1.0 TERMS & CONDITIONS FOR CONTRACTED WORKS
1.1 Cancellation - you have the right to cancel your order 14 days from the date you paid your deposit payment – unless condition 1.6 is apparent.
1.2 Payment of your deposit is deemed as acceptance of our terms and conditions for contracted works in full.
1.3 Fencing, standard gates & decking installations require a minimum £50.00 deposit to secure your position in our works programme. Standard timber buildings require 20% of the total invoice value to be paid at point of order to secure your position in our works programme. Any fully bespoke product to include, but not limited to, bespoke buildings, gates, pergolas, etc. require 50% of the total invoice value to be paid at point of order to secure your position in our works programme. You may be asked to pay in full for some bespoke products prior to HAYMAC manufacturing your product if the product is unusually unique and cannot easily be sold if your order is later cancelled.
1.4 Your deposit payment will be refunded if you cancel within 14 days from the date of your deposit payment except where condition 1.6 has substituted condition 1.4.
1.5 Your deposit payment is non-refundable on cancellation if cancelled after 14 days as HAYMAC will have allocated time and resource in processing your order, materials will have been ordered and work may have started on your product.
1.6 If you agree to a collection, delivery or installation date inside of 14 days from your deposit payment date, you will have agreed to waive your right to a deposit refund. You may have been asked to pay in full at the time of order for a bespoke product - on cancellation your full payment is not fully refundable, see condition 1.9.
1.7 Payment in full is required prior to collection, delivery or delivery and installation for timber buildings and gates and on the day of completion for onsite fencing & decking works. Please ensure that your final payment is received with at least 7 clear working days prior to the original date given for collection, delivery or delivery and installation for gates & timber buildings. Payment in full includes any and all outstanding costs attributed to your account. For non-payment of timber buildings and gates after 14 days of due collection, delivery or installation date you will have been deemed to have cancelled your purchase, see condition 1.5. Failure to settle your account for fencing & decking works on the day of completion may result in your installation being removed with additional costs sought, see condition 1.8. The title to all products used for your works remains the ownership of HAYMAC until all outstanding debts are paid in full.
1.8 Where HAYMAC products have been installed and full & final payment has not been made in line with condition 1.7, HAYMAC reserves the right to remove all our products from your property and seek cost re-imbursement for the full value of the labour element of your works (being the full value of your HAYMAC quotation for the works less materials recovered costs as per our shop list price) plus all labour removal costs and any and all other additional costs identified. Your debt will be handed over to a debt recovery company and their costs and any legal costs necessary to recover our debt will be added to your HAYMAC account debt. See labour rates - condition 1.18.
1.9 Once you have made your final payment or paid in full for a bespoke product that has been manufactured by HAYMAC you will not receive a full refund should you choose to cancel your order. For standard products you will receive 50% of the original total product value as a refund for cancellation after full payment has been made. This standard product 50% refund does not include any additional costs that have been attributed to your account, these additional costs will be deducted from your refund balance. Completed bespoke products full payments are non-refundable. Where your product has not been fully manufactured prior to cancellation HAYMAC, at their discretion, may refund your full payment less your deposit payment less any manufacturing costs incurred to the date of cancellation as a refund. Manufacturing costs incurred will have a value of up to 50% of the difference between full payment value less deposit value as an extra cost over and above the non-refundable deposit payment.
1.10 All boundary and fence lines are to be clearly identified by the client onsite prior to, and where practicable, during fence installation. HAYMAC accepts no responsibility for identifying the correct fence run locations, although all efforts will be made to ensure correct fence location installation, it remains the client’s responsibility to ensure that fence run locations are correct at the time of installation. If you are unable to be onsite during your fence installation please make it clear to our installers where the agreed boundary line is before works commences, if possible, clearly mark the start and finish points and any changes in direction along the boundary line or proposed line of fence installation. Confirming ownership of the boundary where the fencing is to be installed or the right to replace any existing fencing is the responsibility of the client. Where there is an existing boundary dispute the client must inform HAYMAC of such prior to work commencing and written consent to proceed with the works between all parties involved in the boundary dispute forwarded on to HAYMAC prior to site works commencing.
1.11 The responsibility for any Governmental or local planning authority consents or building regulation compliances required as part of the work identified within your quotation is the sole responsibility of the client. We can offer guidance from our extensive experience but accept no responsibility for ensuring your installation is within Governmental or local planning authority guidelines or building regulations compliances or approvals. It is the client’s responsibility to ensure any and all compliances necessary for the completion of works identified are sought and agreed to prior to works commencing.
1.12 Where a timber building, structure or fence installation has been manufactured in line with client approved drawings, documents or HAYMAC quotations that cannot be installed for any reason or has been installed and requires additional work to overcome onsite issues which are outside of HAYMAC control, HAYMAC accepts no responsibility or liability for any costs incurred in rectifying the problem or consequential loss. Should it be possible to overcome the issue on site with additional works and or materials the client will be charged in accordance with our additional written cost’s quotation. Paying your deposit is deemed acceptance of the work as detailed in your quotation or as per our product description on our website.
1.13 HAYMAC requests that all buried services are to be clearly identified, by the client or their representative, at the on-site locations prior to the commencement of site works using clearly identifiable coloured marker paint (where practicable) suitable for the type of service identified. All buried service locations are to be identified to HAYMAC staff on commencement of work. Where available HAYMAC requests all relevant authority buried cable/service charts - including but not limited to gas, water, electrical, drainage, telecommunication, televisual (terrestrial & satellite) services, are made available to HAYMAC site staff at the commencement of work. Where buried cable/service charts are not available, the client assumes full responsibility for identifying any such buried service and assumes responsibility for any damage and repair necessary caused to a buried service where it has not been clearly identified. We will always make best efforts to avoid any buried service where we can easily identify it with the aid of a cable avoidance tool, please note buried drainage and plastic pipes cannot be detected using this method.
1.14 HAYMAC accepts no liability/responsibility be it financial or physical for any damage made to, or subsequent repair of, any service equipment / ducting / drainage pipework / electrical cable or circuit / water / gas / telecommunication / televisual (terrestrial or satellite) services or below ground structure damaged as part of the above works where not clearly identified as in item 1.13.
1.15 For your work, HAYMAC has assumed that all post excavations will be of an uninterrupted soil excavation (soil/chalk/flint) unless priced accordingly. Ground found to have unforeseen foreign debris or foreign obstructions such as, but not limited to, roots larger than 30mm, made up ground consisting of hardcore/brick rubble, concrete/brick footings, existing below ground cut off fence posts and associated concrete supports, waste/drainage pipes, electric cables, gas pipes and mains, water pipes and mains, telecommunication cables, televisual cables (terrestrial or satellite), wells and all other unidentified services, structures or obstructions, contaminated/hazardous ground will have any additional work required to overcome the obstacle charged on a time plus materials basis at the rates identified in item 1.18. Should any hazardous waste/material become apparent (such as Asbestos, PCB’s, injurious plants such as Giant Hogweed, etc.) our work will have to cease until the hazardous material has been safely removed by others with associated costs covered by the client. In the instance where hazardous material becomes apparent the client will be responsible for any abortive HAYMAC works costs identified.
1.16 For your work HAYMAC has assumed full and unrestricted access to the site for a minimum of 9hrs per day between the hours of 0800hrs and 1700hrs.
1.17 For your fence installation HAYMAC has assumed that the ground conditions are suitable for the support of the posts to be installed at a standard depth of 600mm. Where the ground is found to be unsuitable for post installation at the standard depth of 600mm, additional labour and materials may need to utilised and will be charged to the client in line with the rates identified in item 1.18. Where posts have been installed but later move out of plumb or off line after installation due to ground conditions changing (water logging, adjacent excavations, etc) HAYMAC will not be held responsible and will not be liable for any remedial repair costs.
1.18 Delays to the works placed upon HAYMAC caused by the client, any third party or hazardous materials found at the client’s property or any other reason outside of HAYMAC’s control will be charged to the client at a rate of £30.00 plus VAT per hour per HAYMAC employee on site associated with the delay, minimum charges apply in 30-minute increments. Where the work is aborted whilst HAYMAC staff are on site due to any issue that is outside of HAYMAC’s control the client will be liable to pay the abortive labour costs and labour costs already utilised on site at a rate of £30.00 plus VAT per hour per HAYMAC employee on site associated with the abortive works to a maximum of 8hrs plus the cost of all material utilised on site at our retail shop prices. Should the work be able to continue, after any issues causing the original works to have been aborted have been mitigated, the original value of the work will be charged in addition to any and all abortive works costs at the rates identified. Work cancelled prior to HAYMAC starting work on the first day will not be classed as abortive work and is covered by item 1.1.
1.19 It is the responsibility of the client to inform all adjacent neighbours of the works to be carried out and gain any access consents necessary. Please note that for fencing works it will be necessary to work from both yours and your neighbour’s side of the boundary fence.
1.20 The date you are given for installation may be liable to change due to weather conditions and our existing works that may over run. The nature of our works means that we cannot safely work in periods of high wind or rain and we cannot foresee works overruns due to below ground conditions causing us delays on our installation works and as such everyone in our works programme is put back in order of agreed start date if we experience any delays. We will give you a proposed on-site start date for your works when you place your order with us. One week before we are due to start on site we will call and confirm the start date or advise of any delays. Please be aware that we may need to change the start date on the actual day of works commencement if high winds/heavy rain is forecast or becomes apparent. If you cannot remain flexible with your start dates please do not place your order with HAYMAC.
1.21 Timber building and fencing materials delivery only are to a road side location (kerb side) or drive way - please do not ask our staff to carry your product to your intended installation location as refusal often offends.
1.22 For timber building installation HAYMAC assumes a clear and unhindered access route - see Item 1.23 & 1.24 – of no greater in length than 30m or 100ft from our delivery vehicle to the point of installation. If the distance required for installation is greater than 30m or 100ft please identify this to HAYMAC. HAYMAC will make allowance for the enhanced carry required for your timber building and may, at their discretion, choose to add additional costs to your installation fee.
1.23 Where timber buildings and fencing materials need to be delivered through your house for installation any and all responsibility for damage caused to your property or possessions will be the sole responsibility of the client - by agreeing to let HAYMAC staff enter your property for the purpose of delivering products or materials, you will have agreed to waive your right to any compensation for damage caused. You will need to provide and install any protective floor covering required prior to HAYMAC starting work - please do not ask our staff to remove their shoes as their shoes are part of their personal protective equipment and will not be removed. DELIVERY THROUGH YOUR HOUSE IS NOT AVAILABLE DUE TO COVID 19- OUR STAFF ARE NOT ALLOWED INTO YOUR HOME AT THE MOMENT.
1.24 Timber buildings and fencing materials delivery for HAYMAC installation cannot be made over fencing, garages or any other building or height restriction. Please ensure an unhindered access route is available for your delivery and installation, where the access is restricted in height or width in relation to the product you are having delivered you must ensure any height/width restriction is removed prior to delivery - check with HAYMAC what height/width clearance is necessary for your product (timber buildings, at additional cost, can be manufactured to fit through a standard doorway). Where a product needs to be carried over a fence, building or height restriction for HAYMAC installation, HAYMAC will deliver to site from which point it is the client’s responsibility to arrange delivery of the product to the intended installation position, at which point HAYMAC will return to complete the installation on an agreed date. The client accepts all costs associated with the transportation of their product from HAYMAC delivery point to final installation point.
1.25 Please note that threatening and abusive language or threats of violence to any member of HAYMAC staff by the client or adjoining property neighbour will result in the cessation of works and the client being charged for work carried out to date and any additional abortive labour costs as identified in item 1.18.
1.26 Damage to flowers, shrubs, trees and lawns cannot be avoided due to the nature of our works, we will always undertake your installation using the best care possible to avoid any damage to existing lawns, plants, shrubbery and trees. Should you have any plants, shrubs or trees within a 2ft radius of any fence post we are due to replace or install from new OR within a 5ft radius any timber building or structure we are to install please temporarily lift any plants or shrubs you do not wish to have damaged and replace after the installation, please cut back any trees needed to give us clear access to our work area. If you have asked HAYMAC to cut back any trees it is your responsibility to lets us know what you want cut back. We cannot also avoid walking on and or working from your lawn. Any damage to your lawn, plants, shrubs and trees is to be your responsibility for repair or replacement as you will have agreed to our Terms and Conditions on appointing HAYMAC to undertake your works.