Terms and Conditions
Terms and Conditions of Sale
1. Formation of contract
Any order sent to the seller by the buyer shall be accepted entirely at the discretion of the seller and, if so accepted, will only be accepted upon these conditions and by means of the sellers standard order acknowledgement form.
Each order which is so accepted shall constitute an individually legally binding contract between the seller and the buyer and such contract is hereinafter referred to as an ‘order’.
These conditions shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other documents or correspondence from the buyer, if any amendments to this contract are required it is preferable that they be confirmed in writing by the customer and an authorised representative of the Company.
2. Specification and information
The buyer shall be responsible to the seller for ensuring the accuracy of the terms of an order (including any applicable specification). No other specification, descriptive material, written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into the order other than those (if any) that are expressly listed or set out on the face of the order /quote or the order acknowledgement form.
The buyer shall be responsible for ensuring that all the relevant measurements, details, specifications and details are made available to the seller in a clear format. The seller cannot take any responsibility for a product that does not fit the buyer’s property when the above condition is not complied with fully. Upon a site inspection by ourselves, if we recommend that the product ordered is not suitable then we will refund any deposit paid less a £30.00 administration fee.
The seller cannot take any responsibility for a product that does not fit a buyers property unless a site inspection has been carried out by the seller prior to the product being manufactured.
Although zinc spray offers protection against rust the seller can offer no guarantee as to the extent of this protection.
The seller will endeavour to complete the manufacturing process of your product within six weeks of payment being received, however this cannot be guaranteed and no discount will be offered for any reasonable delays which have been notified to the buyer.
4. Delivery and Risk
Where the buyer opts for delivery, delivery will be to the address specified in the order; the seller reserves the right to make any additional charge to cover any increase in transport costs occurring before the date of delivery.
Any time or date for delivery given by the seller is given in good faith, but is an estimate only. Risk in the goods shall pass to the buyer upon delivery.
Any claim by the customer for faulty or poor workmanship must be notified to the Company as soon as reasonably practical after the fault/ damage is discovered. In order to avoid any confusion or delay notification should be made to the Company in writing or confirmed in writing.
5. Title and Payment
The seller warrants that the seller has good title to the goods.
Unless expressly accepted in writing by a person authorised to sign on the seller’s behalf prior to an order being placed, payment of the price of the goods comprised in each order is due upon collection of the goods. When goods are to be delivered, payment is due prior to the goods being dispatched.
The seller reserves the right, by giving written notice to the buyer at any time before delivery to increase the price of the goods to reflect any increase in the cost to the seller which is due to any factor beyond the sellers control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the goods which is requested by the buyer, or any delay caused by any instructions of the buyer or failure of the buyer to give the seller adequate information or instructions.
If the buyer fails to make payment on the due date then, without limiting any other right or remedy available to the seller, the seller may:
1. Cancel the contract or suspend any further deliveries to the buyer;
2. Charge the buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 2% per annum above LloydsTSB Bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Title to the goods comprised in each order shall not pass to the buyer until the buyer has paid their price to the seller, but, even though title has not passed, the seller shall be entitled to sue for their price once its payment has become due.
Until such time as the title in the goods passes to the buyer, the buyer shall hold the goods on the sellers behalf, and shall keep the goods separate from those of the buyer and third parties and properly stored and identified as the seller’s property.
Until such time as title in the goods passes to the buyer, the seller may at any time require the buyer to deliver up the goods to the seller and, if the buyer fails to do so we shall take legal proceedings to recover the goods or their value.
Until such time as title in the goods passes to the buyer, the buyer shall not be entitled to pledge or any way charge by way of security for any indebtedness any of the goods.
If the buyer fails to take delivery of the goods comprised in an order or fails to give the seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the reasonable control or by reason of the seller’s fault) then, in accordance with section 12 of the Torts (Interference with Goods) Act 1977 a registered letter will be sent to the customer specifying the amount owed and that the goods are ready for delivery/ collection.
Upon written notification to the customer, without limiting any other right or remedy available to the seller, the seller may:
1. Store the goods until actual delivery and charge the buyer for the reasonable costs (including insurance) of storage and redelivery; or
2. Sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the buyer for the excess over the price stated in the order and deduct from any payment made by the buyer any shortfall below the price stated in the order before refunding the purchase price.
8. Force Majeure
The seller shall not be under any liability for any failure to perform any of its obligations under the order due to force majeure. Following notification by the seller to the buyer of such cause, the seller shall be allowed a reasonable extension of time for the performance of its obligations.
For the purpose of this condition, ‘force majeure’ means fire, explosion, flood, lightening, Act of God, act of terrorism, war, rebellion, riot, sabotage, or official strike or similar official labour dispute, or events or circumstances outside the reason or control of the party affected thereby.
The seller shall not pass on to any third parties without the prior consent of the buyer any information that the seller may hold about them.
10. Unfair Contract Terms Act 1977
Nothing in these terms and conditions shall operate or be construed to operate so as to exclude or restrict the liability of the seller for death or personal injury caused to the buyer by reason of the negligence of the seller or of its servants or employees
11. Applicable Law
The order shall be considered a contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.