TERMS AND CONDITIONS OF QUOTATION AND FENCING SALE CONTRACT
This is the terms and conditions for quotations and the purchase sales contract Top Gardens will be referred to as “We or us" and the person or legal entity to whom this quotation is addressed will be referred to as “The Purchaser” the person seeking to purchase goods from us.
· Every quotation is an estimate and is subject to withdrawal, correction or alteration at any time prior to the acceptance of the purchaser’s order.
· All quotations are accepted on the basis that full payment be made to us on completion of the work unless agreed in writing to the contrary.
· All quotations are based on installation during ordinary working hours.
· If we incur additional costs by reason of overtime work at the request of the purchaser or by reason of the Purchaser’s failure to give us access to the site to enable works to proceed such overtime charge shall be added to the purchaser’s contract.
· Commencement of work by us at the purchaser’s request shall constitute acceptance of a contract incorporating the terms and conditions of this quotation unless otherwise agreed to in writing by the company.
· The price is based on the purchaser providing a cleared site with any existing fence demolished and removed.
· Unless included in this quotation any costs incurred in respect of clearing the site, demolishing and removing any existing fences or other structures, surveying the alignment or pegging the fence line will be extra to the price quoted and shall be charged to the purchaser.
· The price is further based on a surveyed alignment and a pegged fence line being provided by the purchaser.
· The Installation dates are given in good faith but are estimates only.
· It is the responsibility of the purchaser to advise the installers the location of the new fence.
· We are not liable for any disputes regarding location of the new fence once installed.
· Unless stated in quotation no allowance has been made for any obstructions such as rock, concrete, tree roots, broken posts or any other matter which may be encountered during the performance of the contract. An additional charge based on ruling for labor plus the costs of hire of any necessary equipment will be made to cover the costs of drilling or removing such obstructions
· We will not be liable for non-completion of work on a set date due to adverse weather conditions. For health and safety reasons we retain the right to cancel and re-arrange a contract at short notice with the agreement of the customer. We do our best not to damage any garden plants when undertaking fencing installations, but we must be able to cut back any material as necessary so that we can access the area of the new fence. Please ensure that we are aware of any material, trees and shrubs that may need protecting and we accept no responsibility for damage to same.
· Where the purchaser accepts quotation that specifically excludes the cost of supplying materials, the purchaser is responsible for providing all the correct materials for the contract on time. If in the event of any error's, delays or insufficient materials for any reason that prevent works to proceed, we request the purchaser to notify us 24hours prior to the contract starting. Failing to give us prior notice such overtime charge shall be added be to the purchaser's contract.
· Any unfixed or unused goods or materials which may be remaining when the job is completed will remain the property of us and shall be removed from the site by us and there will be no credit given for any such unfixed or unused goods.
· We request that the landowner or purchaser to informs us of any known underground services that may pose a problem to the agreed work. We shall not be liable in any event of damage affected by the installation of the proposed fence to electrical cables, gas or water mains, sewerage, telephone lines, and any other service facility or utility.
· If there are any changes to make to the fence location or design. The cost of any extra materials required will be added to the price of the job.
· Timber is a natural product and as such is liable to cracking, warping, wane, shrinkage and splitting. This may appear as soon as the timber is exposed to the elements or may take some time. Please note that this is not a defect, and, in most cases, it will not affect the strength of the timber and will stabilize over time.
· For most large projects, excluding commercial and new development sites where payments are set by contracts, we ask for a deposit of 50% to be paid before we commence the work.
· We only accept payment by bank transfer/deposits.
· All material shall remain the property of Top Gardens until full payment is received.
· We reserve the right to stop supplying any material and cease work on the contract until any outstanding progress claims are paid in full.
· Full and final payment is required on completion of the agreed works. Transfer of ownership of goods will not occur until the invoice is paid in full. Overdue invoices will be charged 10% penalty fee and an interest of 5% per month until the settlement of balance owned is achieved.
· All deliveries are subject to a delivery charge dependent upon location, volume and weight of goods.