Customer Terms & Conditions

Supply and installation of fencing, gates and related exterior works.

1. About us and these terms

1.1 Nottingham Fencing & Gates Ltd (company number 16650516), trading as Nottingham Fencing, is registered at 162 Beechdale Road, Nottingham, NG8 3FH. In these terms, “we”, “us” and “our” mean Nottingham Fencing & Gates Ltd. “You” and “your” mean the customer named in the quotation.

1.2 These terms apply to the supply, manufacture, delivery and installation of fencing, gates, railings, decking, paving, landscaping and related work described in our quotation. If a quotation contains a specific term that conflicts with these standard terms, the specific written term in the quotation takes priority for that job.

1.3 The contract consists of the accepted quotation, any drawings or specifications expressly referred to in it, any written variations agreed later, and the version of these terms supplied or linked with the quotation. A later website change does not retrospectively alter an existing contract.

1.4 A contract is formed when, after receiving the quotation and these terms, you accept in writing, sign an order, pay the requested deposit, or clearly instruct us to proceed. We will confirm acceptance where reasonably practicable.

1.5 If you are a consumer, nothing in these terms excludes or restricts rights or remedies that the law says cannot be excluded or restricted.

2. Quotations, measurements and scope

2.1 Unless stated otherwise, a quotation is valid for 30 days. A provisional quotation based on photographs, customer measurements or remote information may be revised after a measured survey or if the information supplied was incomplete or inaccurate. We will explain any revision before the affected work proceeds.

2.2 The quotation covers only the items and work expressly listed. Painting, staining, sealing, electrical supplies, drainage, planning applications, structural engineering, removal of unexpected obstructions, repair of existing structures and making good outside the stated work are excluded unless specifically included.

2.3 Quantities, dimensions, colours, finishes, opening direction, ironmongery and fixing arrangements should be checked before acceptance. Made-to-measure items will be produced to the agreed specification and the reasonably verified site dimensions.

2.4 Illustrations, photographs and samples show the general appearance only. Natural materials and batch-produced products may vary in colour, grain, texture and finish. Digital screen colours may also differ from the installed product.

3. Your responsibilities

3.1 You are responsible for:

• confirming the correct boundary, ownership and location of the work, and obtaining any neighbour, landlord, freeholder, planning, highways or other permission required;
• giving us accurate information about the site, intended use, dimensions and any known restrictions, defects, drainage problems, unstable ground, contamination or previous work;
• identifying known underground or concealed services, including electricity, gas, water, drainage, communications, irrigation and lighting cables, and supplying plans where available;
• providing safe, reasonable and unobstructed access, suitable parking where reasonably available, and access to water and electricity if reasonably required;
• moving vehicles, furniture, ornaments and fragile or valuable items away from the working area and keeping children, visitors and animals safely away; and
• protecting or arranging the relocation of plants, trees or features that you wish to retain where the quotation does not include that work.

3.2 We are not responsible for a boundary or permission dispute where we reasonably relied on the position or information you confirmed. If the position is uncertain, work may be paused until you obtain clarification. Reasonable abortive costs and work already carried out may be charged where the uncertainty was not caused by us.

4. Site conditions and existing structures

4.1 Surveys are visual and non-invasive unless the quotation says otherwise. Ground conditions, buried concrete, roots, rubble, rock, services, voids, contamination and the internal condition of walls, pillars, foundations or posts may not be apparent before work starts.

4.2 We will use reasonable care and skill. If an unforeseen condition is discovered that makes the quoted method unsafe, unsuitable or materially more expensive, we may pause the affected work, explain the issue and propose a reasonable variation. We will not carry out material additional chargeable work without your agreement, except for proportionate emergency work reasonably needed to leave the site safe.

4.3 If you do not accept a necessary variation, either party may end the unperformed part of the contract. You will pay for properly completed work, materials specifically ordered or made for the project that cannot reasonably be cancelled or reused, and reasonable unavoidable costs, less any amount we reasonably save or recover.

4.4 Where we are instructed to fix to or reuse an existing wall, pillar, post, base, frame, cable, control system or other structure, we are responsible for our work but not for a concealed defect, inadequate foundation or later failure in that existing item that could not reasonably have been identified beforehand. We will tell you if an obvious concern is found.

5. Materials and natural characteristics

5.1 Timber is a natural, hygroscopic material. Its moisture content changes with heat, sunlight, rainfall, humidity and seasonal conditions. Colour and grain variation, knots, resin, surface checking or splitting, shrinkage, swelling and some bowing, twisting or warping can therefore occur.

5.2 These natural characteristics are not, by themselves, faults where they are within what a reasonable person would expect for the product, age, exposure and price, and where they do not materially prevent safe normal use. We remain responsible if materials supplied by us were faulty, not as described, unsuitable for an expressly agreed purpose, or if our installation was not carried out with reasonable care and skill.

5.3 Composite and uPVC products can expand and contract with temperature and may show minor batch variation, weathering or colour change. Metal products may develop surface weathering or corrosion if protective finishes are damaged, cut, neglected or exposed to salt, chemicals or persistent moisture. Manufacturer guidance and tolerances apply where they are consistent with your statutory rights.

5.4 Pressure treatment helps protect timber from decay but does not make it maintenance-free or prevent all movement, checking, fading or weathering. Unless the quotation specifically includes a decorative finish, timber may require suitable treatment or finishing by you in accordance with our or the manufacturer’s instructions.

6. Gates, wind loading and correct use

6.1 Gates and solid fence panels can act like sails. Gates must be operated carefully and kept securely latched or otherwise restrained in both the open and closed positions where suitable restraints are fitted. Do not leave a gate free to swing, slam or twist in wind, and do not operate it in conditions where doing so would be unsafe.

6.2 Damage caused by a gate being left open or unsecured, wind catching an unrestrained gate, forcing or slamming, vehicles, climbing, hanging weight from the gate, misuse, impact or third-party interference is not covered by our guarantee unless the underlying failure was caused by faulty materials supplied by us or installation not carried out with reasonable care and skill.

6.3 Clearances around gates are necessary for safe operation, drainage and normal material movement. Small seasonal changes in gaps or alignment do not necessarily indicate defective work. If normal operation is materially affected, tell us promptly so the cause can be assessed.

7. Timing, access and delays

7.1 We will perform the work within the period agreed or, where no fixed period is agreed, within a reasonable time. Dates are subject to safe site conditions and availability of agreed materials. We will keep you reasonably informed of material delays.

7.2 We are not responsible for delay caused by circumstances genuinely outside our reasonable control, such as unsafe weather, extreme heat or cold, storms, flooding, supply interruption, transport disruption, utility failure, restricted access or unexpected site conditions, provided we take reasonable steps to reduce the effect and resume work when reasonably possible.

7.3 If such a delay continues for more than 30 days and no reasonable revised programme can be agreed, either party may cancel the unperformed part. We will refund amounts paid for work or standard materials not supplied, less reasonable costs for properly completed work and bespoke or irrecoverable materials, subject always to your legal rights.

8. Changes and additional work

8.1 A change requested after acceptance may affect price, materials and timing. We will describe and price a material variation before carrying it out where reasonably practicable. Verbal site instructions should be confirmed in writing.

8.2 Minor technical changes may be made where necessary for safety, legal compliance or proper installation, provided they do not materially reduce quality, appearance or function. We will discuss any material change with you first.

9. Price, deposits and payment

9.1 The quotation states the price, whether VAT is included or applicable, the deposit required and the payment stages. Unless otherwise stated, the balance is due on completion and receipt of the final invoice.

9.2 Deposits are used towards design, administration, reserved labour, ordered materials and fabrication. They are not automatically non-refundable. If the contract is cancelled, the amount retained or charged will reflect reasonable actual losses and costs that cannot reasonably be avoided or recovered, subject to any statutory cancellation rights.

9.3 You must pay undisputed amounts when due. If an amount is genuinely disputed, you should explain the reason promptly and pay the undisputed balance. We may suspend unperformed work after reasonable written notice if an undisputed payment is overdue.

9.4 We may recover reasonable costs actually incurred in collecting an overdue undisputed debt. For a business customer, statutory interest and compensation may apply under the Late Payment of Commercial Debts (Interest) Act 1998. This sentence does not apply to consumer customers.

10. Consumer cancellation rights

10.1 If you are a consumer and the contract is agreed online, by telephone, by email or at your home, you may have a legal right to cancel within 14 days from the day after the contract is made. We will provide the required cancellation information and model cancellation form where the law requires it.

10.2 If you ask us in writing to begin services during the 14-day period and then cancel, you may have to pay a proportionate amount for services properly supplied up to cancellation. If the service is fully performed during that period following your express request and acknowledgement, the statutory cancellation right for that service may end on completion.

10.3 The statutory cancellation right does not normally apply to goods made to your measurements or otherwise clearly personalised. This commonly includes bespoke gates, railings and made-to-measure panels once manufacture has been committed. Any cancellation rights that still apply to a service element remain unaffected.

10.4 Outside any statutory cancellation right, you may ask to cancel before completion. We will take reasonable steps to reduce our loss, but you may have to pay for work completed, materials ordered or made that cannot reasonably be cancelled or reused, and other reasonable direct losses caused by cancellation. We will give you a breakdown on request.

11. Completion, inspection and visible snags

11.1 The work is complete when the quoted work has been substantially carried out and the installation is capable of its intended normal use, apart from minor items that do not materially affect use or safety.

11.2 We will give you a reasonable opportunity to inspect the work. Please identify visible concerns at handover or, where that is not practical, within 7 days. This timescale helps us investigate promptly but does not remove statutory rights or prevent you reporting a defect that was not reasonably apparent at completion.

11.3 A signed handover record confirms the visible condition, operation and any agreed outstanding items at that time. It does not waive rights relating to latent defects, faulty goods or services not carried out with reasonable care and skill.

11.4 We may photograph the installation before, during and at completion for job records, quality control and dispute resolution. We will not use identifiable images for marketing without an appropriate lawful basis or permission where required.

12. Our 12-month guarantee

12.1 Our voluntary guarantee lasts for 12 months from completion. It covers faults in materials supplied by us and defects caused by our installation workmanship during normal and proper use.

12.2 Where a matter is covered, we will inspect within a reasonable time and, depending on the circumstances and your legal rights, repair or replace the affected part, repeat the relevant service, or provide another appropriate remedy without charging you for the covered remedial materials or labour.

12.3 Any manufacturer’s guarantee is additional to this guarantee. Our guarantee and any manufacturer’s guarantee are also additional to, and do not replace or limit, your statutory rights. Those rights may continue after the 12-month guarantee has ended.

12.4 The guarantee is for the original customer and property unless we agree otherwise in writing. This does not affect any rights that the law gives to another person.

13. What the guarantee does not cover

13.1 The guarantee does not cover a problem to the extent it was not caused by faulty materials supplied by us or by our failure to use reasonable care and skill, including:

• natural timber characteristics or normal material movement described in section 5;
• damage or movement caused by prolonged heat, direct sun, drought, rapid temperature change, high winds, storms, flooding, frost, snow, ice, fire, falling branches or other environmental conditions outside our reasonable control;
• ground movement, subsidence, heave, erosion, drainage failure, root growth or movement or failure of a pre-existing wall, pillar, foundation, post or structure;
• accident, misuse, neglect, impact, criminal damage, animals, pests, vehicles, climbing, overloading, forced operation or failure to secure or restrain a gate appropriately;
• fair wear and tear, routine adjustment, fading, surface weathering or gradual deterioration consistent with the material and exposure;
• failure to follow reasonable care, maintenance, treatment, servicing or operating instructions;
• alteration, repair, automation or interference by the customer or a third party, but only to the extent that this caused the problem or prevented a reliable assessment;
• customer-supplied, reused or specifically requested materials where the issue arises from their condition or suitability and we gave any warning that a reasonably competent contractor should have given; or
• minor appearance variations or tolerances that do not materially impair safety, durability or the intended normal use.

13.2 Weather occurring after installation is not automatically treated as the cause of a problem. We will consider the condition of the product, the installation, the site, maintenance and the reported event before deciding whether the guarantee applies.

14. Reporting concerns and chargeable remedial work

14.1 Contact us promptly with your quotation or invoice number, a description of the concern, when it first appeared, and clear photographs or video where possible. Take reasonable steps to prevent further damage, but do not dismantle or materially alter the installation unless needed for immediate safety.

14.2 We may first assess photographs, usage, maintenance and weather or site information, then arrange an inspection if reasonably required. Please allow us a reasonable opportunity to inspect and, where we are responsible, put the matter right.

14.3 If the assessment shows that the issue is covered by our guarantee or statutory responsibility, reasonable inspection and remedial work will be carried out without charge.

14.4 If no covered fault is found and the cause is outside our responsibility, any adjustment, repair, replacement materials and labour requested by you will be chargeable. We will explain the finding and agree the price or charging basis before carrying out non-emergency remedial work.

14.5 If a site visit appears likely to concern an excluded or no-fault issue, we may quote a reasonable inspection or call-out charge in advance. No such charge will be made unless you agree it before the visit. If the visit establishes a covered fault, the agreed inspection charge will not be payable or will be refunded.

14.6 Any free or discounted assistance we choose to provide for an excluded matter is a goodwill gesture for that particular case. It does not amount to an admission of fault, extend the guarantee, or create an obligation to provide the same assistance on another occasion.

15. Care and maintenance

15.1 You should follow the care information supplied with the installation and any manufacturer’s instructions. In particular:

• keep soil, mulch and standing water away from timber and other materials not designed for ground contact;
• apply and renew suitable decorative or protective treatments when recommended, including to cut ends or newly exposed timber where appropriate;
• keep drainage paths and moving parts clear, and inspect latches, hinges, stops, bolts and fixings periodically;
• secure gates in wind and do not allow them to slam, swing uncontrolled or be used as climbing frames;
• report unusual movement, loose fixings, unsafe operation, coating damage or water pooling promptly; and
• have powered or automated systems maintained and safety-checked at the intervals recommended by the manufacturer or installer.

15.2 Maintenance and routine adjustment are not included after completion unless the quotation or a separate maintenance agreement says otherwise.

16. Automated gates and third-party equipment

16.1 Motors, controls, safety devices, access systems and other bought-in equipment are subject to the manufacturer’s specification and any applicable warranty. We remain responsible for ensuring that equipment we supply is suitable for the expressly agreed purpose and that our installation is carried out with reasonable care and skill.

16.2 Power supply faults, internet or mobile network failure, customer programming changes, loss of transmitters, accidental damage and missed maintenance are not covered unless caused by our breach. Safety devices must not be bypassed, obstructed or altered.

17. Damage, loss and responsibility

17.1 We will take reasonable care of your property and working area. Some disturbance to soil, lawns, planting, paving edges and access routes can be unavoidable in exterior construction. We will make good only to the extent stated in the quotation or where damage was caused by our failure to use reasonable care and skill.

17.2 We are responsible for loss or damage that is a foreseeable result of our breach of contract or negligence. We are not responsible for loss that is not foreseeable, for loss caused by inaccurate information or a failure by you to take reasonable protective steps, or for a failure caused solely by an event outside our reasonable control.

17.3 We do not exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights that cannot lawfully be excluded, or any other liability that the law does not allow us to exclude or limit.

17.4 Consumer work is supplied for private use. We are not responsible to a consumer for business losses such as loss of profit, business interruption or lost opportunity. This does not affect liability for foreseeable private loss caused by our breach.

18. Supply-only goods

18.1 For supply-only orders, you are responsible for checking dimensions, quantities and suitability unless we expressly agreed to design or measure them. You should inspect goods on collection or delivery and report transit damage promptly.

18.2 We are not responsible for installation by others, unsuitable storage after delivery, or damage caused by cutting, drilling, modification, poor handling or incorrect fitting. This does not affect your rights if the goods themselves were faulty, not as described or not fit for an expressly agreed purpose.

19. Complaints and resolving disputes

19.1 Please raise a concern first with Nottingham Fencing by telephone on 0115 671 2002, through the contact form, or by writing to 162 Beechdale Road, Nottingham, NG8 3FH. Include the job address, quotation or invoice number and supporting photographs where relevant.

19.2 We aim to acknowledge a formal complaint within 5 working days and provide a substantive response or progress update within 14 working days. Complex technical issues may reasonably take longer, in which case we will explain why and keep you updated.

19.3 We will try to resolve disputes directly and fairly. Nothing in these terms prevents either party using any applicable alternative dispute resolution process or exercising the right to bring court proceedings.

20. General

20.1 If any part of these terms is found unlawful or unenforceable, the remaining terms will continue to apply so far as possible.

20.2 A delay in enforcing a right does not waive that right. No person other than you and us may enforce this contract, except where the law provides otherwise.

20.3 These terms are governed by the law of England and Wales. If you are a consumer, you may bring proceedings in the courts that the applicable consumer law allows. If you are a business customer, the courts of England and Wales will have exclusive jurisdiction, subject to any mandatory law.