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Terms and Conditions and Warranty

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Nick Smith Fencing

These Terms and Conditions set out the basis on which Nick Smith Fencing provides fencing, gate, decking, shed and related installation services. By accepting a quotation or instructing us to carry out works, you agree to be bound by the following terms.

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1. Definitions

“We”, “Us”, “Our” refers to Nick Smith Fencing.
“You”, “Customer” refers to the person or organisation requesting works.
“Works” refers to all fencing, gate, decking, shed, repair, installation or related services carried out by us.

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2. Quotations and Acceptance

All quotations are provided free of charge and are valid for a period of 30 days unless otherwise stated.

Quotations are based on the information available at the time of inspection. Should unforeseen conditions arise during the works, including ground conditions, hidden obstructions or access limitations, additional costs may apply. We will always discuss and agree any variations with you before proceeding.

Acceptance of a quotation, either verbally or in writing, constitutes acceptance of these Terms and Conditions.

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3. Payment Terms

Payment terms will be clearly stated on your quotation or invoice.

Unless otherwise agreed:

  • A deposit may be required to secure a booking and cover materials

  • The balance is payable upon completion of the works

  • Payment is due within 7 days of invoice date

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We reserve the right to charge reasonable interest on overdue accounts in accordance with the Late Payment of Commercial Debts legislation.

Ownership of materials supplied remains with us until full payment has been received.

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4. Access and Site Conditions

You are responsible for providing safe and reasonable access to the work area.

This includes:

  • Clear access to the installation area

  • Removal of personal belongings, plants or obstacles where necessary

  • Ensuring boundary lines are correctly identified

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We will not be responsible for damage to underground services, cables or pipework unless their location has been clearly disclosed prior to works commencing.

Where boundary positions are uncertain, the Customer is responsible for confirming legal boundaries before installation.

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5. Programme and Delays

We will make every reasonable effort to complete works within the estimated timeframe provided.

However, delays may occur due to circumstances beyond our control, including:

  • Severe weather conditions

  • Ground conditions

  • Supplier delays

  • Access restrictions

  • Safety considerations

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We will keep you informed of any changes to programme dates.

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6. Materials

We use materials sourced from reputable suppliers and suitable for external use.

Timber is a natural product and may:

  • Expand or contract

  • Warp or twist

  • Develop surface cracks

  • Vary in colour or appearance

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These characteristics are normal and do not constitute defects.

Where pressure-treated timber is used, the treatment process may result in natural variations in colour or finish.

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7. Warranty on Workmanship

We provide a workmanship warranty covering installation defects.

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Standard workmanship warranty:

12 months from the date of completion

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This warranty covers:

  • Faults resulting from poor installation

  • Structural failure caused by installation workmanship

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This warranty does not cover:

  • Normal wear and tear

  • Damage caused by misuse or neglect

  • Damage caused by third parties

  • Movement caused by ground conditions

  • Storm, wind or weather damage

  • Accidental damage

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Any warranty claim must be reported to us promptly.

We reserve the right to inspect and rectify the issue within a reasonable timeframe.

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8. Manufacturer and Material Warranties

Materials supplied may carry manufacturer warranties.

Typical examples include:

  • Pressure-treated timber warranties

  • Fence panel warranties

  • Gate hardware warranties

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These warranties are provided by the manufacturer and are subject to their own terms and conditions.

We will pass on any applicable manufacturer warranty information where available.

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9. Storm and Weather Damage

Fencing and external structures are exposed to natural weather conditions.

We cannot guarantee that fencing will withstand:

  • High winds

  • Storm damage

  • Falling trees or debris

  • Extreme ground movement

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Damage caused by weather events is not covered under warranty.

Customers are advised to contact their home insurance provider where damage occurs due to severe weather.

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10. Repairs and Maintenance

Regular maintenance is the responsibility of the Customer.

This may include:

  • Applying protective treatments or preservatives

  • Checking fixings and hinges

  • Maintaining drainage around posts

  • Keeping vegetation clear from fencing

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Failure to carry out reasonable maintenance may affect warranty eligibility.

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11. Waste Removal and Disposal

Unless otherwise stated in writing, waste materials generated during the works will be removed from site and disposed of responsibly.

We aim to recycle materials where reasonably practicable.

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12. Health and Safety

We operate in accordance with current health and safety regulations.

Customers must:

  • Keep children and pets away from the work area

  • Follow any safety instructions provided

  • Avoid interfering with ongoing works

We reserve the right to suspend works if unsafe conditions arise.

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13. Cancellations

You may cancel works by providing reasonable notice prior to the scheduled start date.

Where materials have already been ordered or work has commenced, reasonable costs may be charged to cover:

  • Materials purchased

  • Labour costs incurred

  • Administrative expenses

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14. Complaints

We aim to provide a professional and reliable service.

If you are dissatisfied with any aspect of our work, please contact us as soon as possible so we can resolve the issue.

We will investigate and respond within a reasonable timeframe.

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15. Liability

Our liability is limited to the value of the works carried out.

We will not be liable for:

  • Indirect or consequential losses

  • Loss of use

  • Loss of income

  • Damage caused by events beyond our control

Nothing in these Terms limits liability for death or personal injury caused by negligence.

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16. Insurance

We maintain appropriate public liability insurance for the works we carry out.

Details of our insurance cover are available upon request.

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17. Force Majeure

We shall not be liable for failure or delay in performing our obligations where such failure results from events beyond our reasonable control.

Examples include:

  • Severe weather

  • Natural disasters

  • Supply chain disruption

  • Government restrictions

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18. Governing Law

These Terms and Conditions shall be governed by the laws of England and Wales.

Any disputes shall be subject to the jurisdiction of the courts of England and Wales.

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