TERMS & CONDITIONS.
1.1 In these Terms and Conditions:
“We/Us” means Steel 4 Structures Ltd
“Conditions” means these Terms and Conditions for the supply of goods and services.
“Contract” means a legally binding contract between Steel 4 Structures Ltd and you for the supply of goods and/or services.
“Goods” means the products, materials to be supplied by Steel 4 Structures Ltd under the contract.
“Services” means the services to be supplied by Steel 4 Structures Ltd under the contract
1.2 The clause headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
2 Applicability of Conditions
2.1 We accept orders for the supply of Goods or Services subject only to these Conditions.
2.2 No variation or qualification of these Conditions or of any quotation or order arising there from shall be valid unless agreed in writing between the parties.
2.3 Construction design not included unless otherwise stated. Connection design only.
3 Quotations & Acceptance
3.1 Any order placed by you must be accompanied by sufficient information to enable us to proceed forthwith, otherwise we shall be at liberty to amend the prices quoted to cover any increase in cost which has taken place after acceptance of the order.
3.2 No order submitted by you shall be deemed to be accepted by us unless and until confirmed in Writing by us.
3.3 We reserve the right to request a deposit at any time at the placement of the order to secure the order and to cover the purchase of any goods and/or materials.
4.1 All prices are quoted exclusive of any applicable Value Added Tax (‘VAT’), which you shall be additionally liable to pay to us.
4.2 VAT and any appropriate duty, tax or surcharge (jointly and severally ‘Taxes’) will be added to all invoices at the rate applicable on the tax point date which date shall be the date of the invoice.
5.1 Goods are delivered to you when we make them available to you or any of your agents (including any carrier) either at our premises or any other delivery point agreed by us.
5.2 All goods must be checked at the same time of delivery. Any missing items or defects in the goods or products must be notified to us immediately, otherwise no replacement and/or refund will be applicable.
5.3 Where the Goods are delivered by instalments each instalment shall be deemed to be the subject of a separate contract and no default or failure by us in respect of any one or more instalments shall vitiate the contract in respect of the Goods previously delivered or undelivered Goods.
6.1 Notice of any claim relating to shortage of or damage to the Goods shall be made to us in writing within 3 days of receipt of the Goods. In the event of non-delivery of the Goods you shall notify us in writing within 7 days of receiving the advice note.
6.2 We will consider claims only if the above conditions are met and the claim is signed by you and accompanied by full particulars giving the invoice and our order number and, the copy of the delivery note in respect of the Goods which, in the case of shortage or damage to the Goods must bear an appropriately qualified signature.
6.3 Our liability in respect of any shortage loss or damage to the Goods shall be limited to the proportion of the price attributable to the Goods undelivered lost or damaged.
6.4 Steel 4 Structures Limited accept no claim for costs as a result of delay due to the COVID-19/Coronavirus pandemic.
6.5 No damage for delay. If the dates of delivery are getting adversely impacted by circumstances related to the coronavirus COVID-19, the delivery dates shall be extended on a pro-rata basis for the time during which the performance was impacted directly or indirectly. For avoidance of doubt, there shall be no cost-deduction or liquidated damages paid in such event.
6.6 OTHER STOPPAGES / delays. No claim will be admitted for stoppages through causes outside our control, including but not limited to bad weather and / or ground conditions. Lifting cranes can only be used within the safe working limits, including but not limited to wind speed / wind gusts as per the crane manufacturers specification. Where steel erection is based on a continuous programme, a continuous acceptable wind / weather forecast is required to commence works.
7.1 Payment in full for the goods and services should be made in line with the agreed payment terms.
7.2 Failure to pay any amounts when due will incur interest on the overdue amount at a rate of three (3) per cent above the base lending rate of Lloyds TSB Bank plc or such other financial institution as we may choose from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with the overdue amount.
7.3 Failure to pay any amounts due and owing may result in further orders and supplies being delayed or withheld and any credit facility being suspended or withdrawn until payment is made in full. Any credit facility advanced to you is done so at our sole discretion and may be withdrawn at any time.
7.4 If any payment falls into arrears, we shall have the right to cancel or postpone performance of the Contract wholly or in part and to be paid immediately for performance of the Contract to date.
7.5 Notwithstanding any other provision of these Conditions, all sums outstanding under the Contract will become due immediately on termination of the Contract.
7.6 If the buyer fails to make payment in full on the due date, the seller shall be entitled to charge the buyer on any unpaid amounts all debt recovery costs incurred by the seller.
7.7 Variations must be confirmed in writing regarding details and cost, prior to S4S commencing work.
8 Risk and Title
8.1 The risk in the goods and materials shall pass upon delivery, however, notwithstanding the delivery, the title and property of the goods and materials, including full legal and beneficial ownership shall not pass to you until payment in cash or cleared funds has been received by us in full for the goods and materials ordered. Payment in full includes any interest or administration charges incurred for late payment or other amounts due under these terms of business.
8.2 We shall not be liable for delay or failure to perform any of our obligations under the Terms and Conditions to the extent and for the duration that such a delay or failure is caused by circumstances beyond our reasonable control. Any postage and/or external carriage and the sourcing of material shall always be deemed to be outside our control. Any items posted or shipped to you by a third party, will be at your own risk at all times. We do not accept any responsibility for loss damage or non-delivery.
9.1 If at any time you cancel an order that has been placed with us, you will be liable for all costs and expenses incurred by us, including but not limited to, all goods and/or materials ordered, time spent, administration charges and any other expenses incurred. All such amounts to be determined by us are payable immediately upon demand.
10 Force Majeure
10.1 In the event of us being delayed in or prevented from performing our obligations under the Contract owing to any act, event, non-occurrence, omission or accident beyond our reasonable control including without limitation war, riot, civil commotion, terrorism, strikes, lockouts, trade disputes, difficulty in obtaining workmen or materials, breakdown of equipment, or any other cause, we will not be liable for any loss damage or expenses incurred and shall be at liberty to cancel or suspend the contract without incurring any liability arising therefrom, and you shall not be entitled to terminate the contract.
11 Governing Law and Jurisdiction
11.1 The Contract shall be governed by and interpreted in accordance with English Laws and are subject to the exclusive jurisdiction of the English Courts.