TERMS AND CONDITIONS

1. DEFINITIONS


1.1 The term “the Company” shall mean [Company Name]



1.2 The term “the Customer” shall mean the person, firm, or company placing an order with the Company for the work.



1.3 The term “the Quotation” shall mean the offer or quotation given by the Company to the Customer, subject to any Special Conditions set out in contract in respect of the work.



1.4 The term “the Contract” shall mean any work or supply to be undertaken by the Company under the Quotation, subject to the Company’s written acceptance of those conditions and Customer’s express acceptance of these Terms & Conditions.


2. APPLICATION OF CONTRACT


2.1 These Terms & Conditions shall be incorporated within the Contract.



2.2 No terms and conditions stipulated by the Customer shall apply unless expressly agreed to in writing by the Company.



2.3 The Customer shall not cancel the Contract once an order is placed unless agreed by the Company in writing.

3. QUOTATIONS & ORDERS


3.1 All Quotations shall be based on standard Company pricing and shall remain valid for a period of 30 days unless otherwise stated.



3.2 The Company reserves the right to withdraw any Quotation before it has been accepted.



3.3 Any order placed by the Customer shall only be considered valid once the Company has issued a written acknowledgment.

4. CONTRACT PRICE & PAYMENT


4.1 The contract price shall be calculated in accordance with the Quotation and shall be fixed for the validity period stated therein.



4.2 The Company shall issue an invoice upon order completion, and the Customer agrees to settle the invoice in full within the agreed payment terms.



4.3 Failure to make timely payment shall entitle the Company to charge interest on the outstanding amount at a rate of [X]% per month

5. DELIVERY OF GOODS & SERVICES


5.1 The Company shall make all reasonable efforts to deliver goods and services within the agreed timeframe.



5.2 The risk of goods shall transfer to the Customer upon delivery. The Customer shall ensure goods are properly stored and maintained.

6. RETURNS & CANCELLATIONS

6.1 The Customer shall not be entitled to return any goods unless agreed in writing by the Company.



6.2 The Company reserves the right to charge a restocking fee for returned items.

7. LIABILITY & WARRANTIES


7.1 The Company warrants that all goods supplied shall conform to specifications outlined in the Contract.



7.2 The Company’s liability shall be strictly limited to replacement of defective goods.



7.3 The Company shall not be liable for consequential damages arising from contract performance.


8. FORCE MAJEURE


8.1 The Company shall not be liable for any failure to perform due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, strikes, and supplier delays.


9. GENERAL PROVISIONS

9.1 These Terms & Conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings.



9.2 Any modifications to these Terms must be in writing and signed by both parties.



9.3 If any provision of these Terms is found to be invalid, the remaining provisions shall remain in effect.

10. GOVERNING LAW


10.1 This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].

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Formula 7® Fence Post Warranty Coverage Period:

This warranty is provided by Wallstown Hardware Ltd. trading as McNamara Fencing (McNamara Fencing) for a period of 20 years from the date of purchase of Formula 7® fence posts.
Coverage: This warranty covers Formula 7® fence posts against structural decay, fungal attack, and damage due to wood-boring insects as outlined below.

Terms and Conditions:
1. Warranty Registration: To activate this warranty, the owner must complete the warranty registration form provided by McNamara Fencing and pay a non-refundable registration fee of €99 plus applicable Value Added Tax (VAT). The registration form and fee must be submitted within 90 days of the purchase date.
2. Non-Transferrable: This warranty is valid only for the original purchaser of Formula 7® fence posts and cannot be transferred to any other party.
3. Coverage Details: This warranty covers structural damage resulting from decay, fungal attack, and damage caused by wood-boring insects, including termites, specifically for the Formula 7® fence posts mentioned in the submitted proof of purchase. It does not extend to issues such as surface cracks, warping, discoloration, damage due to improper installation, impact, fire, or any other non-decay or insect-related causes.
4. Proper Usage: Formula 7® fence posts must be used for agricultural fencing purposes. Any use outside of their specified application may void the warranty.
5. Exclusion of Concrete Installation: This warranty does not cover posts that have been installed in concrete or any other masonry material. Posts installed in this manner are excluded from warranty coverage.
6. Recommendation for Cut or Notched Wood: To ensure maximum longevity and warranty coverage, any cut or notched sections of Formula 7® fence posts should be treated with an appropriate end grain preservative. This will help prevent potential moisture ingress and enhance the overall durability of the treated wood.
7. Claim Process: In the event of structural decay, fungal attack, or insect damage, the owner must promptly notify McNamara Fencing within 60 days of discovering the issue. A completed claim form and certificate of warranty must be provided when filing a claim. The owner must not to dispose of any failed Formula 7® fence posts until the claim has been fully processed and resolved by McNamara Fencing.
8. Inspection and access rights: McNamara Fencing may request, with the property owner’s express consent, access to the land where the Formula 7® fence posts are located. This access will be for the purposes of verifying the accuracy of the information provided in the registration form and assessing any affected posts during the process of a claim for decay, fungal attack, or insect damage. This process may involve the taking of photographs of the fence posts as part of the verification and assessment process. Please be aware that if access is refused and McNamara Fencing is unable to assess the posts in question, this may result in the denial of warranty registration or a claim related to those specific posts.
9. Discounted Replacement Benefit: If the decay, fungal attack, or insect damage is determined to be covered under the warranty, McNamara Fencing will provide a discount towards the purchase of a new fence post. The discount will be initially calculated based on the remaining years in the warranty period and the current price of a replacement post. For example: If a fence post fails after 5 years i.e., 75% of warranty period remaining. McNamara Fencing will offer the end user a discount of 75% against an equivalent new fence post.
10. Exclusions: This warranty does not cover any consequential or incidental damages, labour costs for installation or removal, disposal costs, loss of use, loss of profits, or any other indirect damages.
11. Limitations: McNamara Fencing’s liability under this warranty is limited to providing a discount for the purchase of a replacement post, as outlined in point 9. Warranty coverage shall not extend to any replacement posts supplied.
12. Termination: This warranty will be null and void if the wooden fence posts are altered, moved from their original installed location, modified, or repaired by unauthorized individuals or if the posts are used in ways inconsistent with their intended purpose.
13. Legal Jurisdiction: This warranty is governed by the laws of the Republic of Ireland. Please keep a copy of the proof of purchase, the original warranty registration form, proof of registration fee payment, and this warranty document for your records. For warranty inquiries and claims, please contact McNamara Fencing at the provided contact information. By registering for this warranty, paying the registration fee, and utilizing Formula 7® fence posts, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this warranty

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