TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS
1.1 The definitions in this clause apply in the terms and conditions set out in this document: “Contract” any contract between Us and You for the sale and purchase of the Goods;
“Force Majeure Event” shall have the meaning given in clause 9;
“Goods” means the products that We are selling to You as set out in the Order Form;
“Order Confirmation” shall have the meaning set out in clause 2.5;
“Order Form” means the order form for the Goods;
“Terms” means the terms and conditions set out in this document;
“We”, “Us”, “Our” means McVeigh Parker & Co Limited, a company incorporated in England with company number 01410916;
“Writing” “Written” includes faxes and e-mail;
“You”, “Your”, Yours” means the person or the company who submits an Order Form.
1.2 Headings do not affect the interpretation of these terms.
2. Basis of Sale
2.1 These Terms and the Order Form are considered by Us to set out the whole agreement between You and Us for the sale of the Goods. Please check that the details in the Order Form and any applicable specification are complete and accurate before You commit yourself to the Contract. If You think that there is a mistake, please make sure that You ask Us to confirm any changes in writing, as We only accept responsibility for statements and representations made in writing by Our authorised employees and agents. Please ensure that You read and understand these Terms before You sign and submit the Order Form, because You will be bound by the Terms once a Contract comes into existence between Us, in accordance with clause 2.6.
2.2 To the extent that You are deemed to be a consumer as defined by the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999, these conditions will not affect Your rights and will only apply to the extent that applicable law allows.
2.3 You acknowledge that you have not relied on any statement, promise or representation made or given by Us which is not set out in the Contract. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
2.4 If any of these Terms are inconsistent with any term of the Order Form, the Order Form shall prevail.
2.5 The Order Form or acceptance of a quotation for Goods by You from Us is an offer by You to enter into binding Contract, which We are free to accept or decline at Our absolute discretion.
2.6 These Terms shall become binding on You and Us when;
2.6.1 We issue You with written acceptance of an order; or
2.6.2 We act in the performance of the order whichever is the earlier, at which point a Contract shall come into existence between Us
2.7 Any quotation for the Goods is given on the basis that a binding Contract shall only come into existence in accordance with clause 2.6. A quotation shall be valid for a period of 10 calendar days from its date of issue, unless We notify You in writing that We have withdrawn it during this period
2.8 We shall assign an order number to the order and inform You of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with Us relating to the order.
2.9 You may at any time before any agreed delivery date or within three calendar days of placing an order amend or cancel an order by providing Us with written notice. If You amend or cancel an order, your liability to Us shall be limited to payment to Us of all costs We reasonably incur in fulfilling the order until we receive your amendment or cancellation, except that where the amendment or cancellation results from Our failure to comply with these Terms you shall have no liability to Us for it. This clause 2.9 shall not apply to any cancellation of an order for bespoke products in which case You will remain responsible for the full amount of the order.
2.10 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Out system’s capabilities. You will be subject to the policies and terms in force at the time that You order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders You have previously placed that We have not yet fulfilled).
2.11 These terms shall apply to the exclusion of all other terms and conditions (including any terms or conditions which You apply under any purchase order, confirmation of order, specification or other document).
3. The Goods
3.1 The quantity and description of the Goods shall be as set out in Our Order Confirmation.
3.2 Any samples, drawings, descriptions or advertising We issue, and any descriptions or illustrations contained in Our catalogues or brochures, are issued or published solely to provide You with an approximate idea of the Goods they describe. They do not form part of the Contract between You and Us or any other Contract between You and Us for the sale of the Goods.
3.3 We reserve the right to make changes to the specification of the Goods without further notice to You.
3.4 Except where You are dealing as a consumer (as defined by the Unfair Contracts Terms Act 1977 Section 12) all warranties, conditions or terms (whether implied or made expressly) whether by Us or Our servants or agents or otherwise relating to satisfactory quality, fitness for purpose or condition of the Goods and whether implied by statute or common law are excluded.
3.5 We shall not be liable for Goods which do not comply with the order form unless
3.5.1 You provide Us with written notice of the shortage or defect and if the defect is as a result of damage in transit to the carrier, within 7 days of delivery or collection; and
3.5.2 We are given a reasonable opportunity after receiving the notice of examining such Goods and You shall (if We ask You to do so) return such Goods to Us at Our cost for the examination to take place.
3.6 We shall not be liable for any defect(s) in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, if You use the Goods in a way that We or the manufacturer do not recommend, your failure to follow Our or the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practise, or any alteration or repair You carry out without Our prior written approval.
3.7 Where the Goods which are subject to the Contract are offered with a manufacturer’s guarantee, the guarantee shall take effect at the time the Goods are delivered to You. Save for any guarantee provided by Us, Your, sole right to enforce the terms of guarantee shall be against the guarantor as specified in the relevant guarantee.
3.8 We will take reasonable steps to pack the Goods properly and to ensure that You receive your order in good condition. However, subject to conditions
3.4 and 3.5, if any of the Goods do not conform with the order, We shall at Our option repair or replace such Goods (or the defective part) or refund the price of such Goods provided that, at Our request and expense, You return the Goods or the part of such Goods which is defective to Us.
3.9 These terms apply to any repaired or replacement Goods We supply to You in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
3.10 We accept no responsibility for any movement in timber Goods supplied by Us to You outside the standard CCA treated fencing timber and You acknowledge that timber is a natural product susceptible to movement.
4. Delivery of goods and acceptance
4.1 You may collect the Goods from Us or We will deliver them to You at the address set out in the Order Form.
4.2 Delivery of the order shall be completed when We deliver the Goods to You or when You collect them from Us.
4.3 We will take reasonable steps to meet the delivery date set out in the Order Form or as otherwise agreed between Us in writing. However, any dates specified by Us for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time. Occasionally delivery may be affected by factors beyond Our control and so cannot be guaranteed. We will let you know if We become aware of an unexpected delay and will arrange a new delivery date with you.
4.4 If for any reason You fail to take delivery of any of the Goods when they are ready for delivery or We are unable to deliver the Goods because You have not provided appropriate instructions, documents, licenses or authorisations:
4.4.1 We will store the Goods until delivery takes place and may charge You a reasonable sum to cover expenses and insurance, should this exceed an unreasonable length of time.
4.4.2 We shall have no liability to You for late delivery.
4.5 If You have not taken delivery of the Goods within two weeks of Our notifying You that they are ready, We may, after giving You reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay You for any excess over the price of the Goods or charge You for any shortfall below their price.
4.6 If We are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock. We will deliver the order in instalments, We may charge You extra delivery costs. Each instalment shall constitute a separate contract. If We are late delivering an instalment or one instalment is faulty, that will not entitle You to cancel any other instalment.
4.7 You shall be responsible (at your cost) for preparing the delivery location for the delivery of the Goods and for the provision of all necessary access and facilities reasonably required to delivery installation because no such preparation has been carried out, We may levy additional charges to recover our loss arising from this event.
4.8 If You are unhappy with the Goods for any other reason, You may return them to Us at your own cost within 5 calendar days of receipt unless the Goods have been made to order in which case the right to return is not available. We reserve the right to impose a handling charge of 15% on the price of returned Goods. In all cases, the Goods returned must be in their original condition and packaging. The Goods are Your responsibility until they reach us.
4.9 You shall be deemed to have accepted the Goods when You have had 5 days to inspect the Goods after delivery or collection and You have not exercised in writing Your right of rejection in accordance with condition 3.4. 4.10 After acceptance of the Goods, You shall not be entitled to reject the Goods which are not in accordance with the Contract.
5. Title and risk
5.1 The goods will be your responsibility from the time of delivery OR from when You or your agent collect the Goods from Us.
5.2 Ownership of the Goods will only pass to You when We receive payment in full (in cash or cleared funds) of all sums due in respect of:
5.2.1 the goods ; and 5.2.2 all others sums which are or which become due to Us on any account.
5.3 Until ownership of the Goods has passed to You, You shall:
5.3.1 hold the Goods on a fiduciary basis as Our bailee;
5.3.2 store the Goods (at no cost to Us) separately from all Your other Goods or any third party in such a way that they remain readily identifiable as Our property;
5.3.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
5.3.4 maintain the Goods in satisfactory condition and keep them insured on Our behalf for their full price against all risks to Our reasonable satisfaction. On request, You shall produce the policy of insurance to Us. Without prejudice to any of Our other rights, if You fail to do so , all sums whatever owing by You shall become due and payable.
5.4 You may resell the Goods before ownership has passed to You solely on the following conditions: any sale shall be effected in the ordinary course of Your business at full market value; and any such sale shall be a sale of Our property on Your own behalf and You shall deal as principal when making such a sale.
5.5 Your right to possession of the Goods shall terminate immediately if:
5.5.1 You have a bankruptcy order made against You or You make an arrangement or composition with his creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by You or Your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up or for the granting of an administration order, or any proceedings are commenced relating to Your insolvency or possible insolvency of You; or
5.5.2 You suffer or allow any execution, whether legal or equitable, to be levied on Your property or obtained against You, or fail to observe or perform any of Your obligations under the Contract or any other contract between Us and You, or You are unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or You cease to trade; or
5.5.3 You encumber or in any way charge any of the Goods.
5.6 We shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from Us.
5.7 You grant Us, our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where Your right to possession has terminated, to recover them.
5.8 Where We are unable to determine whether any Goods are the goods in respect of which Your right to possession has terminated, You shall be deemed to have sold all goods of the kind sold by Us to You in the order in which they were invoiced to You
5.9 On termination of the Contract, howsoever caused, Our (but not Your) rights contained in this condition 5 shall remain in effect.
6.0 Installation of the goods
6.1 We shall not be liable to You for any loss or damage (however caused) by installation of the Goods by Us or Our servants or agents on Your instructions.
6.2 Installation of the Goods shall at all times be at Your risk and We shall not be liable to You for any errors or omissions in any specifications or drawings You supply to Us.
7.0 Price and Payment
7.1 The price of the Goods will be as set out in Our Order Confirmation We provide to You. Prices are liable to change at any time, but price changes will not affect orders that We have confirmed in writing
7.2 The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which You shall pay in addition when You are due to pay for the Goods should any be notified.
7.3 These prices exclude delivery costs, which will be added to the total amount due.
7.4 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly prices. We will normally check prices as part of Our dispatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to You. If the Goods’ correct price is higher than the price stated on Our site, We will normally, at Our discretion, either contact You for instructions before dispatching the Goods, or reject the order and tell You. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mis-pricing, We do not have to provide Goods to You at the incorrect (lower) price.
7.5 We may invoice You for Goods on or at any time after We have delivered them to You. The invoice will quote the Order Number. You must pay the invoice in cleared monies within 30 calendar days from the end of the month of the date of the invoice.
7.6 If You do not make any payment due to Us by the due date for payment (as set out in clause7.5), In line with our Terms & Conditions and your failure to pay the account within the agreed payment terms we will be adding an interest charge and late payment charges as defined in the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not received in the next 5 days. We may charge interest to You on the overdue amount at the rate of 8% a year above the base lending rate of National Westminster Bank plc. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay Us interest together with the overdue amount and charges.
7.7 Time for payment shall be of the essence.
7.8 All payments payable to Us under the Contract shall become due immediately upon its termination, despite any other provision.
7.9 Without limiting any other remedies or rights that We may have, if You do not pay Us on time, We may cancel or suspend any other outstanding order until You have paid the outstanding amounts.
7.10 Clauses 7.6 and 7.9 shall not apply for the period of the dispute if You dispute the payment owing in good faith and let Us know promptly after You have received the invoice that You dispute it.
7.11 You shall make all payments due under the Contractor in full without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise unless You have a valid court order requiring an amount equal to such deduction to be paid by Us to You.
8. Limitation of liability
8.1 Subject to clause 8.2, if either of Us fails to comply with these Terms, neither of Us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. We shall not be responsible for losses that result from Our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
8.1.1 loss of income or revenue; 8.1.2 loss of business; 8.1.3 depletion of goodwill; 8.1.4 loss of anticipated savings; 8.1.5 loss of data; or 8.1.6 any waste of time.
8.2 In each case, whether direct, indirect or consequential (howsoever caused) which arise out of or in connection with the Contract.
8.3 This clause does not include or limit in any way Our liability for: 8.3.1 death or personal injury caused by Our negligence; or 8.3.2 fraud or fraudulent misrepresentation; or 8.3.3 any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude Our liability.
8.4 Subject to conditions 8.1 and 8.2, Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price.
9.1 Without prejudice to any other rights or remedies, We may terminate a Contract immediately if You become bankrupt; make a voluntary arrangement under Part I of the Insolvency Act 1986, or make or propose any other composition, scheme or arrangement with (or assignment for the benefit of) creditors; are the subject of an administration order under the Insolvency Act 1986; enter into administrative receivership; are the subject of a resolution for voluntary winding up otherwise than for the purpose of amalgamation or reconstruction when solvent; have a winding up order made against You; are unable to pay Your debts within the meaning of Section 123 of the Insolvency Act 1986; have an encumbrancer taking possession of any of Your assets; threaten or cease to carry out a substantial part of Your business or if there occurs in any jurisdiction any event or process (by whatever name called) equivalent or similar to any event or process mentioned in this clause 9.
10. Events outside Our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by events outside Our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-occurence, omission or accident beyond Our reasonable control and includes, in particular (without limitation), the following:
10.2.1 strikes, lock-outs or other industrial action; or
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
10.2.5 impossibility of the use of public or private telecommunications networks
10.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and We will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which Our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without Our prior written consent. We can transfer all or any of Our rights and obligations under these Terms to another organisation.
All notices sent by You to Us must be sent to McVeigh Parker & Co Limited at email@example.com or post to Southend Bradfield, Reading, Berkshire, RG7 6HA. We may give notice to You at either the e-mail or postal address You provide to Us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
13.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 If We fail, at any time while these Terms are in force, to insist that You perform any of your obligations under these Terms, or if We do not exercise any of Our rights or remedies under these Terms, that will not mean that We have waived such rights or remedies and will not mean that You do not have to comply with those obligations. If We do waive a default by You, that will not mean that We will automatically waive any subsequent default by You. No waiver by Us of any of these Terms shall be effective unless We expressly say that it is a waiver and We tell You so in writing.
13.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999 13.4 These Terms shall be governed by English law and We both agree to the exclusive jurisdiction of the English courts.
14. Win an X Fence Gilet
For a chance to win one of four X fence Branded Gilets, simply share our facebook competition post and enter your details on the competition landing page.
14.1 The promoter of this prize draw is McVeigh Parker, Southend, Bradfield, Reading, RG7 6HA
14.2 By entering the prize draw you agree to the below terms and conditions, to be bound by the decisions of McVeigh Parker
14.3 This prize draw is open only to UK residents who are aged 18 or over. Employees of McVeigh Parker or any other company and/or agency connected with this promotion and their relatives are not permitted to enter.
14.4 The prize draw starts on 3rd September 2021 and closes at 23:59 on 17th September 2021. No purchase is necessary.
14.5 All eligible entries will be entered in the prize draw. Only one entry per person per post. No entries on behalf of third parties will be accepted.
14.6 McVeigh Parker will pick 4 winners on 20th September 2021.
14.7 McVeigh Parker will notify the winners of the prize via Facebook message on 20th September 2021. If a winner does not confirm acceptance of the prize by 23rd September 2021 or is unable to take up the prize, another participant will take place from completed entries and another winner/other winners will be selected.
14.8 The prizes are non-transferable, non-refundable and subject to availability. There is no cash alternative.
14.9 Our decision is final and binding and no correspondence will be entered into regarding the outcome of the draw.
15. In viewing this site the user agrees to the following -
15.1 While every care is taken to ensure that the information on the McVeigh Parker site is correct and up to date, McVeigh Parker does not guarantee that the information on this site is accurate. It should be noted that information may at times be out of date. McVeigh Parker exclude any liability, including that for negligence, for the content of this web site or any downloads from it.
15.2 Though providing a variety of information on this site, it is not intended that this should in any way be interpreted as an invitation to specify from McVeigh Parker or act as a contractual offer to buy goods or services displayed on this site. Fulfilment of an order is subject to acceptance by McVeigh Parker on your order.
15.3 While every care is taken to ensure that any information provided is accurate McVeigh Parker will take no responsibility for any errors or out of date information provided. McVeigh Parker will not be held responsible for any losses or costs that may arise from any contract with the company.
15.4 McVeigh Parker will not be held responsible for any problems that arise from the use of this site and its links or from downloaded information that is available. Use of this site is at your own risk. McVeigh Parker accepts no responsibility for the content and accuracy of the sites it links to, nor does it accept any liability in connection with any such sites of links.
15.5 McVeigh Parker cannot ensure the exclusion of viruses from the web site and no liability is accepted for viruses. You are therefore recommended to take all appropriate safeguards before downloading information from this site.
15.6 Any ideas or comments sent to McVeigh Parker via the web site shall become the property of McVeigh Parker and as such can be used in any future developments. McVeigh Parker holds the copyright over the entire content and links of this site.
15.7 If you are entering any personal information you are advised to refer to McVeighParker privacy .
15.8 Your use of this web site and downloads from it, and the operation of these terms and conditions shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of this web site.
15.9 Once your details have been submitted it is assumed you agree with the terms of this statement.
If you have any questions about our terms and conditions please contact us.