notice in writing (without prejudice to any right or remedy accrued or accruing to the Company).

​23. Force Majeure

Without prejudice to Condition 2, the Company shall not be under any liability for any delay, loss or damage caused wholly or in part by act of God, governmental restriction, condition or control, any laws, rules or regulations of the country of origin and the Goods, non-arrival of imported Goods, inability to obtain transport or loading facilities or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act, matter or thing beyond its reasonable control including failure by the other party to carry out the provisions of these Conditions.

​24. Data and Technical Information

Any illustrations, performance, details, examples of installations and methods of assembly and any other technical data issued by the Company is provided for General guidance only and forms no part of the contract unless expressly agreed in writing.

25. Risk and Title

1. Risk shall pass to the Customer so that the Customer is responsible for all loss, damage or deterioration to the Goods:

a. if the Company delivers the Goods by its own transport at the time when the Goods or a relevant part thereof arrive at the place of delivery or

b. in all other circumstances at the time when the Goods or a consignment or other part thereof leave the premises of the Company whether or not the Company arranges transport and where the Goods are delivered by carrier any claims for loss or damage in transit must be made by the Customer against the carrier in accordance with the carrier’s conditions.

2. Title in the Goods or any part thereof shall pass to the Customer when payment in full therefore has been made or when the Company serves written notice upon the Customer specifying that title in the Goods or such part thereof has passed whichever shall be the earlier in time and the Customer shall permit the servants or agents of the Company to enter on to the Customers premises and to repossess the Goods at any time prior to passing of title and in the event of the Goods being at the premises of a third party by the direction of the Customer then the Customer shall if so required by the Company in writing remove the Goods from such premises and return them to the Company forthwith.

26. Liability

Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the Goods and such failure results in death or personal injury, the Company shall not be liable in respect of claims arising by reason of death or personal injury. Further, under no circumstances whatsoever shall the Company be liable for 

consequential loss (including removal or rectification work required in connection with installation of repaired or substitute Goods) loss or profits or other indirect losses or for damage to property.

27. Confidential Information

All drawings, documents and other information supplied by the Company are supplied on the express understanding that copyright is reserved to the Company and that the Customer will not without the written consent of the Company either give away, loan, exhibit or sell any such drawing or extracts therefrom or copies thereof, or use them in any way except in connection with the Goods in respect of which they are issued.

28. Fence lines shall be free of obstruction and clearly pegged out before erection commences. All ends and changes of direction, positions of openings etc, shall be shown and charges will be made to cover any wasted journeys and/or waiting time of erectors, vehicles and plant arising from failure to have the fence lines ready by the time agreed. 

29. Fencing will be erected to follow the general ground level and the rates quoted do not allow for excavation or making-up to give a true horizontal top line, nor for stepping the fencing unless specifically stated in our estimate.

30. Reasonable access to all parts of the fence lines is assumed. An extra will be charged should difficulty be experienced in distributing materials and plant around the site.

31. Unless otherwise stated in writing, our rates allow for excavation of post holes in normal soil. Excavation through rock, concrete, tarmacadam, stone, tree or other roots, in swampy ground or any other exceptional conditions will necessitate an extra charge.

32. We cannot accept liability for damage caused by our plant or employees to drains, cables, ducts or other underground services, nor for unavoidable damage to paths, walls or vegetable growth on or near the site caused during delivery or erection of fencing materials. Whilst precautions will be taken to avoid such damage, we can only undertake remedial work should the necessity arise, on the strict understanding that our charges for doing so will be met by the Customer.

33. The Quotation assumes that where retentions are held by the Customer, the period of retention shall commence on completion of the Fencing Contract, and not, where fencing forms part of a larger contract, on completion of the Main Contract.

34. Daywork where incurred or specifically instructed will be charged as shown on the Quote.

35.  Where our terms allow a discount, such discount shall only be allowed, provided the payment is made within the time stated, this time to commence from the date our invoice is rendered, otherwise the terms shall be nett.

36. Additional work cannot be undertaken until a variation order at the agreed price has been received.

37. Legal

The Contract shall be governed and interpreted exclusively according to the Law of England and shall be subject to the jurisdiction of the English Courts only.