Terms and Conditions
In these terms and conditions Begara/Arenamore/Arenamore Ltd and Bespoke Gates and Railings where ever mentioned means Arenamore Ltd as that is the legal entity under whch the brands of Besgara and Bespoke Gates and Railings operate.
We create beautiful quality steel fabricated structures, gates and railings for our clients. Common sense and some initial effort on all parts is required to ensure client safety and satisfaction resulting in beautiful gates and railings built to your required dimensions and design style without any issues.
We take great care and pride in our work. We quality control our products before they are shipped and installed. Although these terms and conditions act as a legal safety net we do understand that mistakes can be made and we endeavour to work with our clients to resolve any issues in the cheapest way where safety is not effected and where any design changes will not create a major impact on the overall look and feel of the steel fabricate structures that we supply.
Steel is unforgiving and cannot be forced, so attention to details and measures from the outset will minimise any wasted money, time and efforts from corrections.
Although there is emphasis on safety and how heavy steel structures can cause personal and property damage, the reality is that if such structures are considered properly initially, stored in a safe manner and location and installed in a safe environment by experienced and qualified builders/installers who practice health and safety then any risks should be eradicated or at least minimised.
- This website is owned and operated by Arenamore Ltd under its brands of "Bespoke Gates and Railings" and "Besgara". Arenamore Ltd of registered address: 10 Oaktree Place, Matford Business Park, Marsh Barton Trading Estate, Exeter, England, EX2 8WA. If you have any questions please call us on: 01392 914029.
- Arenamore Ltd and its clients are governed by English Law and parties to this agreement agree that where deemed necessary any legal items or documents are to be submitted to the courts of England and Wales and that all legal documentation be communicated in written English.
- Agreement to go ahead with the purchase or a product or service from Besgara by the client, means that the client has agreed to these terms and conditions of sale and processes within the provision of goods and services by Besgara to the client. Payment serves as consideration and agreement of a contract between the client and Besgara under these terms. Besgara does not need to ask the client if they have read the terms and conditions, the terms are clearly found on the website for client reference.
- The designs and content of this site are owned by Arenamore Ltd. Permission is only graned for any information to be copied from this site by a client for the purpose of choosing or educating themselves on our range of products and options to enable them to choose from our range with the intention of purchase.
- Any designs created for a client whether the design concept is created as an idea by the client or created by Arenamore Ltd or its related companies, will be usable by Arenamore ltd or its related companies and brands for the puprose of creating that design and or style for other clients and to be shown on the website or other websites for the promotion of that style as seen fit by Arenamore Ltd. These same rights apply to any photographs taken of a clients installation on location and as such any photos including such photos super-imposed over the house if part of the design for a given client are also usable within our websites and other marketing materials. Should the client object then they will need to contact us and we will remove any photos where their actual house is shown if requested within 2 days of notification. Any other designs or photos where the house and location can be identifed cannot be removed, for example any photos that include a picure taken where the clients house is not shown in full in a give photo or image as to be able to identify that house or location accurately.
- The images on our website https://www.bespokegatesandrailings.co.uk are locked and cannot be copied. Any copies of images will have been screen grabbed and therefore we will know that the designs have been copied if we see them on a competing site. As such images from our site cannot be stored in any manner or any other medium without express written permission from Arenamore Ltd.
Site Access and cookies:
- The site may from time to time utilise cookies for Google search criteria and data or other search engines or digital web based marketing partners such as Facebook, twitter, pinterest, Instgram, Youtube and Bing.
- We reserve the right to IP block or stop access to the site from any site visitor at any time.
- Our site is hosted at Shopify who provide the store in an SSL secure encrypted environment for browsing and payments.
- The website is hosted with Shopify and is centrally stored with them with all data residing on their servers. We are therefore not liable for any resulting damage to technical hardware or software or loss or financial damage caused to your data or computer from access to our website.
- Under the Data Protection Act you have the right to ask us not to process your personal data for the purposes of marketing. You also have the right to ask to see any personal data that we may hold on you. To do so please write or call.
- We attempt to be responsible in how we store and maintain your personal data and who may or may not access our client data and your personal details. The security of your data and personal details can not be guaranteed by us although your data will not be provided to any 3rd party other than via automated marketing based cookies.
- IF YOU FOLLOW THE FOLLOWING BASIC AND COMMON SENSE PRINCIPLES THEN THERE IS NO REASON TO FEAR THAT YORU GATES AND/OR RAILINGS CAN BE OF HARM OR DAMAGE TO PERSONS OR PROPERTY.
- RAILING AND GATES ARE HEAVY, SOME VERY HEAVY FROM 30KG TO 100KG+ PER PANEL. A FALLING PANEL OF RAILING OR GATE SECTION CAN CAUSE SERIOUS INJURY OR DEATH, ESPECIALLY TO CHILDREN AND PETS OR VULNERABLE ADULTS.
WE STRONGLY RECOMMEND THAT DELIVERED ITEMS ARE LAID DOWN FLAT AND NOT STOOD UPRIGHT TO PREVENT FALLING.
PLEASE ENSURE FOR YOUR OWN PEACE OF MIND AND THE SAFETY AND THE LIVES OF YOUR LOVED ONE AND OTHERS THAT YOU TAKE VERY SERIOUSLY THE STORAGE AND POSITION OF ALL OF OUR DELIVERED PRODUCTS.
- ENSURE THAT CHILDREN, ELDERLY, INFIRM OR VULNERABLE ADULTS ARE KEPT FROM ACCESS OR PROXIMITY TO STORED HEAVY IRON ITEMS.
- ENSURE THAT YOUR BUILDER IS ALSO AWARE OF SUCH CONCERNS AND THAT DURING THEIR INSTALLATION PROCESS YOU AND YOUR BUILDER CONTRACTOR KEEP ALL UNNECESSARY PERSONS AWAY FROM THE INSTALLATION PROCESS.
- CHILDREN OR PETS RUNNING AROUND WHILE HEAVY PANELS ARE BEING INSTALLED IS NOT ACCEPTABLE TO US AS A PROCESS.
- ENSURE YOUR BUILDER TAKES ALL PRECAUTIONS OF HEALTH AND SAFETY IN THE ERECTION OF HEAVY ITEMS, THAT THEY ARE SECURE AND THAT AREAS WHERE THE RAILINGS CONNECT TO POSTS AND THE POSTS THEMSELVES HAVE NO CHANCE OF FAILING AND FALLING.
- The purchaser of the railings or gates is strongly advised to check all work undertaken by their builder before allowing any other persons near to the railing panels or gates.
Take care with the fixing of the railings or gates to a secure surface and that the posts are fitted to a suitable depth below ground if being fitted below ground. If fitted above ground ensure the structure and surface is secure, level and that the bolts holding the post plates in position are strong enough and secure.
Check your gates and railings regularly to ensure that there is no movement in the parts where the railing or gate is fixed to the wall, post or ground. If such deterioration is present to make the railings or gate move then please ensure that you get a quality, qualified builder to inspect the gates and/or railings and to rectify any issues with your railing panel(s) and/or gate(s).
We do not recommend self installing your gates or railings unless you are an experienced builder.
Agreement to terms:
- Provision of deposit invoiced is acceptance also of the process and our terms and conditions of trade for the items invoiced.
- Sometimes a delivery note will also be signed, and although not necessary to have agreed to these terms and conditins of trade it only further supports the clients agreement to the satsifaction of the work provided and further agreement to the terms and conditions.
- The designs shown on the website are representations of the gates and railings and fabricated steel items that we provide.
- The designs are created with the intention to be an approximation of how the finished gates and railings and add on items will look. Our designs may look different on paper and digital than they will in real life, due to lighting. Often Add on products such as rail heads, post tops, panels, locks etc and other bought in 3rd party items will look slightly differnt at times with edges are not as clearly defined as they will be in our 3d designs for a given part, often the actual received parts can vary slightly in their actual dimensions.
- The designs are 3d rendered images which should give the best perspective and idea of how your final product should look, however the final look is determined by the size of your railing or gate sections and gaps between bars which will determine the relative sizes and perspectives of the add on parts for panels, locks and latches, toppers, rail heads and post tops.
- The designs on the website also give the opportunity for the user to see the relative scale sizes of the panels, rail heads and post tops ranges we offer, however, these are close approximations of relative size. Such items are cast or fabricated by 3rd party providers and the precise dimensions of each panel and bought in 3rd party add on items may vary from one item to another, such irregularity is outside of our control other than obvious and large changes in dimensions or visual differences between add on items.
- The use of the phrase "Wrought Iron" is largely due to the need to included the term for search engine listings. Wrought Iron Gates and Wrought Iron Railings have become incorrectly interpreted over time to be considered to mean decorative and elaborate gates and railings designs. Wrought Iron is in fact a rarer, old and traditional iron form used by Black Smiths, given its easier maleability. At Bespoke Gates and Railings, we use mild steel for the structure of our gates and railings and utilise at times cast and other mild steel add on items, including at times stainless steel lock fixings.
- It is the clients responsibility to understand and check that railings conform to any desired or required design parameters, as may be required or insisted upon or the law from developers, freehold owners, local council or government, English Heritage for listed buildings or other private, governmente or quasi government authorities .
- Some inner city areas and other areas may insist on a design style to be adhered to for railings and gates that are installed within a geographical area or community site.
- Any such design requirements need to be communicated to Arenamore Ltd staff to ensure that we can fabricate gates and railings to meet such design or measurement or other guidelines.
- We will not take any responsibility for finding out any such requirements that the client should adhere to, such requirements should be investigated or known by the client and communciated to Arenamore Ltd before the fabrication process starts.
- Listed buildings may also have particular requirements for a set design and installation. Drilling into walls or erecting metal structures against such listed properties and or within the gardens or surrounding areas of such properties may not be permitted or may only be permitted within certain/specific guidelines and design parameters. Again the client is responsible for finding out and ensuring that we are guided accurately to any planning or listed building requirements the design and any geometry/sizes by which the gates and railings should adhere to.
- If the client or an architect/designer or representative of the invoiced client provide drawings or plans of the item(s) to be created by Arenamore Ltd then these drawings will be taken as final. Any updates after payment of the deposit will be accepted, however the delivery or delivery and installation date agreed to can be increased by Arenamore Ltd by the number of days that a new revision in the design arrives after the original design and order and deposit payment.
- If as in the paragraph above the client or agent of the client, after paument of the deposit and submission of a plan or agreement to a plan, changes a design and Arenamore Ltd has bought in a stock of steel or other product or items or services required to create/finish that item/items then the cost of the now obsolete or excess stock of materials or services that is excess to requirement will be charged to the client at the usual cost + margin rate of those materials that are excess to the requirement due to the new drawings or request/requirements made by the cleint or agent.
- Should a client wish to make changes to drawings provided for by Arenamore Ltd that have already been agreed, which then require the changes to be re-designed then this shall be invoiced to the client at the current design rate at that time. Currently that design rate is £60 per hr + vat.
- A design must be authorised by the client for a job to be able to proceed. Failure ot provide authorisation to Arenamore Ltd for an agreed design will mean that the job cannot and will not go ahead until a design is finally agreed by the client. In such a case the deposit will not be returned to the client until a design is reached that the client will approve.
- Free changes to an already agreed design are provided for the client only if allowed on that occassion by Arenamore Ltd.
- Any design provided for the client either paid for by the client or provided for free by Besgara for the clients purpose of applying for planning permission is provided at the risk of the client, Besgara accept no responsibility or any subsequent loss of income or cost or damages or effect to health or any other responsibility for the plans submitted for planning purposes. It is the responsibility of the client to ensure that the plans meet with the requirements of the local planning authority. Besgara will not read any referenced planning documents or guides from the clients local planning authority either independently or at the request of the client. The client must satisfy themselves with any plans or drawings/designs from Besgara, if the client is not sure then the client is advised by Besgara to seek professional assistance in the creation of plans and their application to the relevant planning authority/any planning authority, through the use of specialists such as architects and or planning consultants. We are prepared to offer drawings to such experts in planning for them to use in their documentation/appliction for planning on behalf of a client. Again any errors or issues with desgin documents from Besgara or mis use of such files by planning experts contracted by the client are of the clients own risk and Besgara accept no liability whatsoever in assisting a 3rd party in their application for planning on behalf of the client, and the client also protects Besgara from any claim from the 3rd party against Besgara for any assistance that Besgara may have offered to them.
- Pricing and estimate may change over time. Steel prices may effect our component parts and thus effect pricing. Quotes are however valid for up to 3 months from their creation date.
- Once a quote is agreed by a client we cannot be held liable to provide that design should specific items no longer be available from our 3rd party cast iron and fabricated decorative steel items providers. Should a panel, lock, latch, railhead, topper, post top or other item no longer be available then we will contact the client to offer an alternative. This will be done prior to build to give the client a chance to reject the new offer of replacement decorative or other parts.
- If the client has signed a quote and the items on that quote cannot be provided for the above or other reasons then the client cannot hold us responsible for providing such items, as such in most circumstances parts that are no longer available cannot be provided by us as we will not have the moulds to cast such parts and such creations by ourselves may infringe copyrights of other companies parts and fabrication designs. As such the client cannot always be accommodated for if they insist we must deliver a design they have viewed on our website or agreed to in an estimate. As such if we cannot provide such a design the client is at will to go with a revised design offer from ourselves or to not deal with us on the given fabrication project.
- Any provision for calculation of prices using an online calculator on the website are approximate. Besgara reserves the right to change their pricing at any time and not include posts and finishes and to NOT accept the online prices shown, this will more often effect prices for railigns where the price may be in ft2 and where a client wants much shorter railings which lowers the ft2 price but is still the same amount of work whcih costs the money in fabrication time more than the steel would be as a factor. Please do NOT rely on the website per ft2 prices for all products shown or any offers. Besgara will more often calculated each client quotation by hand and email/communicate that to the cleint.
- The online calculation if and when available is simply a calculation of the ft2 price by the ft2 measure from the width and height parameters input by the client. Again do not rely on such prices for all products as we may need to calculate your prices by hand.
- Arenamore Ltd have the right to not accept an order from a client and refund the money to the client for an online order or even for an order that has been quoted for manually and paid for on the basis of such quote from Besgara. Such reasons for such action can be if a quote has been miscalculated by existing or new staff or where besgara wishes to terminate a line or process or terminate relations or provision to a particular client, with no reason needed to be given for any such termination.
- Any service or product or feature added by the client either changing the design or changing the specification of the job after the design or before the design period may attract an increased charge. Such changes maybe the desire of the client for a modification to the design increasing the workload and requirement for more physical steel or steel items eg railheads or panels or post tops. Another example maybe where the client wishes to change the colour of the product to a different colour and where this may be a non standard RAL colour we/our finishers have to buy in a special batch of powder for that job which will be a charge we have to pass onto the client.
Billing and Refunds:
- We have a preference for a bank transfer of deposits and final payments.
- Credit Cards can be taken, however there is a charge for processing credit cards which we then will need to pass on to the client.
- Deposit or Full payment is required in advance of design. Site Survey or the Design process cannot commence without the agreed deposit or full payment. If a deposit is agreed then this is due at 50% of higher.
- VAT has to be charged to the client, ONLY in the case of 0% rated/qualifying clients or situations can VAT be removed from an invoice. If in the case of New Build homes we will need the planning document numnber where it is specified clearly that the propery is accepted by your local council as a "New Build".
- For clients who are collecting metal fabricated items from our factory then such clients will need to pay in full either before collecting or before the goods can be taken off the factory premises. The goods can be inspected and measured by the client at the factory before the items removal. If there is an end client that needs to pay then the person collecting the items can inform the end client of their satisfaction of the steel items made and arrange/request the client to pay. Any delay of the client in paying is not the fault of Besgara, it is the clients responsibility to pay for the items to be collected before such items can be taken so that the 3rd party acting on their behalf can load their van and leave the factory location.
- Refunds are not provided to the client on deposits if the client changes their mind either for the metal work in its entirity or for a change in specification, if they have already agreed to the "Sign off" of the clients design. Any refund would be at the discretion of Besgara management.
- Refunds will not be provided in full or part for any time or delay to a clients order. Refunds will not be provided for any delay in the process by a clients 3rd party contractor if the client is providing measures and either the client or the 3rd party have delayed in providing proper and essential meaures for the design phase to commence.
- We will not tolerate either a threat of violence or verbal threats to our staff. Our staff are polite and highly experienced, they are motivated to provide a good job for installations and fabricating clients metal work. Besgara have the full right to leave a clients site without warning to the client if the client is un-necessarily rude, showing threatening behaviour, actually threatening. This will be reported to Besgara management and the time for travel and installation charged additional to the clients existing charges, the client will then be expected to pay for the additional installation time of our staff on site and the remaining balance on a job in full before the final installation can commence and be completed.
- If a client is unnecessarily aggressive, rude, insulting to our professional integrity or abilty then Besgara reserve the right to not talk to that person on the phone and to cease a call of any such unpleasant nature without notice to the client. Communication will then only be accepted from the client by email or letter.
- Constant repeat communication from clients repeating the same request over and over is not acceptable to Besgara, it is considered a form of unnecessary harrasment as is multiple texts or phone calls of the same nature. We generally only need telling once what is required. Multiple forms of communicating the same point across multiple media eg phone, in person, email and text and letter simply serves to confuse and make the intention to provide for your need within our terms more difficult and confused. This term has been written due to some clients calling up to 10+ times in a row, and leaving multiple messages with the same message for no good reason. If you cannot get through to us please text or email or leave a voice message, we will get back to you.
- Any modification to gates and railings can take up to 2 weeks or more to put right, because there is a process to follow involving potentially re-design, re fabrciation requiring ordering of special parts or steel stock of required size, galvanising which is a 3rd party process and then fettling the galvanised product and then finishing with powder coating or paint and then booking back in for installation. We also need to move on to new clients and any repeat visit back to a location is not good for our business, so we have in our own interests to resolve issues on your site as quickly as we can, but we need to follow a proper process and cutting corners means that you may not have a long term fix/solution or a less structurally satisfactory solution.
- Contact outside of normal business hours by text or phone call is generally not accepted by Besgara staff. Our hrs are weekdays 08.30 to 18.00 weedays with Friday at 09.00 to 16.00 and Saturday 10.00 to 16.00 and we are closed Sundays and each day of any bank holiday. An exception maybe where you have been in contact with a staff member of Besgara already and have an agreement that contact outside of these hours is acceptable to that member of staff.
- Besgara management and staff care to provide a service to all its clients to ensure they get what they need and want and fit for purpose and as agreed to. Any time lines unless contracted to are only to be considered as guidelines, in a complex business relying on many 3rd parties to do their part and where problems in manufacting with machinery and staff illness and issues do occur and slow production. Please be aware of the time consuming and complex many faceted heavy and dangerous nature of fabrication work and the complex organisational requirements for organising schedules, staff and timelines of manufactuing and provision and purchase of numerous indvidual component parts for each job. So much goes on behind the scenese to make your fabricated metal items. Please consider this if you lose patience or have considered that an estimated timeline should in your opinion "be" the actual non movable timeline, this is most often the case but cannot be guaranteed by us.
Measurements: Calculating Railing & Gate Widths:
- 3rd Party measures or clients own measures are the responsibility of the invoiced client to satisfy themselves with their own measures or their chosen 3rd parties measures and the layout and idea/design of the metal works to be final designed and fabricated.
- Any delay in the start of fabrication by a client who has taken time to provide details of the measures required and/or their desired design/specification is considered a delay from the client and not from Besgara. We cannot engage in our design phase until we know exactly the measures required and the exact specification and design/style of all parts of the metal work the client would like.
- Any indication of time line mentioned or agreed with a client only starts after the client has finally provided all that is required for the design phase and has signed off the final design for fabrication, at which point we can produce a fabricators blue print for the item(s) to be made.
- We just need you to provide the widths and heights of the runs for railings and gaps for gates. If a gate is to be included as part of a railing run then let us know the width you wish the gate to be and we will do the measurements, in such instances we will assume that the gate posts and the gate height will be the same as the railing posts and railing height in the run the gate is to be part of. The client must not use a cloth or plastic measure device or any other device other than a metal tape measure or other accurate measuring device. Plastic and cloth material measures are used for short or for rough not accurate measures as the measure can stretch and therefore provide an inaccurate measure that can be inaccurate to many cm's over a longer distance and can make the installation of your steel structures compromised or even impossible.
- Railings and gates are hand fabricated from square and round bar, flats bars and hollow section bars and 3rd party add on items. The best care from qualified welders is applied to each of our clients gates and railings builds, however this is a hand made process and despite best efforts you will not always find our completed products to be of perfect measure as per specification to the mm accuracy.
- Our aim is to provide aesthetically pleasing and secure and quality designs to our clients and where required ensure that they do at least meet with building and planning guidelines where these are expressed to us as necessary and part of the order by our clients.
- Aside from client expressed planning or building requirements established before the fabrication of their ordered gates and or railings we do not accept any returns where a design may not be of exact mm perfect measures between bars or where height or width may not be accurate to the mm. Our railings or gates will be suitable and fit the gap that you have specified to us at order and there is some small play/give in the width along a run of railing panels to allow for any small inaccuracies in measurements from the client or slight mm imperfections in the fabrication process to not cause any issues on installation and ensure a satisfactory fit on location.
- It is the clients responsibility to provide accurate measurements of the gap width and height where the railings or gates are to be installed. We cannot emphasise enough how essential the accuracy to the mm these measurements should be. If we do not start with the correct measurements then any other differences in final product may turn mm’s into cm’s and cause installation issues. 3 measures of the gap must be provided by the client or their representative builder, being the bottom, middle and top of the gap width to the filled.
- The height of railings is measured to the top of the highest rail head. Where the top flat/bar of the railing or gate is curved up then this will again mean the top measure is taken to be the top of the top rail head or top of the top flat bar within the design.
- Spaces between railing bars and the end bars and the posts are calculated across a given railing run to be near to equal generally within +/- 2 mm and within the 100mm determined by building codes where a design will lend itself/allow itself to conform to such regulation of inter bar spaces. (Any difference in railing bar widths will not be accepted as a reason for the return of a railing run or panel of railing run or gate or other fabricated structure if the difference in a given space is greater or less than +/-2mm unless this provides a clearly noticeable impact on the look of the overall railing run or gate design or where it clearly contravenes a building code or planning code that the client has communicated they wish the fabricated gates or railings to adhere to).
- Should railings or gates be installed on ground that is sloping or not level then we will need to know the details of the ground and the degrees/angle of any slope either for complete or parts of a given railing run or gate installation location. Such variations in the ground may determine the gap required at the bottom of the railing panels and whether a railing panel section or run needs to be stepped or raked for best design/visual impact, safety and effective installation on location.
- Design sign off / Final design sign off - Once client signs off design that is final. Any changes to the design will be at the clients cost. Sign off of designs is by confirmation from the client by email or any other method that the client is happy with the designs and that the fabrication can go ahead based on that exact design, if a 3rd party builder/contractor/any other 3rd party accepts the measures on behalf of the final billable client then that is accepted by Besgara also as final authorisation from the client as long as the client has initially authorised Besgara to liaise with the 3rd party for the provision of the gates/railings/fabrication works. Any changes in measures or design after fabrication has started is at the additional cost to the client. Design sign off is final and supersedes all other previous designs, design versions and discussions regarding the design. Sign off of designs is considered authorisation for the go ahead of fabrication/welding/manufacture and finishing of the railings/gates or other manufactured and or fabricated items, based on the design renders provided to the client and or the blue print provided. Most often the blue print will not be provided to the client as this is technical requirement for the welders/fabricators, the client is signing off the design style with design sign off on the basis of the renders.
- Sizes and measures provided by client - any measures provided by the client must be accurate for their satisfaction, Besgara requires mm accurate measures and angles in degrees to an accuracy of +/- 0.5° . Even if a client uses a 3rd party gardener or builder or other person to obtain and communicate the measures to Besgara then those measures will be seen as authorised by the client and from the client and we therefore cannot stress enough the importance to be sure and double check measures and ask any 3rd party you trust with your measures to do the same and how you stand with them legally if they do not measure properly on your behalf. We will fabricate to the clients final sign off design and to the measures provided to us by the client. If the clients measures are not accurate then the client will receive gates and or tailings or other fabricated items that will be accurate to your measures but not to your actual requirement due to the client provision of wrong measures. Corrections may not be possible and Besgara may refuse to travel to collect items to be changed. If Besgara does agree to travel to collect items for change of the design to meet with the clients required measures where measures provided by the client are wrong, then the costs of travel time and labour will be charged to the client and the cost of amending steel work to suit the clients measures. However it is often not economical for change of a fabricated item to be collected and modified and often a new item will need to be made at full cost to the client.
- For gates where walls are not level or where walls recess this may effect the measure of the wall plate to gate eye pin centre, this is an essential point where the gate pivots around. Clients measures and our own site survey measures will require 3 measures of the gap between walls/pillars where we take the smallest measure. We cannot tell if any difference in measures may be due to one wall or pillar either side being out of alignment either wall or both walls can be sloping in or out slightly and this can also vary along both walls even on modern buildings, and particular due to rendering and particularly where a wall is a stone or rock wall with completeley irregular surfaces. Such irregular or out of alignment of walls can cause issues on the gate frame to wall/pillar measures. We provide for standard gate eye pin lugs welded to a back plate of standard size that is determined by the thickness of the gate eye pin which is in turn determined by the weight and length of the gate leaf. We will usually have spare gate eye pin wall plates that have variations in +/- 5mm increments to cater for where a different wall plate may make a better fit when it comes to installation. Small differences can cause the gate to self close usually at a slow speed due to any variation in the top and bottom gate eye pin. We cannot always easily rectify self closing on gates where the wall is not competely level, therefore we cannot take responsibility to rectify such an issue past trying out standard +- 5mm increment gate eye pin wall plates, we may also some times position washers behind the wall plate to bring it into alignment and or bring it forwards, however this can be hit and miss, such additions can also cause the wall plate to look raised from the wall, such visual impact cannot be helped if the gate eye pin needs to be brought forwards by a few mm's. It is for these reasons that gates that self close slightly cannot be responsibily of Besgara, although a best effort at the initial install will be made to rectify the problem. Such issues are not common but we need to protect ourselves from taking reposnibility time, cost and liability and nock on effect on the geometry and attractiveness of our gates that may be impacted by the clients walls/pillars/environment that is not the responsibility of Besgara. In such situations the client has no right to with-hold payment due. Various wall or ground fixed gat catches are available at additional charge for provision and installation charge to rectify such situations of gates not staying open for the above reasons.
- Large and heavy items are delivered by Pallet. The pallet is off loaded by the carrier. The pallet needs to be stored somewhere at your home/business address or location for delivery that is secure, off road and not a public obstruction or an obstruction to yourself or those that may visit the location/property. It is advised that you are on location for the receipt of your pallet(s).
- It is advised that you personally supervise the unpacking of the items and that the items are unpacked with care. Some panels can be very heavy and so it is advised for two persons to lift heavy railing panels or gates and that the items are placed somewhere where they will not get damaged and preferably laying down so that they cannot fall and cause personal or property damage.
- These items can be extremely heavy, up to 100kg in weight. Even smaller lighter gates are over 25kg and more often 35kg + in weight. Such items and especially larger railing panel sections must be positioned by the client or builder representing the client in a safe and level location to prevent falling through gravity, wind or other elements or being accidentally walked into or other potential methods or processes that may lead to a falling panel in its location.
- We recommend that railing and gate panels are laid down flat in a safe are to prevent the chance of such items falling.
- We are not liable for damage caused during delivery. All items delivered are insured. However if damage or delay in delivery cause you or your business additional costs or inconvenience and related costs then we cannot be liable for such costs. We will replace any damaged insured items and delivery when completed.
- Pallets should be left on the clients private land. If a pallet is left on public land that is not the liability of Besgara for either theft or for damage or harm or loss of business and income to any 3rd party. The client must ensure that any delivered items NOT delivered to their private land are arranged by the client to be located on their private land. When an item is delivered stay away from the items as it is handled or fork lifted off the delivery truck, items can way many hundreds of kilos and cause death or injury if they fall, especially keep away from the area children and animals who are less likely to pay attention to the dangers of the delivery. Even what look to be small panels can way an enormous amount, even the smallest falling panel can easily crush or sever limbs or kill.
- Estimated times for delivery or delivery and installation of your ordered products will start from when both the 50% deposit (or agreed deposit sum) is cleared into the account of Arenamore Ltd AND when the client finally signs off their design. Some clients can take months to decide design and changes to design so this is why the sign off of design is when the time for estimated delivery &/OR installation of items starts from clients final design sign off date, as we cannot begin any part of the fabrication until the whole design is signed off by the client as changes can alter the whole geometry of the design and change the whole fabrication blue print that a fabricator follows to create your bespoke item(s).
- Any time line offered to a client does NOT form a contractual part of the agreement to provide fabrication work to the client within a specified time, unless Besgara has authorised a specific condition and agreement to the client for their works completion. Any loss of money, time, life or injury caused by any delay in provision of metal work from Besgara is not the responsibility of Besgara, it is the clients responsibility to ensure that dangerous areas where there are drops or other hazards are not open and accessible to the client or others. No compensation is offered for being late in installation of delivery of items to a client, even if outside of the clients expected timeline, no time line over the clients expectation for delivery or installation whether implied, offered or agreed to by Besgara can be used to either negotiate a discount, not pay final balance due on issued invoice and agreed sum, or to barter for more services or provision of more parts for existing work, unless precisely agreed to by Besgara to meet a contractual deadline, in which case only the cost of the item made can be claimed by the client not any nock on costs or 3rd party or other liability costs. Time lines are otherwise offered in good faith only and carry no penalty to Besgara if such timelines are not met.
- Fabrication of any or all items for a client job maybe outsourced to 3rd party Besgara approved fabricator(s) for manufacture, fabrication, completion and or installation either wholly or in part.
- Any 3rd party taken on to fabricate or finish items on behalf of Besgara is in an agreement with Besgara only, the 3rd party has no right to contact the client without the consent from Besgara Management.
- Pursuit of any amount owing to a 3rd Party from Besgara cannto be claimed from the client. And any attempt to contact the client is not permitted and not relevant as the agreement is between Besgara and the 3rd Party. Any attempt to remove any item from a clients property is considered a criminal act of both theft from the client and will be met with legal action from the police, and civil action for any loss of damages or reputation to Besgara / Arenamore Ltd.
- By taking on contracted, oursourced, jobs, processes for Besgara any 3rd party undertaking any such work agrees by taking that work to abide by these terms and conditions and comon law of England and Wales in their operations and undertaking of that work.
- Blue Prints containing client details are not a permission to the 3rd party to contact the client, they are there for convenience as Blue Prints are used by both fabricators and installers. Fabricators need the address if the are to package and pallet/ deliver to site. Installers need the address to be able to visit the site to undertake the installation. Clients are only to be contacted with permission from Besgara management and in no other situation whatsoever shall the 3rd party be permitted to contact the client. Trying to solicit the client or sell to the client to take the deal away from Besgara will be met with prompt legal action against the 3rd party for damages and or loss of profit that may result from such action.
- There is no guarantee or warranty from Besgara on galvanising or paint or powder coat finish.
- Rust can occur in places even with a galvanised finish, as the items can come back from galvanusing having been bashed or scraped in transit which may have removed a small part of the galvanise layer and cause exposure to the elements and rust.
- On installation it is sometimes necessary to cut and modify items, gates, railings, panels and parts on site, this is to be an accepted part of the installation process and if steel is cut then an acceptable poart of that process is to cover the exposed steel area with "cold Galv" or similar sprayed on or painted on Zinc based product that affords some anti corrossive protection/properties, such "Cold Galv' will not be as protective or thick or as effective as hoit dip galvanising, but will be limited to those areas exposed or found to be exposed to the elements and then touched up with paint of a similar or the same RAL colour and similar or the same gloss factor as the finish of the main part/rest of the structure. (This is typical industry practice and accepted by the client by accepting these terms). Such process may cause some small future corrossion or drips of corroded rusted drip marks down a structure that may not be avoided other than the clients efforts to over spray with more cold galv and paint to further protect the area. Any such perceived need or desire the client may have or want for besgara to make good a finish or anti corrosion is not a process that is covered under this agreement and any such time required to treat, re cold galv spray and or finish a product on site is at the discretion of Begara to under take such work and is chargeable for time and any products or services used in the desired process. Besgara has the right to make onsite changes to a design to ensure the design will fit due to small adjustments that are often needed on site, often rivet bolts will be connected on site by drilling on site through connecting sections to allow the bolt and rivnit to be connected, often holes in frames to attach handrails an other situations will mean that holes will need to be relocated and or made larger in the structure to fit the structures, in each situation cold galvanising spray will be used and topped up with paint to ensure an improved aesthetic finish to the modified area.
- The galvanisers who are a 3rd party organisation can offer 25yrs certificate however there is little actual practical strength in any such guarantee because to return a set of railings or gate for regalvanising will require the stripping of the finish layer of paint or powder coating and the galanising layer to then be regalvanised the cost of blasting items and then recoating even if the galvanising layer was done for free is not far off the cost to recreate the product again especially if the item has been concreted into the ground the costs of removal the require cutting the item at the base and core drilling out posts or digging out posts, a vast time and cost impication.
- Hot dip galvanising is an industrial galvanising process, which leaves the surface rough with drips, drop marks, splatter, rises and troughs in the surface and aggregation of molten zinc in some areas and an increases the visual appearance and thickens/mounds around welds, joins and other properties and irrgularities in the steel surface, this is natural to the process and although products are "fettled" (hand or machine filed to remove sharp edges in the galvanising layer) the finish can be rougher than non galvanised products. The clients satsifaction or not in the finish can therefore not be guaranteed and the product when hot dip galvanised is provided as it is after sharp edges are removed from the galvanused layer.
- It is the clients responsibilty to check the product is left at their location or installed to ensure there are no sharp edges that can catch clothing or cut skin or cause damage to person or property. Such sharp aspects to the galv layer can be filed off by the client, if Besgara is called after the 2 day post installlation payment term period then any such post installation and period where client has deemed a satisfactory instllation, then such call out will be charged for by Besgara to the client for any works the client may desire.
- Besgara use professional and experienced 3rd Party finishers to maximise the visual impact of the end fabricated work and to ensure a life expected from the finish chosen by the client. Besgara usually recommend that hot dip galvanising is taken by all clients to maximise the life of their fabricated item, especially of close to coastal locations, but even inland the benefits of galvanising are noticed in long life and anti corrosion properties.
- Blasting, Galvanising, powder coating and painting finish are all processes that are outsourced to 3rd party specialist companies.
- Besgara does sell on products from a manufacture of Aluminium gates and the gate leafs have a 5 year warranty, however the nature of Aluminium is that they do not rust. It is not likely that a gate will fall apart/come apart or fail in its actual structure, however should it do so without any bang or miss-use then that is covered by the manfacturer and the item will be sent back to the manufacturer for replacement, in such case if it is just one leaf of a gate then that leaf only would be replaced, however the exact process will be determined by the manufacturer on how items under its warranty are resolved and the same process is passed onto the Besgara customer.
- If a client wishes to change the finish of an item OR the client considers that an items finish is not as expected eg the colour is not as requested, then only evidence of the finish from written document will be accepted, not word of mouth. if the finish is indicated on the invoice then that is the finish that takes priority as the agreed finish over any other document prior to the invoice. Any requirement to change a finish will usually require the item to be removed, blasted, re galvanised and re-finished and re-installed at the clients full expense unless it is a genuine mistake of Besgara.
- Finishes deteriorate over time. Wood will often change colour and or go grey, bleach in sunlight even with protective layers.
- There is no free of charge ongoing maintenance of gates and railings and any other structures made and or supplied by Besgara. Should small areas of rust appear even if galvanised it may be due to the acceptable level of galv or powder coat and or paint layer that can be chipped/scratched in transit or in moving the items around or in the process of installation, then the small rust areas should, by the client, be lightly sanded and then primered preferably cold galvanise sprayed and then touched up with the matching paint needed by the client. Should the client wish any such maintenance be undertaken by Besgara then that process is charged for time and materials.
- Items are photographed before being shrink wrapped for delivery. Sharp edges are secured with polystyrene and then shrink wrapped to the pallet. Should your item arrive at location damaged then please photograph the part and item that is damaged. Any harm or death caused by falling panels or gates is not the responsibility of the supplier but is the responsibility of the buyer and/or their builder. Any other damage caused by a falling panel to any property or possessions of the owner or the builder is not the responsibility of Arenamore Ltd.
Installation and Building Guidelines:
- We offer an installation service for local clients in the South West who are within a close radius of our location based on how fast we can get to the location. We reserve the right to not offer a client an installation service. The client is within their rights to not purchase from us if we cannot or will not offer installation. We are within our rights to not have to accept installation at a clients location. If installation is required by the client by ourselves specifically and is a conditional aspect of the purchase of the gates, railings or other steek fabricated strucure provided by us then the client must let us know at point of order so that we can confirm that installation can be provided to the client. Installation is quoted for on a client by client, deal by deal basis and is determined by the complexity and time taken to reach the location and do the installation as well as any additional parts for fittings on location that may be required.
- Where real wood or fake wood planks or inserts are used in a design, Besgara always allow for gaps in the design for expansion of the wood. However Besgara cannot be held liable for the wood expansion that may push against the frame and cause either the frame to bend or distort or the wood to bow or pop out of the sructure.
- Even if a structure is installed by our personnel we do not take responsibility for the structures stability once it is installed and the client is satisfied with the installation and the sturdyness/rigidity and security of their railings/gates/steel structures.
- Any recall on Besgara to modify or change a structure installed is at the discretion of Besgara and is fully chargeable at any time after installation that the client may wish to make alterations of adjustments after the installation date.
- The agreed installation acceptance date is at the earlier date of either the signing of a delivery and installation note which is indication from the client to Besgara that the installation is satisfactory and final to them or the final payment due date which is 2 days after installation date, final payment shows that the installation is acceptable to the client, even if the client does not pay within the 2 days the final payment due date is 2 days after installation and even if not paid in that time does not indicate that the installation is not accepted by the client.
- If your builder is unsure then please ask them to call us for advice on installation.
- We are not liable for any building advice that may be provided by us to either the client or the clients contracted builder contact. It is the clients responsibility to be clear they are content and confident with the ability of their contracted builder and their ability to provide a safe and efficient and secure installation. Any loss of profit or issues relating to insecure or badly fitted or unsafe or unsightly gates or railings installation is the liability of the client and the contracted builder who provided the installation.
- The suitability of the ground or wall or surface upon which the railings or gates are to be attached to is the responsibility of the client or their representative builder. Heavy railing panels or gates need to be secured on solid surfaces and into solid side structures such as walls or connected to a post that is fixed into a solid and stable ground. It is not our responsibility should a gate or railing panel fall and cause damage or injury or cause cost of replacement or related instances to occur such as loss of pets or ease of unauthorised personnel access to the property.
- To remain secure, solid, stable and safe the gates and railings must be fitting into stable and solid structures at all intersections where the fabricated steel structure is fitted to a medium at its installed location/site. This would be the responsibility of the buyer and we would suggest in turn your contracted builder/installer. Again we recommend that you check the solidity and stability and methods by which your builder/installer have prepared any surfaces the steel structure is to be secured to and then finally check the structures stability and quality of installation/fitting once installed. It is better for you to address installation issues while the builders are there than to consider the structures safety or stability after they have gone.
- In some instances where a vertical or horizontal wall or ground surface is to be the structure to hold the steel fabrication such surfaces may need to be reworked to ensure that they are level and or of a solid and stable enough state to take the steel fabricated structure and hold it steady and secure. Such advices would need onsite inspection from a qualified builder.
- Should a former partial or fully installed steel structure already be in position where the new steel fabrication structure is to be located then this will need to be removed by a builder or from onsite welder as required. Should you need our steel structures to attach to any such on site existing steel structures then we would need to know the details and design of that structure to see where and how our steel fabricated structures can be attached to the existing structure. It is always preferable that our steel fabrications structures are installed on a clean and level and secure and location free from complications.
- Ground services - Besgara is not responsible if on installation sub ground service are damaged, cracked or fractured or cut eg pipes or casing of such services or results in loss of water, power or other services from hitting or disrupting or cutting or flooding such services, including no liability for loss or 3rd party loss. To cover the likelyhood of any service disruption from installations we would require plans if the client cosniders there are or may be any services underground in the area we would be fitting posts or other sub terrain metal work or other hardware, even with such plans those plans may not be accurate and again in this situation also we can not be held liable for any disruption of services.
- If Sub ground services are encountered then Besgara will offer to work with the client to resolve the situation, however if there is a need to fabricate any part of the steel structure being installed then that will be charged to the client along with the cost of finishing the item with galvanasing and paint or powder coating. A simple solution may be available to work around any such issue of encountering sub ground services, however if the new solution is not as aesthtically pleasing to the client then Besgara cannot be held responsible for the new solutions aesthetic appeal where it the solution is agreed with the client.
- There is little room for change in the geometric structure of railing or gates once they have been fabricated, (welded). Unlike wood there is no easy option to cut off sections or forcing to “make fit”. Accuracy of client measurements as already expressed are essential. The client must take responsibility for the cost of changes after the fabrication process has started or once a run of railings sections has been started. If for example you have 3 sections of railings for 3 sides of a garden each of the 3 sections is referred to as a “run”. If changes are requested for measures or designs of Run 2 while Run 1 is in fabrication then such changes can be accepted. If, however, a run has started and the client makes requests to change or cancel the run the cost of that run will be charged to the client in full with no refund or to the nearest upper 25% of that run that has been completed at that point.
- The client needs to be aware that a change to the style of a run that has already started being fabricated cannot always be changed part way through and that such change will potentially look strange if it is not in line with the design of the other runs and will especially look strange if changed part way through the same run.
- Changes are therefore at the extra cost to the client and may require a run or a number of runs or all runs to be recreated entirely.
- The above terms also apply to client requested changes in the measurement of a run should they have made a mistake in their measures and inform us of this after a run has been partly or fully fabricated. We can accommodate changes in design part way through run to make for example a final panel adjusted in size, however this will potentially impact the look of the railing run as we are careful to ensure that each panel and the post location and bar widths are equal across a given run length.
- Refunds are at the grace of Arenamore Ltd management unless it is clear and proven that an error or fault with the delivered goods is the negligence of any staff member of Arenamore Ltd.
- Refunds will not be provided where the customer changes their mind when the fabrication process has started. Neither will refunds be offered where the customer wishes a design change when the fabrication process has started on a particular railing run or part of the fabrication that canot be changed or modified once started or completed. Such changes that may mean the design change will require the whole item to be rebuilt wil mean a full charge again to the client. If this is not satisfactory to the client then Arenamore Ltd under no obligation to refund any money to the client other than if a 3rd party service has not been already paid for or if installation or delivery has not taken place, in which case just those aspects can be refunded to the client
- Management will work with the customer where possible in such situations, however refunds cannot be relied upon by the client and is as mentioned at the grace of Arenamore Ltd management.
- Bespoke made items are outside of the 14 day return offer of the "Consumer protection (Distance Selling) Regulations 2000 and as such any bespoke item is not refundable unless allowable within other terms of these terms and conditions.
- Should the client not pay for any reason within the terms of these terms and conditions and within the time frame agreed and shown on the initial invoice, then;
- if the gates have not yet been delivered by the client will not send payment pre delivery then the fabricated items will not be delivered and the client is still expected to pay for the items. Additionally a storage fee will be charged at a rate of 10% of the value of the goods for each month that the items are not paid for to release them for delivery.
- if the gates have been installed and the client will not or cannot pay then Besgara have the right to charge an interest on the value outstanding of 8% per month at the management discretion. Further to this Besgara have the right to access the clients grounds after the installation and remove the items carefully and without damage to the clients property leaving fixtures like posts and wall fixings in place, but removing any bolted on panels and gates, however Besgara reserve the right to remove core drilled posts and other cemented in items and the ground will be left without a hole but may not be left as it was before the installation took place, the concern is at this point to leave the location safe, however if posts are left and items such as gate eye pins or extended parts/appendages may obstruct a path or access then the client and or property owner is responsible for the safety of the location and any signs that may be required to make notice to the public or other persons and themselves to protect from danger or risk or injury. Notice of the removal of the gates or railings or other structure provided by Besgara will be given to the client so that in the case of gates being removed they can put up an alternative if they have the need to protect access due to children or animals/pets safety and security. The cost of removal of the product will be charged to the client and must be paid along with the agreed price of the product before the product can be re-installed or if the client does not want the product re-installed the cost of the product and its removal is fully chargeable still to the client.
- Refusal to pay followed by refusal to access the property to remove the items installed will be considered an act of willful theft, fraud and deception and the police and appropriate legal and local authorities will be notified and pursuit of the criminal act will be undertaken in full with damages and legal costs to Besgara and interest on outstanding sums also pursued within that process.
- In-ability to pay without the considered plan of when payment will be made will be considered a refusal to pay under these terms and will then put in place the paragraph above on "Refusal to pay".
- If the product has been removed from a clients location and then the client wishes for the item to be re-installed, then first the full amount of the agreed price of the product has to be then paid for by the client before installation + the cost to remove the product from the clients location or requested delivery location and the full re-installation costs to be oaid in advance of the re-installation/installation. Then if an installation is to take place the instllation is booked in for a date that works for the client and Besgara.
- Any above actions are at the discretion of Besgara management.
Loss, harm, damage or theft:
- Offset Hinge Self Closing Hinges for Gates/panels: IF YOU HAVE AN OFFSET HINGE SYSTEM WHERE THE GATES CLOSE BY GRAVITY THE CLIENT MUST NOT LET GO OF LARGE GATES !! THEY CAN SWING AND DAMAGE THEMSELVES, OTHER PERSONS AND PROPERTY !! EG CARS. !!! Gates with offset hinges/lugs are clients responsibility if they let go deliberately or accidentally which causes deliberate or accidental damage to but not limited to; the gates, any passers by or animals, vehicles or other property on the clients property or on the road or pavement, injury to passers by and animals on the pavement or on the property. If offset swing when installed is considered too fast or is considered too fast or steep for gate weight that is the responsibility of the client. Besgara provide alternatives to offset hinge method by use of self closing hinges, gate automation or bi fold gates that can be used as more professional and controllable methods for gates to self close, additionally the client can ensure that ground works are undertaken to level the ground to remove the rise in ground and limit the effect of gravity offset hinge gate closing method. If offset swing when installed is considered too fast or is considered too fast or steep for gate weight that is the responsibility of the client.
- Harm to clients and 3rd Parties - Besgara not liable for adults, children or animals trapping any part of their body in a gate, railing of any other fabricated structure when fabricated item is either stationery or moving. Clients are advised to leave the installers to their task due to the movement of heavy panels and fabricated items that can cause harm and the use of electrical equipment and items left on the ground being a trip hazard. If the client does not follow our advice to allow the installers space and to not be present at the install location and its immediate vicinity while the fabricated items are being installed then the 3rd party is present at the location at their own risk. It is also the clients responsibility to warn 3rd parties, children and keep animals clear of the installation location.
- If you have dogs/pets and the removal of a gate or railing panel or access to an area requires notice to the client or 3rd party to prevent the escape of such animal or child then please forward our installers when they arrive. Also it is clear in these terms and conditions that all humans and animals not involved in the installation must be kept away from the install area at all times for their own safety.
- If a client decides to not take advice from Besgara particularly for items that are intended for safety, drop bolts, wall hooks, locks and use of gates or railings then the client is liable if the metal work obstucts, swings into or causes any damage or harm to the client or 3rd party. Gates can either by gravity or by wind or by 3rd party be left open or left on bolted, unlocked or drop bolts not left in position which can cause gates to settle outside of their intended alignment and therefore cause obstruction which can cause inconvenience or harm or damage and related costs or legal issues, all of which will be at the customers cost and liability.
- Arenamore Ltd will not be responsible for any loss or theft of goods, either while being stored at the location or after installation. After delivery the goods are the sole financial responsibility of the client. The process and any damage of goods while being removed from the van by the client or their builder is the sole responsibility of the client.
- Should gates or railings be stolen or damaged after installation then this is the responsibility of the client and Arenamore Ltd will provide no compensation for loss, theft or damage. This is also the case even if theft prevention devices or hardware are added to a design to prevent or deter theft. Should a lock mechanism either electric or physical lock fail and lead to a theft or loss or ability for persons or pets to enter or leave the property against the wishes of the client then this and any resultant damage or theft or loss or harm to persons or property from this failure is the responsibility of the client and not Arenamore Ltd, unless such issues can be proven as negligent or deliberately negligent of Arenamore Ltd and or its staff. Besgara may on occassion provide security collars to the client, however this is not a standard process and any ommission to do so is not the liability of Besgara. Even if such security collars are agreed to be provided then it is the clients responsbility to remind Besgara if these are lost or not provided by Besgara. Additionally sometimes Besgara will face the gate eye hinges towards each other, this makes theft more difficult/time consuming as the gate eye bolts have to be undone to some extent, again this process is not guaranteed by Besgara to stop or prevent theft and if such process is part of the specification then it the clients responsbility to remind Besgara if such process has not been provided on installation or after installation.