1. Definitions
In these Terms and Conditions:
- "Company", "we", "us" or "our" means Collinson Contracts Limited, registered in England and Wales with company number 06262176.
- "Customer", "you" or "your" means the person, firm or company who purchases Goods and/or Services from the Company.
- "Goods" means fencing materials, posts, panels, gates, fixings and any other products supplied by us.
- "Services" means the supply, delivery, installation, repair or maintenance of fencing and associated works.
- "Contract" means the contract between you and us for the supply of Goods and/or Services, incorporating these Terms and any quotation we provide.
- "Quotation" means our written quotation or estimate which is valid for 30 days unless stated in bold on the front of the quotation if we are experiencing fluctuating costs.
2. Application of these Terms
2.1 These Terms apply to all Contracts and override any terms or conditions you seek to impose.
2.2 No variation is binding unless agreed in writing and signed by our authorised representative.
2.3 Quotations are invitations to treat only. A binding Contract forms when we accept your order (by written confirmation, commencement of work, or delivery of Goods).
3. Quotations, Specifications and Variations
3.1 Quotations are based on information you provide and site conditions known at the time. We reserve the right to adjust the price if site conditions differ materially (e.g. hidden obstructions, poor ground, utilities, access issues).
3.2 Any additional work, changes to specification, or extra materials requested will be charged as variations at our standard rates or as agreed in writing.
3.3 We may refuse to proceed with variations until agreed in writing and any additional payment is received.
3.4 If we have provided a bolt down or bolt to wall option it is because we have been led to believe the existing ground conditions or wall would support a bolt down or bolt to wall post. It is the client’s responsibility to let us know if the existing, planned ground or wall conditions will not support bolt down or bolt to wall posts.
4. Price and Payment
4.1 Prices are exclusive of VAT unless stated otherwise. VAT will be added at the prevailing rate.
4.2 Unless credit checks have been completed and a suitable credit account set up, payment terms are:
- 50%-100% payment with order / on acceptance
- Balance due on practical completion
We reserve the right to adjust these figures tailored to sort the specific project
4.3 For commercial/business customers with a suitable credit account arranged, payment is due within 30 days of invoice unless otherwise stated.
4.4 Time for payment is of the essence. Late payment incurs interest at 8% above Bank of England base rate (per Late Payment of Commercial Debts (Interest) Act 1998 or Consumer Rights Act as applicable) plus reasonable debt recovery costs.
4.5 We reserve the right to suspend work or withhold delivery if any payment is overdue.
5. Force Majeure
5.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract (except for any obligation to pay money that has already fallen due) to the extent that such failure or delay is caused by a Force Majeure Event.
5.2 A "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected party which prevents, hinders or delays performance, including but not limited to:
- acts of God, extreme weather conditions, storms, floods, lightning, or other natural disasters;
- war, invasion, hostilities, terrorism, riot, civil commotion or disorder;
- fire, explosion, or damage to premises or equipment;
- strikes, lock-outs, or other industrial action (whether involving our employees or third parties);
- shortages or unavailability of materials, fuel, labour, or transport (where not due to our negligence);
- compliance with any law, government order, rule, regulation, or direction;
- epidemic, pandemic, or outbreak of illness;
- any other event or circumstance of a similar nature beyond reasonable control.
5.3 The affected party shall:
(a) notify the other party in writing as soon as reasonably practicable after becoming aware of the Force Majeure Event, giving details of the event and its expected impact;
(b) use reasonable endeavours to mitigate the effects of the Force Majeure Event and to resume performance as soon as reasonably possible.
5.4 If a Force Majeure Event prevents or delays our performance of the Services for a continuous period of more than 60 days, either party may terminate the Contract by giving 14 days' written notice to the other without liability (except for payment of amounts properly due up to the date of termination).
5.5 For the avoidance of doubt, nothing in this clause excuses your obligation to make payments that have already fallen due, and we shall be entitled to an extension of time for any obligations affected by a Force Majeure Event.
6. Underground Services and Utilities
6.1 It is your sole responsibility to identify, locate, mark, and make us aware (in writing prior to commencement of the Services) of the exact position and nature of **all** underground services, utilities, pipes, cables, ducts, drains, sewers, or other obstructions on or near the proposed line of fencing or installation area. This includes (but is not limited to) electricity, gas, water, telecommunications, fibre optic, drainage, and any private services.
6.2 You must make all reasonable enquiries to obtain accurate plans and information, contacting relevant utility providers directly, or arranging for professional surveys/detection as necessary.
6.3 We will take reasonable care during installation (e.g. hand digging in suspect areas where advised), but we shall not be liable for any damage to, disruption of, or costs arising from contact with any underground services or obstructions that were not clearly identified, marked, and notified to us in advance.
6.4 Any damage caused to unmarked or unknown underground services shall be your responsibility. You shall indemnify us against all claims, losses, damages, costs (including repair/replacement costs charged by utility providers), expenses, fines, or liabilities arising directly or indirectly from such damage.
6.5 If previously unidentified services are discovered during the works, we may (at our discretion) suspend work until you arrange for their safe isolation, relocation, or confirmation of position. Any additional time, costs, or variations arising shall be charged as an extra at our standard rates or as agreed in writing.
7. Delivery, Installation and Site Access
7.1 Dates/times given are estimates only. We are not liable for delays due to weather, site access issues, third-party delays, strikes, shortages of materials, or events beyond our reasonable control (including Force Majeure Events as defined above).
7.2 You must provide safe, unobstructed access to the site, adequate parking/loading area, welfare facilities (if required), and clear instructions regarding boundaries, services/utilities, and any restrictions.
7.3 You are responsible for obtaining any necessary permissions, planning consents, party wall agreements, or licences. We assume boundaries are correct as shown to us.
7.4 Installation is carried out in accordance with good industry practice. Minor adjustments may be required on site due to ground conditions.
8. Quality and Standards
8.1 Goods will be of satisfactory quality, as described, and fit for their usual purpose (Consumer Rights Act 2015 / Supply of Goods and Services Act where applicable).
8.2 Services will be performed with reasonable care and skill (Consumer Rights Act 2015 s.49).
9. Risk, Title and Retention of Title
9.1 Risk in Goods passes to you on delivery to site or on completion of unloading.
9.2 Title to Goods remains with us until full payment (including any interest or charges) is received. Until then, you hold Goods as our fiduciary agent and must store them separately and clearly marked as our property.
10. Liability and Insurance
10.1 Nothing in these Terms excludes or limits our liability for death/personal injury caused by negligence, fraud, or any matter that cannot be excluded by law.
10.2 Subject to clause 10.1, our total liability under or in connection with the Contract is limited to the Contract price.
10.3 We are not liable for:
- consequential/indirect loss (including loss of profit, business interruption)
- damage caused by your failure to provide accurate site information (including underground services)
- pre-existing defects or movement in structures/ground
- natural shrinkage, weathering or movement in timber products
10.4 We carry public liability insurance of at least £5 million and employers’ liability insurance as required by law.
11. Defects / Complaints
11.1 You must inspect Goods on delivery and notify us in writing of any damage/shortages within 48 hours.
11.2 You must notify us in writing of any alleged defect in workmanship within 1 month of completion (or sooner if obvious). We will rectify genuine defects notified in time, at our discretion (repair/replacement/reasonable price reduction).
11.3 No further claims once any retention (if applicable) is released or final payment made.
12. Termination and Cancellation
12.1 You may cancel before work starts by written notice, but forfeit any deposit and pay for materials ordered/work already carried out.
12.2 We may terminate if you breach these Terms (including non-payment), become insolvent, or fail to give access.
13. Governing Law and Jurisdiction
These Terms and the Contract are governed by the law of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.
14. General
14.1 If any provision is held invalid, the remainder remains in force.
14.2 We may assign or subcontract any part of the Contract. You may not assign without our consent.
14.3 Standard one page company details (including Co. Number UTR, Bank Details and VAT number) and standard RAMS will be issued, on request, free of charge. External Contractor Questionnaires and more complex RAMS may need to be priced separately and extra to the original quotation