Legal Information

Terms of Business

1. GENERAL

In these conditions Meopham Fencing Works Ltd is referred to as “the Company” and the company, person or other body placing the order will be referred to as “the Customer”.

These conditions shall form the basis of the contract between the Company and the Customer, and shall apply to all orders placed.

No servant or agent of the Company has the power to vary these conditions verbally, or make representations or promises about the condition of the goods, their fitness for any purpose or any other matter whatsoever.

All illustrations, drawings and photographs as detailed in any of our Price Lists and Sales Literature are for illustration purposes only – the actual product may vary slightly form the photo shown. Unless otherwise stated, they are the sole property of the Company and may not be copied or reproduced under any circumstances, without the written authority of a Director of the Company.

Although we have endeavoured to ensure that the accuracy of all the information within our Website and Price List is correct, the Company cannot accept responsibility for any claim arising from errors or omissions.

These conditions are subject to English Law and to the jurisdiction of the English Courts.

 

2. ORDERS AND SPECIFICATIONS

The Customer’s order is an offer and shall become binding upon acceptance by the Company.

Any Telephone Orders must be confirmed in writing by the Customer and clearly marked “Confirmation of Telephone Order”. We recommend that the order confirmation is sent by email to enquiries@meophamfencing.co.uk.  We will not be responsible for any errors on unconfirmed telephone orders, nor from any duplication arising if the confirmation of order is not clearly marked.

All quotations are made subject to the goods or materials being available on receipt of the order.

All specifications, drawings and particulars supplied by the Company are approximate only unless otherwise stated and the Company reserves the right to alter specifications and to make modifications without notice to the Customer.

The Customer shall be responsible for the contents of all plans, drawings and other information supplied by them to the Company and for any discrepancies, inconsistencies, errors or omissions therein.

Where goods are manufactured to the Customers specification, pattern or drawings, the Customer will indemnify the Company against any infringement, or alleged infringement of any patent or design, when a third party may be entitled to claim.

The Customer is responsible for the suitability of all orders.

Once the manufacture of the order has commenced we cannot accept cancellation of that order.

The Customer can only cancel any order with the written consent of the Company.

When the Company agrees to the return of standard, stock items, a handling charge of 40% of the goods’ value or £15, whichever is the greater, will be imposed on the Customer to cover restocking when goods are returned in a resalable condition. If goods are not in a resalable condition when returned by the Customer, the Company reserves the right to refuse the return. Any goods that are made or altered to the Customer’s specification, including powder coating of metal fencing, cannot be returned unless they are found to have been supplied in a faulty or damaged condition.

The Company's liability in respect of the goods shall not exceed the purchase price of the goods.  The Company shall not be responsible for any injury, damage or loss caused directly or indirectly by the goods.  The Customer shall indemnify the Company against any liability.

 

3. PRICE

The price is exclusive of VAT and will be clearly advised as such in the quotation and will be charged to the Customer at the rate appropriate on the date of despatch, unless stated otherwise.

All prices are subject to revision without notice and will be invoiced at prices ruling at the date of despatch.

The Customer at the request of the Company shall pay a charge in addition to the price of the goods, for tests, modifications, alterations and to cover all other costs incurred.

If between the date or order and the delivery date there are any variations in the rate of VAT, cost of materials, overheads, labour, transport or any other costs, the Company will be entitled to charge the order at the new rate.

 

4. DELIVERY/COLLECTION

We will not accept liability for the goods if the Customer or Customer's agent is not available to sign for delivery of the goods.

If the Customer fails to take delivery or access is unsuitable and the goods are returned, a charge will be made for handling, storage and transport.

The Company undertakes to despatch the goods on the stated delivery date. Any failure to deliver goods by that date shall not constitute a breach of contract, nor shall the Company be liable for the consequences of the delay.

The Company reserves the right to make deliveries by instalments and tender a separate invoice in respect of each instalment.

The Company may at any time withhold delivery of goods to the Customer pending payment of any agreed or outstanding sums due from the Customer to the Company under any other contract.

 

5. SUPPLY AND INSTALLATION

The prices within the Company’s quotation remain fixed for a period of 30 days, or as detailed otherwise in the quotation, as the materials cost contained within the quote are subject to fluctuations outside of our control.

The Company cannot accept any responsibility for any boundary issues relating to final lines of fencing as we will only install in a position as agreed with the Customer at the time of installation, in accordance with the Customer’s instructions. We strongly recommend that the Customer discusses their proposed fence line with any respective adjacent neighbour(s) before installation commences as any delays during installation caused by disputes will be chargeable by the Company to the Customer.

The Company will not accept any liability for any breaches of planning (or similar) conditions caused by works carried out by us under instruction from the Customer. Any works required to modify the fence to meet any such conditions will be chargeable to the Customer. All planning and statute approvals are the responsibility of the Customer, not the Company. We refer the Customer to the Planning Portal at https://www.planningportal.co.uk/ for more information on what works require planning and how to apply.

No works will be undertaken without reassurance that the garden is clear from all animal faeces. Should faeces be discovered during installation works, we will request that the Customer clears it up. We reserve the right to stop works until such time as the area is cleared and safe, and to charge the Customer for the fitters’ time lost.

It is the responsibility of the Customer to notify the Company of all existing service positions before starting installation and the Company cannot accept any liability for damage to underground cables or pipes during our works.

The Company will do our best to protect and minimise damage to flower beds, paths, borders etc, but the client must prepare prior and accept possible damage to soft landscaping areas during the works. The Company will not accept any liability for any damage caused. The Company reserves the right to postpone any installation works where inclement weather conditions will jeopardise our efforts to protect the soft landscaping.

 

6. INSPECTION

The Customer should notify the Company of any delivery shortage, damages or defects within 3 days from the delivery date.

In the unlikely event that the Customer is dissatisfied with the quality of the materials or workmanship where we have installed the fencing, he shall notify the Company within seven days of completion whereupon arrangements will be made for a representative of the Company to inspect. 

 The Company’s liability will be limited to replacing, repairing or a credit note, for any goods as determined by the Company.

 

7. PAYMENT

Payment is required by Cash, Credit / Debit Card or by BACS transfer with order unless agreed otherwise by a Manager of the Company. For domestic customers, payment is due upon invoice. For commercial customers, unless otherwise agreed in writing prior to the order being placed, our payment terms are strictly 30 days from the date of the invoice.

 

8. RISK AND TITLE

The risk shall pass to the Customer and the Customer is responsible for all loss, damage or deterioration of the goods once the goods are delivered to the premises as requested by the Customer.

Title in all the goods shall remain in the Company until payment due under all contracts is received in full.

The Customer shall permit an agent or employee of the Company to enter the Customer’s premises to repossess goods subject to this retention of title.  If the goods are on the premises of a third party the Customer shall remove the goods and return them to the Company.

 

9. FORCE MAJEURE

The Company will not be liable for any loss or consequential liability or damage resulting from any delay in performing or failing to perform the contract by any causes beyond the Company’s control.

 

10. CHARACTERISTICS OF TIMBER

Wood that has been pressure treated will shrink as the water used in the treatment process evaporates from the timber.  Because wood is a natural material and not evenly porous, not all areas may dry at an even rate.  This uneven drying creates tremendous pressure inside the wood and may cause it to split, twist or warp as it is exposed to sunlight and air.  It is very unusual for any natural weathering characteristics to be detrimental to the structural strength or the life expectancy of the timber. The Company will not be held liable for this naturally occurring process.

Unless otherwise stated, the timber we use is sawn, pressure treated softwood.

We will only guarantee timber posts for a period of one year from the date of installation by us. We therefore strongly recommend that, to ensure longevity, fences are installed using concrete posts.

 

11. COMPLAINTS

We at Meopham Fencing (MF) pride ourselves on providing an excellent service and with the use of trained and supervised staff we endeavour to satisfy all our Customer’s needs and expectations.  However, if you feel that there is an unresolved issue, your first point of contact should be your MF Contract Manager who is trained to meet your needs. He will make known your concerns and will attempt to resolve them and will record your complaint as part of MF Complaint Management System.  If for any reason you feel that your needs and concerns are not being met, please complete our Complaints Form and return it to us.  If in your opinion your concerns warrant immediate action then we would encourage and welcome direct contact by telephone and confirmation in writing, again using this form, and we will try to deal with your concerns as quickly as possible and shall respond in writing. 

Alternatively, you are encouraged to contact us by email or post (details listed below)

By email: enquiries@meophamfencing.co.uk

In writing to our Customer Services Team at:

Meopham Fencing Works Ltd

Logix House

Wrotham Road

Meopham

Kent, DA13 0QB

By phone to our Customers Services Team on 01474 813123.

All complaints will be acknowledged by letter, an internal report will be written and an attempt will be made to resolve the complaint by the end of the next business day.

If after four weeks the complaint has not been adequately resolved then an official letter will be sent as a record of the progress made, the problems incurred, and the planned resolution, with a copy of MF Complaints Procedure-Consumer Leaflet.

If after eight weeks the complaint has not been adequately resolved, then a second official letter will be sent, similar to the first but with the contact details of the Ombudsman.

We will attempt to resolve all matters and our final response will indicate whether the complaint was upheld or not, and the reasons should the complaint not be upheld.