Company Terms & Conditions

1. Definitions

Business Day means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Customer means the person who places the Order for the Goods and Installation with NORTONS FENCING LTD.
Goods means the goods (or any part of them) as set out in the Quotation.
Installation means any preparation, setup and assembly of Goods by NORTONS FENCING LTD and their approved sub-contractors on the Customer’s property as outlined in the Quotation.
NORTONS FENCING LTD means Norton’s Fencing Ltd, a company incorporated in England and Wales with company number 08836772 and registered address St Andrews Castle, St Andrews South, Bury St Edmunds, Suffolk, England, IP33 3PH.

2. Goods and installation

2.1 The Customer acknowledges that wood is a natural product. Consequently, the differences in colour and structure, as well as the bending and cracking of the wood – which are natural characteristics – cannot give rise to any liability on the part of NORTONS FENCING LTD.
2.2 The Customer is responsible for obtaining all necessary permissions including any building regulations, planning or environmental permissions for the Installation of the Goods at the Customer premises.
2.3 All materials will remain the property of NORTONS FENCING LTD until payment is made in full and may be removed at any time without restriction should any monetary sum be outstanding.

3. Delivery

3.1 It will be the Customer’s responsibility to unload the truck(s). The Customer is deemed to have a forklift truck to unload the truck(s) at their own expense and risk.
3.2 The delivery times set by NORTONS FENCING LTD are approximate and without commitment, unless otherwise agreed in writing. A delay in the delivery or execution of the works can never give rise to a claim for any compensation, the termination of the agreement by the Customer, or justify the refusal to pay the agreed price in full.
3.3 Shipments are made at the Customer’s risk, even in the case of carriage paid deliveries. Unloading always takes place on a paved and easy-to-drive road. Damages that occur during unloading are never at the expense of NORTONS FENCING LTD.
3.4 If there is any delay in delivery of the Goods that is caused by the Customer, NORTONS FENCING LDT may not be able to complete the Installation. If this is the case, the Customer and NORTONS FENCING LDT will discuss and agree the next best date for Installation for both of the parties.
3.5 The Customer is solely responsible for any import duties, taxes, and other charges that may be levied by the destination country’s customs authorities. These charges are not included in the Quotation and must be paid by the Customer upon receipt of the Goods. NORTONS FENCING LTD shall not be liable for any additional costs or delays caused by customs clearance procedures.

4. Payment

4.1 The total amount payable by the Customer to NORTONS FENCING LTD under these Terms and Conditions shall be the fees as set out in the Quotation.
4.2 The number of running metres stated on the Quotation is only a rough estimate. NORTONS FENCING LTD has the right to charge the actual number of metres used for materials per bay and not the metres measured.
4.3 Installation prices are determined on the basis of normal soil conditions, i.e. there are neither stones nor roots in the soil. NORTONS FENCING LTD has the right to charge a surcharge if the soil conditions are not normal.
4.4 If extra length posts are necessary to carry out the Installation, NORTONS FENCING LTD will charge a supplement for this.
4.5 NORTONS FENCING LTD shall:
a) invoice the Customer for 25% of the fees upon receipt of the approved Quotation from the Customer;
b) invoice the Customer for 50% of the fees prior to the agreed Installation start date. NORTONS FENCING LTD reserves the right to postpone Installation until the payment has been made;
c) invoice the Customer for the remaining 25% of the fees and any agreed deviations from the initial Quotation upon completion of the Installation.
4.6 The Customer shall pay each invoice issued by NORTONS FENCING LTD within 5 Working Days of the date of the invoice to a bank account nominated in writing by NORTONS FENCING LTD.
4.7 NORTONS FENCING LTD reserves the right to suspend the supply and installation of Goods if the Customer does not pay any amount due under these Terms and Conditions on the due date for payment.

5. Force majeure

Unless stated otherwise and without prejudice to the legal provisions of public order or mandatory law, NORTONS FENCING LTD cannot be held liable for: accidental damage or damage resulting from force majeure or weather conditions; damage caused by inappropriate and/or injudicious use and/or lack of maintenance; damage caused by a fault or negligence on the part of NORTONS FENCING LTD or one of its own appointees, employees, or agents; indirect damage on the part of the client or third parties, such as (but not limited to) trading loss, consequential damage, loss due to delay, loss of profits, damage resulting from infringement of the rights of third parties. NORTONS FENCING LTD shall, however, be liable for its wilful misconduct, its gross negligence, or that of its appointees or agents. NORTONS FENCING LTD shall not be liable for damage to third parties and shall not be bound to indemnify the client against any damages, even in case of gross negligence. NORTONS FENCING LTD shall not be liable for any damage caused to pipelines or other obstructions situated on or around the place where the fence is to be erected.

6. Governing law and jurisdiction

These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by the laws of England and Wales.