- 1.1. In these conditions, unless the context requires otherwise:
- 1.2. ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;
- 1.3. ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
- 1.4. ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
- 1.5. ‘Goods’ means the articles which the Buyer agrees to buy from the Seller;
- 1.6. ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and
- 1.7. ‘Seller’ means Cheshire Metalcraft Ltd, Unit 25, Demmings Road Industrial Estate, Demmings Road, Cheadle, Stockport, Cheshire. SK8 2PS.
2. Conditions applicable
- 2.1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
- 2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
- 2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- 2.4. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. Price and payment
- 3.1. The Price shall be the Seller’s quoted price. The Price is including VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
- 3.2. Payment of the Price and VAT shall be due immediately upon recipe of the invoice. Time for payment shall be of the essence.
- 3.3 The Seller reserves the right to retain up to 100% of the Buyers deposit, upon receipt of written order cancellation from the Buyer, covering any loss of money to the Seller for materials ordered or costs incurred.
4. The Goods
The quantity and description of the Goods shall be as set out in the Seller’s quotation. The images used on the site are only used illustrate how the gate may look and could vary slightly on finished products.
5. Warranties and liability
- The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
6. Acceptance of the Goods
- 6.1. The Buyer shall be deemed to have accepted the Goods on delivery to the Buyer.
- 6.2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7. Title and risk
- 7.1. Title shall pass on full and complete payment of the Goods.
- 7.2. Risk shall pass on delivery of the Goods
8. Remedies of Buyer
- 8.1. Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
- 8.2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
- 8.3. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.