Terms & Conditions

Katzecure Services Limited
TERMS AND CONDITIONS OF BUSINESS
Katzecure Services Ltd. whose registered office is Wessex House, Teign Road, Newton Abbot, TQ12 4AA supplies goods under the following terms and conditions:

1 Introduction

1.1  The meaning of some words used in these terms and conditions:
'we', 'us' or 'our' is a reference to Katzecure Limited, 'you' or 'your' is reference to the person to whom we are supplying Goods and who is required to pay for the Goods we supply. 'Goods' means the goods we shall buy for you and goods which are manufactured for you and which you will pay for.
1.2  Our contact details are Katzecure Ltd, Unit 11 Lapthorne Industrial Estate, Totnes Road, Ipplepen, NEWTON ABBOT, TQ12 5TN. E-mail: information@katzecure.com or phone 0800 345 7003

2 Making an order

2.1 When you place an order you are making an offer to buy the Goods you have 
specified at the price stated for those Goods from us. At this stage there is not a binding contract between you and us. We will conduct all business in a responsible and ethical manner. To achieve this we consistently monitor our products and services and when necessary make adjustments to improve performance or to comply with changes in regulation and legal requirements.

2.2  We will acknowledge your order to confirm that we have received it whether by email (if you have placed the order online) or by post (if your order is placed over the telephone). The confirmation will provide details of what you have ordered and the price that will be charged as well as other information about the progress of your order and estimated dispatch and delivery information. At this stage there will not be a binding order between you and us.
2.3  The Order Acceptance will only cover the Goods mentioned in it and may not cover all the Goods you ordered. If this is the case then the offer you made for those Goods will only be accepted when we send a further Order Acceptance.
2.4  It is important to note that it is your responsibility to ensure that you check the details of your order and if you have any queries that you raise them with us within 24 hours.
3 Price of Goods

3.1  We try our best to display accurate and up to date prices, whether in our catalogues or on our website or price list. We cannot state the definite price until we send you the Order Acceptance.
3.2  If the price of the Goods is different at the time we are ready to send the Order Acceptance to what it was at the time you placed your order then there are two possibilities:
3.2.1  If the price is lower at the time we send the Order Acceptance then we will charge you the lower price and dispatch the Goods; or
3.2.2  If the price is higher at the time we send the Order Acceptance then we will either cancel your order or contact you to ask you either whether you wish to pay the higher price or to cancel your order. If we cancel the order or you choose to cancel the order yourself and you have already made any payment(s), we will give you a refund.
3.3 All prices shown are inclusive of VAT at the current rate.

4 Availability and dispatch of Goods

4.1 Any times and dates given for dispatch of Goods and installing the products (or the length of time that Goods will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay will be substantial or if the Goods will not be available at all for dispatch we will offer you the option to cancel your order and refund any payment(s) to you.

5 Delivery only (not using the Katzecure Installation Services)

5.1  We only make deliveries in the mainland of the United Kingdom, however we are happy to dispatch items by postal service Internationally.
5.2  We may deliver Goods in one or more instalments.
5.3  Delivery times are estimations only. We will update you as soon as we are

aware of a change or alteration in the delivery time.
6 Installation by Katzecure

6.1  Installation services can be purchased from us. Due to the nature of the work the exact arrival and completion times cannot be guaranteed, however estimated times will be provided to you.
6.2  When opting to use our installation services, garden fences must be accessible and clear of garden furniture, ornaments and equipment prior to the arrival of the installer. An additional charge may be made for any clearance work required or any subsequent delay as a result of clearance. Failure to clear an access area prior to installation will result in a delay and we can accept no responsibility for this.
6.3  Our installers undertake to carry out their work with reasonable care and skill but even with the greatest of care, some plants, furniture or garden decorations may be marked, scuffed or damaged during the installation process. It is important that you clear the installation area of any ornaments, furniture or plants which may be damaged during the installation process. Newly treated wood panelling should be allowed to fully dry before installation, a minimum of a week is recommended. We will not accept any liability for loss or damage to panelling, plants, furniture and/or decorations as a result of the installation process.
6.4  Existing garden gates may need to be trimmed to allow adequate and even clearance. This is specialised carpentry work which fitters are unable to undertake and is not part the installation work unless this has been specifically agreed. In the event that the gates do not have sufficient clearance the fitters may remove the gates to allow installation and leave the gates ready for you or your appointed carpenter to carry out the trimming. We accept no liability for any cost associated with carpentry or remedial work in order to allow adequate and/or even clearance onto the gates.
6.5  If the product fails to contain your cat we will return to your premises and attempt to rectify any defect with the product. If following our attempts to rectify any defects, it is mutually agreed that we are unable to fully contain your cat, we will refund your payment and collect the product from your premises at a mutually convenient time. We are unable to refund any delivery charges. Please contact us by email at information@katzecure.com to arrange this.
7  Parking

You are responsible for ensuring that there are sufficient parking facilities for us to deliver our Goods to your site and, if our installation service has been purchased, for our installers’ vehicles. We cannot be held responsible for any delays as a result of being unable to deliver due to parking restrictions in your area.
8  Limitation of liability
8.1 If the Goods we deliver are not what you ordered, are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you

unless you use reasonable efforts to notify us in writing or by telephone of the problem within 10 working days of the delivery of the Goods in question.

8.2 If you notify us of a problem under this condition, our only obligation will be, at your option:

8.2.1 To make good any shortage or non-delivery;
8.2.2 To replace or repair any Goods that are damaged or defective; or 8.2.3 To refund to you the amount paid by you for the Goods in question in

whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or

goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under Clause 8.1 above.

8.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

9 Cancellation rights

9.1 If you choose to install the products yourself:

9.1.1 You can cancel this contract within seven days of your receiving the Goods. The seven-day period starts on the day after you receive the Goods. Postal charges are non-refundable.

9.1.2 To cancel the contract you will need to confirm this in writing. You can send the letter by post, email or by personal delivery. Contact details for where to send the letter are set out in paragraph 1.2 above. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.

9.1.3 Whilst you reserve the right to cancel in accordance with clause 8, you are reminded that once the Goods are in your ownership you are fully responsible for them. We reserve the right to charge upon inspection for any damage caused to returned Goods.

9.1.4 Please note that you are responsible for the cost of returning the goods to our warehouse unless the Goods that have been delivered are faulty or the wrong items have been provided. If we do not receive the Goods back from you within seven days of receipt of your notice of cancellation, we will arrange for the collection of the goods and invoice you for the cost of collection.

9.1.5 Please allow up to 30 days for the process of any refund (note that delivery and packaging charges are non-refundable and that once installed any cut timber or installed fencing is also non-refundable).

9.2 If we are instructed to install the products for you

9.2.1 Please allow up to 30 days for the process of any refund (note that delivery and packaging charges are non-refundable and that once installed any cut timber or installed fencing is also non-refundable).

9.2.2 If you instruct us to install the goods and you wish to postpone or cancel your order you must advise us seven days prior to arrival for installation. Failure to advise us within the stated time frame will result in cancellation charges

10 Invalidity

10.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11 Payment Terms

11.1 Upon acceptance of the order, 50% of the payment must be made at the time of agreement of terms. This 50% will be the initial deposit. The balance outstanding must be paid upon completion.

11.2 Any payment made outside of 7 working days from the day of completion will be referred to our nominated Solicitors. We will hold you responsible for all costs, legal fees and damages associated with any late payment.

11.3 We reserve the right to claim statutory interest at 8% above the Bank of England base rate for late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

11.4 In the event of a late payment any discount, offer, incentive, private offer or waiver will be void and you will be responsible for the full non promotional offer of the Goods/service.

12 Warranties

12.1 We are committed to ensuring that our product works effectively in securing your cat within the confines of your garden. It is, however important to note that cats are naturally curious animals, and they will attempt to test the Katzecure System. We will not be held responsible if your cat escapes and/or is subsequently injured or killed following the installation of our equipment. The system does work, however supervision of your pets is always recommended.

13 Title

13.1 It is important to note that all Goods will remain the property of Katzecure and title will not pass to you until full payment is received and any funds that are received are cleared. We have the right to make an application to the relevant court of law to remove any items from your property which remain unpaid for a period in excess of 30 calendar days.

14 Contracts (Rights of Third Parties) Act 1999

14.1 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

15 Planning Permission

15.1 It is important to note that Katzecure has no responsibility regarding planning regulations and local by-laws which may apply to your geographical area. You must take reasonable steps to ensure that you have sought the required consents from your neighbours and/or local authority in connection with planning and/or building regulations if necessary. Furthermore you agree to indemnify Katzecure against any claim, loss, damages or costs from the local authority and/or third party against any claim for breach of planning regulations and/or lack of consent.

16 Law and jurisdiction

16.1 This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.