Terms & Conditions

(a) "The Company" means Coated Steel Products Ltd or any subsidiary company, sub-contractor or agent, whosoever authorised by them, with or without the consent of the Purchaser.

(b) "The Purchaser" means the person or persons, firm or company purchasing from or doing business with the Company and where the context so admits includes any Contractor employed by the Purchaser.

(c) "The Goods" means all products supplied by the Company to the Purchaser whether by means of sale, hire, rental or otherwise and whether the property of the Company or distributed by the Company as agent or other.

(a) The Conditions of Sale should be read in conjunction with any special conditions included in the Company’s quotations, which said special conditions shall take precedence in the event of any conflict between them and these conditions.

(b) The Company reserves the right to accept or refuse any order given on the basis of its quotation and in the event of refusal of any order, no damages or expenses of any kind shall be payable by the Company.

(c) These conditions shall apply to the exclusion of all or any conditions stipulated in the Purchaser’s order, except insofar as the Company may in writing agree to vary any of these conditions.

(d) In the event of any dispute as to the interpretation of these Conditions arising between the Company and the Purchaser then such dispute shall be settled by a competent person appointed by the President for the time being of the Manchester Chamber of Commerce who shall act as an expert and not as an arbitrator and whose decision shall be binding on both parties.

(a) The Purchaser and/or its agent shall indemnify the Company against all injury to the Company’s workmen if such injury shall be caused by the Purchaser or its workmen and/or agents including sub-contractors other than the Company, whilst such persons are employed on site.

(b) The Purchaser and/or its agents will indemnify the Company against damage to materials on site whilst such materials are in the custody of the Purchaser and/or its agents or other sub-contractors.

(c) The Purchaser having the benefit of the Warranty hereinafter contained and/or its agents will indemnify further the Company against all claims whatsoever which may be made against the Company in respect of any defects in the materials or workmanship specified in its tender.

(d) Each party shall insure against the above risks and shall be entitled to examine such insurance documents as are necessary and the receipts for premiums paid. In the event of either party not being insured against the above risks the other party may insure and charge the costs of such insurance against the Contract.

(a) The Goods have been produced by the Company to the specifications of the Purchaser.

(b) TIME — any time stated by the Company for delivery, despatch or completion by any means whatsoever are not to be deemed the essence of any contract but as an estimate only. The Company shall use its best endeavours to deliver the Goods by the date mentioned in the quotation but the Company shall not be responsible for delay in delivery owing to matters outside the Company’s control including strikes, lockouts, failure of the Company’s suppliers or any other cause whatsoever on which the Company depends for supplies of the Goods and/or labour. Every effort will be made to carry out any contract based on this quotation but the due performance of any such contract is subject to variation or cancellation owing to an Act of God, War, Fire, Flood, Drought or any other cause beyond the Company’s control or owing to inability to procure materials or articles or services except at enhanced prices due to any of the foregoing causes.

(c) DELAY IN TAKING DELIVERY — In the event of a Purchaser and/or its agent being unable to accept delivery of the Goods on completion of manufacture, the Company reserves the right to invoice such Goods and such invoice will be dealt with by the Purchaser in accordance with the Conditions / Terms of Payment.

(d) UNLOADING — The Purchaser and/or its agent shall be responsible for the unloading and dry, safe storage of materials delivered to site. For the purposes of this Clause any employees of the Company or its carriers shall be deemed to be working under the direction and the responsibility of the Purchaser and/or its agents, and the Purchaser and/or agent shall indemnify the Company against all claims arising from any act or omission of any such persons during the course of delivery and/or unloading at the Purchaser’s and/or agent’s premises.

(e) RECEIPT OF GOODS — The Purchaser shall be deemed to have examined all Goods delivered by the Company on the date upon which the Goods were delivered and the Purchaser, Servant or Agent shall sign a receipt for the Goods upon delivery which shall be deemed to be conclusive evidence of such examination.

DAMAGE IN TRANSIT — The Purchaser shall notify the Company and the Carriers of the Goods that any damage occasioned to the Goods during transit within 1 working day of the date of delivery. Such notification must be in writing and time shall be of the essence of such notification.

FAILURE TO NOTIFY — The Company shall not be liable in any way whatsoever for damage howsoever arising to the Goods during transit unless such notification in writing has been given within the time aforesaid, and the Purchaser shall not be entitled to any relief against the Company nor any compensation in respect of such damage, neither will the Purchaser be entitled to reject the Goods.

GOODS NOT TO SPECIFICATION — If any of the Goods supplied by the Company to the Purchaser do not comply with the specification given to the Company by the Purchaser, the Purchaser shall notify the Company of all such discrepancies within 1 working day of the date of delivery. Such notification must be in writing and time shall be of the essence. Upon giving such notification the Purchaser will: (a) immediately store and keep safe the Goods and make them available for collection by the Company; (b) ensure the Goods are returned to the Company unused and undamaged. Upon receipt of such notification the Company will: (a) replace the Goods free of charge as soon as reasonably practicable; (b) collect the Goods from the Purchaser as soon as possible. SAVE THAT the Company reserves the right to refuse to accept back and replace Goods which in the sole opinion of the Company have been used or damaged whilst in the possession of the Purchaser.

The ownership of the Goods supplied will only be transferred to the Purchaser upon full payment of the purchase price. Until full payment is received, the Purchaser is deemed to be merely a bailee of the Goods and shall not lend, sell or otherwise dispose of or part with possession of the Goods in any way whatsoever, nor create any lien, charge or encumbrance over the Goods without the express prior written consent of the Company. In the event of the Purchaser committing any act of bankruptcy, or in the case of a company in the event of a receiver being appointed or a petition for winding up being presented, or upon the Purchaser compounding in any way with its creditors, the Purchaser shall — without prejudice to any claim the Company may have for works carried out — forthwith deliver up the Goods to the Company; and it shall be lawful for the Company to enter upon any premises of the Purchaser wherein the Goods are stored or installed in order to dismantle, collect and remove the Goods. Until full payment has been received the Purchaser shall keep the Goods separate and apart from any other Goods, maintain them in first-class condition and insure them for their full retail value against all risks.

(a) The Purchaser shall pay for the Goods upon delivery unless the date for payment is stated on the Company’s invoice, when such date shall be the due date as to which time shall be of the essence.

(b) The customer may deduct from his payment under the Contract any discount appearing on the invoice provided only that payments are made on or before the date due for payment and that there are no other sums due and owing to the Company.

(c) If payment is not made within 60 days the Company shall be entitled to interest of 4% per annum above the base rate.

(d) The Purchaser shall not be entitled to make any contra-charges or retentions without the prior written consent of the Company.

(e) Notwithstanding any provisions to the contrary, the Company is entitled to request payment at any time when all Goods are sold subject to this provision.

(f) The Company shall be entitled to recover as a debt from the Customer all costs, charges and expenses on a full indemnity basis incurred by the Company in employing a Solicitor or otherwise enforcing or collecting payment of any overdue account.

(a) The Company shall be entitled by written prior notice to the Purchaser to terminate any contract concluded between the Company and the Purchaser should the Company be prevented by any cause beyond its control from performing the same, including a cause which renders performance commercially difficult or expensive.

(b) The Goods are manufactured to fulfil the Purchaser’s particular requirements. In the event of the Purchaser not fulfilling his obligations hereunder, should the Company not be able to resell the Goods or any part thereof at better than scrap value, then for the purpose of calculating the Company’s damages the Company shall owe no duty to resell the same at better than scrap value.

(c) In the event of the Purchaser wishing to terminate the contract and the Company being prepared to accept such cancellation, the Purchaser shall pay to the Company a sum equal to the total value of the work already carried out on the order by the Company, calculated by reference to an appropriate percentage of the selling value of the Goods, plus any additional expenses involved in the removal or disposal of the Goods. This condition is without prejudice to the rights of the Company to refuse cancellation in the event of there being a binding contract in existence. In the event of such termination, the deposit paid by the Purchaser will not be refundable.

In consideration of the warranty hereinafter contained on the part of the Company, the Purchaser hereby agrees for himself, his servants and agents that no claim for consequential loss howsoever arising shall be made against the Company.

Where delivery of Goods or services is effected by the Company by more than one consignment (whether at the request of the Purchaser or not), then each such consignment shall be deemed to be a separate contract and the Purchaser shall pay in full the amount payable under the invoice raised for each consignment, notwithstanding any rights which the Purchaser may claim to have against the Company in respect of any other consignment or under any other contract between the Company and the Purchaser.

(i) If any or part of the manufactured Goods supplied by the Company and specified in the Tender should prove to be defective, and such materials or workmanship are found upon inspection by the Company’s authorised representative to be defective, then in every such case — but subject to the provisions hereinafter contained — the Company will furnish new Goods and deliver the same to the Purchaser’s site free of charge, provided that all replaced parts become the property of the Company. The Company shall not be responsible for any expenses of installation or labour which may be involved. This Warranty shall not extend to any defects which, in the opinion of the Company’s authorised representative, are attributable to negligence, wear and tear, accident, misuse or interference by any party authorised by the Purchaser and/or agent to carry out repairs, replacement or maintenance of the Company’s products without prior consent in writing by the Company; this Warranty shall cease as from the date of commencement of such work and the Company shall be relieved of all liability whatsoever.

(ii) The Company makes no warranty or representation as to the fitness of the Goods for any particular purpose, and anything stated by the Company or its employees or agents in connection with the proposed use of the Goods shall not be relied on by the Purchaser as a representation leading to or inducing the sale.

(iii) In the purchase of the Goods the Purchaser does not rely upon the skill or judgement of the Company or of its employees or agents as to any matters connected with the Goods.