Legal Notice

Terms of Business

A. Definitions

‘The Company’ Bell Fencing Ltd.

Registered Address: Fallowfield, Blackmore End, Braintree, Essex, CM7 4DD

Company number: 8916764

Telephone: 07786 914823

‘The Customer’ The person, company or organisation purchasing goods or services from ‘The Company’, as shall be entered within the ‘customer’ section of all Company sales order/ecommerce/invoice documentation.

B. Overview Of Terms of Business

These terms and conditions (last updated September 2021) shall apply to the supply and erection agricultural, equestrian, domestic and commercial fencing, buildings and associated services by ‘The Company’, to the entity hereby referred to as ‘The Customer’. ‘The Company’ means of good practice and retail compliance is primarily regulated by the “Consumer Rights Act 2015 and the Consumer Contracts 2014 (ICACS). This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; Department for business innovation and skills. Any order placed by ‘The Customer’ whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive, they are given to define and protect the due rights of both ‘The Customer’ and ‘The Company’.

1. Retention of Title/ Ownership

1.1 Legal ownership of any goods supplied shall remain vested to ‘The Company’, until such time that full payment of order/invoice monies has been received from ‘The Customer’.

1.2 Should the ‘The Customer’ obtain goods or services without making full payment, ‘The Customer’ accepts that ‘The Company’ retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the ‘The Customer’ grants ‘The Company’ unrestricted access to reclaim the goods.  The saleable condition of the goods prior to any reclaim is the sole responsibility of ‘The Customer’.

2. Prices

2.1 All pricing as shown upon ‘The Company’ literature (£) Pounds Sterling.

2.2 All pricing as shown upon ‘The Company’ literature are shown exclusive of the current prevailing rate of Value Added Tax (VAT). ‘The Company’ VAT number is GB : 185 8322 80

2.3 ‘The Company’ provides estimates tailored to the specific requirements of ‘The Customer’

2.4 ‘The Company’ pricing is reviewed regularly, dependent upon market values, revisions will be applied at any time for; (a) material and manufacturer price rises, or (b) offers or promotions as defined.

2.5 Prices stated on estimates issued by ‘The Company’ are only valid for 14 days from estimate date.  Estimate approvals received after the valid date may need to be re-issued if the product or service price has changed.

2.6 ‘The Company’ cannot retrospectively apply pricing changes once supply or services have been completed.

3. Payment

3.1 ‘The Company’ standard payment terms are full payment within 7 days of invoice date.

3.2 Payments are only accepted in (£) Pounds Sterling.

3.3 Payments are only accepted by the following means: BACS (electronic banking), Cheque, Cash.

3.4 ‘The Company’ reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.

3.5 ‘The Company’ will invoice for services provided upon completion of said services.

3.6 ‘The Company’ reserves the right to request a deposit before commencement.  The deposit will be agreed by both parties at point of approval, or at a later date should the need arise.

4. Scheduling / Works

4.1 Upon approval of an estimate by ‘The Customer’, a start date for works will be agreed by both parties.  Whilst ‘The Company’ will endeavour to adhere to the agreed dates, unforeseen circumstances (i.e. adverse weather, mechanical failure, staff sickness, government issued lockdowns) may require a revision of dates.

4.2 Upon approval of an estimate by ‘The Customer’, materials will be ordered and paid for by ‘The Company’.  Any expenses incurred by ‘The Company’ after approval must be paid for by ‘The Customer’.  See also 6. Cancellations.

4.3 ‘The Company’ will endeavour to accommodate start date changes initiated by ‘The Customer’.  Depending upon the circumstances, a deposit may be requested to cover any materials expense already incurred by ‘The Company’.

4.4 It is the responsibility of ‘The Customer’ to ensure that the site of works is prepared for arrival of ‘The Company’.  See also 4.5, 4.10, 4.11 and 10. Miscellaneous

4.5 It is the responsibility of ‘The Customer’ to identify any underground services on site, and to inform ‘The Company’ of their location before commencement.  See also 10. Miscellaneous.

4.6 In most instances, ‘The Company’ will arrive on site with all materials and machinery required for agreed services.  If a delivery to the site is required, it will be agreed between both parties ahead of the start date.

4.7 The party, where applicable, delivering on behalf of ‘The Company’ shall be instructed to contact ‘The Customer’ to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.

4.8 Product delivery shall be kerbside or driveway only.  ‘The Customer’ accepts that materials will be placed within 2M of a delivery vehicle.

4.9 As ‘The Company’ is not the manufacturer of the materials/products, it cannot be held responsible for delay caused by; (a) the manufacturing process, or (b) third party such as a contracted carrier.

4.10 It is the responsibility of the ‘The Customer’ to provide free and unobstructed access for product delivery and works.

4.11 As 4.10, it is the responsibility of ‘The Customer’ to notify any access concerns to ‘The Company’ at point of approval.

4.12 ‘The Customer’ accepts that responsibility of goods is passed on to ‘The Customer’ at the point of delivery and if ‘The Customer’ is not present at the point of delivery any claims of shortages will be null and void.

4.13 ‘The Company’ will not bear any abortive costs arising from ‘The Customer’ due to a failed delivery, as the delivery process is operated by each manufacturer beyond the control of ‘The Company’.

4.14 ‘The Company’ is not liable for delivery delays or failures caused by factors outside of ‘The Company’ control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown, stock shortages or personal illness. 

5. Damages

5.1 ‘The Customer’ shall inspect the product and services upon completion and notify ‘The Company’ via email within 7 days of any issues or deviation from the agreed.

5.2 Shortage or damage should be reported with detail, either in writing to ‘The Company’ address, by email to enquiries@bellfencing.com or by telephone. Pictures may be requested.

5.3 Upon approved claims within the period defined in 6.1, ‘The Company’ will endeavour to (a) rectify the situation at their earliest convenience (b) facilitate correspondence between ‘The Customer’ and the manufacturer.

5.4 Guarantee claims made by ‘The Customer’ after the period as defined in 6.1, shall only be considered at the discretion of the manufacturer and not ‘The Company’.  See also 10. Miscellaneous.

5.5 Any accidental damages caused by ‘The Company’ when providing services will be rectified.  Any damages occurring because of negligence of responsibility of ‘The Customer’ (see 4.4, 4.5, 4.10, 4.11, 9.2) may be rectified at ‘The Companies’ discretion and may be at cost.

6. Cancellations

6.1 It is unlikely that ‘The Company’ will need to cancel scheduled works, but will endeavour to re-schedule if required.  See also 4.1 and 4.2

6.2 Should ‘The Customer’ need to cancel or re-schedule an agreed start date, the request should be made via email to enquiries@bellfencing.com, or by phone at the earliest convenience.  See also 3.6, 4.1, 4.2, 4.3.

6.2 Approval of an estimate by ‘The Customer’ is an agreement between both parties.  Should ‘The Customer’ cancel before commencement of work, they shall be liable to pay for any material expenses incurred by ‘The Company’.

7. Health & Safety

This is the Health & Safety Policy Statement in accordance with Health & Safety at Work etc. Act 1974.

Our statement of general policy is:

• To provide adequate control of the health and safety risks arising from our work activities
• To consult with our employees and sub-contractors on matters affecting their health and safety
• To provide and maintain safe plant and equipment
• To ensure safe handling and use of substances
• To provide information, instruction and supervision for employees and sub-contractors
• To ensure all employees and sub-contractors are competent to do their tasks, and provide adequate training when needed
• To prevent accidents and cases of work-related ill health
• To maintain safe and healthy working conditions
• To review and revise this policy as necessary at regular intervals

8. Complaint

8.1 In the event of any complaint or grievance, ‘The Customer’ should initially make contact by telephone on 07786 914823, followed by a formal email complaint to enquiries@bellfencing.com.

8.2 For efficient handling, ‘The Customer’ should state upon all correspondence; (a) their name, (b) their address, (c) their invoice number, (d) the service, and (e) a description of their complaint.

8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 10 working days, please send a “Second Request” for the attention of The Customer Service Manager.

8.4 It is the intention of ‘The Company’ to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity. 

9. Privacy

9.1 We are committed to protect and respect customer privacy.

9.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).

9.3 Any personal details given by ‘The Customer’ shall not be passed or made available to any other company, organisation or third party.

9.4 ‘The Company’ shall only use ‘The Customer’ telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their works.

9.5 ‘The Company’ will not contact any previous customer post-service for marketing purposes.

10. Miscellaneous

10.1 Should the product/service ordered by ‘The Customer’ become unavailable, ‘The Company’ reserves the right to arrange the supply of an alternative product of a similar nature and value where appropriate or to arrange a refund for ‘The Customer’.

10.2 ‘The Company’ shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).

10.3 ‘The Company’ will supply and fit UC4 pressure treated timber, unless an alternative treatment is agreed.

10.4 It is the responsibility of ‘The Customer’, if desired, to paint timbers in optimal weather. Painting timber on very hot days will increase the chance of warping/ splitting/ twisting. ‘The Company’ accepts no liability.

10.5 Timber is a natural product. As such, timber is liable to split, warp, twist or otherwise adjust throughout the seasons. By agreeing to your estimate, you accept that ‘The Company’ is not liable for any claim of this nature.

10.6 Timber gates should be closed and secured when not in use.  ‘The Company’ will bear no liability for warping/twisting of gates that have been left open for extended periods of time.

10.7 It is the responsibility of ‘The Customer’ to adhere to advice given by ‘The Company with regards to aftercare.

11. Law

11.1 These terms and conditions shall be interpreted in accordance with UK Law.

11.2 All sales conducted through ‘The Company’ are subject to these terms and conditions.