These terms and conditions apply between you, the User of this Website, and Steelway Fensecure LTC, Company Reg 03872973, the owner and operator of this Website. Your agreement to comply with, and be bound by, these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately
Intellectual Property
All Content included on the Website, unless uploaded by Users, is the property of Steelway Fensecure Ltd. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the site, without the prior written permission of Steelway Fensecure Ltd.
Site Use
You agree that you will only use this site in a way which is consistent with these terms and conditions and which complies at all times with applicable laws and regulations.
You may not modify, copy, reproduce, republish, download, post, distribute, sell, licence, or make available to the public the site content, without first obtaining the prior express written consent from Steelway Fensecure Ltd.
You also agree not to adapt, alter or create a derivative work from any site content except for your own personal, non-commercial use. Any other use of site content requires the prior written permission of Steelway Fensecure Ltd.
General
Use of this site is also governed by our Privacy Policy.
The details within the site are published in good faith and are correct to the best of our knowledge.
This Website may contain links to other sites which are not under our control. We assume no responsibility for the content of such sites, and disclaim liability for any and all forms of loss or damage arising out of their use.
We may vary these terms and conditions from time to time. Any changes we make shall be posted on this page, and we suggest that you visit this page regularly in order to view any such changes.
These terms and conditions are governed by and construed in accordance with the laws of England and Wales, and are subject to the exclusive jurisdiction of the English and Welsh Courts.
1. APPLICATION OF THESE CONDITIONS
a) In these conditions “the Company” means Steelway Fensecure Ltd, “the Purchaser" means the person, firm or company to whom a tender or quotation is addressed or whose order is accepted by the Company, “the Goods” means all materials supplied under the contract, “the Contract Price shall mean the price agreed for the Goods, and “the Contract” means a contract between the Company and the Purchaser relating to the Goods.
b) All quotations are made and all orders accepted subject to the following conditions and all other conditions whatsoever are excluded from the contract, or any variation thereof, unless expressly accepted by the Company in writing.
c) A quotation given by the Company is an invitation to the Purchaser to make an offer only and no order of the Purchaser shall be binding on the Company unless it is accepted in writing by the Company on the Company’s acceptance of order form.
d) Prices quoted are (except where expressly stated) for the total quantities shown and for delivery at one time to one destination in one size and in one quantity.
e) Quotations shall be available for acceptance for a maximum period of 30 days and may be with drawn by the Company within such period by written or oral notice.
f) Unless otherwise stated, quotations are submitted for the supply of Goods only. Erection charges, when given, includes for assembling the Goods supplied on a continuous basis, but not including the cutting away or making good of brickwork, nor the supply and erecting of any scaffolding.
2. CANCELLATION
Cancellation will only be accepted by the Company on condition 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 Purchaser to the Company forthwith.
3. DESCRIPTIONS
Descriptions and illustrations of Goods in the Company’s publicity material, price lists and the like, are approximate and for generally guidance only; neither they nor representations made by any of the Company’s employees or agents form part of the contract.
4. AVAILABILITY OF MATERIALS AND PRODUCTIVE CAPACITY
a) Quotations are subject to raw material availability and productive capacity at the time of order.
b) Materials to be sold from stock are offered subject to the same being unsold on receipt of order.
5. DELIVERY AND PASSING OF RISK
a) Carriage is paid on all orders for amounts in excess of £500.
b) Unless otherwise agreed in writing andwhether or not the Company shall arrange transport by its own vehicles orotherwise delivery shall be deemed to have been effected and risk shall pass tothe Purchaser when Goods leave the premises of the Company.
c) Without prejudice the generality ofcondition 5(a), the Purchaser shall be responsible for any damage caused to andall other risks whatsoever in relation to the Goods in connection with their off-loadingand receipt at the Purchaser’s premises or other site specified for delivery.
6. DELAY IN DELIVERY
a) Time for delivery is given as accurately as possible but is not guaranteed and under no circumstances will delayentitle the Purchaser to treat the contract as repudiated or to damages.
b) Wheredeliveries are made by instalments against the Contract the Company’s failureto make any delivery shall not entitle the Purchaser to repudiate the Contract.
7. PRICE
a) Goods shall be the Company’s price as stated in its acknowledgement of order form, to which shall be added V.A.T. and/or any other tax or duty relating to the sale or delivery of the Goods and the company reserves the right where applicable to charge to the Purchaser the appropriate freight/delivery and other charges for delivery outside England and Wales.
b) The quoted price is based upon costs of component parts, raw materials, labour and other factors current at the date of the Quotation. The Company shall be entitled to increase the quoted price in the event of any changes in such costs at any time prior to the date of delivery of any particular part of the Goods and the Customer shall pay such increases in addition to the quoted price.
c) Any costs charges or expenses incurred by the Company which arise from any act or default of the Purchaser including inparticular any vehicle demurrage or storage charges shall be charged extra to the purchaser.
d) In the event that the Company accepts variations requested by the Purchaser to terms and specifications of the Contract, then the Company may make additional charges therefore.
8. TERMS OF PAYMENT
a) Time of payment is of the essence of the Contract.
b) Payment is due on the 10th day of the month following the month in which the Goods are delivered except as specified below.
c) Where goods are subject to inspection at the Company’s works 80% of the sum due shall be paid on notification that goods are ready for inspection and the balance one month after approval and despatch.
For contracts where the quotation was for delivery and erection on prepared site 80% of sum due shall be paid on delivery of the Goods to site and the balance on completion, or monthly, as work proceeds.
No responsibility is assumed in the Company’s quotation for Architects or Engineers retention figure unless agreed in writing at the time order is placed.
d) Where the Purchaser makes default under the Contract or any contract with the Company in payment of the due date of any amount due to the Company then the Company may postpone delivery of the Goods or the Fulfilment of its own obligations or may cancel all the contract or any other contract but without prejudice to any right or remedy which the Company may have against the Purchaser.
e) The Purchaser shall not be entitled to with hold payment of any amount payable under the Contract to the Company, because of any disputed claim of the Purchaser in respect of faulty goods etc.
f) The Company shall be entitled to interest on any part of the Contract price not paid by its due date from that date until payment at the rate of 2 per cent above Bank of England base rate for the time being.
9. OWNERSHIP OF GOODS
a) The Goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Purchaser shall have paid to the Company the Contract price together with the full price of any other goods the subject of any contract between the Company and the Purchaser.
b) Until such time as the purchaser becomes the owner of the Goods he will store them on his premises separately from his own goods or those of any person and in a manner which makes them readily identifiable as the Company’s goods.
c) The Purchaser acknowledges that until such time as the property in the Goods passes to the Purchaser he is in possession of the Goods as a bailee for the Company.
d) Until payment due under all contracts between the Purchaser and the Company has been made in full, in the event of sale of the goods or those of any person and in a manner which makes them readily identifiable as the Company’s goods.
(i) the companyshall be entitled to trace all proceeds of sale received by the Purchaserthrough any bank or other accountmaintained by the Purchaser; and
(ii) thePurchaser shall if requested by the Company in writing to do so assign itsrights to recover the selling price of the goods from the third partiesconcerned
e) The Company may for the purpose of recovery of its goods enter upon any premises where they are stored or where they arereasonably through to be stored, with appropriate transport, and may repossess the same.
f) Drawings supplied by the Company are the Property of the Company and protected by the laws of confidentiality andcopyright. They must not be disclosed to any third party or reproduced in anyform, including manufacture shown therein, without the prior written consent oft he Company.
10. TOLERANCES AND TEST CERTIFICATES
a) All dimensions and other characteristics quoted are subject to the tolerancesprovided by the appropriate BritishStandards or other standards specified in the Contract.
b) The company shall not be obliged to produce test performances and radiographycertificates or safety critical certificates unless requested by the Purchaserand accepted by the Company in writing.
c) The Purchaser shall pay for all test pieces which comply with specification.
d) Unless otherwise agreed in writing all tests and inspections shall take place at the Company’s works.
11. SHORTAGES AND DEFECTS APPARENT ON INSPECTION
a) The Purchaser shall have no right or claim for defects apparent on inspection unless:-
I. the Purchaser inspects the Goods supplied within three days of their arrival at the premises to which they are delivered :and
II. a written complaint is sent to the Companyimmediately after inspection by the Purchaser specifying the defect and whereapplicable a written complaint is sent to the carrier within three days ofdelivery or such longer period as the carrier’s conditions of business permit;and
III. the Company is given opportunity to inspectthe Goods before any use is made thereof,or any alteration or modification is made thereto by the Purchaser.
b) Save where the Company or its servants havebeen negligent the Company shall in no circumstances be liable for claims forloss or damage in transit.
c) If a complaint is not made to the Company asherein provided by this condition then the Goods shall be deemed to have beendelivered free of defects which would have been apparent on inspection.
d) Where a valid complaint is made by thePurchaser pursuant to this condition the Company will make good the shortageand/or deliver replacements or as its option repair the goods but shall have nofurther liability whatsoever by reason thereof or by reason of any delay consequent thereupon.
12. GUARANTEE
a) The Company guarantees the Goods against defective workmanship and materials for a period of 12 months from delivery of the Goods. The Company will at its option rectify or replace or refund the net invoiced price (less any allowance for scrap value) in respect of the Goods which have been shown to be defective. If so, requested the Purchaser will take all necessary steps to enable the Company to carry out rectification work to the Goods at the Purchaser’s premises or at the place or site where they are located. If the Company does so rectify the goods or supply substitute goods the Purchaser shall be bound to accept such rectified or substitute goods in full satisfaction of the obligations of the Company under the contract.
e) The Goods are not warranted or guaranteed tu be free from surface defects discernible only by magnetic crack detection unless such requirements are set out by the Purchaser in the
f) material specification or otherwisecommunicated in writing to the Company prior to acceptance of order.
g) The Company relies upon testing, examination and research carried out by the supplier of the Goods to the Company for the purchaser of the Health and Safety at Work etc. Act 1974.
h) The Purchaser shall in any event have no claim or set-off in respect of defects unless written complaint is sent to the Company as soon as the defect is noticed and no use is made of the goods thereafter nor alteration made thereto by the Purchaser before the Company is given an opportunity to inspect the Goods.
i) The Purchaser is solely responsible for ensuring that the Goods are fit for any particular purpose, and no warranty or condition of fitness for any particular purpose is to be implied into the Contract.
13. LIABILITY
Save as stated in Condition 11 and 12 (and save in respect of death or personal injury resulting from the negligence of the Company its servants or agents) the Company shall not be liable for any claim or claims for direct or indirect consequential or incidental injury loss or damage made by the Purchaser against the Company whether in contract or in tort (including negligence on the part of the Company its servants or agents) arising out of or in connection with any defect in the Goods or their fitness or otherwise for any particular purpose or any act omission neglecter default of the Company its servants or agents in the performance of the Contract.
14. SUB-CONTRACTORS
The Company shall be entitled to appoint one or more sub-contractors to carry out all or any of its obligations.
15. FORCE MAJEURE
The Company shall not be under any liability for any delay, loss or damage causedwholly or in part by Act of God, war, fire, accident, transport delays,governmental restriction, condition or control or by reason of any act done ornot done pursuant to a trade dispute whether such dispute involves theCompany’s employees or not or by reason of any other act, matter or thing beyond its control (including actsmatters or things which occur at or in relation to any suppliers of rawmaterials or services to the Company)
16. TOOLS AND DIES
All tools and dies used in the production of any Goods, whether paid for in whole or part by the Purchaser shall remain in the possession of the Company while the Contract remains in force.
17. PROCESSING DONE ON THE PURCHASER’SMATERIAL
a) All processing of or any work done on the Purchaser’s materials is entirely at thePurchaser’s risk and the Company accepts no liability for damage to suchmaterial howsoever arising and the Purchaser shall indemnify the Companyagainst all damages penalties costs and expenses to which the Company maybecome liable as a result of the use of such material.
b) Without prejudice to any other remedies which the Company may have the Company shall inrespect of all debts due and payable by the Purchaser to the Company have ageneral lien on all property of the Purchaser as it thinks fit and to apply anyproceeds of sale there of towards the payment of such debts.
18. PACKING MATERIALS
Packing materials, containers and pallets are returnable. Where such packing materials are charged as an extra, credit will be allowed if returned carriage paid andreceived in good condition.
19. SUSPENSION OF DELIVERY
The Company shall (in addition to its other rights under those conditions) have theright to suspend all further deliveries of the Goods upon the occurrence of any of the following events;
I. distress or execution being levied on anyproperty of the Purchaser;
II. an administrator or receiver being appointedof the whole or any part of the assets or undertaking of the Purchaser.
III. presentation of a petition or a resolutionbeing passed for the winding-up of the Purchaser (except for the purposes ofamalgamation or reconstruction).
20. LEGAL
The Contract shall be governed and interpreted exclusively according to the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
