‘Company’ means Oakham Sheet Metal Co. Ltd or any of its subsidiaries or associate companies using these Terms & Conditions.
‘Quotation’ means the quotation from the Company enclosed with these Terms & Conditions.
‘Customer’ means a party to a contract arising from the Quotation.
‘Goods’ means all goods, parts or other things supplied by the Company to the Customer whether or not supplied in conjunction with work done or to be done by the Company.
These Terms & Conditions of Sale, together with any terms or conditions stated in the Quotation, shall be the only express terms of contract unless specifically confirmed otherwise by the Company in writing.
‘Price’ or ‘prices’ means those stated in the Quotation.
‘In writing’ means written communication sent by post or by hand or by fax or email. It does not include communications sent as messages by text, WhatsApp or similar means.
2. The Quotation
The Quotation has been prepared on the basis of information provided by the Customer up to the time of its preparation. Later information may give rise to changes in prices.
Work not expressly referred to in the Quotation shall not form part of the scope of works of a contract arising from the Quotation.
The Quotation remains open for acceptance for a period of 21 days from date of issue unless expressly stated otherwise.
Any communication after expiry of the period referred to in 2.3 above, and purporting to be an acceptance, shall not create a binding contract unless so confirmed by the Company in writing.
The price or prices are net.
The price or prices do not include Value Added Tax (‘VAT’) which is to be added at the rate in force at the tax point.
The Company reserves the right at any time to amend the price or prices to reflect any increases in the costs of materials, labour, transport and/or manufacture.
The price or prices shall include the costs of the Company’s normal road transport.
If the Customer instructs transportation by other means the price or prices may be amended to reflect any additional costs.
Any changes requested by the Customer and agreed by the Company shall be deemed to be a variation to the contract and shall not constitute a new or separate contract.
Changes referred to in 4.1 above may be changes in quantity and/or quality and/or type and/or time of supply and/or storage.
Changes referred to in 4.1 above may create entitlement to additional payment.
Payment terms are net.
The payment terms set out below apply only to approved accounts. Where it is not possible to establish account approval the Company may require alternative payment arrangements..
The Company may submit an invoice upon completion of the work; the Company may also, at its discretion, submit one or more invoices on account during the progress of manufacture.
The Customer shall pay the Company the full amount of each invoice, including any applicable VAT, by not later than the last day of the month following the month in which the said invoice is issued.
If payment is not made by the Customer in compliance with 5.3 the Company may require the Customer to pay interest, compensation and recovery costs pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (‘LPCDIA’) and subsequent Orders and Regulations. Where the Customer is not acting in the course of a business the Company may require the Customer to pay interest, compensation and recovery costs in terms similar to those provided by LPCDIA.
Notwithstanding the provisions of 5.1 to 5.3 above and if the Company has reasonable cause it may, without prejudice to its other rights, require the Customer to pay forthwith all monies due, or to become due, from the Customer to the Company for any goods delivered at any time and under any contract.
6. Delivery, storage & cancellation
Where Goods are ready for delivery and where the Customer so requests the Company may at its discretion postpone delivery and store the Goods at its own premises or elsewhere. The Company may submit an invoice for the price of the goods at the time of the Customer’s request or later and the Customer shall pay the Company forthwith the full amount of such invoice, including any applicable VAT.
Goods stored under 6.1 above shall be at the sole risk of the Customer.
The Company may submit an invoice or invoices in respect of the reasonable costs of storage, insurance and any additional transport and/or handling. The Customer shall pay the Company the full amount of each invoice, including any applicable VAT, by not later than the last day of the month following the month in which the said invoice is issued.
Where the Customer cancels all or part or parts of an order after any design or manufacture has commenced the Company may submit an invoice in respect of the reasonable costs of work done.
Where delivery of Goods is unduly delayed at the place and time of delivery the Company may submit an invoice in respect of the reasonable costs of the delay.
The Customer shall pay the Company the full amount of invoices submitted pursuant to 6.3, 4 & 6.5 above, including any applicable VAT, by not later than the last day of the month following the month in which the said invoices are issued.
Where the Customer requests postponement of manufacture of the Goods the Company may increase the price or prices to reflect any reasonable additional costs arising as a direct consequence of such postponement.
Claims for failure to deliver, incomplete delivery, damaged goods, or discrepancy in weight or quantity must be notified by the Customer to the Company in writing within 24 hours of time of delivery.
Claims for unsatisfactory quality of the Goods must be notified by the Customer to the Company in writing within 7 days of time of delivery.
8. Transfer of risk
Except as provided under 6.2 above Goods are at the risk of the Company until they leave the Company’s premises for delivery to the Customer.
Risk in the Goods shall pass to the Customer when they leave the Company’s premises for delivery, at which point delivery shall be deemed to have been made.
9. Time of delivery
The Company shall use its best endeavours to deliver the Goods by the date requested by the Customer and/or estimated by the Company.
The Company shall not be liable for delay in delivery or for any consequences of delay arising from any causes whatsoever.
Where Goods undergo a hot dip galvanising process some distortion may occur. The Company will endeavour to keep distortion to a minimum but shall have no liability for any consequent effects.
All galvanised gutter, whether galvanised before or after manufacture, together with those parts of fixings exposed on the inside of the gutter should be painted with two coats of bituminous mastic after installation.
All gutters should be regularly inspected and maintained.
11. Retention of title
Notwithstanding delivery and the transfer of risk, property in and legal and beneficial title to the Goods shall remain with the Company until the Customer has paid in full all sums arising under 5.1 to 5.6 above.
Following delivery the Customer shall store the Goods separately and shall mark them as being the property of the Company until payments are made as provided under 11.1 above.
If payment is not made as provided under 11.1 above, and if there is reasonable cause, the Company may enter the Customer’s premises or the site to recover the Goods.
The Company shall not be liable for any effects or consequences of dimensional or other tolerances unless the Customer proves that the Company’s products do not comply with relevant British or industry standards.
13. Force Majeure
The Company shall not be liable for any delays caused by force majeure