7. Trees, Roots and Vegetation

7.1 Where fencing is installed close to trees, hedges or substantial root systems, installation may be affected by roots and vegetation. 

7.2 We will take reasonable care when working around existing trees and vegetation. 

7.3 We will not remove, cut or substantially damage tree roots without the customer's authority, except where minor root disturbance is reasonably necessary to complete the agreed fencing works. 

7.4 The customer is responsible for ensuring that any required tree-related permissions or restrictions have been addressed unless this forms part of our agreed scope of work.

8. Gates and Moving Parts

8.1 Gates are affected by ground movement, weather, moisture and normal settlement. 

8.2 Wooden gates may swell or shrink with changes in moisture and temperature. Minor adjustment may therefore occasionally be required. 

8.3 Hinges, latches, locks and other moving components are subject to normal wear and may require maintenance or adjustment. 

8.4 Where automation or electrical equipment is installed by a third party, any warranty or fault relating to that equipment will be subject to the relevant manufacturer's or installer's terms.

9. Workmanship

9.1 We will carry out the agreed works with reasonable care and skill. 

9.2 We will make reasonable efforts to ensure that fencing is installed securely and in accordance with the agreed specification. 

9.3 Minor variations in height, alignment and appearance may occur due to the natural contours of the ground and characteristics of the materials. 

9.4 Unless specifically agreed, fencing will follow the general contours of the existing ground rather than being installed to an artificially level line. 

10. Waste and Disposal

10.1 Where disposal of waste is included in the quotation, we will remove and dispose of the agreed waste using appropriate disposal arrangements. 

10.2 Waste or materials not included in the quotation may incur an additional charge. 

10.3 The customer must not add additional waste to our disposal loads unless this has been agreed in advance. 

11. Weather and Delays

11.1 We reserve the right to postpone or suspend works where weather or ground conditions make it unsafe or impractical to proceed. 

11.2 Examples include severe rain, flooding, high winds, snow, frozen ground or other conditions that could compromise safety or the quality of the installation. 

11.3 Where works are delayed for reasons outside our reasonable control, we will seek to rearrange the work as soon as reasonably practicable. 

11.4 We are not liable for losses arising solely from delays caused by circumstances beyond our reasonable control. 

12. Payment

12.2 We may require a deposit or advance payment for materials before work commences. Where applicable, this will be stated on the quotation. 

12.3 Deposits may be used towards the cost of materials, labour and other reasonable costs incurred in preparing for and carrying out the works. 

12.4 The customer must not withhold payment of an undisputed amount because of a separate dispute concerning another part of the works or invoice. 

12.5 Where an invoice remains unpaid after the agreed payment date, we reserve the right to suspend further works until the account is brought up to date. 

12.6 We reserve the right to recover reasonable costs associated with recovering overdue payments, where permitted by law. 

13. Changes and Additional Work

13.1 The customer may request changes to the agreed works. 

13.2 Changes may aAect the price and completion date. 

13.3 We will notify the customer of any significant additional cost where reasonably practicable before carrying out the additional work. 

13.4 Additional work requested after commencement may be charged separately. 

14. Cancellation by the Customer

14.1 Where the customer cancels works after accepting our quotation, the customer may be responsible for reasonable costs already incurred by us, including materials ordered specifically for the project, labour, preparation and other non-recoverable expenses.

14.2 Where a deposit has been paid, any refund will be considered after deduction of reasonable costs already incurred. 

14.3 Nothing in these Terms & Conditions affects any statutory cancellation rights that apply to consumers under UK law. 

15. Consumer Contracts and Cancellation Rights

15.1 Where the customer is a consumer and the contract is entered into away from our business premises or by means of distance communication, statutory consumer protection and cancellation rights may apply. 

15.2 Where the customer requests that work begins during a statutory cancellation period, we may require confirmation of that request where required by law. 

15.3 Where the customer has expressly requested that services commence before the end of the cancellation period, the customer may be required to pay for services supplied up to the point of cancellation, subject to applicable law. 

15.4 Nothing in these Terms & Conditions seeks to exclude or restrict any consumer rights that cannot lawfully be excluded or restricted.

16. Completion of Works

16.1 The works will be considered substantially complete when the agreed fencing, gates or other works have been completed, subject to minor finishing items or matters outside our reasonable control. 

16.2 The customer should inspect the works as soon as reasonably practicable following completion. 

16.3 Any concerns regarding workmanship or materials should be notified to us promptly so that we have a reasonable opportunity to investigate and, where appropriate, remedy the issue.

17. Defects and Guarantee

17.1 We will rectify genuine defects in our workmanship that are notified to us within a reasonable period following completion, subject to the terms of any specific guarantee provided with the quotation. 

17.2 Our workmanship guarantee does not cover damage, misuse, accidental damage, unauthorised alterations, vandalism, storm damage, ground movement, subsidence, impact, natural deterioration or changes caused by weather and normal use. 

17.3 Natural timber movement, including shrinkage, swelling, splitting, cracking, twisting, warping and surface checking, is not normally considered a workmanship defect. 

17.4 Materials supplied by third-party manufacturers may be subject to the manufacturer's own warranty or guarantee. 

17.5 Where a manufacturer's warranty applies, we will provide reasonable assistance with a claim where appropriate, but we cannot guarantee the outcome of a manufacturer's warranty claim. 

18. Liability

18.1 We will carry out the works with reasonable care and skill. 

18.2 Nothing in these Terms & Conditions excludes or limits liability where it would be unlawful to do so. 

18.3 Subject to applicable law, we will not be responsible for losses arising from circumstances outside our reasonable control. 

18.4 We are not responsible for pre-existing defects, structural problems or damage to structures that were not caused by our negligence or breach of contract. 

18.5 Nothing in these Terms & Conditions limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited. 

19. Property Damage 

19.1 We will take reasonable care to avoid damage to the customer's property. 

19.2 Fencing work may involve digging, excavation, movement of materials and the use of tools and machinery. Minor disturbance to lawns, soil, paving or surrounding areas may occur. 

19.3 Where reasonably practicable, we will take appropriate steps to minimise such disturbance. 

19.4 We are not responsible for damage caused by concealed defects, unstable structures, incorrectly positioned services or conditions that could not reasonably have been identified before works commenced. 

20. Photographs and Marketing

20.1 We may take photographs of completed works for our records, quality-control purposes and to demonstrate our services. 

20.2 We will not knowingly use photographs containing identifiable individuals without appropriate permission. 

20.3 Where photographs are used for marketing purposes, reasonable steps will be taken to avoid displaying personal information such as house numbers, addresses or other identifying details unless permission has been obtained.

21. Intellectual Property 

21.1 Any photographs, designs, drawings, written specifications or other materials produced by us remain our property unless otherwise agreed. 

21.2 Such materials must not be reproduced or used commercially without our permission.

22. Complaints

22.1 We aim to resolve any concerns promptly and fairly. 

22.2 If you are unhappy with any aspect of our work, please contact us as soon as possible and provide details of the issue. 

22.3 We will investigate the complaint and, where appropriate, arrange a reasonable opportunity to inspect the works. 

22.4 We ask that customers give us a reasonable opportunity to rectify genuine defects before arranging for another contractor to undertake remedial works, except where urgent action is reasonably necessary. 

23. Force Majeure

23.1 We will not be liable for failure or delay in performing our obligations where this is caused by circumstances beyond our reasonable control. 

23.2 Such circumstances may include extreme weather, flooding, fire, industrial disputes, shortages of materials, transport disruption, utility failures, government restrictions, public emergencies or other circumstances outside our reasonable control.

24. Data Protection

24.1 We will process personal information in accordance with our Privacy Policy and applicable UK data protection legislation. 

24.2 Customer information will be used for legitimate business purposes, including providing quotations, arranging works, communicating with customers, invoicing and maintaining business records. 

25. Subcontractors

25.1 We may use suitably qualified and competent subcontractors or other contractors where reasonably necessary to complete the agreed works. 

25.2 We remain responsible for managing the works undertaken on our behalf in accordance with the agreed contract. 

26. Commercial Customers

26.1 Where the customer is acting in the course of a business, diAerent payment, liability or contractual terms may be agreed in writing. 

26.2 Unless otherwise agreed, these Terms & Conditions will apply to commercial customers as well as domestic customers, to the extent permitted by law.

27. Governing Law

27.1 These Terms & Conditions and any contract between the Company and the customer are governed by the laws of England and Wales. 

27.2 Any disputes will be subject to the jurisdiction of the courts of England and Wales, unless applicable law provides otherwise. 

28. Changes to These Terms & Conditions

28.1 We reserve the right to update these Terms & Conditions from time to time. 

28.2 The version applicable to a particular contract will generally be the version in force when the quotation was accepted, unless otherwise agreed.

South Downs Fencing A trading division of Arbor Call Ltd 

For enquiries regarding these Terms & Conditions, please contact us using the contact details provided on our website.