TERMS & CONDITIONS

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1.1             “Agreement” shall mean these agreed Terms and Conditions for the supply of Products and provision of Services.

1.2             “Consumer” shall mean the person who deals as a consumer as defined by section 12 of the Unfair Contract Terms Act 1977.

1.3             “Customer” shall mean the person who orders the Products and Services from the Company and who is defined as a consumer under section 12 of the Unfair Contract Terms Act 1977.

1.4                    “Manufacturer” shall mean the Steel Supplier.

1.5             “Company” shall mean ORS Metals Limited

1.6            “Order” shall mean the formal acceptance of the Proposal by the Customer.

1.7             “Products” shall mean all Products supplied by the Manufacturer in the course of this Agreement.

1.8             “Proposal” shall mean the written statement of the Products and Services that the Company offers to the Customer.

1.9             “Services” shall mean all Services supplied by the Company in the course of this Agreement.

1.10                  “Terms and Conditions” shall mean this agreed written contract between the Company and the Customer.

1.11           “Works” shall mean the work carried out as part of this Agreement and the physical location of the work being carried out.

1.12           Unless the context otherwise admits, words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.

1.13           Reference to any statutory provisions in this Agreement shall include any statutory provisions which amend or replace it.

 

2.1             No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by the Company or a person authorised to sign on the Company’s behalf.

2.2            Nothing in these Terms and Conditions shall affect the Customer’s statutory rights.

 

3.1             The Proposal given on or attached to these Terms and Conditions will only remain valid for 30 days.

3.2            The Proposal must be accepted by the Customer in its entirety and without modification.

3.3 Acknowledgement and acceptance of this Proposal are made by the Customer placing an Order within the period specified in paragraph 3.1 above, at which time the Customer will be bound by these Terms and Conditions. Such a contract is hereinafter referred to in these Terms and Conditions as "an Order".

3.4             An Order is only accepted once the Company confirms acceptance to the Customer in writing.

3.5            The Company reserves the right to refuse any Order.

 

4.1             The Products and Services provided by the Company to the Customer are those detailed in the quotation provided.

4.2             If the Customer wishes to vary any of the Products and Services provided, the written consent of the Company must be obtained. The Company must be informed in writing within 14 days of acceptance of the Order of any changes, alterations, reductions or cancellations unless the 14-day waiver box has been ticked.

4.3             Any descriptions, promotional material, drawings or sketches provided by the Company or third parties are for illustrative purposes only, are not to scale and are to provide an outline of what will be provided unless agreed in writing between the parties.

4.4             The Supplier will begin delivering the Products and Services at the time and date agreed between the parties. The Supplier reserves the right to vary the time and date and shall inform the Customer of any variation.

4.5             The start date for delivery of the Products and Services is an estimate only and is not guaranteed by the Company or the Supplier. The start date shall not be of the essence in this Agreement.

4.6             The Company shall not be liable for any costs, damages, or losses caused either directly or indirectly by any delay in delivering the Products and Services to the Customer.

4.7             The Company shall not be liable for delays, faults, remedial works required or product replacement that is caused by the Supplier.

4.8             The Company shall not be liable for any damage caused whilst the product is being stored at the location of installation or once installation has been completed.

 

5.1             The price for the Products and Services provided is inclusive of Value Added Tax (VAT) and such other charges that may apply.

5.2             If the rate of VAT increases between the date of the Order and the date of delivery and/or completion, the Company will add the necessary additional amount of value-added tax to the price of the Products and Services.

5.3             If the price of the Products and Services increases for any other reason between the date of the Order and the date of completion, the Company will notify the Customer of this.

 

6.1             A Deposit Payment is due upon placing the Order, with the remaining balance payable 48 hours prior to delivery. The Deposit is non-refundable if the 14 Day Waiver box has been ticked.

6.2             The Company reserves the right to charge a late payment fee of 10% per annum pro rata to the period that an outstanding payment has been delayed.

6.3             The Company will be entitled to claim all additional costs (including, but not limited to, legal costs) incurred in obtaining payment from the Customer where the Customer is late paying the Company.

6.4             Title to the Products comprised in the Order shall not pass to the Customer until the Customer has paid the full price. Furthermore, the Company reserves the right to sue for the price once payment becomes due, notwithstanding that title may not have passed.

 

7.1             Unless otherwise stated in the Order, the price quoted includes delivery to the address specified in the Order.

7.2             Whereas the Company will try to ensure compliance with any delivery times and dates given, such times and dates are estimates only. The Company will not be responsible for any loss whatsoever arising from a delay in delivery.

7.3            Risk of damage to the goods shall pass to the Customer upon delivery.

 

8.1             The Supplier holds Company Insurance with Liability Cover, which can be made available upon request.

 

9.1             The Customer has a period of 14 days from the placement of an Order in which to cancel the purchase unless the Customer has selected to waive their 14-day cooling-off period rights. If a deposit has been paid, then a full refund of the same amount will be returned within 3 working days.

 

10.1           If the Customer wishes to cancel an Order, it must be done in writing via email to sales@orsmetalsltd.com