PINNACLE FENCING – GENERAL TERMS AND CONDITIONS OF SALE
1. ABOUT THESE TERMS
These terms apply to quotations, orders and the supply of goods by Pinnacle Fencing. They should be read with our Delivery Information, Returns Policy, Warranty Terms, Privacy Notice and Cookie Policy. Nothing in these terms excludes or restricts any right or remedy that cannot lawfully be excluded, including a consumer's statutory rights under the Consumer Rights Act 2015. If you are a consumer, provisions stated to apply only to business customers do not apply to you.
2. QUOTATIONS AND CONTRACT FORMATION
Website prices and configurator totals are indicative until checked and accepted by Pinnacle Fencing. A purchase request is not acceptance of an order. A binding contract arises only when Pinnacle Fencing expressly accepts the order and, where required, receives cleared payment. Quotations are based on the information supplied by the customer and may be revised if dimensions, quantities, specification, access, delivery requirements, taxes or other relevant information changes.
3. PRE-CONTRACT DOCUMENTS AND ELECTRONIC ACCEPTANCE
For website purchase requests, Pinnacle Fencing may require the customer to review and individually acknowledge the Delivery Terms, these General Terms, the Returns Policy, the applicable Warranty Terms and the Privacy Notice before the purchase request is released for payment processing. A purchase request is held pending until the required acknowledgements are completed. We may retain an electronic audit record of the acknowledgement date and time, the version or content hash of each document presented, the purchase-request reference and proportionate technical information used to evidence the transaction. After acceptance, the customer will be sent confirmation on a durable medium containing or reproducing the contractual documents applying to that purchase request. Cookie and marketing choices remain separate and are not a condition of buying goods.
4. CUSTOMER RESPONSIBILITY FOR SPECIFICATION
The customer is responsible for checking dimensions, quantities, colour, finish, height, layout, post type, gate requirements and all other order particulars before acceptance. Images, screen colours, samples and photography are illustrative: natural light, screens, batches and manufacturing tolerances may cause reasonable variation. The customer must satisfy themselves that the goods are suitable for the intended site and use. Unless expressly agreed in writing, Pinnacle Fencing supplies goods only and does not survey, design foundations, assess ground conditions, install, or accept responsibility for third-party installation.
5. INSTALLATION, SITE AND REGULATORY MATTERS
The customer and installer are responsible for site measurement, setting out, foundations, drainage, underground services, structural adequacy, planning requirements, boundaries, permissions and compliance with applicable law and good installation practice. Goods must be stored, handled, cut, drilled and installed in accordance with current Pinnacle/manufacturer instructions. Alteration, misuse or installation contrary to those instructions may invalidate warranty cover to the extent it caused or contributed to the issue.
6. PAYMENT AND TITLE
Payment is due as stated in the quotation or order confirmation. Pinnacle Fencing may withhold manufacture, dispatch or delivery until cleared funds are received. Title to goods does not pass until Pinnacle Fencing has received all sums due for those goods. Risk passes in accordance with applicable law and the Delivery Information; for consumers, statutory rules governing transfer of risk are preserved.
7. AVAILABILITY AND CHANGES
Products are subject to availability. Pinnacle Fencing may make non-material changes required by law, safety, supply availability or manufacturing improvement, provided these do not materially reduce the product's principal function or quality. Material substitutions will be agreed with the customer.
8. DELIVERY
Delivery is governed by the Delivery Information published on this website and supplied with the order. Delivery dates and lead times are estimates unless Pinnacle Fencing expressly agrees a guaranteed date in writing. No timed delivery is available unless specifically agreed in writing. The customer must provide accurate access information and ensure safe, lawful and unobstructed access for the delivery vehicle.
9. INSPECTION ON DELIVERY
The customer should inspect the delivery as soon as reasonably practicable and, where possible, before moving, cutting, installing or otherwise using the goods. Visible transit damage, apparent shortages, incorrect items or quantity discrepancies should be notified to Pinnacle Fencing within 72 hours of delivery wherever reasonably practicable, with clear photographic evidence of the goods, packaging, labels and delivery as received. Visible issues should also be recorded on the carrier's delivery record where reasonably possible.
Where an issue could not reasonably have been identified on an initial inspection, the customer should notify Pinnacle Fencing as soon as reasonably practicable after discovery. Goods should not be installed, cut, drilled or modified where an obvious defect, incorrect item or visible transit damage has been identified until Pinnacle Fencing has had a reasonable opportunity to investigate.
The 72-hour notification request is intended to preserve evidence and allow prompt investigation with the carrier. It does not exclude, restrict or otherwise affect any mandatory statutory right or remedy available to a consumer.
10. CANCELLATION AND RETURNS
Cancellation and returns are governed by the Returns Policy. Consumers purchasing at a distance may have statutory cancellation rights for eligible goods. Those rights do not apply in every case, including certain goods made to the consumer's specifications or clearly personalised. No restocking or administration charge will be applied where doing so would unlawfully reduce a consumer's statutory refund.
11. LIABILITY – CONSUMERS
Nothing excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights, or any liability that cannot lawfully be excluded. For consumers, Pinnacle Fencing is responsible for losses that are a foreseeable result of our breach or failure to use reasonable care and skill, subject always to rights that cannot lawfully be limited. We are not responsible for business losses suffered by a consumer using the goods wholly or mainly for business purposes.
12. LIABILITY – BUSINESS CUSTOMERS
For business customers only, to the fullest extent permitted by law, Pinnacle Fencing is not liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill, production, opportunity, or any indirect or consequential loss. Subject to liabilities that cannot lawfully be limited, our aggregate liability arising from an order shall not exceed the price paid for the goods giving rise to the claim. The business customer is responsible for maintaining appropriate insurance and for losses caused by its installers, contractors, site conditions or failure to follow instructions.
13. EVENTS OUTSIDE OUR REASONABLE CONTROL
Pinnacle Fencing is not responsible for delay or failure caused by circumstances beyond our reasonable control, including severe weather, road closure, traffic incidents, vehicle breakdown, carrier disruption, accidents, fire, flood, industrial action, shortage of materials, supplier failure, utility interruption, governmental action or other comparable events. We will take reasonable steps to minimise the effect and resume performance when reasonably possible. Consumer statutory remedies for material delay remain unaffected.
14. WARRANTY
Any commercial product warranty is additional to, and does not replace, statutory rights. The current Composite Fencing Warranty Terms are published separately on this website.
15. INTELLECTUAL PROPERTY
All website content, drawings, photographs, designs, branding and quotation materials remain the intellectual property of their respective owner and may not be reproduced commercially without permission.
16. PERSONAL DATA
Personal data is handled in accordance with our Privacy Notice and Cookie Policy. Marketing consent is optional and separate from acceptance of these terms.
17. SEVERABILITY AND WAIVER
If any provision is found invalid or unenforceable, the remaining provisions continue in force. A delay in enforcing a right does not waive it.
18. GOVERNING LAW
These terms are governed by the law of England and Wales. If you are a consumer resident elsewhere in the UK, you retain any mandatory protections and rights to bring proceedings available under applicable law. Business customers submit to the exclusive jurisdiction of the courts of England and Wales.
19. CONTACT
Questions about an order should be sent to the contact details published on this website.
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