Definitions

 

In this document the following words shall have the following meanings:

  • "Buyer" means the person who buys Goods from the Seller;

  • "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

  • "Goods" means the articles that the Buyer agrees to buy from the Seller;

  • "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

  • "Seller" means On The Fence (York) LTD;

  • "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.

General

 

  • 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.

  • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant 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.

  • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.

  • Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.

  • Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.

Price and Payment

  •  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 (as applicable) at the date of order or as agreed between the parties. The price is exclusive of VAT and exclusive of any delivery charges. NOTE: All prices shown on our website are inclusive of VAT (20%).

  • Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.

Delivery

  • Delivery of the Goods shall be made by the Seller 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 at the time the order is placed.

  • All Goods, wherever possible, will be delivered within 7-14 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.

  • The Seller shall use its reasonable endeavours 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.

  • 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 (7-14 working days), the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.

  • Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.

  • Any timescales quoted are estimates and may be extended during busy periods. Our sales staff will advise the current lead time when responding to your order/enquiry.

Warranty

 

  • The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

  • All of our products carry a 12 month warranty against all parts and workmanship. This 12 month period commences on the delivery date. Due to circumstances beyond our control relating to the correct care of exterior timber, strong winds etc. after this 12 month period claims against faults with our products or workmanship will not be accepted.