Terms and Conditions of Sale – Standard (Non-Consumer) and Business

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Terms & Conditions of Sale

Standard (Non-Consumer) and Business

Full terms and conditions for the contract of Sale of Goods between the Company and the Buyer are as follows:

1. Definitions

“The Company” means Crestala Fencing & Construction Co Ltd.
“The Buyer” means only the customer who is not a consumer within the meaning of paragraph 2.3 of the Consumer Rights Act 2015 to whom goods are supplied subject to these conditions.
“The Goods” means any goods, materials & accessories supplied by the Company to the Buyer subject to these conditions.
“The Contract” means any agreement for the purchase of Goods by the Buyer.

2. Existence of Contract

Any written quotation issued by the Company shall constitute an invitation to treat. No binding Contract shall be created by the placing of an order by the Buyer until acceptance by the Company has been confirmed, or the Buyer collects the Goods or the Company has delivered the Goods to the Buyer.
These terms and conditions shall apply to all Contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order or similar document.
All orders for Goods shall constitute an offer by the Buyer to purchase the Goods subject to these terms and conditions, which shall be deemed accepted by the Buyer upon the making of such offer.
Special order items may be subject to special conditions of sale, which will be agreed upon at the time of quote or order.
The terms and conditions set forth herein constitute the entire terms and conditions of the Contract of sale of the Goods between the Company and the Buyer and may not be amended or supplemented except with the express written consent of the Company.
Particulars contained in any advertising, website, catalogues or other publications supplied by the Company are only for the general guidance of the Buyer (including any references to weights, dimensions or performance), nor shall any verbal representation by any employee or agent of the Company form part of the Contract. Nor shall they be treated as constituting a representation on the part of the Company.
The Buyer is responsible for the timely provision of any applicable accurate drawings or specifications required by the Company to enable it to fulfil the Contract.

3. Amendments and Cancellation of Orders/Contracts

No amendments to these conditions shall be binding on the Company unless accepted in writing by a Director of the Company.
The Contract may not be cancelled or varied by the Buyer except with the written consent of the Company.
Any orders that have been prepared for delivery or collection prior to cancellation being agreed will be subject to a minimum restocking charge of 10%.

4. Prices

All prices are liable to change without notice. Prices used in the Contract will be those ruling on the date ordered unless otherwise agreed in writing.
The prices on our website include VAT, which is calculated at the rate ruling on the date of the VAT invoice.
The Company shall have the option of supplying Goods ordered in imperial measurements with the nearest equivalent metric measurement and the Goods priced accordingly.

5. Settlement Terms

Unless otherwise agreed in writing by the Company, all non-account orders for Goods must be paid in full when collected or before delivery. Payment by personal or company cheques must be cleared through the UK bank clearing system prior to collection or delivery of the Goods unless otherwise agreed at the time of ordering.
Buyers’ credit accounts are opened subject to the approval of satisfactory references and (unless otherwise agreed by the Company in writing) the terms of payment shall be net cash monthly account due and payable on the last day of the month following the month in which the Goods were dispatched or collected or would have been dispatched or collected save for postponement at the request of the Buyer or otherwise than due to default of the Company.
The Buyer shall not be entitled by reason of any dispute relating to the Goods or any claim made by the Buyer under this or any other Contract to withhold payment of any amount which is due to the Company.
If the Buyer fails to pay the money for any Goods on the due date or fails to pay any sum due to the Company under any Contract on the due date all sums outstanding between the Buyer and the Company shall become immediately payable and the Company shall be entitled to do any one or more of the following (without prejudice to any other right or remedy the Company may have):
- Require payment in full in advance of any collections or deliveries.
- Cancel or suspend any further collections or deliveries to the Buyer without liability to the Company.
- Without prejudice to the generality of term 7 of these terms and conditions, exercise any of the Company’s rights pursuant to that clause.

6. Terms of Supply and Delivery

Times and dates quoted by the Company for the supply of Goods and/or delivery are intended as estimates only, and time is not of the essence of the Contract.
The Company shall not be liable in any way for any direct or indirect loss, damage or expenses (including but not limited to loss of profits and liability to third parties) suffered or incurred by the Buyer as a consequence of any delay in supply or delivery of Goods. Further, the Company’s liability shall be limited to the value of each relevant order.
The Company reserves the right to supply Goods in instalments and to issue a separate invoice for each instalment. Where the Goods are supplied by instalments, the Contract shall become severable, and each instalment shall be deemed to be the subject of a separate Contract. No default or failure by the Company in respect of any one or more instalments shall entitle the Buyer to treat the Contract as repudiated.
The Company reserves the right to apply a delivery surcharge as notified from time to time.
Delivery addresses are to be within the Company’s published delivery area. Delivery to other areas will be made by special arrangement only.
Deliveries will be at the Buyer’s premises or at an address agreed at the time of ordering or as indicated in the Buyer’s purchase order. The Buyer will notify the Company of any access limitations at the time of ordering.
Date and time of deliveries will be solely at the convenience of the Company. Deliveries will be made to the front or roadside of the property, accessible via a good, hard road, and offloading will occur adjacent to the vehicle's near side. Goods cannot be moved over long distances. The Buyer may provide labour to assist with unloading or moving the Goods. If the delivery vehicle cannot be unloaded within a reasonable time, or if it returns without unloading, or additional staff are needed, an extra charge may apply. The Goods may be heavy, large, and difficult to handle. Anyone assisting the driver with unloading does so at their own risk and should be familiar with manual handling and risk assessment techniques, having received appropriate training. The Buyer accepts responsibility for all claims, damages, and liabilities arising from anyone assisting with unloading.
Once the Goods have been delivered, the Buyer is responsible for compliance with all regulations and for taking all the necessary steps to ensure the protection and safety of persons and property.
If Goods are collected from the Company, then the Buyer is solely responsible for the weight, size, positioning and restraint of the load on the vehicle.

7. Property and Risk

The risk of loss of or damage to the Goods shall pass to the Buyer when they come into the physical possession of:
- The Buyer, or
- A person identified by the Buyer to take possession of the Goods.
The subsection above does not apply, with the consequence that the Company bears no further risk once the Goods are made available to the carrier, if the Goods are delivered to a carrier who:
- Is commissioned by the Buyer to deliver the Goods, and
- Is not a carrier the Company named as an option for the Buyer.
The above provision shall in no way limit the carrier’s liability, if any, towards the Buyer.
Property and ownership in the Goods shall, notwithstanding collection or delivery of the Goods by/to the Buyer, not pass from the Company until the Buyer shall have paid the Company in full pursuant to clause 5.
The Company shall be entitled at any time to recover any or all of the Goods in the Buyer’s possession to which the Company has title.

8. Claims for Defects, Damage or Non-Delivery

The Buyer shall inspect the Goods on collection or delivery and shall, within two days following that date, notify the Company of any alleged defect, shortage in quantity or failure to comply with description or sample. The Buyer shall give the Company an opportunity to inspect such Goods at the Company's premises, the Buyer’s premises or delivery site within a reasonable time following collection or delivery and before any use is made of the Goods.
If the Buyer shall fail to comply with the foregoing, the Goods shall be conclusively presumed to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods, and the Buyer shall be deemed to have accepted the Goods.
If the Buyer establishes to the Company’s reasonable satisfaction that the Goods are not in accordance with the Contract or are defective, the Buyer’s sole remedy in respect thereof shall be limited, as the Company may elect, to making good any shortage, to repairing or replacing such Goods or refunding all, or part of the Contract price against the return of the Goods.
Subject to the provisions of this Condition 8, all warranties and conditions, whether implied by statute or otherwise, are hereby excluded, except those which are deemed by law to be mandatory.

9. Limitation of Liability

9.1 The Company’s liability to the Buyer, whether for any breach of the Contract or otherwise, shall not, in any event, exceed the Contract price. The Company shall be under no liability for any consequential or indirect loss suffered, or liability to third parties incurred by the Buyer.
- 9.1.1 The Company does not restrict or exclude liability for death or personal injury caused by the negligence of the Company.

10. Force Majeure

The Company shall not be liable for failure to deliver the Goods for any reason whatsoever outside the reasonable control of the Company including, without limitation to the generality of the foregoing, industrial action, war, storm, fire, explosion, flood, governmental actions or regulation, act of God, riots, strikes, lock-outs, or non-availability of stocks or materials. Any failure of this type shall not affect the obligation to pay for Goods already delivered.

11. Compliance with Statute

The Buyer is responsible for ensuring that the use of the Goods complies with all and any relevant statutes, statutory instruments and regulations having the force of law and any relevant British Standard and shall fully indemnify the Company against all costs, claims, expenses, and liabilities suffered or incurred by the Company as a result of any non-compliance by the Buyer.

12. Severance

Any provision or term used in these terms and conditions which is or may be void or unenforceable shall, to the extent of such invalidity or unenforceability, be deemed as severable and shall not affect any other provision.

13. Waiver

No waiver or forbearance by the Company, whether express or implied, in enforcing any of its rights hereunder shall prejudice its right to do so in the future.

14. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing, addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this condition to the party giving the notice.

15. Assignment

The Buyer may not assign, subcontract, or in any way dispose of its right or obligations under the Contract without the prior written consent of the Company.

16. Legal

All aspects of the Contract shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.

17. Materials

The Company reserves the right to amend the product specifications without notice.
Timber is a natural product and, as such, can absorb or release moisture under certain conditions. These natural processes are generally not detrimental, but some movement in the timber may be unavoidable. This can include checks, splits, or shakes, particularly on larger sections such as posts, and does not affect the performance or lifespan of the product. Accordingly, in each of these circumstances, the Company cannot be held liable for breach of contract.
The temporary distortion of fence panels and feather-edge boards, due to high temperatures, shall not be regarded as a defect of the product, nor in any event as a breach of this Contract.

18. Returns

Goods, not present in the following list, can be returned for credit or refund, subject to the following conditions:

Goods have to be standard stock items in good, resalable condition, complete with their original packaging.
The request for return must have been submitted less than 14 days from the date of purchase and must be accompanied by the original receipt.
The Company will apply a minimum administration charge of 20% and shall be entitled to recover from the Buyer any costs incurred in recovering the Goods, if not done by the Buyer.

The following items will NOT be accepted for refunds or credit:

Post-mix and Cement, or any powder products.
Aggregates (Bulk or plastic bags of sand, ballast, shingle, tarmac or winter grit).
Any liquids (Wood treatments, wood preservatives, end seals, wood oils, wood cleaners or bitumen products).
Any timber cut to size, mortised or machined especially to meet your order.
Any special order products (Products purchased or manufactured specifically to fulfil your order).
Individual items from a discounted multi-buy purchase.

Refunds are made in the same way as the original payment was received (Card, BACS or Cash). In all cases, the credit will not be processed until the Goods have been returned to the Company’s yard and inspected.

Terms & Conditions - Standard (non consumer) & Business