The customer will be deemed to accept these terms of business and conditions of sale when instructions are given by the customer to proceed.

1. DEFINITIONS

In this document the following words shall have the following meanings:

1.1 “Buyer” means the person who buys Goods from the Seller;

1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;

1.4 “Seller” means Lancashire Gates, Westinghouse Close, Miry Lane Industrial Estate, Wigan WN6 7TN

1.5 “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

2.1 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.

2.2 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.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions and of the product(s) delivered.

2.4 Any variation to these Terms and Conditions shall be inapplic
able unless agreed in writing by the Seller.

2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.6 On delivery only items, product type or sizing shall remain the Buyer’s responsibility which will be confirmed on a ‘confirmation order’ which will be sent after placement of order. Drawings are also acceptable as confirmation providing all information is clearly noted down. Any information not on such drawing or confirmation can/will not be counted during manufacture.

3. PRICE AND PAYMENT

3.1 The price of the Goods shall be that stipulated in the Seller’s Quotation at the date of order or as agreed between the parties. The price is exclusive of VAT and exclusive of any delivery charges unless otherwise stated.

3.2 Payment terms for items to be delivered. A 33% deposit (non-refundable) at time of order, 33% once manufacture begins, and the final balance upon installation of your gates. Payment can be made by Bacs. In some cases these terms may be adapted, and outlined via email as part of the confirmation process. .

3.3 Prices are typically quoted exclusive of VAT. The current VAT rate will be added to your invoice. Prices are subject to alteration without prior notice. Orders are accepted at the prices applying at the time of order.

3.4 Payments not received will void any warranty/guarantee and may result in further action being taken to retrieve the goods/services or through a third party debt collection agency. Late payments over 7 days late will incur a late payment fee. We reserve the right to stop any other work by Lancashire Gates.

3.5 Prices offered will only be honoured for 10 working days.

3.6 Prices offered or shown by human error or computing glitches will not be honoured and a refund or compromise price will be offered at managerial discretion

3.7 Prices offered for installation are estimations only, especially where posts are sunk into the ground. Lancashire Gates reserve the right to update price before, during and after the work has taken places to cover any unforeseen costs.

3.8 You have a 7 day cooling off period from the time you place the order. If you wish to cancel your order, you must contact us before the 7 day deadline has passed, you can let us know by telephoning 0161 818 9987 or via the web site contact form . Due to the customised nature of the product, your order will not be actioned until this 7 day period has expired. If you request to waive these rights in writing we will proceed before the 7 day period. After this period we may charge for any drawings or materials used including but not limited to labour/time.

4. DELIVERY and INSTALLATION

4.1 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.

4.2 The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery or instalation. 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.

4.4 Title (ownership) and risk in the Goods shall pass to the Buyer upon delivery. NOTE. We use a third party courier service in some cases. In these case please check all items are present and undamaged. If items are damaged they must be refused or signed as damaged and we must be notified immediately so that we can inform the couriers for insurance purposes. Any items damaged and signed for in good condition or notified after 48hrs cannot be refunded or replaced under warranty/guarantee.

4.5 Unless otherwise stated by Lancashire Gates , The Customer must provide a clear working area for The Company’s delivery and work area. The Company shall carry out its work on a continuous basis during normal working hours. If special visits have to be made to the site or work has to be carried out in an uneconomical operative being denied access to or waiting on site or having to return to the site to commence or continue work. The Company reserves the right to make an extra charge to cover such cost.

4.6 The Customer must take full responsibility for rubbish clearance. The Company shall only install the goods into fully prepared openings with solid structural sides all round to enable a level, firm and secure fixing of the goods; these include steel, solid brick timber& concrete. If The Company cannot install the goods due to incorrect opening sizes, openings not being of a structural sound quality to enable level, firm and secure fixing, disruption by other trades or obstruction e.g. scaffold being directly outside or inside the opening aperture, 100% of the quoted fitting cost will be liable.

4.7 The Company reserves the right to incur additional costs to The Customer for re- attending the site to complete works. If an opening has to be adjusted in any way to enable the goods to be fitted the making good of the structure is the responsibility of the customer.

4.8 If a return visit to the site is requested a minimum payment plus VAT (amount will depend on where the site is) will be made to the company, this payment will be refunded if the company agrees that the responsibility of any works is theirs. Unless previously agreed The Company reserves the right to photograph the installation of any products. The photographs remain the property of The Company who reserves the right to use the images in any company literature. Any unauthorised reproduction of any photos will constitute a breach of copyright.

5. RESPONSIBILITY

5.1 The Company’s workmen are instructed to exercise due care and attention in completing their work and The Company will not accept responsibility for damage to the fabric or the contents of the buildings or the work of other trades however caused. The Company will not be liable for any fixing charges incurred by The Customer a rising from any goods or materials or work done proved to be defective or delayed and shall not be responsible for any additional overheads, administrative expenses, contractual penalties or other cost, claims and demands arising from The Customer’s obligations to any third party and due indirectly or directly to any defects or delays in the goods or materials supplied or work done by The Company. The Customer accepts that it is their responsibility to insure against these risks.

Any alleged shortage, delay, damage or defect shall not constitute valid grounds for The Customer to delay payment in respect of the goods delivered and for the avoidance of doubt The Customer shall be required to pay for all goods and material supplied.

6. WARRANTY

6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description within the confirmation documents given by the Seller.

6.2 The buyer must check all confirmation documentation and itemised sales order upon receipt via email/post and confirm details are correct. Manufacturing will not commence until we have received this confirmation in writing, email/post.

6.3 Changes or additions to the order in any way may involve an extra charge being applied and/or cause rescheduling of delivery / installation.

7. REFUNDS

7.1 Lancashire Gates gates are made to order and therefore are non – returnable and no credit can be given. A deposit of 33 % of the total value of any stock item or custom made order is required at the time of ordering. If applicable, the deposit can extend to 50% of the order, when specialist woods are requested. A second payment of 33% is required prior to manufacture and final agreement on measurements and design. If the order is cancelled the deposit will be retained to contribute towards covering our costs. Orders cannot be amended once they have been placed, after the second deposit is paid.

8.GUARANTEES

8.1 In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship. Faulty workmanship is defined as horizontal joints pulling apart.

8.2 Any outstanding payments not made in full to Lancashire Gates or associated/subcontracted companies will void any/all guarantee.

8.3 We cover faulty workmanship for 1 year standard however due to the nature of the materials ie. timber, the guarantee/warranty DOES NOT cover natural movement, twisting, shrinkage, splits, bowing and all problems relating to this. Your gates may need adjusting after they have settled which we can advise on over the phone/email or we can return to adjust within the first 30 days.

8.4 If any products are supplied untreated. The buyer accepts full responsibility for treatment of all items. Failure to apply sufficient suitable treatment will result in any warranty/guarantees being void

8.5 The guarantee/warranty will also be null and void to products that a re ‘poorly’ fitted or automated by anyone other than Lancashire Gates installers. when this was not how the gates were purchased. And/or automated incorrectly ie underground automation arms not extended.
All of these factors we class as abuse and Lancashire Gates will NOT take responsibility.

8.6 Any products reported to be not fit for purpose or having a manufacturing fault must be removed from use immediately so they can be returned/inspected by Lancashire Gates or a authorised third party. Splits/Cracks/Warps/Twists/Distortion is NOT a manufacturing fault. In the event of a Product experience this kind of movement during extreme hot/cold/wet/dry weather will normally return to its previous form when the weather stabilises.

8.7 The guarantee/warranty will also be null and void to Gates that are not suitably treated sufficiently by the customer, if the responsibility to finish the gates is passed to the customer. We define this as at least 3 coats of treatment (for colour finish using Sikkens HLS and Sikkens Filter 7 and for a clear finish Sadolin extra durable clearcoat ) after installation within the first 1 week. All of these factors we class as abuse and Lancashire Gates will NOT take responsibility.

8.8 Automated Gates shall also be covered under the terms and conditions of our installation partners, and be supplied via email once the initial deposit has been secured. Should any further call out be required for adjustment or malfunctions a call out fee will
apply. We do offer maintenance contracts also. Please contact us for a quote.

8.9 Guarentees for our top-end bespoke range are extended to 5 years for faulty workmanship and carry the same conditions as the standard guarentee. This extended guarentee also includes a complimentary servicing taking place after the first year to assess any movement in the gates. This will be indicated in the intial quote and confirmed in writing. Only gates with this status, and the staus confirmed in writing, have access to the extended guarentee. 8.10 Gates that carry our yearly maintenance package carry an extended standard guarentee (as described in 8.1) for each year that the package is maintained with the customer. Details on this are provided on request, by emailing us, or refering to the website documentation. 8.11 Gate safety is a high priority of Lancashire Gates Fitters. We will do our up most to advise of all safety aspects regardless if it is a manual or automated system. Should there be anything that arises during the installation this will either need to be confirmed in writing that you accept the responsibility of the safety concern or alternatively agree additional work to rectify the issue.

9. LIMITATION OF LIABILITY

9.1 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.

9.2 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.

10. 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.

11. 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.

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12. 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.