General Terms & Conditions

1. Definitions

• In this document the following words shall have the following meanings:
• “Buyer” means the person who buys Goods from the Seller;
• “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
• “Goods” means the articles that the Buyer agrees to buy from the Seller;
• “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
• “Seller” means Atkinsons Fencing of Green Lane, Cutsyke, Castleford WF10 5JL;
• “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. General

• These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
• All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
• Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
• Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
• Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
• All pictures are for illustration only and colours and styles may vary
• All sizes are approximate and can vary i.e 6′ imperial appx 1.8m.

3. Price and Payment

• The price of the Goods shall be that stipulated in the Seller’s current List Price/on the Seller’s website/as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
• We are not responsible for any pricing errors and any errors will be rectified as soon as possible. If an error in the price is discovered after order we will inform you as soon as possible. We shall be under no obligation to fulfil an order for products priced incorrect. If the item has been charged you will recieve a full refund.
• Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
• Garden buildings, log cabins, summerhouses and sheds must be paid in full a minimum of 7 days prior to delivery or installation.

4. Delivery

• Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
• All Goods, wherever possible, will be delivered within 5 working days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
• Deliveries are Kerbside only, we are unable to take goods to the rear of a property.
• The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
• Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified (5 working days), the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
• Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
• All collections ordered online must be collected within 14 days of order.
• All deliveries should be carefully checked to ensure no damage is present and that the correct number of packages are present.
• If there is a discrepancy the delivery should be signed as unchecked, damaged or both.
• Discrepancy should be noted on the consignment / delivery note.
• The courier is obliged to wait until you have checked the delivery for up to 20 mins
• In some cases due to the length of the goods it may be required to help the courier remove the goods from the vehicle.
• No responsibility for damages or shortages can be taken when signed for as acceptable. If you sign for the delivery you are accepting the goods as in a good condition.
• Deliveries are UK Mainland but excludes some areas of Northern Scotland due to location. You will be contacted if this is the case and additional charges may be payable. Areas affected are determined by our hauliers coverage.

5. Warranty

• The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.

6. Cancellations and Returns

• The Buyer shall inspect the Goods immediately upon receipt and once signed for are deemed acceptable, if not signed for the buyer shall notify the Seller within 48Hrs of delivery that the Goods are damaged or do not comply with any of the Contract.
• Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or full credit (excluding delivery costs, if applicable). Email Atkinsons Fencing on weborders@atkinsonsfencing.co.uk or telephone us on 01977 550441.
• Full credit will only be given if the goods are returned to us in a saleable condition with all packaging, components, labels, leaflets and instructions. We reserve the right to reduce the amount of refund if the goods are not in saleable condition.
• Goods to be returned must clearly show the order number obtained from the Seller on the package.
• Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
• Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 5 days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any) return postage is at the cost of the buyer.
• All refunds/cancellations are subject to a 3% or £3 admin fee whichever is greater.
• Most of our products are made to order and are non returnable and can not be refunded, please ask before ordering.
• Cabins, summerhouses, bespoke buildings and sheds are made to order and are not returnable or refundable.

7. Damaged and Faulty Goods

• We endeavor to provide the best quality products and service and in every case will try to rectify any problems, but please note the following points listed below.
• Timber is a natural material and shades may vary from photographs on the web site.
• Timber may also shrink and expand in summer and winter.
• “Shakes” and “splits” may also occur during hot and humid temperatures these do not affect the longevity of the product.
• Knots are the area where a branch grew and sometimes a knot can become dislodged. Knot treatment can be bought from DIY stores should this happen.
• Care should be taken when handling timber as “spells” are often found.
• All products are hand made and while we do our best to ensure that every product is the same small differences can occur.
• Any damages must be reported in writing within 5 days of receipt of the goods.
• Knots in timber are caused by branches, these will vary in size and shape, sometimes they can displace and this is beyond our control.
• Note – any hairline cracks in concrete products will not affect the strength.
• Eco Fencing Product is a natural material and shades may vary from photographs on the web site.
• Please note as we are replicating the characteristics of timber and working with recycled material, products will vary in shade and texture. Some boards will have no grain and others will have grain effect, different shades may also occur to form a variable appearence, some products may also show the inner core material or exhibit characteristics of timber such as sap due to using a wood composite.. All these effects are normal and part of the manufacturing process and in no way affect the longevity of Eco Fencing. All photographs are for illustration purposes only and actual colours and shades may vary. The material will become lighter in appearence over time in much the same way as timber does.The warranty does not cover any changes to the colour of the product due to natural weathering, shade or colour variations, pigment residue or skin imperfections, storm damage or acts of god.
• Please note that at Atkinsons we pride ourselves on being honest, with this in mind, we would like to point out that timber is a natural product and it can split, warp, shrink and expand. Even though the timber is pressure treated it will still need maintaining with a good quailing product  Sap leakage is out of our control and is a natural process
  All these characteristics are normal and in no way affect the longevity of the product. Wax coat , Barratjne or wood oil  can be applied onto timber and this will give some protection against cracking and splitting. In all cases timber will need to be maintained and we advise to apply a coat as soon as possible once your products have been fitted.
  In the event of a proven manufacturing defect, the Company’s or Sellers total liability shall under no circumstances exceed the price of the timber. The Company or Seller shall not in any way be responsible for additional consequential costs or losses. During manufacture nails can split timber but this in no way affect the longevity of the product. This can happen during manufacture when a nail gun mis-fires but is within our tolerances for production. Colours may vary from photos on all products in this brochure. Most of our product is manufactured to order and so are non-returnable, please ask for details. Pressure treated timber will need to be maintained. We reserve the right to change designs and specifications without notice on all of our products. Due to variations in material costs prices may be subject to change without prior notice. Pricing errors are just that errors and the managements decision is final. See website for full terms and conditions
• Tanalith E is a water based preservative designed for pressure impregnation of timber. Tanalith E treated timber gives long term protection against Fungal Decay and insect attack as long as the timber is treated in accordance with the correct end use. Tanalith E does NOT protect against mould, as whilst unsightly mould does not degrade the timber. We would strongly recommend in all instances that all pressure treated timber is coated once installed with a suitable product.
• Mould fungi can grow in the water layer on wet and damp surfaces as you may have seen in bathrooms or in this case timber. The broth is often fluffy and may be white, green or black in colour depending on the species and presence of spores. On timber moulds feed on free sugars and starched naturally present in the sapwood of the timber and on deposits or detritus that collect on the surface of the timber. Mould need the correct temperature range, moisture and food to grow and in the case of timber over recent years the autumn is getting wetter and milder for longer and is giving the ideal conditions for mould growth. There are a number of mouldicidal washes on the market which could help with any occurrences of mould. To avoid the mould coming back the timbers should be coated once dry.
• Timber is a natural product, the timber from each tree will behave differently from the tree next to it and pieces of timber cut from the same tree will also behave differently. Each piece will have different strength characteristics, different treatability, different natural durability and a different susceptibility to mould and this is entirely normal with timber products.

Cabins, summer houses and garden buildings.

• Please note timber is a natural product and may warp , shrink, split , or crack, knots will be present and on occasion these can fall out , all these characteristics are normal in timber and are beyond our control.
• Any damages must be reported in writing within 5 days of receipt of the goods.
• Please note that some buildings come from the EU and have in excess of 150 individual components that are packed at the production stage. It is not practical or possible to unpack the buildings to check all components are packed. On occasion some parts can be missing or the wrong part packed. We can in most cases machine any missing parts in our factory to complete your build which will not affect the manufactures warranty. On the rare occasion when a replacement part will have to be sent from EU we will not be liable under any circumstances for any loses or third party costs this delay may cause.
• Some designs and specifications may change over time including door and windows styles. Photos are for illustration purposes only.

8. Limitation of Liability

• Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
• The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

9. Force Majeure

• Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

10. Severance

• If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11. Governing Law and Jurisdiction

• These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.