TERMS & CONDITIONS
NICOR STEEL LTD
Terms and Conditions
- In these Conditions:
- I) “Buyer” means the buyer indicated on the Quote;
- I) “Buyer’s agent” means the foreman, site manager, project manager or any representative working on the Buyer’s behalf; III)“Contract” means any contract between Buyer and Seller for the sale and purchase of Products incorporating these Conditions; IV)“The contract is agreed” – by completing and submitting an electronic order form or by placing an order via email, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that the contract is formed;
- V) “Fabrication Drawing” means the detailed drawing of the Products;
VI)“Products” means the structural steel, fixings, drawings and any other items shown on the Quote to be supplied by Seller; VII) “Order Specifications” means a summary of the information provided by the Buyer before making a payment;
VIII) “Order Confirmation” means the acceptance of Order Specifications and payment by the Buyer;
IX)“Seller” means Nicor Steel Ltd a company incorporated under the laws of England and Wales with registered number 09081437 whose registered office is at Broad House, 1 The Broadway, Old Hatfield, Hertfordshire, England, AL9 5BG.
- These Conditions supersede all prior representations or arrangements and contain the entire agreement between the parties in connection with the Products. All other terms and conditions, express or implied, are excluded. None of Seller’s employees or agents has authority to modify or supplement these Conditions.
- ORDER BASIS
- The Seller shall sell and the Buyer shall purchase the Goods per any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
- By completing and submitting an electronic order form or placing an order with us by email, or any other way of communication you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have authorisation from your payment card issuer or funds transferred by Bank Transfer into Nicor Steel Ltd’s Bank Account. We will not be liable if there is a delay, and we will not accept your order if the payment is not received promptly or your payment is not authorised.
- Certain steps must be followed for a contract to be formed, as described below.
- After you have placed your order you will receive an acknowledgement for your order. It will confirm which products you have ordered at which point the contract is agreed upon.
- We do not have to accept your order, and for example, we will not accept your order if:
- I) We do not have the products in stock, or we are unable to source the products.
- II) Your payment is not authorised.
III)You cancelled your order before it was accepted by us. F. The Seller must receive payment for the whole of the price of the Products, and any applicable charges for delivery before the order can be processed. Order payment can be made by most major credit or debit cards.
- By using a credit/debit card to pay for the order or purchase, the Buyer confirms that the card being used is the Buyer’s or that the Buyer is authorised to use it.
- All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment the Seller will not accept the order or purchase, the Seller will not be obliged to inform the Buyer of the reason for the refusal and will not be liable for the Products not being delivered or provided to the Buyer. The Seller is not responsible for the card issuer or bank charging the holder of the card as a result of our processing of the credit/debit card payment following the order. The Seller recommends that payment card details should not be communicated to anyone, including the Seller, by email.
- The Buyer is responsible for all orders placed by the Buyer’s agent and for any purchases made on cards issued to the Buyer. The Seller is not bound by any individual order limit that may be imposed on the Buyer’s agent.
- It is the Buyer’s responsibility to check the information on the Order Specification carefully prior to making the payment. Once the Buyer confirms the Order Specification, the Buyer assumes all
responsibility for dimensions and measurements, including that the Order Specifications meet Buyer’s requirements and are suitable for the Buyer’s intended needs. Buyer acknowledges that Seller relies on this information in manufacturing the Products.
- The buyer understands that the Products are manufactured to order, and accordingly, the Contract may not be amended or cancelled by the Buyer once the payment has been received.
- Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice or recommendation which is not so confirmed. M. We reserve the right to refuse any order.
- The specification for the Products shall be as set out in the Order Specifications.
- All samples, descriptive matter and advertising issued by Seller and any descriptions or illustrations contained in Seller’s catalogues, brochures and website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of these Conditions, and this is not a sale by sample.
- Although the Seller has made every effort to be as accurate as possible, all sizes, weights, capacities, finish, dimensions, and measurements have a 5% tolerance. The packaging of the Goods may vary from that shown on the Seller’s catalogues, brochures and website.
- PRICE OF GOODS
- The price payable for the Goods is as set out on our Order Specifications at the time of submitting the order. Prices are exclusive of VAT.
- Seller shall be under no obligation to deliver and/or unload the Products unless and until payment of the total price has been received in full and cleared funds.
- Occasionally, an error may occur, and the Products may be either incorrectly priced or described in which case the Seller will not be obliged to supply the Products at the incorrect price or in accordance with the incorrect description or at all.
- The Seller reserves the right to correct any errors from time to time. The Seller will, at his discretion, either cancel the order and refund the price paid or use reasonable endeavours to contact the
Buyer and ask to continue with the order for the Products at the correct price or correct description.
- If the Seller is unable to make contact or the Buyer does not wish to continue with the order at the correct price or correct description, the Seller will cancel the order and refund the price paid.
- The Seller may refund the Buyer by way of a cheque sent to the address of the relevant trade card account holder if the Seller is unable to make contact.
- The price is exclusive of any applicable value added tax that the Buyer shall be additionally liable to pay to the Seller.
- Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices given by the Seller are in GBP Sterling
- Delivery dates set out in Order Specifications or otherwise requested by Buyer or given by Seller are given or accepted by Seller in good faith but are not guaranteed.
- Delivery shall be made to the delivery address specified on the Order Specifications, as made possible by clause (c) set out below.
- The delivery drivers are not insured to take vehicles on roads other than public highways. If the delivery location is in a remote location or is not on a public road, then the driver will deliver the Products to the end of the public road only. The Buyer accepts this when placing the order, should the Buyer refuse the delivery because the driver cannot drop at the exact delivery location then the Buyer will be charged the actual delivery costs and collection fees.
- The buyer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address. Seller shall not be obliged to lift the Products by crane, and it is Buyer’s responsibility for ensuring that the delivery address is suitable to unload the Products. Buyer shall be responsible for all storage costs, additional delivery costs and other costs incurred by Seller as a result of Buyer’s failure to take delivery of the Products.
- The Products can only be delivered to the exterior of a ground floor location at the delivery address. The Buyer must therefore make his arrangements at his own risk should a relevant item need to be transported from the delivery location.
- The Seller will not provide any unpacking, installation, fitting or waste removal services upon delivery.
- Should the Buyer collect the Products from the Seller’s venue, the Buyer must ensure adequate vehicle, manpower, strapping and other relevant resources are present.
- The Seller does not take any responsibility for loss or damage of property or vehicle during the loading process onto Buyer’s designated vehicle.
- If no–one is available at the delivery location to take delivery of the Products, the Seller will leave a note with the location of the Products, in which case, the Buyer must contact the Seller to rearrange delivery (which may be charged as an additional cost to the Buyer).
- Seller may dispose of Products (without refund or prior notice to the Buyer) if not collected by the Buyer within 7 days after the agreed collection date.
- The Seller does not deliver to addresses outside the UK.
- UNSATISFACTORY PRODUCTS
- Buyer shall inspect the Products immediately on receipt and Buyer shall be deemed to have accepted the Products as conforming with the Contract unless written notice of rejection based on non conformity with the Contract is received in writing by Seller within 2 days of the date of delivery.
- If, after a valid notice of rejection has been given to Seller in accordance with these Conditions, the conduct of Buyer is inconsistent with such rejection, Buyer shall be deemed to have accepted them.
- Buyer accepts products that are made to order and as a result not subject to the Distance Selling Regulations. If it is shown to Seller’s reasonable satisfaction that the Products fail materially to comply with the Contract, Seller will either refund the purchase price (less the cost of the steel) or replace the Products within a reasonable time, free of charge. Such Refund Or Replacement Shall Be Determined By The Seller And Shall
- Be Seller’s Sole Liability In Relation To Any Such Failure. Replacement products are covered by these Conditions. E. Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by Seller and where the Seller agrees to replace the Products, the defective product shall be made available for collection by the Seller, should he choose to, within 14 days of the notice of rejection.
- Seller does not exclude any liability which cannot be excluded as between Buyer and Seller under any provision of English law.
- FORCE MAJEURE
- Seller shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving Seller’s negligence) which are beyond Seller’s reasonable control and which prevent or restrict Seller from complying with the Contract.
- Seller may where to be reasonable in all the circumstances (whether or not involving Seller’s negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Seller’s ability to manufacture, supply, deliver or acquire materials for the production of the Products by Seller’s normal means is materially impaired.
- RISK AND TITLE
- Risk and title in the Products shall pass to Buyer upon delivery as delivery is determined in accordance with these Conditions.
- INTELLECTUAL PROPERTY
- Buyer acknowledges that all copyright, design rights, trademarks, trade names and any other intellectual property rights of a similar nature (whether or not registered) in catalogues, brochures, website and documents are Seller’s.
- The buyer shall not and shall not assist or enable a third party to, copy or use any designs or remove any copyright notices from the Seller’s catalogues, brochures, website, and documents. C. Copyright
- All rights in the site design, text, graphics and other content, interfaces, and the selection and arrangements thereof belong to us or our licensors. All rights are reserved save as set out below
- Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited.
- LIMITATION OF LIABILITY
- Without prejudice to any other limitation of seller’s liability (whether effective or not):
- In no circumstances whatever shall the seller be liable (in contract, tort or otherwise, and irrespective of any negligence or other act, default or omission of the seller or its employees or agents) for any indirect or consequential losses (including loss of goodwill, business, or anticipated savings), loss of profits or use, or any third-party claims, in connection with the products or the contract.
- Seller’s total aggregate liability in connection with the products or the contract (in contract, tort or otherwise and whether or not related to any negligence or other act, default or omission of the seller or its employees or agents), is limited to the invoice price for the products concerned ex vat and excluding the then market value of the steel.
- All warranties, conditions and other terms implied by statute or common law) save for the conditions implied by s.12 sale of goods act 1979) are to the fullest extent permitted by law, excluded from the contract.
- No action may be brought against the seller in connection with the products or the contract unless proceedings are issued against the seller within one year after the buyer became or ought to have become aware of the circumstances giving rise thereto.
- This condition 11 applies notwithstanding any fundamental breach or breach of a fundamental term of the contract by the seller. G. Nothing in these conditions excludes or limits the liability of the seller for death or personal injury caused by the seller’s negligence or fraudulent misrepresentation.
- The Products are all made to order and as such are not eligible for returns. Nicor Steel Ltd do. For defective products and refunds, please see pt. 6
- The Contract may not be assigned by the Buyer without the Seller’s prior written consent.
- Notices must be in writing to Seller’s or Buyer’s address and are deemed delivered on the first working day after sending by hand or on the third working day after being placed prepaid in the first class post to Buyer’s or Seller’s address.
- No failure by Seller to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.
- If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
- The provisions of Conditions 9, 10 and 11 shall survive any termination of the Contract.
- The Contract shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in relation to the Contract.
- Any personal data that Buyer provides to Seller will be held securely and processed only for the purposes of these Conditions.
Seller may share Buyer’s personal data with credit reference agencies, banks, and other responsible organisations in order that Seller can fulfil the Contract.
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- The Buyer shall be entitled to cancel the Order in respect of all or part only of the Goods and/or the Services by giving notice to the Seller at any time prior to delivery or performance, in which event the Buyer’s sole liability shall be to pay to the Seller the Price for
the Goods or Services in respect of which the Buyer has exercised its right of cancellation, less the Seller’s net saving of cost arising from cancellation.
- The Buyer shall be entitled to terminate the Contract without liability to the Seller by giving notice to the Seller at any time if: I) The Seller commits an act of bankruptcy or makes any
arrangement or composition with its creditors or (being a. company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or (reconstruction); or
- II) An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Seller; or
III)The Seller ceases, or threatens to cease, to carry on business; or
IV)The Buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.
- INSOLVENCY OF BUYER
- This clause applies if:
- I) the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of
amalgamation or reconstruction); or
- II) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
III)the Buyer ceases, or threatens to cease, to carry on business; or
IV)the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
- V) If this clause applies, then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered, but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
- The directors can become personally liable for company debts. I) The legislation which covers this situation is the 1986 Insolvency Act.
- The Order is personal to the Seller and the Seller shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract without the prior consent in writing of an authorised representative of the Buyer.
- Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified
pursuant to this provision to the party giving the notice
- No waiver by the Buyer of any breach of the Contract by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
- Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted, or extended at the relevant time.
- The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
- The Contract shall be governed by the laws of England
- LATE PAYMENT OF INVOICES
- Please note all invoices unpaid after the stated terms will incur an 8% charge above the Bank of England base interest rate.
OUR WORK ETHICS
SAFETY FIRST - ALL THE TIME
Our company is more like a family, we are always looking our for each other and putting our safety first. Everyone goes through rigorous testing and we are always looking to improve ourselves.
FRIENDLY CUSTOMER SERVICE
We think that customer service should always be a priority and our colleagues go above and beyond to solve our customers’ queries.
RELIABLE AND TRUSTWORTHY
Regardless of the size of the project, we are always using the best of the crop when it comes to materials and people and we see the results coming from all of our repeat customers. Timing is everything for most of our customers and that is why we are 99% on time.
We are committed to always provide you with the best prices possible and offer you options that are within a given budget.