GENERAL TERMS & CONDITIONS

1.1 By placing an order with Mulberry Gates, you agree to be legally bound by our Terms and Conditions, any questions regarding our terms and conditions please contact us.

1.2 All content and copyright on this site is owned or licensed by Mulberry Gates, you are permitted to view/print individual pages for your own personal use. For any other use must be with our written consent.

Purchasing

2.1 All specifications, sizes, photographs and drawings issued are an approximate idea of the goods described in them, therefore are intended as a guide only. They do not form part of the terms and conditions.

2.2 As confirmation of order we will take a 50% deposit, within 7 days of the pro-forma being issued. If we do not receive a 50% deposit, we will not process the order.

2.3 Orders can be amended up to the period of a pro-forma being issued, on this pro-forma all amendments will be visible in bold.

2.4 Please note, any corrections to orders that are in the manufacturing process or sourcing process charges will be applied. 2.4 We reserve the right to increase the contract price should any additional work be carried out, for example obstructions when excavating posts/cabling.

Delivery

3.1 The time and date of delivery is not bound by these terms and conditions.

3.1.1 We will not be held liable for any loss or damage suffered by you through any reasonable delay due to unforeseen circumstances that are outside our control for example, wet weather conditions delaying the installation process.

3.2 You must inspect all goods on the date of delivery/installation as you will become the owner of the goods you have ordered once they have been delivered/installed, we will not be held liable for the loss, damage or deconstruction

3.3 If you do however find a defect you must report it to us via email within 14 working days of the installation and we will try and rectify the issue.

3.4 Risks of damage passes to you on the date of delivery/installation. You will only own the goods once the installation process has been completed and the final payment has been received by us in full.

Cancellation of Contracts

4.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to this contract. This does mean that you have the right to cancel within 14 days of placing your instructions. This applies to all goods, excluding bespoke products that have been manufactured to suit individual orders.

4.2 We reserve the right to cancel an order if we do not deliver to your area, one or more goods was listed at an incorrect price due to a typographical error or an error in price made to us by our suppliers. If we do cancel your order for any of these reasons you will be notified by email, any payment received to us from yourself will be re-credited to your account as soon as possible, but in any event 30 days of cancellation.

Liability

5.1 We are only reasonable for losses that are a consequence of our breach of these terms and conditions. We will not accept liability if we are prevented or delayed from complying with our obligations by anything you do or fail to do, or is due in events which are beyond our reasonable control nor for any cost regarding installation of the goods

5.2 These terms and conditions are not intended to limit your rights as a consumer nor exclude our liability to you.

CONDITIONS OF SALE

Standard Terms & Conditions
These Terms and Conditions explain your rights and obligations in relation to any good ordered from Mulberry Gates.

1.1 By placing an order with Mulberry Gates, you agree to be legally bound by these Terms and Conditions.

1.2 A 50% deposit will be taken as confirmation of order, the remaining payment will be received on the date of installation. Mulberry Gates own all goods that have not been fully purchased

1.3 By placing an order with us you are allowing us to use your personal details to enable the required work to be carried out, this information WILL NOT be shared with other companies to do so.

1.4 All of our prices are exclusive of VAT at the current rate.

Quality

2.1 All of the wood that Mulberry Gates use is within the highest quality, however wood is a natural product, therefore it is susceptible to changes in an outside environment. Changes in adverse weather conditions can cause a reaction to the wood. During wet weather conditions wood panels may misshapen, but this process may be reversed during dry weather periods.

2.2 Mulberry Gates, can not prevent or give any guarantee against minor warping, bowing, splitting or discolouration once the product has been accepted.

2.3 If you do receive the product untreated/oiled you must fully treat your product prior to exposure to the elements and you must maintain a good level of treatment, we recommend oiling your cladded gates once a year.

2.4 Mulberry Gates will not be held liable for any damage to the wood as a result of your failure to treat the product.

Delivery/Installation

3.1 Mulberry Gates will provide an estimated time of delivery/installation, please note this is only an estimation therefore we will not be held liable for any loss or damage suffered by you through any reasonable delay due to unforeseen circumstances outside our control or that of your subcontractor.

3.2 Final payments to be made on the date of installation/completion of work.

Cancellation of Contracts

4.1 Cancellation of your contract will not be accepted by Mulberry Gates if the goods/products you have ordered is of a bespoke nature (i.e made to measure). Any changes that you wish to make to your order, please contact us as soon as possible, we will endeavour to help with the necessary changes. If possible Mulberry Gates, will let you know about any changes to the price of the goods, the timing and date of installation or any other information that is relevant to your requested change of order.

WARRANTY

Metalwork

1 year warranty on all powder coating, this DOES NOT include wear and tear.
10 years warranty on all welds undertaken by Mulberry Gates, this DOES NOT include general wear and tear.
ALL Metalwork that has been Galvanzied comes with a 15 Year Warranty, this DOES NOT include wear & tear.

Automation by Mulberry Gates

• 36 month manufactures warranty on all gate automation motors and control panels, installed by Mulberry Gates, please note this DOES NOT include general wear and tear.
• 24 month manufactures warranty on all photocells, please note this DOES NOT include general wear and tear.
• Keyfobs can suffer damage via various different elements (including water), therefore, we DO NOT offer any type of warranty on keyfobs provided as part of our installation service. Replacement/additional keyfobs are available but are subject to a callout fee of £85.00 + VAT plus the cost of any parts (i.e the new fob) which start from £45.00 + VAT.
• 24 month manufactures warranty on all intercoms, supplied and installed by Mulberry Gates, please note this DOES NOT include general wear and tear.
• Please note there will be a £85 + VAT charge for all call outs (this charge is required to be paid in full before the site visit can be carried out) , after one hour of arrival an additional charge will be £65 + VAT per hour (if the fault is of human error or general wear and tear).

DEA GATE AUTOMATIONS WARRANTY, CONTESTATIONS AND RETURNS

Since Products such as photocells, remote controls and other accessories undergo more wear and tear than other products, DEA GATE AUTOMATION warrants the absence of any vices and/or defects in the abovementioned Products for 27 (twenty-seven) months as from the manufacturing date, to be proved by a valid tax document carrying the data of the purchased Product and by the label pasted to each Product bearing the code and the manufacturing date.

On motors and control panels, DEA GATE AUTOMATION warrants the absence of any vices and/or defects for 36 (thirty-six) months as from the manufacturing date printed on the original label out by DEA GATE AUTOMATION. The Customer acknowledges that the purchase regulated by this Contract is not a sale by sample.

DEA GATE AUTOMATION shall repair for free or, at its sole discretion, shall substitute the defective Products for manufacturing defects. The warranty does not cover return/shipping costs to be incurred by the Customer for sending and receiving of materials repaired / replaced. It is agreed that the warranty here above is limited to the vices/ defects of the Products expressly acknowledged and accepted by DEA GATE AUTOMATION, it being understood that any other injury, damage or expense of any nature incurred by the Customer is excluded.

All Products that are replaced will remain the property of DEA GATE AUTOMATION special conditions, or when the relevant Products have been repaired by third parties without the prior consent of DEA GATE AUTOMATION.

Any claim or dispute arising from a single Product will not exempt the Customer from the obligation to collect the remaining amount of Products, in accordance with the agreed terms and conditions of delivery.

Under penalty of cancellation of the warranty, the Customer shall notify in writing, by Royal Mail Signed for 1st Class, the found vices/defects within and no later than 14 (fourteen) days as from the delivery date, or, in case of hidden vices/defects, within and no later than 14 (fourteen) days as from the date of the relevant discovery. The burden of the proof as to the date of the discovery shall be borne by the Customer.
Unless otherwise agreed in writing by the Parties, all other ancillary expenses related to the substitution operations shall be borne by the Customer, who shall also take assume any related risks.

The warranty shall be excluded if the vices and/or the defects communicated by the Customer have been determined by the following causes:

• I. the Product has not been installed in accordance with the instruction manual provided by DEA GATE AUTOMATION; more precisely, without limitation of the foregoing, DEA GATE AUTOMATION shall not be liable in any manner whatsoever for failure to observe the assembly instructions and/or or the electrical connection instructions and/or used or connected without respecting the intended circuit diagram and the intended types of connection;
• II. Product itself;
• III. non-original DEA SYSTEM parts have been used for the installation of the motor;
• IV. failures are caused by improper use or negligent use;
• V. external factors such as electric shock, tampering even accidental, bumps and drops even accidental, exposure to moisture or steam, use in extreme thermal or environ-
• VI. Removal or voluntary cancellation of the serial number.
• VII. any other cause which cannot be ascribed to DEA GATE AUTOMATION.

The repair or replacement of parts during the warranty period does not extend the expiry date of the guarantee. DEA GATE AUTOMATION will not award any compensation for the period of inactivity of the Product.

DEA GATE AUTOMATION shall accept, the return of defective Products it being understood that the Customer shall bear all expenses and shall be the sole person responsible for the delivery in DEA GATE AUTOMATION premises, and provided that DEA GATE AUTOMATION previously authorizes the same delivery by agreeing on the return method; in case of non-compliance, the returned Products will be rejected.

For further information regarding the above please do not hesitate to contact us.