Terms & Conditions
GENERAL - DELIVERY - DAMAGE IN TRANSIT AND DEFECTIVE DELIVERY - PRICES - RISK, TITLE, INSURANCE - PAYMENT TERMS - CANCELLATION - DATA - MEASUREMENTS AND QUANTITIES - CONTRACT TERMS - GUARANTEE - FORGE MAJEURE - LIFTING - REGULATIONS
(1) Quotations shall only be available for acceptance for a maximum period of seven days from the date thereof and my be withdrawn or altered by the company within such period at any time without notice.
(2) Materials from stock are offered subject to their being unsold upon receipt of the order
(3) Quotations are made and orders accepted subject to the following conditions. All other conditions whatsoever are excluded from the contract, or any variation thereof, unless expressly accepted by the company in writing.
(1) The company will endeavour to comply with reasonable requests by the customer for postponement of delivery but shall be under no obligation to do so. Where postponement is agreed by the company in writing the customer shall if required by the company pay all costs and expenses including a reasonable charge for storage occasioned thereby.
(2) Time for delivery is given as accurately as possible but is not guaranteed. The customer shall have no right to damages or to cancel the order for failure for any cause to meet delivery time stated.
3. DAMAGE IN TRANSIT AND DEFECTIVE DELIVERY
(1) Except where defects result in damage as defined by the Consumer Protection Act 1987 (hereinafter referred to as "The Act") the customer shall have no right or claim for
(a) defects apparent on inspection or
(b) shortages or non delivery unless
(i) a written complaint is sent to the company within seven days of delivery specifying the shortage or defect and a written complaint is sent to the carrier within three days of delivery or such longer period as the carrier's conditions permit.
(ii) the company is given an opportunity to inspect the goods before any resale or use is made thereof or any alteration or modifications made thereto by the customer. If a complaint is not made to the company or the carrier as provided by this condition then the goods shall be deemed to have been delivered in the correct quantity and free of defects which would have been apparent on inspection.
(iii) all allegations of total non-delivery of any consignment of the goods must be made by the customer in writing to the company and to the carrier within ten days of the date of the company's invoice or advice note or any notification of despatch or such shorter time limit a may be specified in any conditions of the carrier. Failure by the customer to comply with the provisions thereof shall render the customer liable for any temporary or permanent loss of the goods and all additional costs and expenses of the company in relation thereto.
(1) All prices are stated net ex works.
(2) The price quoted represents the current price of the company ruling at the date of quotation and the customer accepts the trade usage that the contract price shall be the current price of the company exclusive of VAT ruling at the date of despatch.
(3) The cost of packaging required by the customer shall unless otherwise stated be charged extra. The cost of packing cases will be credited in full to the customer on their return to the company in condition carriage paid.
5. RISK, TITLE, INSURANCE
(1)Subject to the provisions of the ACT where applicable risk shall pass to the customer when goods are delivered to the place required by the customer.
(2) Titles shall not pass to the customer until payment in full shall have been made to the company.
(3) Maritime insurance will be affected under FPA Policy only and without covering war risks unless otherwise stated.
6. PAYMENT TERMS
(1) No disputes arising under the contract nor delays beyond the control of the company shall interfere with prompt payment by the customer.
(2) In the event of default in payment by the customer in accordance with agreed terms the company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries without notice.
(3) All accounts shall be strictly 30 days unless otherwise agreed by the company in writing.
Cancellation will only be accepted by the company in writing and on conditions that all costs and expenses incurred by the company up to the time of cancellation and all loss of profits and other loss or damage resulting to the company by reason of such cancellation will be reimbursed by the customer to the company forthwith in the case of material ordered or manufactured or processed specifically for the customer cancellation will not be accepted by the company unless accepted by the company's supplier.
Weights, illustrations, measures, application suitability, performance, capabilities, information and other data set our in the sales literature of the company are statements of opinion and are provided for information only and form no part of the contract.
9. MEASUREMENTS AND QUANTITIES
(1) Steel sections and bars may be purchased by the customer in random lengths or cut to size. Where the customer requires cut lengths the recognised margin for cutting shall apply.
(2) All dimensions and weights quoted are subject to recognised tolerances.
(3) The customer shall as soon as reasonably practicable after delivery, satisfy himself that the measurements, weights or quantities of materials supplied are correct and shall notify the company in writing of any discrepancy within three days of the discovery of such discrepancy. The company shall not be liable for any such discrepancy if the customer unreasonably delays inspection of the materials supplied. Reasonable opportunity of inspection and of witnessing re- weighing must be afforded to the company before the goods have been used, processed or resold by the customer. Where subject to recognised tolerances as herein contained, any discrepancy is revealed and accepted by the company, the company shall, at its own option, rectify replace or credit the customer accordingly and no further right of action set off or counter claim shall subsist against the company in respect of such discrepancy.
10. CONTRACT TERMS
(1) Except as specifically provided in the ACT and these conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or occasioned by any defect in or failure of goods or material or parts thereof supplied by the company.
(2) The customer agrees that from the express terms contained herein or in the quotation or in any document expressly stipulated therein to form part of the contract and to be outside the provisions of this clause no statement or representation has been made by the customer warrants that he understood it to be a statement of opinion only and did not rely on it.
3) The company shall not be obliged to produce test and performance certificates or safety critical certificates unless requested by the customer and accepted by the company.
(4) Acceptance of our goods deems the purchaser to accept our terms and conditions superseding any other terms and conditions.
(1) Subject to the Act, the company's liability for all goods or material or services supplied by them shall be limited to the liability of the manufactures or suppliers of each goods/and or services to the company and the company's liability of the carrier to the company in respect of such delivery whether or not the extent of the manufacturers supplier's or carriers liability is made known to the customer.
(2) The company will at its option replace or refund the invoice value of the goods supplied by it under this contract which are found to be defective and which are returned to the company within six months from the date of invoice. Save as expressly herein provided and save in respect of death and personal injury resulting from the negligence of the company and death, personal injury, or any loss of, or damage to, any property (including land) arising under the ACT, the company shall be under no liability for, or in respect of, any defect in or failure or unsuitability for any purpose of the goods or any part thereof whether the same be due to any act, omission, negligence or willful default of the company or its servants or agents or to fault design, workmanship or material or any other cause whatsoever. This warranty is in lieu of and excludes all other warranties and conditions expressed or implied under common law statue or otherwise.
The customer hereby acknowledges.
(i) That it purchased the goods relaying solely on its own judgment as to the fitness for the purpose required.
(ii) That it fully appreciates that the company acts as merchants only and are in now way concerned with the manufacture of goods.
(iii) That it purchased the goods in the course of business and not for private use.
(iv) That it purchased the goods in a competitive market and that the bargaining strength of the company was in no way relevant factor in the purchase of the goods from the company.
12. FORGE MAJEURE
(1) BREAKDOWN OF MACHINERY AND FIRE
The company shall be granted all necessary time and other indulgences necessary in the event of fire, breakdown of machinery, or other circumstances beyond its reasonable control and shall not be liable for any delays loss or damage caused thereby.
(2) The company shall be under no liability for any delays, loss or damage caused wholly or in part by war, civil commotion, Act of God, or by any act done or not done pursuant to a trade dispute, whether such dispute involves the company's servants or not.
All quotations and contracts are subject to appropriate ministry or other statutory orders and regulations and to any other statutory regulations from time to time applicable and shall be subject to variation, modification or addition in accordance with such orders and regulations and all materials subject thereto shall be charged at the control price ruling at the time of despatch.
15. Governed by the Laws of England.