Terms & Conditions

HENDERSON PRE-CAST (“Company”)

REGISTERED OFFICE: Beacon Hill Lane, Off Wareham Road, Corfe Mullen, Wimborne, Dorset, BH21 3RX

1. Goods sold by the Company to the Purchaser subject to these terms and it is a condition of sale that these terms shall override any terms or conditions contained in or referred to in an order or other document from the Purchaser and no alteration or addition to or substitution of these terms by the Purchaser shall bind the Company.
2. All quotes are only valid whilst stocks last or for 7 days, whichever is soonest. This includes all bespoke quotes. The Company withholds the right to not proceed with a quotation given.
3. This agreement shall be binding on the parties once the Company accepts the Purchaser’s order and, where applicable, receives the Purchaser’s order number. By purchasing from the Company, it is assumed that the customer fully agrees to all terms and conditions.
4. The Price is to be paid to the Company in the amount and on the terms stated on our invoice. Unless specified otherwise, VAT shall be charged on the Price. All prices shown are subject to change without prior notification, all goods are quoted or priced where they are subject to availability.
5. If any increases in taxes, duties, charges or assessments or significant increases in costs of labour or materials are levied against the Company for the supply of the Goods after the date of this agreement the Company shall be entitled to charge the Purchaser the amount of such increase in addition to the Price.
6. The time for payment shall be of the essence. The Purchaser shall pay the Price in full without deduction, set off or counterclaim within 30 days of the date of the Company’s invoice. Failure to pay on the due date shall entitle the Company to cancel the contract, appropriate any payment and/or charge interest on the amount unpaid at the rate of 1.5% per month from the date payment became due until payment is received by the Company.
7. DIVISIBILITY CLAUSE. This contract/order is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding.
8. The Purchaser may not cancel or vary an order after the date of this agreement except with the written consent of the Company and on terms that the Purchaser shall indemnify the Company in full against any resulting loss, costs, damages and charges incurred by the Company. If you have ordered a bespoke product, you will not be able to cancel your order after production has started.
9. Any dates quoted by the Company for delivery are approximate and the Company shall not be liable for any delay in delivery. The Purchaser shall accept late delivery.
10. The Company does not guarantee delivery of any loads over roads or other ground which it considers to be unsuitable for such transportation. If a vehicle used for delivery is required to deliver a load to or from a place situated off a public road the Purchaser will be held responsible for any accident loss or damage however caused resulting in consequence thereof.
11. Deliveries are undertaken on condition that reasonable facilities and assistance for unloading will be made available at the site, and that the Company will not be responsible for goods damaged in the course of unloading or handling on site. Our deliveries are arranged under the understanding that we will be able to gain vehicular access to the delivery address. Please advise us of any vehicle restriction. Failure to inform us of any access issues that lead to a failed delivery will incur a second delivery charge.
12. The Company reserves the right to make an additional charge for any unreasonable delay caused by the Purchaser in unloading or for any re-direction of goods. All deliveries require a full address and post code. With named houses we require a contact phone number on all orders. If we can’t find you or call you, we may have to reschedule your delivery at our next appropriate slot, this may incur an additional delivery charge.
13. The Purchaser shall sign any delivery note accompanying the Goods at the time of delivery.
14. Title to the Goods remains with the Company until payment is received in full and until that time the Company shall be entitled to require the Purchaser to deliver up the goods to the Company and/or to enter upon the Purchaser’s premises or third party to repossess them. Risk of damage to or loss of Goods shall pass to the Purchaser on delivery.
15. The Company shall make good to the Purchaser by way of replacement Goods any Goods which are defective (due to faulty materials or workmanship) provided the Company receives notice from the Purchaser in writing addressed to the Company’s registered office of such defects within seven days of deliver. (Any amendment or addition made by the Purchaser to the delivery note shall not constitute notice to the Company for the purpose of this clause.) This warranty shall not extend to defects arising from the Purchaser’s misuse, neglect or modification to the Goods. The Goods replace shall be returned to the Company. The Company accepts no responsibility ( other than for death or personal injury caused by the Company’s negligence ) for indirect, special or consequential loss or damage or costs and expenses which arise out of or in connection with this agreement and the Company’s liability is limited to the fullest extent permitted by law to the Price paid for the Goods. Where the Goods are sold to a person dealing as a consumer, the consumers’ statutory rights are not affected by this provision. We strongly advise that all concrete products should be transported on a vehicle with a flatbed that is with adequate length to contain each individual item. Handling of concrete should be taken with care and not thrown or dropped from any height. If you fail to comply with our recommendations the Company will not be responsible for goods damaged, in the cause of handling or loading/un-loading.
16. You have 7 days from the date of purchase to be eligible for a refund. Refunds will take place within a reasonable amount of time after the goods have been returned and inspected. These cancellation provisions do not apply to any bespoke items produced to the customers own specification. Returns cannot be accepted on the basis of swelling, shrinking, twisting and colour variations, resulting from the inherent physical properties and peculiarities of wood as a natural material, branches and/or knots; knot holes which have occurred due to variations in weather and temperature (including if they are located at the edges); small drying splits or cracks, and/or any resin pockets that are within the timber. If a product falls below our expected standard or is faulty, the Company cannot be held responsible for any subsequent works that arises from issues with materials or products supplied.
17. GATES. Timber is a natural product and some minor distortion and cracking may happen. This does not affect the structural integrity of the gate and will not be classified as defective. When hanging a pair of gates two drop bolts, Padbolt, gates stops and a centre slam strip should be used. On a single gate both a bottom and top Padbolt should be fitted. Appropriate hinges should be used for the gates. Failure to correctly hang the gate can lead to movement in the timber and therefor twist and/or drop. The Company will hold no liability for damage caused due to the incorrect hanging and fixing.
18. When ordering bespoke products (including but not limited to; gates, panels and trellis) payment must be paid in full on ordering. A signed bespoke order form must be completed for the customer to confirm all sizes and style information on the form is correct and what they want. Once the order has gone to the workshop no amendment can be made to your order. Bespoke products cannot be returned for a refund due to the individuality of the product ordered.
19. FENCING DELIVERIES. Our delivery charges are based on mileage from our yard. After you have placed your order, if not already arranged in store or over the phone you will be contacted to arrange a delivery day. Due to several variables, we cannot specify a time for delivery. Be aware that delivery times will vary according to what materials have been ordered, traffic or measures beyond our control. All deliveries are front of house kerbside only, deliveries will be made to a suitable area. If there is no suitable area the customer will be responsible for transporting the products to a safe storage area. We will move products up to six metres, we do not carry products to the rear of properties or through customer’s houses.
20. The Company shall not be liable for any failure to perform in accordance with this agreement resulting from an event beyond its reasonable control which shall include without prejudice to the generality of the foregoing, act of God, explosion, flood, fire, accident, legal restrictions, regulations, strikes or lockouts, difficulties in obtaining raw materials or labour of fuel or parts of machinery, third party intervention or through power failure or machinery breakdown. Some of our products are manufactured from timber, which is a natural product and is subject to movement and cracking. Any complaint with regards to movement, cracking, knots, splitting and warping of timber products will not be regarded as faulty and are not covered after 7 days of collection, delivery or installation of goods. Timber products are a natural source of product and are likely to defect in extreme weather conditions. Watering of timber will help during severe heat and prolonged dry spells. Pressure treated products dry to a pale green colour, however this colour can vary a lot according to species of timber and weather conditions. Variations in colour are not regarded as being faulty. Descriptions shown may differ from the stock in our yard. Possible variances include dimensions, species, finishes.
21. The Company may without prejudice to any other right or remedy available to it , suspend delivery of terminate this agreement forthwith by written notice to the Purchaser if the Purchaser shall be in breach of this agreement or if the Purchaser shall make or offer to make any voluntary arrangement with its creditors or ( being an individual or firm ) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation(otherwise than for the purposes of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed in respect of any of the property or assets of the Purchaser of the Purchaser ceases or threatens to cease to carry on business or the Company apprehends that any of the aforesaid events is about to occur.
22. Except where the Goods are sold to a person dealing as a consumer, all warranties, conditions and terms implied by statue or common law are excluded to the fullest extent permitted by law.
23. Any provision hereof which is held to be invalid or unenforceable shall be deemed to be severable and shall not affect the validity of the other provisions.
24. This agreement constitutes the entire agreement between the parties and no waiver by the Company of any breach of this agreement shall be considered as a wavier of any subsequent breach of the same or of any other provision.
25. This agreement shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the English Courts.
26. We cannot advise whether you would require planning permission as there are many different rules and factors that may affect what you are permitted to construct. If you do need planning or suspect you might, the first thing to do is to contact your local authority. It is your responsibility to check and do this.
27. Our Site is a working yard and entry is at your own risk, any damage to vehicles is the responsibility of the driver and if any damage is caused to stock, then this must be paid for.

PROMOTIONAL TERMS AND CONDITIONS

“OLD STOCK CLEARANCE”

1. The promotional offer is available while stocks last only.
2. The promotional offer is valid in store and online.
3. Promotional discount applies to full price standard 5’, 5’6” and 6’ overlap panels.
4. The promotion is only valid while stocks last and may be withdrawn at any time.
5. The promotional offer is not valid in conjunction with any other offer or discount, unless otherwise stated.
6. In the event of product returns, refunds will be given for the value of the original purchase, i.e. with discount applied, not at the RRP of the item.
7. We reserve the right to change these terms and conditions at any time.
8. Supplementary charges such as delivery charges shall not be discounted.
9. The promotional offer excludes any bespoke products and these will be charged at full price.
10. These promotional terms and conditions are supplemented by our “Terms and Conditions of Sale”.