01462 600 401
01462 600 401
WILD EDGE FENCING COMPANY
TERMS AND CONDITIONS OF BUSINESS
Version 1.0 | England & Wales | Please read carefully before signing
1. Definitions and Interpretation
In these Terms and Conditions the following definitions apply:
“The Company” means Wild Edge Fencing Company, its successors, and assigns.
“The Client” means the individual, firm, or corporate entity entering into a contract with the Company for the supply of goods and/or services.
“Goods” means all fencing materials, posts, panels, gates, fixings, and ancillary items supplied by the Company.
“Installation” means the erection, assembly, and fitting of Goods at the Client’s specified premises.
“Agreed Payment Date” means the date upon which full payment or a scheduled instalment becomes due as stated in the Company’s invoice or quotation.
“Contract” means the agreement between the Company and the Client for the supply of Goods and/or services, incorporating these Terms and Conditions.
2. Basis of Contract
2.1 These Terms and Conditions govern all Contracts entered into between the Company and the Client and supersede any prior representations, agreements, or understandings, whether oral or written.
2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing and signed by a duly authorised representative of the Company.
2.3 The Client’s acceptance of a quotation, payment of a deposit, or permitting the Company to commence Installation shall constitute unconditional acceptance of these Terms and Conditions in their entirety.
3. Quotations and Pricing
3.1 All quotations issued by the Company are valid for a period of thirty (30) days from the date of issue, unless otherwise stated in writing.
3.2 Prices quoted are exclusive of Value Added Tax (VAT), which will be charged at the prevailing rate where applicable and itemised separately on the Company’s invoice.
3.3 The Company reserves the right to revise quoted prices where variations in material costs, site conditions, or the Client’s specified requirements occur after the date of quotation. Any such revision will be notified to the Client in writing prior to work commencing.
4. Payment Terms
4.1 Unless otherwise agreed in writing, the Company’s standard payment terms are as follows:
• A non-refundable deposit of fifty percent (50%) of the total Contract value is due and payable upon acceptance of the quotation and prior to any Goods being ordered or work commencing.
• The remaining balance shall be due and payable in full upon completion of the Installation, and in any event no later than the Agreed Payment Date stated on the Company’s invoice.
4.2 Payment may be made by bank transfer, debit card, credit card, or such other methods as the Company may notify the Client from time to time. Cheques are accepted at the Company’s discretion.
4.3 The Company shall be entitled to suspend or cease any ongoing works where payment is not received in accordance with these Terms and Conditions, without liability to the Client for any resulting delay or loss.
| IMPORTANT — LATE PAYMENT CHARGES (Clause 4.4): Any outstanding balance remaining unpaid beyond the Agreed Payment Date shall accrue a daily finance charge of five percent (5%) per day on the overdue amount, calculated and compounding daily from the first day following the Agreed Payment Date until the date upon which payment is received in full. The Company reserves the right to pursue recovery of all outstanding balances, accrued interest, and any reasonable costs of collection — including but not limited to legal and administrative fees — through all lawful means available. |
4.5 The Client’s attention is specifically drawn to Clause 4.4 above. By signing these Terms and Conditions, the Client expressly acknowledges and accepts the daily finance charge as a genuine pre-estimate of the cost to the Company of late payment, and not a penalty.
4.6 The Company further reserves the right to charge the Client for any costs reasonably incurred in the recovery of overdue sums, including but not limited to solicitors’ fees and debt collection agency fees.
5. Retention of Title and Right of Repossession
5.1 Notwithstanding delivery and Installation of the Goods, legal title to and ownership of all Goods shall remain vested in the Company until the Client has made payment in full of all sums due under the Contract, including any accrued interest and charges.
5.2 Until such time as full payment is received by the Company, the Client holds the Goods as bailee for the Company and shall keep the Goods clearly identifiable as the property of the Company, in good condition, and insured against loss or damage.
| IMPORTANT — RIGHT OF REPOSSESSION (Clause 5.3): In the event that full payment of any sum due under the Contract is not received by the Agreed Payment Date, the Company reserves the unconditional right to repossess, dismantle, and remove any and all fencing materials, structures, panels, posts, gates, and associated installations supplied and/or erected by the Company at the Client’s premises. The Client hereby grants to the Company and its authorised agents an irrevocable licence to access the relevant property at any reasonable time for the purpose of exercising this right. The Company shall not be liable for any damage, loss, inconvenience, or consequential loss arising from such repossession and removal, provided the Company acts with reasonable care. |
5.4 The Client shall not sell, transfer, charge, or otherwise dispose of the Goods to any third party prior to full payment being received by the Company.
5.5 The Company’s right of repossession under Clause 5.3 shall be in addition to, and not in substitution for, any other rights or remedies available to the Company at law or in equity.
6. Installation and Site Conditions
6.1 The Client is responsible for ensuring that the Company has clear and safe access to the site on the agreed commencement date. Any delay caused by the Client’s failure to provide adequate access may result in additional charges.
6.2 The Client warrants that they have obtained all necessary permissions, planning consents, and neighbour agreements required for the Installation prior to commencement of works.
6.3 The Company accepts no liability for damage to underground services, cables, pipes, or structures where the Client has failed to identify or notify the Company of their location prior to work commencing.
6.4 Where ground conditions are materially different from those reasonably anticipated at the time of quotation, the Company reserves the right to submit a revised quotation prior to continuing works.
7. Warranty and Liability
7.1 Subject to the provisions of this Clause, the Company warrants that the Installation will be carried out with reasonable skill and care, and that Goods supplied will correspond with their description.
7.2 The Company’s warranty does not extend to defects or damage arising from fair wear and tear, accidental damage, neglect, vandalism, extreme weather conditions, or any modification or repair carried out by the Client or a third party.
7.3 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
7.4 Subject to Clause 7.3, the Company’s total liability to the Client in respect of any Contract shall not exceed the total Contract value paid by the Client.
8. Cancellation
8.1 Cancellation of a Contract by the Client must be made in writing. In the event of cancellation, the following charges shall apply:
• Cancellation prior to commencement of works: the deposit paid shall be forfeited in full.
• Cancellation after commencement of works: the Client shall be liable for the full cost of Goods ordered and all works completed to the date of cancellation, plus a reasonable cancellation administration fee.
9. Governing Law and Jurisdiction
9.1 These Terms and Conditions, and any Contract formed under them, shall be governed by and construed in accordance with the laws of England and Wales.
9.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.
10. General Provisions
10.1 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.2 Failure by the Company to enforce any provision of these Terms and Conditions shall not constitute a waiver of its right to do so at a later date.
10.3 These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede all previous negotiations, representations, or agreements.1. Definitions and Interpretation
In these Terms and Conditions the following definitions apply:
“The Company” means Wild Edge Fencing Company, its successors, and assigns.
“The Client” means the individual, firm, or corporate entity entering into a contract with the Company for the supply of goods and/or services.
“Goods” means all fencing materials, posts, panels, gates, fixings, and ancillary items supplied by the Company.
“Installation” means the erection, assembly, and fitting of Goods at the Client’s specified premises.
“Agreed Payment Date” means the date upon which full payment or a scheduled instalment becomes due as stated in the Company’s invoice or quotation.
“Contract” means the agreement between the Company and the Client for the supply of Goods and/or services, incorporating these Terms and Conditions.
2. Basis of Contract
2.1 These Terms and Conditions govern all Contracts entered into between the Company and the Client and supersede any prior representations, agreements, or understandings, whether oral or written.
2.2 No variation to these Terms and Conditions shall be binding unless agreed in writing and signed by a duly authorised representative of the Company.
2.3 The Client’s acceptance of a quotation, payment of a deposit, or permitting the Company to commence Installation shall constitute unconditional acceptance of these Terms and Conditions in their entirety.
3. Quotations and Pricing
3.1 All quotations issued by the Company are valid for a period of thirty (30) days from the date of issue, unless otherwise stated in writing.
3.2 Prices quoted are exclusive of Value Added Tax (VAT), which will be charged at the prevailing rate where applicable and itemised separately on the Company’s invoice.
3.3 The Company reserves the right to revise quoted prices where variations in material costs, site conditions, or the Client’s specified requirements occur after the date of quotation. Any such revision will be notified to the Client in writing prior to work commencing.
4. Payment Terms
4.1 Unless otherwise agreed in writing, the Company’s standard payment terms are as follows:
• A non-refundable deposit of fifty percent (50%) of the total Contract value is due and payable upon acceptance of the quotation and prior to any Goods being ordered or work commencing.
• The remaining balance shall be due and payable in full upon completion of the Installation, and in any event no later than the Agreed Payment Date stated on the Company’s invoice.
4.2 Payment may be made by bank transfer, debit card, credit card, or such other methods as the Company may notify the Client from time to time. Cheques are accepted at the Company’s discretion.
4.3 The Company shall be entitled to suspend or cease any ongoing works where payment is not received in accordance with these Terms and Conditions, without liability to the Client for any resulting delay or loss.
| IMPORTANT — LATE PAYMENT CHARGES (Clause 4.4): Any outstanding balance remaining unpaid beyond the Agreed Payment Date shall accrue a daily finance charge of five percent (5%) per day on the overdue amount, calculated and compounding daily from the first day following the Agreed Payment Date until the date upon which payment is received in full. The Company reserves the right to pursue recovery of all outstanding balances, accrued interest, and any reasonable costs of collection — including but not limited to legal and administrative fees — through all lawful means available. |
4.5 The Client’s attention is specifically drawn to Clause 4.4 above. By signing these Terms and Conditions, the Client expressly acknowledges and accepts the daily finance charge as a genuine pre-estimate of the cost to the Company of late payment, and not a penalty.
4.6 The Company further reserves the right to charge the Client for any costs reasonably incurred in the recovery of overdue sums, including but not limited to solicitors’ fees and debt collection agency fees.
5. Retention of Title and Right of Repossession
5.1 Notwithstanding delivery and Installation of the Goods, legal title to and ownership of all Goods shall remain vested in the Company until the Client has made payment in full of all sums due under the Contract, including any accrued interest and charges.
5.2 Until such time as full payment is received by the Company, the Client holds the Goods as bailee for the Company and shall keep the Goods clearly identifiable as the property of the Company, in good condition, and insured against loss or damage.
| IMPORTANT — RIGHT OF REPOSSESSION (Clause 5.3): In the event that full payment of any sum due under the Contract is not received by the Agreed Payment Date, the Company reserves the unconditional right to repossess, dismantle, and remove any and all fencing materials, structures, panels, posts, gates, and associated installations supplied and/or erected by the Company at the Client’s premises. The Client hereby grants to the Company and its authorised agents an irrevocable licence to access the relevant property at any reasonable time for the purpose of exercising this right. The Company shall not be liable for any damage, loss, inconvenience, or consequential loss arising from such repossession and removal, provided the Company acts with reasonable care. |
5.4 The Client shall not sell, transfer, charge, or otherwise dispose of the Goods to any third party prior to full payment being received by the Company.
5.5 The Company’s right of repossession under Clause 5.3 shall be in addition to, and not in substitution for, any other rights or remedies available to the Company at law or in equity.
6. Installation and Site Conditions
6.1 The Client is responsible for ensuring that the Company has clear and safe access to the site on the agreed commencement date. Any delay caused by the Client’s failure to provide adequate access may result in additional charges.
6.2 The Client warrants that they have obtained all necessary permissions, planning consents, and neighbour agreements required for the Installation prior to commencement of works.
6.3 The Company accepts no liability for damage to underground services, cables, pipes, or structures where the Client has failed to identify or notify the Company of their location prior to work commencing.
6.4 Where ground conditions are materially different from those reasonably anticipated at the time of quotation, the Company reserves the right to submit a revised quotation prior to continuing works.
7. Warranty and Liability
7.1 Subject to the provisions of this Clause, the Company warrants that the Installation will be carried out with reasonable skill and care, and that Goods supplied will correspond with their description.
7.2 The Company’s warranty does not extend to defects or damage arising from fair wear and tear, accidental damage, neglect, vandalism, extreme weather conditions, or any modification or repair carried out by the Client or a third party.
7.3 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
7.4 Subject to Clause 7.3, the Company’s total liability to the Client in respect of any Contract shall not exceed the total Contract value paid by the Client.
8. Cancellation
8.1 Cancellation of a Contract by the Client must be made in writing. In the event of cancellation, the following charges shall apply:
• Cancellation prior to commencement of works: the deposit paid shall be forfeited in full.
• Cancellation after commencement of works: the Client shall be liable for the full cost of Goods ordered and all works completed to the date of cancellation, plus a reasonable cancellation administration fee.
9. Governing Law and Jurisdiction
9.1 These Terms and Conditions, and any Contract formed under them, shall be governed by and construed in accordance with the laws of England and Wales.
9.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter.
10. General Provisions
10.1 If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.2 Failure by the Company to enforce any provision of these Terms and Conditions shall not constitute a waiver of its right to do so at a later date.
10.3 These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede all previous negotiations, representations, or agreements.