FRESH FENCING LIMITED

Terms and Conditions

Effective Date: 27 February 2026

These Terms and Conditions apply to all contracts entered by Fresh Fencing Limited (“we”, “us”, “our”) for the supply of installation services and/or products.

By accepting a quotation, placing an order, or instructing us to proceed, you (“the Customer”) agree to be bound by these Terms.

SECTION A – SERVICES
(INSTALLATION WORKS)

1. Formation of Contract

1.1 A contract is formed when you accept our written quotation (including email confirmation) and we confirm acceptance or commence works.

1.2 Quotations are valid for 30 days unless otherwise stated.

1.3 Any variation to the agreed works must be agreed in writing and may affect price and
completion timeframe.

2. Payment Terms – Services

2.1 Payment Due Date
Payment is due within 14 days of the invoice date, unless otherwise agreed in writing.

2.2 Late Payment
If payment is not received within 14 days:
- For Consumer Customers, reasonable interest and administrative recovery costs may be applied as permitted by law.
- For Business Customers, please go to Section B.

Interest will accrue until payment is made in full.

2.3 Deposit Requirement
For works exceeding £5,000 (including VAT), a 25% deposit is required prior to scheduling works.

2.4 Stage Payments
For larger projects, staged payments will be required at intervals agreed in writing prior to commencement of works.

2.5 Failure to Pay
Failure to make payment when due may result in:
- Suspension of works.
- Withdrawal from site.
- Delay to project completion.
- Recovery action.
- Recovery of reasonable legal and debt recovery costs.

3. Customer Responsibilities

The Customer must:
- Confirm boundary positions prior to commencement of works.
- Accept full liability for any boundary disputes arising after installation.
- Provide safe and unobstructed access to the work area.
- Inform us of the location of any known underground services (gas, electricity, water, drainage, telecoms etc.)

We will take reasonable care when carrying out ground works. However, the Customer remains responsible for providing accurate information regarding underground services and site conditions prior to commencement of works.

4. Planning Permission & Regulatory Compliance

4.1 We may provide general guidance regarding fencing height regulations or planning considerations. This guidance is provided free of charge and for general information purposes only.

4.2 We do not provide professional planning, legal, or regulatory consultancy services. No reliance should be placed on informal guidance provided.

4.3 It is the Customer’s sole responsibility to:
- Confirm whether planning permission is required.
- Obtain necessary planning approvals.
- Ensure compliance with all local authority regulations.
- Obtain any required neighbour consent.

4.4 We accept no liability for:
- Refusal of planning permission.
- Enforcement action.
- Boundary complaints.
- Failure by the Customer to obtain required approvals.

5. Timber & Natural Materials

5.1 Timber is a natural product and may:
- Warp.
- Split.
- Crack.
- Twist.
- Shrink or swell.
- Display knots and grain variation.
These are natural characteristics and do not constitute defects.

5.2 We are not liable for movement or change caused by:
- Weather exposure.
- Seasonal variation.
- Ground movement.
- Lack of maintenance.
- Painting, staining, or treatment after installation.
Ongoing maintenance remains the Customer’s responsibility.

6. Weather & External Factors

We are not liable for damage caused by:
- Storms or high winds.
- Flooding.
- Extreme weather.
- Ground instability.
- Third-party interference.

7. Cancellation Policy – Services

All cancellations must be confirmed in writing via email.
As labour, scheduling, and materials are organised in advance, cancellation fees reflect genuine costs incurred.

7.1 More than 10 Working Days Before Start Date
No cancellation fee applies except for:
- Specially ordered materials.
- Bespoke or made-to-measure products.
The Customer remains liable for the cost of such materials.

7.2 Within 7 Working Days of Start Date
We reserve the right to charge for:
- Specially ordered materials.
- Bespoke or made-to-measure products.
- Administrative costs.
An invoice will be raised to recover these costs.

7.3 Within 48 Hours of Scheduled Start Date
If cancellation occurs within 48 hours of the agreed start date, we reserve the right to charge:
- Up to 50% of the total contract value, and
- The full value of any bespoke or specially ordered materials.
This fee reflects:
- Administrative costs.
- Material handling and return costs.
- Scheduled labour cancellation.
- Loss of allocated working time.
An invoice will be issued for recovery of these costs.

8. Consumer Cancellation Rights

Where the Customer is a Consumer and the contract is entered into off-premises or at distance, statutory cancellation rights under the Consumer Contracts Regulations 2013 may apply.
If works are requested to commence within the 14-day cooling-off period, the Customer acknowledges liability for reasonable costs incurred if cancellation occurs.
Once works are fully completed, cancellation rights no longer apply.
This clause does not apply to Business Customers.

PART B – PRODUCTS (SUPPLY ONLY)

9. Orders for Products

Orders must be placed by phone or email and are accepted only once confirmed by us.

10. Pricing & Payment – Products

- All prices are in GBP (£).
- VAT is included unless otherwise stated.
- Full payment is required prior to dispatch unless agreed otherwise in writing.
- Delivery charges will be confirmed prior to dispatch.

11. Delivery & Risk

Delivery dates are estimates only and are not guaranteed. The Customer must inspect goods immediately upon delivery. Once delivery has been accepted and signed for, and no visible damage has been recorded, responsibility passes to the Customer.
Visible damage must be reported within 48 hours of delivery. After this time, we cannot accept responsibility for damage claims.
Ownership of goods remains with Fresh Fencing Limited until full payment is received.

SECTION B – BUSINESS CONTRACTS
(B2B)
(Commercial Customers Only)

1. Status

The Customer confirms it is acting in the course of business. Consumer cancellation rights do not apply.

2. Payment – Business Customers

- Payment strictly due within 14 days of invoice.
- Time for payment is of the essence.
- A 25% deposit is required for works exceeding £5,000 (inc VAT).
- Stage payments may apply to larger projects.
If payment is overdue:
- Interest at 8% above Bank of England base rate applies under the Late Payment of
Commercial Debts (Interest) Act 1998.
- Fixed statutory compensation and recovery costs apply.
- We may suspend works immediately without liability.
- All outstanding sums become immediately due.
- The Customer shall indemnify us against all recovery costs including legal fees.
If the Customer becomes insolvent, we may terminate the contract immediately.

3. Boundary & Authority (B2B)

The Customer warrants that it has authority to instruct works along the stated boundary line and indemnifies Fresh Fencing Limited against any third-party claims arising from boundary disputes.

4. Planning & Regulatory Compliance (B2B)

We do not provide professional planning advice.
The Customer is fully responsible for regulatory compliance and indemnifies us against enforcement action or third-party claims arising from failure to obtain permissions.

5. Cancellation & Postponement (B2B)

Postponement is treated as cancellation unless agreed otherwise in writing.
- More than 10 working days: Liable for bespoke or special order materials.
- Within 7 working days: Liable for materials ordered, administrative and scheduling costs.
- Within 48 hours: 50% of the total contract value becomes immediately due and payable, plus bespoke materials.
Where materials have been delivered to site, the full contract value may become payable.

6. Retention of Title

Ownership of goods remains with Fresh Fencing Limited until paid in full.
We reserve the right to enter premises to recover unpaid goods.

7. Exclusion of Implied Terms

To the fullest extent permitted by law, all implied terms under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 are excluded.

8. Limitation of Liability (B2B)

Nothing limits liability for death, personal injury, or fraud.
Subject to this:
- We shall not be liable for loss of profit, revenue, contracts, business, or anticipated savings.
- We shall not be liable for indirect or consequential loss.
- Total liability shall not exceed the total contract value or £25,000 (whichever is lower).

SECTION C – GENERAL (ALL
CONTRACTS)

1. Communication & Office Hours

1.1 All contractual communications, including but not limited to:
- Variations to agreed works.
- Requests to postpone or cancel.
- Approval of additional costs.
- Complaints or formal notices.
- Payment-related matters.
must be made in writing via email to office@freshfencing.co.uk.

1.2 Our core administrative office hours are:
Monday to Friday: 8:00am – 5:00pm (excluding public holidays)

1.3 Telephone calls may be answered outside of these hours, including weekends, for general enquiries and new business enquiries only. However, such availability does not constitute full administrative operation.

1.4 Any contractual notice, cancellation request, variation, or formal communication received outside core administrative office hours shall be deemed received on the next working day.

1.5 No variation to agreed works, price, schedule, or contract terms shall be valid unless confirmed in writing by Fresh Fencing Limited during core administrative office hours.

1.6 Communications made via social media, text message, WhatsApp, or informal on-site discussions shall not constitute formal notice unless subsequently confirmed in writing by our office.

2. Force Majeure

We are not liable for delay or failure to perform obligations due to events beyond our reasonable control, including:
- Severe weather.
- Supply chain disruption.
- Labour shortages.
- Government restrictions.
- Acts of God.

3. Governing Law

These Terms are governed by the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction.

4. Contact Details

Fresh Fencing Limited
Barfield Road
West Mersea
Colchester
Essex
CO5 8QT
office@freshfencing.co.uk
01206 671 670