AVS Fence Post Anti-Rot Guarantee

1. Definitions

“Us”, “We”, “Our”: AVS Fencing Supplies Limited

“the Customer”: The person/s who has purchased the Posts from Us or if the person/s who has purchased the Posts from Us (e.g. a contractor) is installing the Posts at the Property for someone else then that person/s for whom the Posts are first being installed and who is named in the invoice issued by the person/s purchasing from Us to that person/s. In the event that the relevant invoice cannot be produced We will not be liable for any claim under this Guarantee

“Failed”: Damage caused by fungi to such an extent that the Posts or any of them are no longer fit for purpose

“Fungal Decay”: Wood destroying fungi that feed on and degenerate the wood cell walls, except for general staining and mould fungi associated with the weathering of wood

“the Posts”: The treated fence posts referred to in the Sales Invoice

“the Property”: The address where the Posts are first installed as shown in the Sales Invoice or if the person/s purchasing the posts from Us is installing them for someone else, the installation address shown in the invoice issued by the person/s purchasing from Us to that person/s

“the Sales Invoice”: Our sales invoice for the sale of the Posts

"the Sales Order Number" The Sales Order Number which is generated by Us on the sale of the Posts and which is shown in Our Sales Invoice

“Working Day”: Any day other than a Saturday, Sunday or Public Holiday

2. Benefits to the Customer

We will replace any of the Posts which have Failed due to Fungal Decay within the period of 15 years starting with the date of the Sales Invoice. The benefits of this Guarantee are limited to the Customer only and are restricted to the replacement of the Posts only

3. Conditions

This Guarantee is conditional upon the Customer complying with the following conditions and procedures:-

  • The Customer must follow the claims procedure mentioned below
  • The Posts must have been installed in accordance with Our Code of Practice from time to time, the current version of which is set out below
  • The Posts must have been paid for in full
  • The Property address must be correctly shown on the Sales Invoice
  • We are able to inspect the Posts as they were originally installed and where they were originally installed
  • 4. Making a Claim

    The Customer must notify Us in writing within 10 working days of the Customer becoming aware of circumstances which may give rise to a claim under this Guarantee, giving full details and quoting the Sales Order Number and, if the person/s who purchased the Posts from Us has installed them for someone else, the installation address must be referred to in the purchaser's invoice to that person and which must also be produced to Us

    We will make a preliminary inspection at the Property as soon as practicable and no later than 10 working days from the date We receive the Customer's claim

    The Customer must provide Us with every opportunity to inspect the Posts whenever required and failure to do so will invalidate this Guarantee

    We reserve the right to remove samples of wood, soil or other material for testing as may be appropriate

    We will hope to give a preliminary response to the Customer as soon after the initial inspection as We can and in any event within a further 10 working days

    We will give the Customer notification as to whether the claim is accepted within a reasonable period after that. Please note that in some circumstances We may have to carry out further investigations which may delay Our final response

    If We accept the claim we will replace the Posts by delivering them to the Property within the terms of Our usual delivery procedures

    5. Exclusions

    This Guarantee does not cover the following:-

  • All forms of mechanical damage, including wind damage
  • Where a Post has broken at ground level and Fungal Decay was present but ancillary to the reason for the breakage
  • Where the Posts have been exposed to regular immersion in fresh or salt water (e.g. regular flooding)
  • The Posts have been used for a purpose for which they were not designed
  • Posts which have not been marked on the Sales Invoice as being covered by the Guarantee
  • The costs of removal of the Posts and the installation of any replacements
  • Any incidental, economic or consequential loss whatsoever which results from the failure of the Posts, including loss of profits and damage to third parties but without limitation
  • Where the Posts are originally installed at a location outside a radius of 50 miles from one of Our depots
  • We are not satisfied that the Posts were purchased from Us
  • We cannot or are prevented from inspecting the Posts as they were originally installed and where they were originally installed
  • This guarantee may not be transferred to anyone else
  • Where a Post is installed in an area paved with slabs, concrete, tarmac or similar and the concrete backfill to the posthole is made flush with the surrounding paving

  • A cross cut end of a treated post must never be embedded in the ground.
  • Any cuts or notches into the treated post should be re-coated with two liberal brush coats of approved endcoat
  • Treated wood must never be rip sawn along its length
  • If concreting the post into the ground, there must be sufficient drainage; so do not sit the post on a bed of concrete creating a boot for water to collect in
  • Where posts are installed in areas of soil the concrete should not reach ground level but should stop at least 100mm below, the rest being backfilled with soil
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