Terms And Conditions

Metalliform Holdings Ltd Conditions of Sale

This document tells you the terms and conditions on which we supply any of the products listed on our website www.metalliform.co.uk (our site) to you. By ordering any of our Products, you agree to be bound by these terms and conditions.

1. INFORMATION ABOUT US

www.metalliform.co.uk is a site operated by Metalliform Holdings Ltd . We are registered in England and Wales under company number 4018890 and with our registered office at Chambers Road, Hoyland, Barnsley S74 0EZ. This is also our main trading address.

2. SERVICE AVAILABILITY

Our site is only intended for use by educational, charitable and not for profit organisations based in the United Kingdom. We do not accept orders from outside these areas or from private individuals.

3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

After placing an order (Order), you will receive an e-mail from us acknowledging that we have received the Order. Please note that this does not mean that the Order has been accepted. The Order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending an order confirmation (Order Confirmation) to the [delivery] [contact email] address specified in the Order). The contract between us (Contract) will only be formed when we send you the Order Confirmation.

The Contract will relate only to those Products listed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the order of such Products has been confirmed in a separate Order Confirmation.

You shall be responsible for ensuring the accuracy of the terms of any Order (including any applicable specification) submitted by you, and for giving us any necessary information relating to the Products within a sufficient time to enable us to perform the Contract.

We reserve the right to make any changes in the specification of the Products which are required to conform with any applicable safety or other statutory requirements or which do not materially affect their quality or performance.

All products are made by Metalliform are specifically for your order. Because of this, no order which has been accepted by us may be cancelled by you except with our written agreement and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and material used), damages, charges and expenses incurred by us as a result of cancellation

4. LINKS

Links made to other websites are made entirely at your own risk and we accept no liability of any kind in relation to any linked sites. [The permission of Metalliform Holdings Ltd is required in writing before 3rd party linking to its website.]

5. CONSUMER RIGHTS

We only contract with educational, charitable and business organisations and, accordingly, the Consumer Protection (Distance Selling) Regulations 2000 do not apply to any Contract made under these terms and conditions

6. AVAILABILITY AND DELIVERY

We shall use our reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

If we are unable to deliver the Products on any agreed delivery date because you or a person nominated by you are not at the delivery address or if access to that address is denied or is not safely or lawfully possible, we reserve the right to: (a) store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage and of any unsuccessful attempt to deliver the Products. The charge we normally apply is 10% of the order value + VAT; or (b) sell the Products at the best price readily obtainable and (after deducting all reasonable storage, attempted delivery, insurance and selling expenses) refund the balance (if any) of any payment you have made to us or charge you for any shortfall between any payment you have made us and the price we obtain on the sale of the Products.

7. RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. PRICE AND PAYMENT

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. These prices exclude VAT and delivery costs, which will be added to the total amount due and shown in your shopping basket. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Unless you have an account with us, payment for all Products must be by credit or debit card. We accept payment with Mastercard and Visa.

8.1 PAYMENT TERMS – CREDIT ACCOUNT HOLDERS

This shall only apply to credit account holders. UK Customers holding approved Metalliform credit account facilities must pay within 30 days from the date of invoice unless otherwise agreed. You should allow 7 days for normal banking and postal delays when making payment.

Failure to comply with the Conditions may result in the withdrawal of credit account facilities and any sums outstanding will then become payable immediately.

Metalliform reserves the right to charge interest on all overdue balances on credit accounts at a rate of 4% above RBS plc base rate, accruing daily.

In the event that the account is passed to a third party for collection of outstanding balances, Metalliform will claim reimbursement of all costs incurred in that collection from you.

8.2 PAYMENT TERMS – NON CREDIT ACCOUNTS

All Customer payments shall be made in UK pounds sterling. In the case of credit card or debit card or purchasing card transactions, you will pay the Price of the Goods or Services by such cards at the time of placing the Order and Metalliform shall be entitled to recover the Price. No Order will be fulfilled until the full payment amount has been authorised by the appropriate credit, debit or purchasing card service provider.

9. OUR REFUNDS AND REFUNDS POLICY

When you wish to return a Product to us (for instance, because you have mistakenly ordered the wrong specification, or because you claim that the Product is defective), you must call our Customer Service team on 01226 350555 to request a Product Returns Request form. Once completed, we will organise the collection of the products concerned. We will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. Products ordered in error or which you no longer require must be reported within 7 days of delivery unused, complete and in their original packaging.

We will process the refund due to you as soon as possible. Products returned by you because of a defect will be either replaced or refunded in full, including a refund of the delivery charges for sending the item to you. In the case of Products returned by you because you have ordered them in error or because you no longer require them we will refund only the price of the Product excluding delivery charges and after applying a restocking charge of 40% of the value of the Product and carriage plus VAT.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10. OUR LIABILITY AND GUARANTEE

We hereby guarantee to you that: (a) We shall free of charge either repair or, at our own expense, replace defective Products where the defects appear under the proper use within 5 (years) months from delivery or such other period as may be set out in the Order Confirmation PROVIDED THAT: (i) notice in writing of the defects complained of shall be given to us as soon as they appear; and (ii) such defects shall be found to our reasonable satisfaction to have arisen solely from our faulty design, workmanship or materials.

For the avoidance of doubt, defects will not be regarded as having arisen solely from our faulty design, workmanship or materials in any of the following circumstances: (a) where such defects arise from any drawing, design or specification supplied by you; or (b) where such defects arise from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our maintenance instructions (whether oral or in writing), misuse or alteration or repair of the Products without our approval.

Any repaired or replaced Products shall be redelivered by us free of charge to the original point of delivery but otherwise in accordance with and subject to these terms and conditions.

Alternatively we shall be entitled in our absolute discretion to refund the price of the defective Products in the event that such price shall already have been paid by you to us or if such price has not been paid to relieve you of all obligation to pay the sum by the issue of a credit note in your favour in the amount of such price.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for any indirect losses which happen as a side effect of the main loss or damage

11. DATA PROTECTION & CONFIDENTIALITY

We shall store and process your data in accordance with the data protection principles as set out in the Data Protection Act 1998.

The placing of orders from www.metalliform.co.uk will require you to provide us with your name and address and other relevant information. By placing your order, you agree to the provisions of Metalliform’s privacy policy. Information provided by you, including personal information will be held by us and may be used for marketing purposes, including market research, or occasionally shared with other organisations in the prevention of fraud. Such information will not be disclosed to other third parties.

12. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13. WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

Metalliform reserves the right to amend the Terms & Conditions at any time without notice. These will be available both online and available on request.

17. VIRUSES

It is your responsibility to virus check all materials before downloading them from our website for any purpose.

17.1 LINKS

18. LAW AND JURISDICTION

Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.