Terms & Condition
M&M Metal Works Ltd
Terms & Conditions
DEFINITIONS
In these Terms & Conditions, the following expressions shall have the following meanings:
“Company” means M&M Metal Works Limited registered in England and Wales with company number 5998904 whose registered office at 643 North Circular Road, London, NW2 7AY, VAT registration number 898836536.
“Contract” means the agreement between the Company and the Customer which shall comprise these Terms & Conditions, any quotation or tender provided by the Company and the Customer’s written order.
“Customer” means the person, firm, partnership, or company to whom the Company is supplying the materials/ services.
“ Services” means services-installation to be provided to the customer in accordance with the Contract.
Materials means the goods to be supplied under the Contract.
Site means the address specified by the customer to which delivery/installation of the materials shall be made by the Company.
Works mean all the Materials to be supplied and the work and labour to be done by the Company under the contract.
2. GENERAL
2.1 The Company shall only accept orders from Customers which are subject to these Terms & Conditions. These Terms & Conditions shall apply to the Contract to the exclusion of all other terms and conditions. Where a Customer’s order contains the Customer’s own terms and conditions, the Customer’s own terms and conditions shall not apply and these Terms & Conditions shall prevail, unless otherwise agreed in writing. No servant or agent of the Company, other than a director of the Company, has authority to bind the Company to any departure from these Terms & Conditions.
2.2 No variation to the Contract shall be effective unless agreed in writing between the parties.
3. QUOTATIONS AND ORDERS
3.1 An itemised quotation sets out the style, finish, sizes, product prices, installation/delivery cost and lead times of the products based on the customer requirements. The Company’s quotation is based upon an analysis of advice, information, drawings and specifications (as the case may be) supplied by the Customer regarding the Customer requirements for products specified in the quotation. The Company shall not be responsible for any discrepancies, errors or omissions in its analysis nor in any drawings, data, specifications or information prepared by it utilising or incorporating all or any plans, data and information supplied by the Customer.The Customer shall pay the extra cost reasonably incurred by the Company due to alterations to the Works necessitated by (a) reason of inaccurate drawings or information in whatever form so supplied to the Company and (b) any delay in commencing or interruption in the programme for the Works drawn up by the Company due to the non-performance by the Customer of all or any of the obligations to be performed by him ; such extra costs shall either be added to the Contract Price or may be the subject of a separate payment at the discretion of the Company.
3.2 Any accepted quotation is entitled to receive only one free site inspection.
3.3 Quotations and tenders provided by the Company are valid for acceptance for a period of 28 days from the date on which they are made, unless otherwise stated in the quotation or tender. All quotations and tenders are subject to these Terms & Conditions.Variation, waiver or supplement to the Conditions shall be binding on the Company unless expressly accepted by the Company in writing.
3.4 Customers shall place orders for materials/ installation in writing and provide sufficient information within the order to enable the Company to proceed forthwith with fulfilling the order within specific time period.
4. DOCUMENTS
All illustrations, preliminary drawings, specifications and particulars of weights and measures prepared or provided by the Company are approximate only and are for illustrative purposes only and do not form part of the Contract or have any contractual force and shall remain the Company’s property and may not be copied or reproduced without the Company’s permission.
5. PRICE
5.1 The Contract Price is based on the cost of materials, labour and other rates and prices ruling at the date of the Company’s quotation. If, by reason of any rise or fall in the rates of wages, salaries or other payments (including allowances) payable to labour or in the cost of material or transport or of conforming to such laws, orders, regulations and by-laws (including the imposition of any new such matter) as are applicable to the Works above or below such rates and costs ruling at the date of the Company’s quotation, the cost to the Company of performing its obligations under the Contract shall be increased or reduced, the amount of such increase or reduction shall be added to or deducted from the Contract Price as the case may be.
5.2 Unless expressly agreed by the Company, the price for the materials/ installation is exclusive of tax . The Customer shall pay any tax chargeable on the services.
5.3 The Company reserves the right to charge extra for delivery.
6. PAYMENT
6.1 Bank transfer by HSBC along with most major debit and credit cards are accepted except for American Express. The card details are taken over the phone but cross shred instantly as soon as the payment authorised.
6.2 The Company shall issue an invoice or invoices to the Customer for the price of the materials/installation.
6.3 Unless otherwise agreed, payment terms are strictly x % 50 deposit to enable commencement, 25% upon delivery the Materials to the site and the remaining balance payable on completion. Amounts and times of payments are set out in the quotation.
6.4 Payment shall be made by the Customer, without set-off or deduction, payment due immediately upon delivery of invoice.
6.5 The Company shall be entitled to recover from the Customer any costs (including, without limitation, legal costs and expenses, the Company’s administrative costs and Court fees) which the Company reasonably incurs in pursuing any payment which is not made on time and in accordance with the terms of this clause6.
6.6 The Company reserves the right to suspend deliveries and/or supply of the materials/installation , whether such materials/installation are provided pursuant to the Contract or any other contract between the parties, if the Customer fails to pay any sum due to the Company in accordance with this clause 6. Such suspension shall be without prejudice to the right of the Company to charge pro rata for any materials/installation delivered or supplied up to the date of suspension.
6.7 The Company shall have a general lien over any property of the Customer which is in the Company’s possession in respect of any sums due under this clause 6.
7 Order Confirmation
7.1 Before starting manufacturing the products, the customers must confirm the order details as the company cannot rectify any mistakes or refund monies in any amount after manufacturing; the final measurement will take place a week before installation.
7.2 The order may cancel within 24 hours and the customer will receive the full refund.
7.3 This policy excludes all wrought iron style gates, railings, posts and handrails. These items are bespoke, made to order items and as such are exempt from the order cancellation and refund policy.
8.Suspension and Cancellation
8.1 In the event of suspension or cancellation of the Contract by the Customer for any reason whatsoever (otherwise than in consequence of some default on the part of the Company) the Company reserves the right to make a charge which shall be paid within 28 days of the notification of the charge by the Company to the Customer .
The charge may include:
(a) A sum representing the difference between the Contract Price and the cost of the Materials to the Company.
(b) Where the Materials have been specially prepared or manufactured for the Customer and are not readily re-saleable, the cost of the Materials to the Company and in cases where manufacture has not yet commenced, a charge in respect of any preliminary and terminal costs including preparation of drawings, site inspections, site plans and specifications.
(c) In the case of contracts which include installation a sum calculated on the value of the labour content of any works already carried out.
(d) All other costs, charges and expenses which the Company has or will become liable to pay to any person, firm or company in consequence of or arising out of the suspension or cancellation of the Contract.
8.2 Upon the resumption of the Contract after suspension, the Company shall be allowed such extensions of time for the performance of its obligations as is fair and reasonable having regard to the period of suspension and the Contract Price shall be adjusted in accordance with the provisions of 8.2 above
9 PROPERTY AND RISK
9.1 The Materials shall remain the Company’s property until payment of the price of the materials has been made in full, notwithstanding that the materials may have been delivered to or affixed to the property of the Customer or any third party.
9.2 Whilst the Company remains the owner of the materials and the materials are not affixed to the property of the Customer or any third party, the Customer shall maintain the materials in satisfactory condition as being the property of the Company.
9.3 The Customer grants the Company an irrevocable license to enter any premises where the jobs are installed to recover them following non-payment by the Customer.
9.4 Risk of damage to or loss of the work shall pass to the Customer after installation.
10. DELIVERY
10.1 Any date specified by the Company for installation is an estimate only. Time for installation of the metal shall not be of the essence
10.2 Delay in delivery or provision of the materials/ work shall not give the Customer the right to cancel the order or recover any loss, damage or expenses which arise from such delay from the Company.
10.3 The company reserves to right to re book the job up to 3 weeks if the Customer’s fails to provide the company with adequate installation instructions, access to premises or any other instructions that are relevant to delivery of the Materials and installation.
10.4 Where the Company tenders the Materials but delivery is not accepted, the Company may store the Materials in its own or any other warehouse for the account of the Customer and the Customer shall be liable for the cost of storage, additional handling, transport and any associated costs. The Company may also deliver its invoice for the Materials stored and payment thereof shall be due at the same time and in the same manner as if the Materials had been delivered to the Customer at the time they were placed in store.
10.5 Any fault must be notified to the Company within 7 days of the date of delivery/installation as a condition precedent to any claim being recognised. Failure to notify the Company in accordance with this clause shall be deemed to constitute irrevocable acceptance of the work and that they are in accordance with the Contract.
10.6 From the time of their arrival at the Site, the customer shall be responsible for loss or damage to the Materials and to the Company’s Equipment howsoever caused or arising (except to the extent that it is caused by or arisen from the acts or omissions of the Company’s servants or sub-contractors) and shall indemnify and keep the Company indemnified to the full value thereof until the Contract is completed or the Materials and Company’s Equipment have been removed from the Site by the Company.
10.7 Should any Materials required for the installation be lost or damaged by acts or omissions of the customer or of others (not the Company’s servants or sub-contractors) such Materials shall be replaced by the Company at the customer’s expense. The Customer shall accept any delay to the Works due to the need to replace lost or damaged items
10.8 The Customer is required to acknowledge receipt of all Materials delivered at the Site by signing the appropriate Delivery Note a copy of which will be retained by the customer and a copy retained in M&M Metal Works office
11.Installation
11.1 Where the Works include the installation of Materials the Contract Price is based upon the Site being available to the Company between the hours of 8 a.m. and 4.30 p.m. Monday to Friday inclusive unless otherwise agreed and on the basis that full and free access to the Site will be open to the Company during these hours and that the specified facilities will be provided for the company. The additional costs of lost time due to lack of access to the Site or non-availability of the facilities to be provided by the Customer shall be added to the Contract Price and shall be paid by the Customer.
11.2 Provide a satisfactory and continuous means of access to the Site free from all obstructions together with offloading facilities and parking facilities for vehicles of the Company, its servants and agents.
11.3 Effect and complete all works of preparation and construction necessary to receive the Materials including clearance of all obstructions from the area of the Site in which installation of the Work is to take place.
11.4 Ensure that there is a sufficient and continuous supply of electric light, power and water available at all points where necessary for the performance of the Works by the Company prior to the commencement of such works.
11.5 Supply all such plans, data and information together with Site plans and levels (in every case to an identified scale) as the Company may reasonably require from time to time in connection with the Work
11.6 Builders Work and Alteration to Premises
The Company will not carry out under the Contract any builders work or alterations to premises.
12. Completion / Cleaning
The Company will make every reasonable effort to clear the Site of all surplus materials and waste, the latter being placed on a central dump to be provided by the Customer for subsequent disposal by the Customer and the Company will make every reasonable effort to leave the installation clean and ready for use but it accepts no liability whatsoever for any deposits of dirt or other materials, or damage to the installation, subsequent to the completion of the Works, occasioned by the Customer or any Third Party.
13.Warrantee
13.1 The Company warrants that in the manufacture of M&M Metal’ products the highest standards of workmanship and raw materials have been used.
13.2 If within a period of 12 months:
a) after the despatch of the Materials in the case of a single consignment, or
b) after the despatch of the final consignment of the Materials in the case of delivery by instalments, or
c) after the Materials have been taken over by the Customer in the case of a contract with installation any fault is found in the Materials, which in the opinion of the Company, is not attributable wholly or in part to inexpert installation or repair by persons other than the Company or a subcontractor of the Company and is a fault within its control, then in each such case the Company shall at its own expense and sole discretion either repair or replace the faulty Materials provided that notice of the fault is given in writing to the Company by registered post not more than seven (7) days after the expiry of the said period of twelve months.
13.3 All outdoor wrought iron style products will require maintenance and protective treatments during the guarantee period and beyond. Rust will begin to appear on untreated steel, this is a natural trait of the material that can only be prevented by hot dip galvanising/ powder coating. Therefore the company is unable to refund the cost of wrought iron style products on the basis of rust appearing if they have been supplied without a galvanised/ powder coat finish.
13.4 The faulty items supplied by the company will be replaced. No liability is accepted for any additional costs associated with the maintenance, additional treatments and preparations.
14 Statutory and By-Law Approvals
It shall be the responsibility of the Customer to obtain all necessary permissions and licences and to conform to the provisions of Acts of Parliament and to any by-laws, orders and regulations for the time being in force affecting any works of construction under the Contract and the Customer shall pay and indemnify the Company against all fees payable, costs, claims and actions in connection therewith.
15. LIABILITY
15.1The Company shall not in any event be liable for loss, damage, delay or expense of any kind if the Materials are altered by the Customer without the Company’s written approval or where any damage is caused to the Materials as a consequence of wear and tear, carelessness in using or handling the Materials (unless the Customer is supervised by the Company’s staff at the time), any defect in any building in which the Materials are kept, stored, used or installed, as a result of any breach of health and safety legislation or any other legal obligation of the Customer or any persons acting for, under or in trust for the Customer, or as a result of any use of the Materials otherwise than in accordance with the manufacturer’s, installer’s, or Company’s instructions or recommendations.
15.2 Nothing in these Terms & Conditions shall exclude or limit the liability of the Company for death or personal injury caused by the Company’s negligence or for any other matter in respect of which the law provides that liability may not be excluded or limited.
15.3 The Company is held to be legally liable for any breach of the Contract or shall become legally liable to the Customer in any way howsoever, the liability of the Company in respect of any or all causes of action shall in no circumstances exceed in the aggregate (100 per cent of) the Contract Price.
16. Right of Set Off
No right of set off shall exist in respect of any claims by the Customer against the Company unless and until such time as such claims are accepted by the Company in writing and the Customer shall not withhold all or any part of any sum which has become due for payment under the Contract.
17. Force Majeure
Whilst the Company undertakes to make every endeavour to execute orders as near to the date specified for delivery as possible, all orders are accepted subject to delays caused by fires, industrial disputes, non-availability of raw materials or power supply, acts of Providence or through any other cause whatsoever beyond the control of the Company and the Company shall not incur any liability or be responsible for any inconvenience, costs, losses or damages suffered by the Customer arising from such delays (unless otherwise specifically agreed by the Company in writing, no penalty shall apply).If any such event continues for longer than 1 month the Company shall be entitled to terminate the Contract without liability to the Customer by service of a written notice.
18. Substitution of Materials
The Company reserves the right to substitute without prior notice or consultation other materials for any which may be specified on the Contract provided that the operating capabilities and technical properties are not in the opinion of the Company, adversely affected.
19. Alterations to Design or Specification
Any alteration to design and/or specification requested by the Customer shall be notified to the Company in writing. Any costs incurred in complying with such alterations shall be added to the Contract Price and shall be paid by the Buy
20. TERMINATION
20.1 Either party shall be entitled to terminate the Contract forthwith upon written notice if the other party commits a material breach of any of the provisions of the Contract and (in case of a remediable breach) fails to remedy the same within 7 days after a receipt of written notice giving full particulars of the breach required to be remedied;
20.2 the other party suspends or ceases to carry on all or a substantial part of its business, becomes bankrupt or enters into compulsory or voluntary liquidation, winding up, administration, receivership or any other composition or arrangement with its creditors, or any other similar or analogous procedure in the relevant jurisdiction or threatens or purports to do any such thing; or
20.3 the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to fulfil its obligations under the Contract has been placed in jeopardy
20.4 Where the Customer terminates the Contract for any reason or where the Company terminates the Contract by reason of any material breach by the Customer, the Company shall be entitled to be paid for the Materials already manufactured, whether or not they have been delivered to the Customer.
21. Sub-Contracting
The Company reserves the right to sub-contract any part of the Contract, but in so doing the Company will not be relieved of any liabilities under the Contract.
22. WAIVER
No failure or delay on the part of either party to exercise any right or remedy under the Contract shall be construed or operate as a waiver, nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy.
23.SEVERANCE
If any provision of the Contract is held by a Court or other relevant tribunal to be invalid or unenforceable it shall be severable and shall be deemed omitted from the Contract to the extent necessary to prevent such invalidity or unenforceablity and the remaining provisions shall continue to have full effect.
24. ENTIRE AGREEMENT
24.1 The parties agree that the agreement constitutes the entire agreement between them, and supersedes all previous drafts, agreements, arrangements and understandings between them, whether oral or written.
24.2 Each party agrees that it will have no remedy in respect of any representation, statement, assurance or warranty that is not expressly set out in the agreement. 27.3, Each party agrees that its only remedy in respect of those representations, statements, assurances and warranties that are set out in the agreement will be for breach of contract in accordance with the terms of this agreement.
25. GOVERNING LAW
The Contract shall be governed by English law and the English Courts shall have exclusive jurisdiction in relation to Customers in England and Wales and non-exclusive jurisdiction in relation in all other cases, with regards to all matters arising under it.
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