Terms of Service

  1. CONDITIONS OF SALE

 

  1. These conditions will be incorporated into the contract between us. These Conditions shall displace and override any conditions, stipulations or reservations made by the buyer, orally or in writing, insofar as they conflict, and delivery of goods by us shall not constitute acceptance by us of any such conditions, stipulations or reservations. Acceptance of the goods by the buyer shall constitute acceptance of these conditions. This order is accepted by us on the understanding that the whole of the quantity and/or service quoted will be ordered and supplied. Notwithstanding the above, deliveries will only be made to the value of the payment received or a pre-set credit limit. We will set said limit entirely at our own discretion and seek from the buyer such information as we consider necessary from time to time to justify or maintain the credit facility. We further reserve the right to amend or withdraw the facility at any time before or during the currency of a contract if such information is not forthcoming or is in our reasonable opinion considered adverse. 
  2. Any times for delivery stated are our estimates only and not contractual terms. Estimates given by us may need to be changed. Failure by us to adhere to any delivery time shall not, without our consent, entitle the buyer to cancel the contract.
  3. In no circumstances whatsoever shall we be liable for any loss or damage, direct or consequential, occasioned by any late delivery or non-delivery.
    • Where goods are collected from our premises by or on behalf of the buyer all risk in the goods shall pass from ourselves to the buyer when the goods shall have been loaded in accordance with the contract onto the transport used by the buyer.
    • Where goods are delivered by us to site or factory all risk in the goods shall pass from ourselves to the buyer when the transport containing the goods shall have arrived at the nearest hard road approach to the site or factory.
    • Where we or our agent has attempted to deliver goods to a site or factory, and has been unable to do so due to access issues or any other reason, delivery will be deemed to have taken place, and all additional expenses incurred by us, e.g. in respect of storage, unloading, reloading or transport will be payable by the buyer.
    • Where goods are delivered by us to site or factory we shall be entitled to unload the said goods at any part of such place as shall appear reasonable to any servant or agent engaged by us in the said task, except that when directed whether orally or in writing by some person having the apparent authority of the buyer we shall be entitled to unload the goods at the place indicated by the said person.
  4. All goods sold by us and due for delivery shall if not accepted be in all respects at the buyer’s risk, and we shall be entitled to invoice them in full as though the goods had been delivered and such invoices will become due for payment in full on due date. All additional expenses incurred by us, e.g. in respect of storage, unloading, reloading or transport will be payable by the buyer. 
  5. Upon delivery to the customer, or collection by him, material must be checked against delivery note and signed for. No claims for shortages, defective material, damage in transit or faulty workmanship shall be accepted unless the buyer notifies us on receipt of the goods and affords us opportunity for inspection. Our expenses in investigating any claim which is found to be invalid will be payable by the buyer. If such notice is not confirmed, in writing, and such confirmation received by us within seven days of delivery or collection, the contract shall be deemed to have been properly performed by us in all respects. 
  6. If, and only if, a valid claim is made upon us under Condition 6 above, we shall, and shall only, be liable to deliver to the site or factory at our expense other goods to replace the missing, defective or damaged goods, or remedy the defective workmanship, and we shall under no circumstances whatsoever, and whether or not a valid claim is made upon us under Condition 6 above, be liable for any loss or damage, direct or consequential. This undertaking is given by us and shall be accepted by the buyer in substitution for any other remedy.
  7. The price of any goods to which this order relates may be increased to the extent of any increase in the cost of materials, labour and/or other expenses relating to the supply of the goods and prevailing at the date of despatch. 
  8. It is agreed that light rust or millscale will not constitute grounds for rejection or complaint.
  9. All invoices must be paid in full without deduction or set off for any reason whatsoever, strictly in accordance with the terms either originally stated or varied by us, or if none are stated at any time prior thereto, payment will be due when the order is placed. No orders will be processed by us if they will exceed a buyers account limit, or in the case of buyers with no account facility, that are not paid in full. If the buyer should fail to pay any sum on the due date we reserve the right to charge interest at 2% above the National Westminster Bank base rate ruling at the time on any overdue payments and shall be entitled without prejudice to any other remedy, and whilst the default continues to suspend all further deliveries and/or to cancel the contract wholly or in part.
  10. No agreement or representation made or purported to have been made by any person on our behalf shall be binding or of any effect unless confirmed in writing by us.

 

  1. The contract shall be governed by English law. 

 

  1. All calls are recorded for training and monitoring purposes. These are solely for in house access. 
  2. Most steel is supplied in accordance with the requirements of the relevant British standard. However, in some instances, certain Mesh products being delivered directly from our suppliers may not have all the above certifications. Special tests can be carried out and certificates issued at the expense of the buyer. Subject to the foregoing, all express or implied warranties or conditions, statutory or otherwise, as to quality or fitness for any purpose of the goods are hereby expressly excluded.
  3. The risk in the material passes to the Buyers upon delivery. No title to or interest in the goods shall pass to the Buyers until the whole of the amounts owing by the Buyers to the Sellers (whether in respect of the goods or otherwise) has been discharged. Until the title passes to the Buyers the Buyers shall hold the goods as bailee of the Sellers with revocable authority as agents to sell the same upon behalf of the Sellers. The Sellers may at any time:
    • require any of the goods so held by the Buyers as bailee to be stored separately by the Buyers:
    • require any money owing to or paid to the Buyers when the customer sells the goods to be separately accounted for in the Buyers accounts (such accounts to be available for inspection by the Sellers):
    • enter upon the premises of the Buyers and recover the goods in the event of non-payment of any amounts due to the Sellers or non-observance by the Buyers of any of its obligations under the clause.