Terms & Conditions
Conditions of Sale
These conditions form an integral part or every contract or agreement for the supply of goods and services (“the products”) by P&A Fencing & Sheds Limited t/a Zest4leisure (“the Company”). Unless speciﬁc alterations or deletions are expressly agreed in writing on behalf of the Company, these conditions shall apply in their entirety to all quotations made and all order accepted on behalf of the Company.
No servant or agent of the Company has any authority to alter or vary these terms or to accept terms proposes by the customer, which are inconsistent with these conditions by any other method whatsoever.
Unless otherwise stated all quotations and other offers are made on the basis that the contract price shall be the Company list price current at the date of despatch of order.
Unless otherwise stated a. delivery will be made over good hard roads to the port, airport, premises or site on the mainland of England, Scotland and Wales designated by the customer. b. whilst every endeavour will be made to meet specific times, these are estimates only and the Company accepts no responsibility in respect of any delay in delivery. c. where delivery is made to the Customer, the proper unloading of the Products shall be the responsibility of the Customer, who shall ensure that it is completed safely without undue delay.
3. DAMAGE OR LOSS IN TRANSIT
No claim that Products have been lost or damaged in transit before delivery will be considered by the Company unless:
a. the delivery docket is marked “damaged” or “shortage” and endorsed with brief details by the Customer or his agent, and b.the claim is made in writing to the Company within three days of the date of delivery
4. RISK AND TITLE
Risk shall pass on delivery of products but the Company will retain title until payment is received.
5. PASSING OF PROPERTY
a. the property and the Products shall remain in the company until payment of the total price thereof and any other payments to the Company from the Customer in respect of Products sold to the Customer by the Company. b. If payment of the total price or other sum is not made on the due date the Company shall have the right with or without prior notice at any time to take possession of the whole or any part of the Products (and for that purpose to go upon premises occupied by the Customer thereof) without prejudice to any of the Company’s other remedies.
In the event of any products being found to the Company’s satisfaction to be defective as a result of faulty manufacture or labelling, then the Company at its sole option agrees to either:
a. refund the cost of the products – or b. replace such Products
7. LIMITATION OF LIABILITY
The warranty stated above is the only warranty given by the Company and all other warranties both expressed and implied by statute or otherwise, are hereby excluded. Unless otherwise specifically stated, the Company does not warrant that Products are suitable for particular applications. In particular without limiting the scope of this clause liability for any consequential loss, damage or injury howsoever caused is specifically caused.
8. PRODUCTS SUPPLIED TO CUSTOMER’S SPECIFICATION
Where a product has been supplied to meet a Customer’s own specification, the Company accepts no responsibility under the above Warranty for the suitability of the Product for any particular use or any failure of the specification to meet the Customer’s specification.
All products are sold on the basis that no trademarks of the Company shall be affixed, altered or removed from Products without the prior written approval of the Company.
These condition and any other placed under them shall be governed construed and shall take effect in accordance with the laws of England.
Any notices or other communication sent to the Customer shall be deemed to be delivered if sent the Customer’s address last known to the Company.