Definitions

1. Contractor (South Downs Fencing Division) representing all staff directly or indirectly employed by the company.  
2. Client: Person commissioning specified works, unless he/she acts on behalf of a third party when written. confirmation (and billing details) would be supplied beforehand.  
3. Quotation: Written specification of the works on site and then sent to the Client.  
4. Works: Refers to fencing variation advice.  
5. Contract: Agreement between the Contractor (South Downs Fencing) and the Client in which the Client requests.the Contractor to carry out specific works and the Contractor agrees for a given remuneration. 

Quotations

6. All quotations are without obligation and are valid for 4 weeks from their date of issue, after which time the Contractor is entitled to draw up a new quotation or amend costs.  
7. Client must provide the contractor with all relevant information at the time of enquiry (e.g., any certification/ licences required, protective legislation, reverse charge: VAT Act 1994 Section 55A applies etc). The Contractor reserves the right to charge the client additional fees for administrational time spent on tasks that were not advised at the time of the order. 
8. Quotes are based on the information available at the time and may be subject to change if site conditions differ. 
9. The Company reserves the right to revise pricing due to unforeseen circumstances, including but not limited to: 
Ground conditions 
Access restrictions 
Changes requested by the Customer 

Entering an agreement, acceptance of the contract and programming of the work:

10. The contract takes effect on acceptance on acceptance of our quotation (whether verbal or in writing) a binding contract will be formed between us and you (the Contract). You are entitled to a 14-day cooling off period following acceptance of the quotation. However, if within this 14-day cooling off period you instruct us to carry out any of the works contained in our quotation you will have waived your right to this cooling off period. When you accept the quotation, we will start the work planning process which may include dealing with permissions from the Local Authority. We will advise you of the estimated completion date for your work. 
11. The Client must advise the Contractor of any underground services near the posts prior to starting the job. 
12. Where works are proposed to third party trees, i.e., ‘neighbour’s fence, the Contractor will require written confirmation from the fence owner (‘the neighbours’) that the works are agreed and where necessary, that access is permitted. 
13. Quotes are based on the information available at the time and may be subject to change if site conditions differ. 
14. The Contractor commits itself to executing the works to the best of its ability employing professional knowledge, skills, and experience, with due regard to the Client’s requirements and in compliance with all relevant regulations and standards. The site will be left generally ‘clean, tidy and safe’ but because of the nature of the works (including the production of wood dust, conditions may not be exactly as they were prior to commencement of works.
15. The Customer must ensure: Clear access to the worksite Accurate boundary information Removal of personal belongings from the work area 
16.  The Company is not responsible for: Damage to undisclosed underground services (e.g., pipes, cables) Boundary disputes arising from incorrect information provided by the Customer 
17. We will ask for your signature upon completion of the works to confirm that you are satisfied, however if you are not present and if you are dissatisfied with our services, this must be raised by telephone or email within 24 hours of completion of the works. 

Alteration/Withdrawal/End of Contract 

15. The Client is required to give a minimum of 48 hours’ working day notice of cancellation of scheduled works. A charge may be levied if less notice is given.
16. In the event of a variation to the original quotation, a revised quotation will be provided either verbally or in writing, depending on the time constraints at that time.
17. The Company will carry out work with reasonable skill and care.
18. Installation times are estimates and may vary due to weather, supply delays, or unforeseen conditions.
19. Minor variations in materials or finish may occur and do not constitute defects.
20. Timber and natural materials may: Warp, split, or change colour over time Show natural imperfections. These characteristics are not considered faults. 
21. Ownership of goods remains with the Company until full payment is received. 
22. The Contractor reserves the right to delay or cancel works that: (a) are deemed a potential hazard (b) are affected by inclement/dangerous weather (c) interfere with the safe retention of wildlife habitats (d) are compromised by unforeseen circumstances.  
23. Cancellations; The Customer may cancel work with written notice. 
24. Deposits may be non-refundable if materials have been purchased or work scheduled. 
25. The Company reserves the right to charge for costs incurred up to the cancellation date. 
26. In the event of a contract being withdrawn by the Client after works have commenced, he/she will pay the Contractor 75% of the remuneration agreed upon at the start of the contract.  
27. In the event of bankruptcy or liquidation of the Client, the Contractor is entitled to delay the contract, ask immediate payment of the remuneration agreed upon or annul the contract.  
28. In the event of a force majeure, including all exterior causes (foreseen or unforeseen) over which the Contractor has no influence, and which prevents it from meeting its obligations, the parties will agree to either suspend or annul the contract.  
29. The Contractor’s contractual obligations end upon receipt of a written/verbal statement by the Client approving the works undertaken. The Client’s contractual obligations end upon receipt of the remuneration by the Contractor.

Liability

30. The Contractor has £10million Public Liability Insurance - a copy of the certificate is available on request. 
31. The Contractor will operate in accordance with good industry practice, its Health & Safety Policy and Procedures, and will undertake Site Specific Risk Assessments, the outcomes of which may place constraints on the site whilst works are in progress.  
32. The Contractor is responsible for damage that is the direct and demonstrable result of a shortcoming for which the Contractor can be held accountable.  
33. The Contractor does not accept liability for any damages to (underground) services that were not advised of by the Client prior to commencement of the works (see No. 11).  
34. The Contractor does not accept liability for any damages that occur to any hired machinery, equipment or resources provided by the Contractor in order to complete the client’s works. This includes but is not limited to skips, mobile elevated work platforms, or traffic management resources.
35. The Contractor does not accept liability for any damages that occur to it’s own kit that is caused as a result of the client’s unauthorised use.
36. The Client is responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property.
37. The Client is bound to indemnify the Contractor from any claims from third parties arising after completion of the works.
38. The Contractor will undertake the works as scheduled but is aware of possible constraints by ecological and wildlife legislation including: a) Wildlife and Countryside Act 1981; b) Countryside and Rights of Way Act 2000; c) Conservation of Habitats and Species Regs. 2012 (amendment). This legislation requires the Contractor to assess the impact of the works which may result in delays due to nesting birds, roosting bats or similar, being present. A re-visit to finish off incomplete works due to an unforeseen stoppage of works may incur costs.

Amendments