Terms & Conditions
Last updated Wednesday 31st March 2021 at 15:19.
1. Introduction
1. These terms and conditions form the basis of the Contract for the Sales of Goods (the “Sales Contract”) between Metalform Group Ltd. (the “Seller”) and [Buyer’s Name] (the “Buyer”). Both the Sales Contract and this document must be read in conjunction with one another and agreement between both Parties under these clauses sought.
2. Sale of Goods
2. The Seller’s quotations are estimates and are subject to a site visit and final specification prior to ordering the Goods.
3. The Goods may appear different in terms of colour and texture from original samples due to the materials used.
4. Additions and/or variations to the Goods will be agreed to by both Parties in writing.
3. Price, Ownership and Risk
5. The quotation does not include the removal and disposal of existing fittings and fixtures that are to be replaces by the Goods ordered.
6. All quotations are subject to VAT.
7. The quotation will not include any unforeseen increases in cost from the manufacturer.
8. Additional products, services and fittings after agreement between the Parties on the quotation will be invoiced accordingly.
9. Ownership shall not pass onto the Buyer until full payment is made and the Goods are delivered by the Seller through an appropriate delivery company.
10. The Buyer should obtain appropriate insurance to cover any potential loss and/or damage during the transporting of the Goods.
4. Payment
11. A deposit of 50% of the total value of the quotation, inclusive of VAT, transport and fitting (if required), of the Goods (the “Deposit”) will be made at the time the Sales Contract is signed according to Quotation [Number] attached to the Sales Contract.
12. Payment of the outstanding balance will be made 7 working days prior to delivery of the Goods to the Buyer.
13. All the Goods will remain in the property of the Seller until payment in full is received.
5. Delivery
14. Delivery charges will apply to the Buyer in relation to the type of delivery the Buyer wishes to purchase.
15. Lead times for delivery are 8 – 20 weeks from the date the Deposit has reached the Seller and the quotation has been agreed by both Parties.
16. Bespoke products negate any specific timeframe on which delivery is expected and is subject to change.
17. Circumstances outside of the Seller’s control may affect the delivery timeframe originally quoted. The Buyer is expected to acknowledge the Force Majeure terms in the Sales Contract, which outlines the circumstances in which delivery may be delayed outside of the Seller’s control.
18. Delays in the delivery of the Goods does not constitute a cancellation of the Sales Contract.
6. Fitting
19. The Seller is able to facilitate installation of the Goods at the Buyer’s property at an extra cost.
20. The Seller is responsible for the quality of the fitting and for any damage incurred to the Goods during the fitting process.
21. The Buyer is responsible to ensure that on the fitting date, the appropriate areas inside the property are clear and prepared as specified in the quotation and agreed by both Parties.
22. Any damage that results from an unreasonable block from the Buyer, or a representative of the Buyer, that leads to the removal of the Goods are the Buyer’s responsibility.
23. The Seller is not responsible for any consequential loss generated by the fitting of the Goods.
24. If the Buyer does not adequately prepare the relevant areas inside the property, there will be an additional charge of [Price + VAT] for reorganising and revisiting the Buyer’s property at a later date.
25. Delays in the fitting of the Goods does not constitute a cancellation of the Sales Contract.
7. Specification
26. Any change to specification will lead to the Buyer incurring further costs.
27. In relation to paragraph 4 of these terms and conditions, the Seller undertakes to use its best endeavours to ensure that the Goods are to the agreed specification.
28. Where the quotation is based on the Buyer’s measurements, the Seller is not liable for any wrong measurements given by the Buyer.
29. Goods are ordered and manufactured based only on the measurements provided by the Buyer, unless the Seller is asked and instructed to complete such tasks.
30. The Buyer is entitled to 2 amendments to drawings conducted by the Seller in relation to the quotation provided. Further amendments will incur a [Price + VAT] charge to the Buyer.
8. Returns & Cancellation
31. The Seller will accept returns of standard products within 30 days of the delivery date.
32. The cost of the Goods will be refunded in full, with exception of a 30% charge to the full quotation to restock the Goods.
33. The Goods must be returned in the same condition and packaging in which they were delivered.
34. Bespoke products will not be refunded.
35. Faulty or incorrect products will be replaced by the Seller at no further cost to the Buyer in the same production time as initially stated in the quotation.
36. The Buyer has the right to cancel this Sales Contract if the Goods are standard products and no modifications have been made in relation to the specification.
37. The Buyer must confirm cancellation of the Goods in writing either by using the cancellation form available on the Seller’s website (www.metalform.uk) or by confirming the details in writing to the Seller’s office address (Orion House, Barnhill, Stamford, Lincolnshire, PE9 2AE).
38. The Buyer’s right to cancel an order does not apply if the Goods ordered are bespoke.
9. General
39. Reference needs to be made to each individual Sales Contract in relation to specific terms and conditions applicable to the Buyer’s quotation.
40. The terms and conditions set out in this document must be read in conjunction with the quotation and the Sales Contract before the Buyer enters into a contract with the Seller.
