TERMS AND CONDITIONS



Subject to any variation under condition the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Company.

The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate. The company cannot be held responsible for instructions, sizes, tolerances and quantities incorrectly supplied when instructions are given verbally. The company is not liable for any loss of earnings, cost of labour or cost of replacement caused by any breakdown of the product. Any quotation is given on the basis that no Contract shall come into existence until the Company des patches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

Description

The quantity and description of the Goods shall be as set out in the Company’s quotation or acknowledgement of order. All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. All Goods will be supplied to normal commercial tolerances associated with the fabrication and construction industry. The Buyer must state the required tolerances and request clarification of the tolerances of the Company’s products before placing an order. Whilst the Company shall endeavour to achieve the Buyers tolerance specification, the Company must point out that a possible ‘plus or minus’ 2.0mm deviation can occur and will be the Buyers responsibility to make allowances for this prior to placing an order. The Buyer must satisfy himself that the Goods are suitable for the intended purpose. The Company does not offer design facilities and is only responsible for the services it offers. Material certificates will be supplied on request in Writing from the Buyer provided that the written request is received by the Company no later than the date that the order is received by the Company. The Company has no metallurgical testing facilities and is reliant on its mill suppliers, supplying materials to specifications requested. All carbon steel materials are tested at the mill to set criteria (S0, S1, S2, and S3) which allow for a specified quantity of inclusions per test area. (S0) is the basic test on mill produced carbon steel and is the Buyer’s responsibility to instruct of any additional test requirements above this standard. Literature regarding the above tests can be made available upon request. Any claims for non-specification material represents no negligence by the company, and such will be passed onto the material supplier. The Company accepts no responsibility for the behaviour of any of the Buyer’s free-issue material whilst undergoing profiling or bending. Free-issue Materials are handled, bent and profiled at the Buyer’s own risk. Any Buyer supplying Free Issue Material must ensure that it is safe to profile and bend without any risk to Health and Safety. The Buyer shall notify the Company in writing of any special precautions that may need to be taken. Failure to do so will result in legal proceedings being issued against the Buyer.


Delivery

Unless otherwise agreed in writing by the Company, Effective Delivery of the Goods shall take place when the Goods are dispatched from the Company’s place of business. The Buyer shall take delivery of the Goods within 3 days of the Company giving it notice that the Goods are ready for delivery. Any dates specified by the Company for Effective Delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss caused directly or indirectly by any delay in the delivery of the Goods (even if cause by the Company’s negligence). The Buyer shall not be entitled to terminate or rescind this contract due to any delay in delivery of the Goods (even if through negligence of the Company) unless such delay exceeds 180 days. If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisation's: The Company may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract. Each installment shall be a separate Contract and no cancellation or termination of any one Contract relating to an installment shall entitle the Buyer to repudiate or cancel any other Contract or installment. The Company is responsible for the loading of the Goods onto transport at the Company’s place of business. The Buyer must ensure that appropriate equipment is provided at the Buyer’s chosen delivery point for the unloading of the Goods, at the cost of the Buyer.

Risk/Title


The Goods are at the risk of the Buyer from the time of Effective Delivery. Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of: (a) the Goods; and (b) all other sums which are or which become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: (a) hold the Goods on a fiduciary basis as the Company’s bailee; (b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property; (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and (d) maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.

Price


Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the quotation given to the Buyer at the time of order. If no quotation is given to the Buyer, the price due to the Company pursuant to these conditions will be the most recent price paid by any customer of the Company for the same or similar Goods. The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods.

Payment

Payment of the price for the Goods is due in pounds sterling 30 days after the Goods are delivered or deemed to be delivered. No payment shall be deemed to have been received until the Company has received cleared funds. The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.