Terms & Conditions
TERMS of BUSINESS
1. SALE
Metal Frame Tech Limited “the Seller”, sell our goods or services to “the Buyer’’ or “customer’’: the person or firm who purchases the frame(s) from Metal Frame Tech on the terms set out below. No other terms shall apply between us. These terms do not represent an agreement until we are in receipt of a signed and/or emailed order confirmation. No work will be undertaken, or order made on verbal instruction. Confirmation by email or hard copy is essential with receipt of 20% deposit as per our Payment Terms (below), before we can progress your order from design stage. Our delivery time for structures is subject to the conditions laid out under Delivery Service (below).
2. PAYMENT TERMS
20% deposit (non-refundable) at time of the quotation acceptance and order and an additional 30% (non-refundable) deposit to progress through the design stages between both seller and buyer and to the point of factory production. Prior to our product leaving the factory, you will be notified to pay the final 50% (non-refundable) to enable delivery to site. Payment can be made by BACS, account details for payment can be found on our quotation/order forms and/or invoice. Prices are subject to alteration without prior notice. Orders are accepted at the prices applying at the time of order.
All quotations are given, and all orders are accepted on these terms and override or exclude any other terms stipulated or incorporated or referred to by the Buyer whether in accepting or purporting to accept any such quotations or in making or purporting to make any written order or in any negotiations and any course of dealings established by Metal Frame Tech Limited and the Buyer.
3. ORDER CONFIRMATION
Please check your quote and/or invoice carefully and contact us immediately by email or phone if there are any corrections required. The information on our documentation is what is provided to the factory for cost acceptance. When you are satisfied that everything is correct, please sign the Order Confirmation Form or an acceptance by email is also permitted.
4. DELIVERY SERVICE
We Deliver throughout the United Kingdom. All delivery charges are subject to change without prior notice. When goods are in stock you can also collect from our warehouse by prior arrangement.
We will not be liable for any claims arising as a result of delayed deliveries due to strikes, material shortages, weather conditions, damages, pandemics, or any circumstances beyond our control.
Where part deliveries are required, an additional delivery charge will apply for each additional delivery. Additional delivery charges are to be paid in advance prior to delivery being made. Customers with small orders are expected to arrange for assistance once the delivery has been offloaded. Customers with larger orders are expected to arrange for an appropriate handling option whether mechanical or manual to help to offload the delivery. A delivery driver is not expected to assist in any offloading or transporting of products. It is entirely at the driver’s discretion to assist in offloading a delivery and takes no responsibility for any damage caused.
The Seller shall not be liable for any delay in performing or failure to perform any of its obligations in relation to the Goods arising from circumstances beyond its control.
Non-exhaustive illustrations of such circumstances would be Act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strike, lockout, Government action, pandemic regulations, delay by suppliers, accidents and shortages of materials, labour, or manufacturing facilities.
If such delay or failure persists for more than 3 months, then either party shall be entitled to terminate the agreement, but the Buyer shall remain liable to pay for Goods delivered prior to the date of such cancellation.
5. ADVISING OF SHORTAGES / DAMAGE & FAULTY GOODS
Please check the goods supplied and notify us of any faults within two working days of receipt. This must be done before installation/erection. We cannot accept any complaints after the goods have been fitted. In the event of the goods requiring replacement, the liability of Metal Frame Tech Limited will not exceed the replacement value of the faulty goods. The Seller will not be responsible for any incidental work or expenses arising out of or because of any defect in our product, or bad workmanship applied to our products. We reserve the right to repair or replace the said product.
6. REFUND POLICY
Our steel is manufactured to order and therefore non-returnable and no credit can be given. A two-stage deposit structure totaling 50% of the total value is required, equaling 20% at the point of quotation acceptance and order and 30% at point of manufacture of approved frame design. The deposits are non-refundable and, if the order is cancelled, will be retained to contribute towards covering ours and our factory costs. Orders cannot be amended once they have been placed with the factory.
7. STORAGE POLICY
Metal Frame Tech Limited is not expected to facilitate the storage of steel frame within our warehouse/premises. Should the Buyer need such a service, then ability to do so will be at the discretion of Metal Frame Tech Limited and an appropriate market rate cost will be involved and need to be accepted and duration of time agreed upon prior to storage being made available.
8. PRIVACY POLICY
The Seller will not share any information with third parties in relation to marketing. Contact information will never be shared withoutconsent. The Seller may share some information with our partners to assist with delivery of products, such as customers address atthe time of delivery.
9. WARRANTY
The steel frame is protected by the factory of manufacture for a two-year warranty period from erection of the structure (60 days from delivery date).
The Terms of Warranty are granted if the following are followed and proven to have been followed: general instructions (found on packing list), assembling instructions (found on the assembly plan), general specifications and technical documentation, term for erection of the structure (60 days from delivery date) and term for the covering of the steel with approved construction covering materials. Galvanisation defects caused by faults in the raw materials used to produce the profiles and assembling screws, not following sectional dimensions or thickness of profile, not following the dimensions in the technical documentation.
The Warranty is cancelled if the following are not respected:
· General Instructions - found on the packing list
· Assembling Instructions – found on the assembling plan
· General Specifications
· Technical Documentation
· Term for Erecting the Structure
· Term for Installation of Cover Materials
· Program for Quality Execution
The Warranty is cancelled if the following are missing:
· Report of the erection works that becomes hidden after final assembly of the structure
· Final Reception Report
The Warranty is lost if:
· The construction is changed/altered so that it does not correspond to the scope for which it was designed
· The structure covering materials are changed/altered so that it is no longer protected in the same conditions as designed
· The declaration of performance, warranty certificate and invoice are missing.
· The structure suffers mechanical or natural actions above the level it was designed to resist.
· Corrosive substances are used on the structure that might accelerate the degradation of the glavanisation layer or the layer designed to protect the structure are not applied or they are removed.
· Cuts or Modifications (add or remove) are done without prior consultation and acceptance of the structure’s designer.
10. SITE STORAGE
Store the steel frame in an erected position either internally or externally. If stored externally it is recommended to cover the steel with a tarpaulin or similar for security as opposed to weather precaution, although not essential.
11. QUALITY CONTROL
The goods or materials supplied are on the basis that they conform to the written descriptions contained on the order or confirmation where supplied. No warranty can be given that the goods or materials supplied conform to the sketch plans or drawings provided to The Seller by The Buyer
In the event that the Seller provides estimates of quantities or measurements on the basis of drawings and/or Bills of Quantities and/or specifications submitted by The Buyer, The Seller shall exercise reasonable care in providing such, but The Seller accepts no liability for inaccuracies in the estimates or calculations.
Any goods manufactured to the design or specification of The Buyer, or its experts or detail taken off plans supplied by The Buyer are produced without warranty of any kind except their compliance with the design or specification.
The Buyer will unconditionally fully and effectively indemnify The Seller in respect of any claim, cost or expenses, losses or demands resulting there from including the infringements of patent, copyright, design, trademark or any industrial or intellectual property rights resulting from The Seller’s use of the said design or specifications.
Confirmed orders are based on the plans and specifications supplied by The Buyer where applicable. The Buyer shall check the specification and quantities quoted and shall be deemed to have accepted the specification and quantity specified when placing the order. The Seller will not accept responsibility for incorrect specification and quantity supplied by The Buyer.
12. ENFORCEABILITY
Should any provisions of these terms and conditions be held by a competent authority to be invalid or unenforceable in whole or in part then the validity of the remaining provisions shall not thereby be affected.
13. ARBITRATION
The Seller or The Buyer may give written notice to the other of any question, dispute, or difference, which may arise between them in relation to, or in connection with the contract, and they shall have the right to arrange a meeting between each other to discuss such matters. In the event that such a meeting is not arranged the same shall be referred to the arbitration of a person mutually agreed upon or failing agreement within one calendar month of some person appointed by the President of The Institute of Arbitrators. The submission shall be deemed to be a submission within the meaning of the Arbitration Act 1950 or any other statutory modification or re-enactment thereof.
14. JURISDICTION
This contract shall in all respects be construed and operate as an English contract in conformity with English Law and The Seller and The Buyer agree to submit to the jurisdiction of the English Courts.