Terms & conditions
Standard Conditions of sale of Dovedale Fencing Supply and Manufacture Limited ("the company")
1.1 All quotations are made and all orders are accepted subject to these conditions. In the event of any inconsistency between these conditions and the customers conditions of purchase or supply, these conditions shall prevail.
1.2 The written contract comprised by the company's quotation (incorporating these conditions); any agreed special conditions; the customer's order and the company's confirmation of order constitute the entire agreement between the company and the customer and may only be varied in writing signed (in the case of the company) by one of its directors or under the authority of a director. All previous verbal or written negotiations or representations by or on behalf either the company or the customer are superseded.
1.3 The company's representatives or agents do not have power to enter in to contracts on behalf of the Company.
1.4 Information contained in the Company's advertising literature is provided for general guidance only.
1.5 The agreement is subject to English law and to the jurisdiction of the English courts
2.1 Goods will be delivered to the location specified in the customer's order. The customer must provide, at its own expense, suitable access to the delivery point on hard standing, and its own personnel for the unloading of the vehicle(s).
2.2 Unless specifically agreed in writing, any date for delivery specified by the company is an estimate only and any failure to deliver the goods by that date shall not constitute a breach of contract or negligence, nor shall the company be liable for the consequences of delay.
2.3 If a customer fails to take delivery from the company, or if access is unsuitable, so that the consignment is returned to the company's works a charge will be made by the company for handling and storage of the goods (at the rate of 2.5% of the sale price per week) and the customer will be liable for wasted and/or additional transportation costs incurred by the company.
Risk shall pass to the customer and the customer is responsible for all loss, damage or deterioration to the goods.
3.1 If the company delivers the goods by its own transport-at the time when the goods are off-loaded at the place of delivery; or
3.2 If the company does not itself effect delivery- when the goods leave the company's premises; or
4. Retention of title
4.1 Title to the goods sold by the company does not pass to the customer until the invoice price, and any other money which is due and payable by the customer to the company at the date of this agreement has been paid in full. If the customer resells the goods before the invoice price has been paid, then the company has the right to the proceeds of sale or a part of the proceeds sufficient to discharge the invoice price of the goods which the customer agrees to hold in trust for the company.
4.2 The customer shall permit the employees or agents of the company to enter the customer's premises to repossess goods subject to this retention of title. 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 required by the company, remove the goods and return them to the company immediately
5.1 The price quoted by the company is at its ex-works current price. The Company reserves the right to revise the contract price of the goods at the date of dispatch to take account of increases in costs including (without limitation) wages, materials, transport and overheads between those prevailing at the date of the contract and those at the date of dispatch.
5.2 In the event of any alteration being requires by the customer in the design or specification the company shall be entitled to make an adjustment of the contract price corresponding to such alteration.
5.3 All prices are subject to VAT at the rate applicable at the tax point.
6.1 Unless otherwise agreed by the company in writing, the terms of payment shall be net cash due and payable not later than the end of the month following dispatch.
6.2 Each consignment shall be separately invoiced and paid for. If the customer fails to pay an invoice on the due date, the company may suspend deliveries of any other goods to the customer.
6.3 Payment is due in full delivery of the goods, or on the expiry of any agreed extended payment period. If the price is payable by installments and any amount is not paid on the due date the whole outstanding balance becomes immediately due and payable. Once the price (or any part of it) has become due and payable it is recoverable by action, notwithstanding the retention of title provision contained in these conditions.
6.4 Interest is chargeable on a day to day basis on all overdue amounts at the rate (as well as before any judgment) of 2% in excess of the base rate for the time being of Lloyds Banking Group plc.
7.1 The customer shall have no claim for shortages or defects unless:
(i) the customer inspects the goods and a written complaint specifying the shortage or defect is made to the company within 3 days of delivery of the goods ( in the case of shortages or defects) or as soon as possible after discovery of the defect ( if it was not visible at the time of delivery) ;and
(ii) the company is given the opportunity to inspect the goods and investigate any complaint before any use is made of the goods.
7.2 Notwithstanding the periods provided in 7.1 for making claims , the company will not accept responsibility for notifying carriers of, nor will it have any liability to the purchaser for, any claim for shortage or defect, or for any loss, damage, delay in transit, mis-delivery or non delivery, unless the customer puts the company in possession of relevant information in reasonable time for the company to comply with the claims procedures under the carriers current at the commencement of transit.
7.3 The customer shall not be entitled to any claim in respect of any repairs or alterations to goods undertaken by the customer without the prior specific written consent of the company or in the respect of any defect arising by reason of fair wear and tear or damage due to misuse.
8.1 Subject to the unfair contract terms act 1977, all implied terms, conditions and warranties are excluded and the company's liability in relation to any claim (whether for breach of contract or in tort) shall not, in any circumstances exceed the invoice price of the goods, nor shall the company be liable for any consequential or indirect loss or damage.
8.2 In the event of the condition of the goods being such as would (subject to these conditions) entitle the customer to claim damages or to repudiate the contract the customer shall not do so immediately but shall first ask the company to repair or supply satisfactory substitute goods. The company shall be entitled at it option to repair or take back the defective goods and to supply satisfactory substitute goods free of cost within a reasonable time. If the company does so repair the goods or supply satisfactory goods the customer shall be bound to accept such repaired or substituted goods in complete satisfaction of any claim.
9.1 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 a manager is appointed of all of any part of its assets or undertaking the company shall be entitled to cancel the contract in whole or in part by notice of writing without prejudice to any rights or remedy accrued or accruing to the company.
10. Force Majeure
The company shall be under no liability if it is prevented from carrying out any part of its agreement for any cause beyond its control.
• In the case of any suspected defect or damage, please contact us as soon as possible.
• In the case of returning goods you will be responsible for returning the goods to Dovedale Fencing Supply and Manufacture Ltd at your own cost and expected to take necessary precautions to prevent any damage in transit.
• The goods must be returned to Longford Bridge Wharf, Bedworth Road, Coventry CV6 6BP.
• Please remember that wood is a natural product and is susceptible to weathering as it seasons. It is not uncommon for damage to occur as the wood dries out. This is not a fault in the product but a part of using natural products.