Terms and Conditions

1. Acceptance of Terms

By requesting, accepting, or engaging in the services of Top Fence LTD (“Company,” “we,” “us,” or “our”), you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions. If you do not agree with any of these terms, you should refrain from using our services or entering into a contract with us.

2. Scope of Services

Services Provided: Top Fence LTD specialises in the design, manufacture, and installation of fencing, gates, railings, decking, and pergolas.
Project Estimates: Any estimate or quotation provided is based on the information available at the time. We reserve the right to adjust our estimate if the scope of work changes or unforeseen complications arise.
Project Scheduling: We will make reasonable efforts to schedule and complete the work within agreed timelines. However, scheduling may be subject to change due to weather, supply chain issues, client delays, or other unforeseen circumstances.

3. Formation of Contract

Written Agreement: A binding contract between the Client and the Company is formed upon the Client’s acceptance of a written quote or proposal, or upon signing any written agreement referencing these Terms and Conditions.
Amendments: Any modification to the agreed scope or price must be documented in writing and accepted by both parties.

4. Payment Terms

Pricing: The total price for the project is outlined in the contract or estimate. All prices are subject to applicable taxes, fees, and charges.
Deposits: A deposit may be required before commencing any work. The amount of the deposit will be specified in the written contract or estimate.
Payment Schedule: Payment milestones (e.g., deposit, progress payments, final payment) will be detailed in the written contract or estimate. Invoices are payable within the timeframe indicated on the invoice.
Late Payments: Late or overdue payments may accrue interest or late fees as permitted by law. Failure to pay on time may result in suspension of work until payment is received.

5. Materials and Warranties

Materials: We use high-quality materials and products. Material availability may vary, and we reserve the right to substitute materials of equivalent or greater quality if necessary.
Manufacturer Warranties: Any manufacturer’s warranty on materials is passed on to the Client. The Company is not liable for manufacturer defects but will assist in making reasonable claims under the applicable manufacturer’s warranty.
Workmanship Warranty: We stand behind our workmanship. If defects arise due to workmanship within the warranty period stated in your contract, we will remedy them at no additional cost. This warranty does not cover damages caused by misuse, neglect, or external factors (e.g., extreme weather).

6. Client Obligations

Site Access: The Client must provide safe, secure, and adequate access to the work area for our personnel, vehicles, and equipment during agreed working hours.
Permissions and Approvals: The Client is responsible for securing necessary permissions, approvals, or permits from local authorities or other entities before work begins (unless otherwise agreed in writing).
Utilities: The Client must identify and mark any underground utilities, sprinkler systems, or concealed services. The Company is not responsible for damage to unmarked or undisclosed utilities.

7. Limitation of Liability

Indirect Damages: To the maximum extent allowed by law, the Company shall not be liable for any indirect, consequential, or incidental damages arising out of or related to our services.
Total Liability: The Company’s total liability for any and all claims related to our services shall not exceed the total amount paid by the Client to the Company for the specific project or scope of work in question.
Force Majeure: The Company is not liable for delays or failures caused by events beyond our reasonable control, including, but not limited to, natural disasters, strikes, accidents, or acts of governmental authorities.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company and its employees, agents, and subcontractors against all claims, liabilities, damages, or expenses (including reasonable legal fees) arising out of or connected with:

The Client’s breach of these Terms and Conditions.
The Client’s negligence or willful misconduct.
Failure to disclose necessary information regarding the site or project.

9. Termination

Termination by Client: The Client may terminate the contract before completion by giving written notice to the Company. The Client remains responsible for payment of all services rendered and materials purchased up to the date of termination, including any cancellation fees specified in the written contract.
Termination by Company: The Company reserves the right to terminate the contract if the Client fails to comply with any obligations, including payment obligations, or if external factors make continuation impractical. The Client remains liable for all costs up to the date of termination.

10. Intellectual Property

Design Ownership: Any custom designs, plans, or specifications created by the Company remain the property of the Company unless otherwise agreed. The Client is granted a limited license to use such designs exclusively for the agreed project.
Use of Images: The Company may take photographs or videos of the completed project for promotional purposes, provided no confidential information is revealed. If the Client prefers that images of their property not be used, the Client must provide written notice before project completion.

11. Confidentiality and Privacy

Confidential Information: Neither party shall disclose any confidential or proprietary information about the other without express written consent, except where required by law.
Data Handling: The Company respects your privacy and will handle personal data according to applicable data protection laws. We do not sell or share your personal information with unauthorised third parties.

12. Dispute Resolution

Negotiation: Both parties agree to attempt to resolve any dispute through good-faith negotiation.
Mediation/Arbitration: If negotiations fail, both parties may agree to proceed with mediation or binding arbitration as a cost-effective alternative to litigation.
Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which the Company is registered or primarily conducts business.

13. Severability

If any provision of these Terms and Conditions is found unenforceable or invalid under applicable law, such provision will be modified or removed to the extent necessary without affecting the remaining provisions.

14. Entire Agreement

These Terms and Conditions, along with any written contract or estimate referencing them, constitute the entire agreement between the Client and the Company concerning the subject matter and supersede all prior negotiations, discussions, or agreements.

15. Changes to Terms

The Company reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on our website or communicated in writing. Continued use of our services after such changes implies acceptance of the updated Terms and Conditions.

For any further information or clarifications, please contact Top Fence LTD at:

Phone: (020) 3583 3697
Email: info@topfence.co.uk
Address: [Insert Business Address]

Last Updated: 10/04/2025