The following conditions issued by getne Fencing Limited ("The Seller") apply to any contract of which these conditions form part to the exclusion of any conditions of order or purchase of the Buyer or any other standards, specifications, conditions or particulars of or adopted by the Buyer, unless expressly accepted in writing by the Seller as part of the contract. "Goods" means the subject matter of the contract including (but not limited to) raw materials, finished or semi-finished materials or articles, machinery, parts, spares, commodities etc, and whether one or a number of items, whether or not identical or similar.
Quotations do not constitute an offer by the company to supply the Goods or carry out the work referred to therein and no order placed in response to a quotation will be binding unless accepted by the Company in writing. All such acceptances by the Company will be subject to availability of the necessary materials and to the company being able to obtain any necessary authorisation and or licences and the same remaining valid.
(1) Where the Goods are sold by reference to the Seller’s published price list, the price payable for the Goods shall be the ruling price as published in the price list current at the date of despatch of the Goods from the Seller's works.
(2) In other cases the price stated in the contract is based on the cost to the Seller of materials, fuels and power, transport and labour at the date of acceptance of the order or quotation (whichever is earlier). If at the date of despatch of the Goods from the Seller’s works there has been any increase in all or any of such cost, the price payable for the Goods may at the option of the Seller be increased accordingly.
(3) The price stated in the contract assumes normal excavation, where the Seller encounters physical conditions (other than weather) or artificial obstructions which conditions or obstructions the Seller considers could not have been foreseen, the Seller shall take such action as is necessary and if in taking such action incurs extra costs such costs shall be for the account of the Buyer.
(4) The price stated in the contract allows for carriage of materials within ten metres of a metalled road. Any additional carriage shall be added to the price.
(5) Where the price for the Goods is varied in accordance with this condition the price as varied shall be binding on both parties and shall not give either party any option of cancellation.
(6) There shall be added to the price for the Goods any value added tax and any other tax or duty relating to the manufacture, transportation, export, import, sale or delivery of the Goods (whether initially charged on or payable by the Seller or the Buyer).
(7) The price includes packing and free delivery by method of transport of the Seller/s choice to the destination stated in the contract if such destination is on the mainland of Great Britain. If such destination is not on the mainland of Great Britain, the Goods will be delivered FOB United Kingdom, unless otherwise stated, where "FOB" or any other commercial terms as may be agreed shall be in accordance with the definitions and rules in INCO TERMS 1980, except as expressly provided for in these conditions or in the contract. If the contract stipulates, or the Buyer requests, special packing and/or transport arrangements, the extra cost will be for the account of the buyer.
(8) If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
(9) If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).