McNamara Fencing Terms and Conditions of Sale

Effective date: 1 March 2026

Wallstown Hardware Ltd trading as McNamara Fencing (“McNamara Fencing”, “the Company”, “we”, “us” and “our”) supplies fencing, timber, agricultural, equestrian, landscaping and related goods. McNamara Fencing principally supplies trade and agricultural customers, including fencing contractors, farmers, landscapers and stud farms, and also supplies certain goods to private and DIY customers.

These Terms and Conditions apply to all quotations, orders and contracts for the sale and supply of goods by McNamara Fencing.

1. Definitions

• Business Customer means a person, partnership, company or other organisation buying goods wholly or mainly for use in its trade, business, craft or profession.
• Consumer means a natural person acting for purposes outside his or her trade, business, craft or profession.
• Contract means the contract between McNamara Fencing and the Customer for the sale of goods, incorporating these Terms, the order confirmation and any document expressly incorporated by reference.
• Customer means the person or entity placing the order with us.
• Goods means any products, materials or accessories supplied by us.
• Order means the Customer’s order for Goods, whether placed through our website, by email, by telephone, in person or otherwise.
• Territory means the Republic of Ireland.

2. Basis of Contract

2.1 These Terms apply to all Orders accepted by us and supersede any inconsistent terms put forward by the Customer, unless expressly agreed in writing by a director of McNamara Fencing.

2.2 Any quotation is an invitation to treat and not a binding offer. A Contract is formed only when we issue written acceptance, dispatch the Goods, or make the Goods available for collection.

2.3 Product photographs, descriptions, dimensions, grades, finishes, colours and illustrations on our website, catalogues, social media or other marketing materials are provided for general guidance only. Natural products, reclaimed products, timber products and manufactured products may vary in colour, grain, texture, weathering, finish, dimensions and appearance. Minor variations shall not constitute a defect or misdescription.

2.4 McNamara Fencing may fulfil, source, dispatch or deliver Goods from its own premises, from a supplier, from a manufacturer, or through a third-party carrier or fulfilment provider. Unless expressly agreed in writing, the use of a third-party supplier or carrier does not alter the Contract price, the identity of the seller, or the Customer’s obligations under these Terms.

2.5 The Customer is responsible for checking that the Goods ordered, quantities, sizes, grades and specifications are suitable for the Customer’s intended purpose before placing the Order. Where the Customer is a Consumer, nothing in these Terms limits the Customer’s statutory rights.

3. Orders and Product Information

3.1 Orders are subject to acceptance and availability. We reserve the right to refuse or cancel any Order before dispatch or collection, including where there is an obvious pricing or description error, stock issue, payment issue, or suspected fraud.

3.2 If we cannot accept an Order, we will notify the Customer and, where payment has already been taken for unavailable Goods, refund the amount paid for those Goods.

3.3 The Customer is responsible for ensuring that all Order details are complete and accurate.

3.4 Timber, reclaimed, agricultural, steel and other construction-related products may be heavy, irregular, weathered or industrial in character and may contain natural or reclaimed variations. Product names, grades and descriptions should be read in that context.

4. Price and Payment

4.1 All prices are shown in euro unless otherwise stated.

4.2 Prices shown to consumers on our website are inclusive of VAT where required by law. Prices quoted to Business Customers may be shown exclusive or inclusive of VAT as stated at the time of quotation or checkout.

4.3 Delivery, pallet, courier, crane, remote area, packaging and other ancillary charges are additional unless expressly stated otherwise.

4.4 The price payable by the Customer is the price displayed or quoted by McNamara Fencing at the time the Order is placed and accepted. The Customer acknowledges that our selling price may differ from any supplier, manufacturer or distributor price. We are not obliged to disclose supplier pricing, trade discounts, margins, fulfilment arrangements or internal procurement costs.

4.5 Payment must be made in full before dispatch or collection unless a credit account has been expressly approved in writing.

4.6 Where credit terms are granted to a Business Customer, payment is due strictly in accordance with the agreed account terms. We may suspend supply, cancel Orders, charge statutory or contractual interest, and recover reasonable debt recovery costs where sums remain unpaid, subject always to applicable law.

4.7 Title to Goods shall not pass until full cleared payment has been received for the Goods and any other sums then due to us from the Customer.

5. Delivery, Collection and Risk

5.1 Delivery dates and times are estimates only and are not guaranteed. Time is not of the essence unless expressly agreed in writing. We are not liable for delay caused by traffic, weather, stock issues, carrier delay, supplier delay, force majeure or other circumstances beyond our reasonable control.

5.2 We may deliver Goods in one or more instalments.

5.3 Goods may be delivered by us, by a third-party carrier, or directly from a supplier or manufacturer. Delivery by a third party on our behalf shall constitute delivery by McNamara Fencing for the purposes of the Contract.

5.4 Risk in the Goods passes to the Customer on delivery at the delivery address or, where the Goods are collected, on collection from our premises or the relevant collection point.

5.5 Delivery is to the kerbside, gateway, yard entrance or nearest reasonably accessible point unless expressly agreed otherwise. The Customer is responsible for ensuring suitable and safe access for delivery vehicles and safe off-loading facilities. Additional charges may apply where delivery cannot be completed due to inadequate access, absence of the Customer, failed delivery, waiting time, redelivery, crane requirements or special handling.

5.6 The Customer must inspect the Goods as soon as reasonably possible on delivery or collection and note any obvious shortage, transit damage or incorrect Goods on the delivery documentation where possible.

6. Shortages, Damage, Incorrect Goods and Quality Issues

6.1 Any claim for obvious shortage, visible damage or incorrect Goods must be notified to us as soon as reasonably possible and, in any event, within 3 working days of delivery or collection.

6.2 Any claim that Goods are defective, not of satisfactory quality, not fit for purpose, or not as described must be notified to us within a reasonable time after discovery, together with photographs and any other evidence reasonably requested. Consumers retain the remedies available under the Consumer Rights Act 2022 and other applicable law.

6.3 The Customer must not use, cut, install, alter, treat, resell or incorporate Goods into any structure once a defect or issue is alleged, except to the extent reasonably necessary to prevent damage or for safety. We may refuse claims where Goods are materially altered, installed or used after the alleged issue becomes apparent, without prejudice to any rights a Consumer may have under law.

6.4 Where a valid claim is established, our liability shall, at our option and subject to applicable law, be limited to repair, replacement, refund, price reduction, or other remedy required by law. Any remedy shall be subject to the nature of the Goods, the issue raised, and whether the Customer is a Business Customer or Consumer.

7. Returns

7.1 We may accept returns only with prior authorisation from us. A return request must quote the original order or invoice number and the reason for return.

7.2 For Business Customers, returns are accepted only at our discretion. Goods must be unused, resaleable, in original condition and packaging where applicable, and returned within the period notified by us. We may deduct a handling, restocking, collection or carriage charge. Special-order, made-to-order, cut-to-size, treated-to-order, non-stock, perishable, opened, used, damaged or discontinued items may not be returned unless faulty or otherwise required by law.

7.3 For Consumers buying online, by telephone or other distance means, cancellation rights may apply under the Consumer Rights Act 2022. Subject to any legal exception, a Consumer may cancel a distance contract within 14 days after receiving the Goods, without giving a reason.

7.4 A Consumer who wishes to cancel under clause 7.3 must clearly notify us within the cancellation period. The Consumer must then return the Goods without undue delay and, in any event, within 14 days of notifying cancellation.

7.5 Unless the Goods are faulty or not as described, the Consumer is responsible for the direct cost of returning cancelled Goods. Where Goods, by their nature, cannot normally be returned by post, the Consumer must bear the direct cost of collection or return, which may be substantial for bulky, palletised, long-length, heavy or crane-handled goods. Estimated collection costs are available on request before purchase where required by law.

7.6 The statutory right to cancel does not apply, among other things, to goods made to the Customer’s specifications or clearly personalised, sealed goods unsuitable for return for health or hygiene reasons once unsealed, or other contracts excluded by law.

7.7 A Consumer is liable for any diminished value of returned Goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

8. Business Customers

8.1 Where the Customer is a Business Customer, the Goods are sold on the basis that the Business Customer has satisfied itself as to the suitability, specification, compliance and fitness of the Goods for its intended use, application, site conditions and end user requirements.

8.2 Advice, recommendations, technical guidance, quantity calculations and informal statements given by us are provided in good faith for general guidance only and do not form part of the Contract unless expressly confirmed in writing.

8.3 A Business Customer shall ensure that all users, operatives and third parties handling the Goods are competent and comply with all applicable health and safety, storage, installation, use, treatment and maintenance requirements.

9. Consumers

9.1 Nothing in these Terms excludes or limits any right or remedy that a Consumer has under Irish consumer protection law, including the Consumer Rights Act 2022.

9.2 Where there is any conflict between these Terms and a Consumer’s mandatory statutory rights, the statutory rights shall prevail.

9.3 Information required by law before the conclusion of a distance contract forms part of the Contract between us and the Consumer.

10. Product Use, Storage and Care

10.1 The Customer must follow any product instructions, safety notices, care guidance, treatment requirements, storage advice and maintenance recommendations supplied with the Goods or published on our website.

10.2 Timber and reclaimed products must be stored appropriately and may require sealing, treatment, acclimatisation, drainage allowance, suitable structural support and ongoing maintenance depending on the intended use and exposure conditions.

10.3 We are not liable for loss arising from improper storage, handling, treatment, installation, misuse, overloading, inappropriate application, fair wear and tear, weathering, natural movement, rusting, corrosion, animal damage, or failure to maintain the Goods.

11. Limitation of Liability

11.1 Nothing in these Terms excludes or limits liability where it cannot lawfully be excluded or limited under Irish law, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or mandatory consumer rights.

11.2 Subject to clause 11.1, where the Customer is a Business Customer:

• all terms implied by law are excluded to the fullest extent permitted by law;
• we shall not be liable for indirect, incidental, consequential or special loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings or loss arising from delay; and
• our total aggregate liability in respect of any Contract shall not exceed the price paid for the relevant Goods giving rise to the claim.

11.3 This clause does not affect any non-excludable remedy available to a Consumer under the Consumer Rights Act 2022.

12. Events Outside Our Control

We are not responsible for any failure or delay in performing our obligations caused by events outside our reasonable control, including severe weather, flood, fire, accident, pandemic, epidemic, war, cyber incident, interruption to transport networks, raw material shortages, supplier failure, labour shortage, machinery breakdown, strike, lockout, utility outage or acts of government.

13. Cancellation by Us

We may cancel the Contract, refuse supply, suspend deliveries or require alternative payment arrangements where:

• Goods become unavailable;
• there is a manifest pricing or description error;
• we reasonably suspect fraud or misuse;
• the Customer fails to make payment when due;
• the Customer becomes insolvent or we reasonably believe that payment is at risk; or
• continued supply would be unlawful or unsafe.

Where we cancel after payment has been received and before the Goods are supplied, we will refund sums paid for undelivered Goods.

14. Intellectual Property

All website content, product photographs, text, drawings, specifications, logos, trade marks and documents supplied by us remain our property or that of our licensors and may not be copied or used without permission except as necessary to place an Order and use the Goods lawfully.

15. Complaints

Complaints should be sent to info@mcnamarafencing.ie or by post to Wallstown, Castletownroche, Mallow, Co. Cork, P51 ED27, Ireland. We will aim to acknowledge complaints within a reasonable time and seek to resolve them fairly.

16. Governing Law and Jurisdiction

These Terms and any Contract shall be governed by the laws of Ireland. The courts of Ireland shall have jurisdiction, subject to any mandatory rights of a Consumer to take proceedings in the courts applicable under law.

17. Severability and Entire Agreement

17.1 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall, to the extent required, be severed and the remaining provisions shall continue in full force and effect.

17.2 Subject to clause 9, the Contract constitutes the entire agreement between the parties relating to the sale of the Goods.

18. Contact Details

Wallstown Hardware Ltd t/a McNamara Fencing
Wallstown, Castletownroche, Mallow, Co. Cork, P51 ED27, Ireland
Telephone: +353 (0)22 40723
Email: info@mcnamarafencing.ie
Website: www.mcnamarafencing.ie