Terms and Conditions of Sale
These are the terms and conditions on which we supply our products and service to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us:
We are Fabweld Metalworks. Our registered VAT number is 509 868 306.
We are Certified for Structural Steel to Exc.2 – BS EN 1090.
You can contact us by phone on 01304 380627 or by emailing us at firstname.lastname@example.org.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words “writing” or “written” in these terms, this includes emails.
What these terms and conditions cover:
This document sets out the terms and conditions on which we supply our products and services to you.
YOUR KEY RIGHTS
The Consumer Rights Act 2015 says goods that you purchase from us must be as described, fit for purpose, and of satisfactory quality.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that, if you place an order with us for Standard Products by email, by phone, or via our website, you can in most cases change your mind up to 14 days after receiving Standard Products and get a full refund. This cancellation right does not apply to any Non-Standard Products that you purchase from us. All of our products are bespoke and as such are classified as ‘Non-Standard Products’ and therefore you do not have this cancellation right.
The information summarises some of your key rights. It is not intended to replace the terms and conditions below, which you should read carefully.
Interpreting these Conditions
1.1 In these Conditions:
1.1.1 “Seller” “we”, “us”, and “our” refers to Fabweld Metalworks.
1.1.2 “Buyer” “you” and “your” refers to you as the purchaser of our products/service.
1.1.3 a “Working Day” means any day that is not any of the following: a Saturday, a Sunday, a public or bank holiday in England, or a day that falls during our period of closure for Christmas which usually falls between 20th December and 2nd January inclusive.
1.1.4 a “Condition” means a clause or subclause of these Consumer Conditions;
1.1.5 “Products” means the bespoke goods and/or services (or any part of them) that are supplied by the Seller to the Buyer as set our in the Order.
1.1.6 “Website” means our website at www.fabweldmetalworks.com; and
1.1.7 “Software” the design software available on the website, and which you may use to order Products;
1.1.8 “Order” the Buyer’s order for the Products, as set out in the Buyer’s order form or as detailed in the quotation form when accepted by the Buyer.
1.1.9 “Force Majeure Event” means an event beyond the reasonable control of the Seller including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.
1.2.1. These Conditions apply if you are purchasing Products from Fabweld Metalworks.
1.2.2. These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Products/Service, to the exclusion of all other terms and conditions, including the Buyer’s standard conditions of purchase or any other conditions which the buyer may purport to apply under any purchase order or confirmation of order or any other document.
1.2.3. These Conditions set out your and our respective legal rights and responsibilities and certain key information required by law. If you purchase Products or Services from us, you agree to be legally bound by these Conditions.
1.2.4. These Conditions may not be varied except by the written agreement of the Seller
1.2.5. These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
2. Ordering Products from us
2.1. All of our Products are bespoke. You must submit to us complete and accurate details of to the Products you require, including (but not limited to) any relevant drawings, plans, measurements and other specifications.
2.2. You are solely responsible for ensuring that the details provided are complete and accurate and for confirming that any revisions to the initial quotation are complete and accurate before you place the Order. We will not be responsible for any errors in the specification of any Products that you purchase from us and which are due to your having provided incomplete or inaccurate information to us or not having checked any revisions prior to accepting a quotation and proceeding with the Order.
2.3. You will be provided with a quotation for the Products based on the information you provide. This will be deemed as an Order upon confirmation from the Buyer to proceed with the Order either in writing, via the Website, or on the telephone. The quotation will specify the terms of payment required to secure the order.
2.4. Confirmation of the Order by the Buyer shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions. You acknowledge, understand, and accept that the payment for bespoke Products is non-refundable except where any such Products supplied by us are found to be defective.
2.5. We may need certain information from you so that we can supply certain Products for you. This will have been stated to you in the course of our exchanges with you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3. Price of Products
3.1. The price of any Product that you order will be the price stated in the quotation as accepted by the Buyer. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see Condition 3.8 for what happens if we discover an error in the price of any Product you order.
3.2. All quotations for work will be provided based on information given to the Seller by the Buyer.
3.3. Any variations to the work following the issue of the quotation on and prior to commencement of work shall result in a revised quotations being offered for acceptance.
3.4. For variations once work has commenced a price to cover the variation shall be agreed between The Seller and The Buyer and added to the final invoice.
3.5. In the event that requirements change due to insufficient or incorrect information having been provided, defects found in existing installations or variations to the installation site since the time of our site survey and placement of the Order then the Buyer will be liable for any additional expense incurred.
3.6 Quotations shall remain valid for acceptance by the customer for a period of 14 calendar days following the issue of the quotation and work is to commence within one calendar month from the date of the quotation otherwise a new quotation may be required.
3.7. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product(s) you order, we will adjust the rate of VAT that you pay, unless you have already paid for the Product(s) in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong
3.8. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of a Product at the date on which we enter into the contract with you is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at the date on which enter into the contract with you is higher than the price previously stated to you, we will contact you for your instructions before we accept your order.
3.9. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
3.10. Due to the volatile economic climate and weekly fluctuation in steel prices as well as supply chain issues caused in part due to COVID 19 and Brexit there are times when we may have difficulty in sourcing some materials. We reserve the right to cancel your Order if we are unable to source the material required or if the price changes significantly from that quoted. Such instances would be classed as “Force Majeur”. If we cancel your order for these reasons we will refund you for any items we are unable to provide.
4.1. Payment of the Price and VAT shall be due by the date given on the Seller’s invoice as per the terms outlined on the quotation.
4.2. Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3. The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
4.5. If your payment is not received by us and you have already received the products you have ordered, you must:
4.5.1. pay for those Products before the date specified on your invoice. No longer than 30 calendar days after receipt of the Products; or
4.5.2. If there are outstanding payments from you that are due to us and we have attempted to contact you at least two times since the relevant due date of such payments but, we may recharge to you our reasonable costs that we subsequently incur in collecting the outstanding payments from you (including any reasonable legal costs we incur or any reasonable costs that we incur in engaging a third-party debt collection agency to collect such outstanding sums).
4.6 All prices supplied are exclusive of VAT so please add VAT onto all prices quoted.
5. Nature of the Products
5.1. As all of our Products are bespoke, Products may vary slightly from their pictures/ drawings. The images of Products on our website and social media are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or any printed picture accurately reflects the colour of the products. Your Product may vary slightly from those images.
5.2. Any Products sold at discount prices or as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
5.3. We may make minor changes to Products in order to reflect changes in relevant laws or regulatory requirements, or to implement minor technical adjustments and developments
5.4. If we cannot supply certain Products, we may need to substitute them with alternative products of equal or better standard and value. In this case:
5.4.1. We will let you know if we intend to do this but this may not always be possible; and
5.4.2. You can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
5.5. Material for our Products is carefully selected from reputable suppliers only. The quality of the raw material is subject to the terms and conditions and regulatory requirements set by our suppliers.
5.6. Finishing of Products is also outsourced only to reputable suppliers and subject to relevant regulatory requirements, and their terms and conditions can be obtained on request.
5.6.1 The Seller offers no guarantee/warranty on metalwork finishes i.e galvanising, wet spraying or powder coating. The Seller will always offer our best advice on the most suitable finish but the decision is the customers responsibility, and once the job is delivered the Seller offer no guarantee to the longevity of the finish, or how soon it begins to whether / corrode as this can vary depending on location and maintenance.
5.7 All fixings supplied will be BZP, galvanised or stainless steel, therefore silver in appearance, regardless of the colour of the job itself. Nut covers can be used or fixings can be touched in with paint to match metalwork by the Buyer at their discretion and cost.
5.7.1 Finished metalwork may have the odd mark, scratch or imperfection, due to the nature of the industry it is impractical to avoid the odd mark and for metalwork to be perfect. There may be imperfections in the raw material of which we cannot avoid nor in some circumstances rectify. Touch up paint pens can be supplied for touching up any scratches at the request of the Buyer and for an additional fee.
5.8 The Buyer must ensure that all specifications and instructions are accurate and set out clearly in the order confirmation and that the product is fit for the purpose for which the Buyer intends to use them.
5.8.1 It is the Buyers responsibility to ensure the specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any applicable laws or regulations. The buyer shall have responsibility for insuring that it meets the requirements of all applicable las and regulations effecting both the Products and the onward sale of the Goods and shall indemnify the Seller in respect of any violation of the same.
5.8.2 Unless all specification is supplied to the Seller at point of order via clear fabrication drawing or detailed specification, the Seller shall make up any missing detail to the best of our ability and experience, for example material sizes, corner detail, weld locations etc. Any changes requested by the Buyer after the job has been started or subsequently finished, which were not initially specified will incur additional charges to the Buyer.
5.9 The seller reserves the right;
5.9.1 – to make any changes to the product/service which are required to conform with any applicable safety or statutory requirements,
5.9.2 – to make without notice any minor modifications in its specification to the extent that it deems necessary or desirable.
5.10 The Seller makes every effort to ensure the accuracy of its advice, recommendations and representations but it cannot accept any liability for any loss or damage that arises out of the information supplied.
6.1. Delivery of the Products will take place when we deliver them to the address that you gave to us, or you collect them from our workshop.
6.2. The costs of delivery will be as communicated to you in the quotation prior to the point at which we accept your order.
6.3. We will deliver the Products that are the subject of an accepted order to you as soon as reasonably possible or at a pre-arranged date.
6.4. Delivery dates are given as guidance only and are not guaranteed.
6.5. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.6. We will contact you to confirm a delivery date once your items have been processed.
6.7. Unless otherwise stated, delivery is a single driver delivery on a 3.5tonne flatbed truck. It is the Buyers responsibility to notify us of any access issues that may prevent delivery to the delivery address. If we are unable to access the delivery address the Buyer will be liable for the cost to collect the Product from the workshop, or to re-schedule delivery.
6.8. If no one is available at your address to take delivery of the Products on the agreed delivery date we will either leave your order at the property (if it is small/light enough for our driver to unload independently) or return it to the yard and contact you to collect or re-schedule delivery at an additional cost to you. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract.
6.9. Once our driver has checked and unchained the load, it becomes the responsibility of the Buyer to ensure that the delivery is made in a safe manner. The driver is not allowed to operate any lifting equipment and will only assist if, in his/her opinion, the delivery can be made safely and without risk. Our drivers have the full support of the company to abandon any delivery that they feel is unsafe.
6.10. We may deliver your ordered Products in instalments.
6.11. You will own a Product that you have purchased from us once we have received payment for it in full.
7. Acceptance of the Goods
7.1. The Buyer shall be deemed to have accepted the Products 2 days after delivery to the Buyer.
7.2. The Buyer shall carry out a thorough inspection of the Products within 2 days and give notice in writing to the seller after discovering that some or all of the goods are faulty. The Buyer must send photographic evidence of any faults in Products to the Seller. At which point the Seller will assess the fault and, at its option, repair or replace any Products that are defective on-site, collect the item for repair in our workshop, or refund the price of such defective Products.
7.3. Where the Buyer has accepted, or has been deemed to have accepted, the Products the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8. Title and risk
8.1. Risk shall pass on delivery of the Goods to the Buyer’s address, or upon collection if arranged.
8.2. Notwithstanding the earlier passing of risk, title in the Products shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
8.3. Until title passes the Buyer shall hold the Products as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
8.4. The Seller may at any time before title passes and without any liability to the Buyer:
8.4.1. repossess and dismantle and use or sell all or any of the Products and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
8.4.2. for that purpose (or determining what if any Products are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
8.4.3. The Seller may maintain an action for the price of any Products notwithstanding that title in them has not passed to the Buyer.
9. Faulty Products
9.1. Nothing in these Consumer Conditions affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. For more detailed information on your rights and what you should expect from us, please:
9.1.1. Contact us using the contact details above.
9.1.2. Visit the Citizens Advice website http://www.citizensadvice.org.uk or call 03454 04 05 06.
9.2. If the Buyer believes that the Seller has delivered Goods/and or Service that are defective in materials or workmanship by the Seller, it must;
9.2.1. Inform the Seller (in writing) as soon as possible, and;
9.2.2. Allow the Seller to investigate (including access to the Buyers’ premises and to the Product).
9.3 If the Buyer establishes to the Seller with reasonable satisfaction that there is a fault with the Product, then the Seller shall, at the Seller’s sole discretion and within reasonable time;
9.3.1.Repair or make good such defect or replace where appropriate but the Buyer will bear all costs of removal and reinstatement.
9.3.2. Refund the amount of the price as relates to the goods/service which are defective, excluding finishes as set out in Clause 5.6.1.
9.4 The Seller shall not be liable for any defects which may arise because the Buyer failed to properly store, install, commission, use or maintain the product in accordance with any good trade practice.
10. Your rights to cancel or end the contract
10.1. All of our products are bespoke and as such you do not have the right to cancel your contract with us if you change your mind. However, if you contact us before production of your product has commenced we may be able to cancel your order and offer a full refund.
10.2. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed (i.e. before delivery of the Products to you), but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, please inform us. The contract will end immediately and we will refund any sums paid by you for Products not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. If production has already been started this may be the majority of the sum total of your order.
10.3. To cancel an order you must inform us of your decision to cancel the contract by a clear statement (e.g. an email) as soon as possible.
10.4. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.
10.5. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
10.6. None of these terms affect your statutory rights as per the Consumer Rights Act 2015 and if your products are not fit for purpose, not as described or are faulty please contact us as per section 9.
11. Our rights to end the contract
11.1. If you do not make any payment to us when it is due and you still do not make payment within thirty (30) calendar days of us reminding you that payment is due this contract shall end automatically (but also note Condition 11.6).
11.2. We may end the contract in respect of a Product you have ordered from us at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
11.3. The Seller shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
11.4. If the Force Majeure Event prevents the Seller from providing any of the Products for more than 5 weeks, the Seller shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.
11.5. If we end the contract in the situations set out in Conditions 11.1 -11.4, we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.6. If our contract with you is ended, it will not affect our right to receive any money which you owe to us under the contract.
12.1 The company warrants that the Goods/Service supplied shall be executed with reasonable care and skill but cannot be liable for any discrepancies as detailed in clause 5.
12.2. Without prejudice, due to the bespoke nature of our products The Company offer no warranty and due to the proposed idea and design of item supplied by the Buyer, we cannot offer any fixed warranty of any items or suitability of any fitness for purpose.
12.3 We pride ourselves on our good quality of workmanship therefore any issues which may arise with the fabrication itself of a product please contact us on the details above in writing as soon as possible.
13. Your privacy and personal information
14. Limitation of Liability:
14.1. Nothing in these Conditions shall limit or exclude the Seller’s liability for:
14.1.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
14.1.2. Fraud or fraudulent misrepresentation;
14.1.3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.1.4. Defective products under the Consumer Protection Act 1987.
14.2. Subject to clause 14.1:
14.2.1. the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
14.2.2. the Seller’s total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £2.5 million.
14.2.3. This clause 14 shall survive termination of the Contract.
15.1. We will try to resolve any disputes with you quickly and efficiently.
15.2. If you are unhappy with Products you have ordered from us, our service to you, or any other matter, please contact as soon as possible. 15.3. If you and we cannot resolve a dispute using our internal complaint handling procedure:
15.3.1. We will let you know that we cannot settle the dispute with you; and
15.3.2. You may also seek advice from https://www.citizensadvice.org.uk/
16.1. Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.2. If a court finds part of the contract illegal, the rest will continue in force. Each of these Consumer Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Consumer Conditions will remain in full force and effect.
16.3. Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
16.4. These Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live outside of England and Wales, you may, subject to local laws, bring legal proceedings in respect of the products in either the English courts or the courts of the jurisdiction in which you reside.
16.5. Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax, or e-mail.
16.6. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.7. Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.8. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
16.9. Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
16.10. This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral.
16.11. Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Seller.
16.12. Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
16.13. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).