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24 HRS Steel, Terms & Conditions...


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Terms & Conditions

1. INTERPRETATION

1.1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London

are open for business. Commencement Date: has the meaning set out in clause 2.2.

Contract: the contract between the Supplier and the Customer for the supply of Goods and/or

Services in accordance with these Conditions. Customer: the person or firm who purchases the

Goods and/or Services from the Supplier.

Deliverables: the deliverables set out in the Order.

Goods: the goods (or any part of them) set out in the Order.

Goods Specification: any specification for the Goods, including any relevant plans or drawings,

that is agreed by the Customer and the Supplier.

Intellectual Property Rights: all copyright and related rights, rights in goodwill or to sue for

passing off, rights in designs, moral rights, rights in confidential information (including know-how

and trade secrets) and any other intellectual property rights.

Order: the Customer’s order for the supply of Goods and/or Services, as agreed verbally and

evidenced in writing (together with any plans and drawings) and confirmed by the Customer’s

written acceptance of the Supplier’s quotation and order confirmation.

Services: the services, including the Deliverables, supplied by the Supplier to the Customer as

set out in the Service Specification.

Service Specification: the description or specification for the Services as agreed in the Order

and confirmed in writing by the Supplier to the Customer.

Supplier: 24 HRS STEEL LTD, 257 Downham Way , Bromley Kent , BR1 5EN

2. BASIS OF CONTRACT

2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services in

accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted when the Supplier issues written acceptance

of the Order in the form of an order confirmation, at which point and on which date the Contract

shall come into existence (Commencement Date).

2.3 The Contract constitutes the entire agreement between the parties. The Customer

acknowledges that it has not relied on any statement, promise or representation made or given

by or on behalf of the Supplier which is not set out in the Contract.

2.4 Any samples, drawings, descriptive matter or advertising issued by the Supplier and any

illustrations or descriptions of the Services by the Supplier are issued or published for the sole

purpose of giving an approximate idea of the Services and/or Goods described in them. They

shall not form part of the Contract or have any contractual force.

2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer

seeks to impose or incorporate, or which are implied by trade, custom, practice or course of

dealing.

2.6 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period

of 30 Business Days from its date of issue.

2.7 All of these Conditions shall apply to the supply of both Goods and Services except where

application to one or the other is specified.

3. GOODS

3.1 The Goods will be those Goods described in the Goods Specification.

3.2 To the extent that the Goods are to be manufactured in accordance with a Goods

Specification supplied by the Customer, the Customer shall indemnify the Supplier against all

liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential

losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional

costs and expenses) suffered or incurred by the Supplier in connection with any claim made

against the Supplier for actual or alleged infringement of a third party’s intellectual property rights

arising out of or in connection with the Supplier’s use of the Goods Specification. This clause 3.2

shall survive termination of the Contract.

4. DELIVERY OF GOODS

4.1 The Supplier shall deliver and if agreed install, the Goods at the location agreed with the

Customer and set out in the Order or such other location as the parties may agree (Delivery

Location) at any time after the Goods are ready.

4.2 Delivery of the Goods shall be completed on the Goods’ arrival and if agreed installation, at

the Delivery Location.

4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is

not of the essence unless agreed with the Customer at the time the Order was placed. The

Supplier shall not be liable for any delay in delivery of the Goods that is caused by the Customer,

a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery

instructions.

4.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses

incurred by the Customer in obtaining replacement goods of similar description and quality in the

cheapest market available, less the price of the Goods.

4.5 If the Customer fails to accept or take delivery of the Goods within 7 Business Days of the

Supplier notifying the Customer that the Goods are ready, then except where such failure or

delay is caused by the Supplier’s failure to comply with its obligations under the Contract in

respect of the Goods:(a) delivery of the Goods shall be deemed to have been completed at 9.00

am on the 10th Business Day following the day on which the Supplier notified the Customer that

the Goods were ready; and(b) the Supplier shall store the Goods until delivery takes place, and

charge the Customer for all related costs and expenses (including insurance).

4.6 If 10 Business Days after the Supplier notified the Customer that the Goods were ready for

delivery the Customer has not accepted or taken delivery of them, the Supplier may resell or

otherwise dispose of part or all of the Goods.

5. QUALITY OF GOODS

5.1 Where the Customer demonstrates the Goods to be defective the Supplier shall not be liable

for the defect if:

(a) the Customer makes any further use of the Goods after giving notice of the defect to the

Supplier;

(b) the defect arises because the Customer failed to follow the Supplier’s oral or written

instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if

there are none) good trade practice;

(c) the defect arises as a result of the Supplier following any drawing, design or Goods

Specification supplied by the Customer;

(d) the Customer alters or repairs such Goods without the written consent of the Supplier;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal

working conditions;

(f) the Goods differ from the Goods Specification as a result of changes made to ensure they

comply with applicable statutory or regulatory standards.

5.2 The terms of these Conditions shall also apply to any repaired or replacement Goods

supplied by the Supplier.

6. TITLE AND RISK

6.1 The risk in the Goods shall pass to the Customer on completion of delivery.

6.2 Title to the Goods shall not pass to the Customer until the Supplier has received payment in

full (in cash or cleared funds) for:

(a) the Goods; and

(b) any other goods that the Supplier has supplied to the Customer in respect of which payment

has become due; and

(c) any Services provided by the Supplier.

6.3 Until title to the Goods has passed to the Customer, the Customer shall:

(a) hold the Goods on a fiduciary basis as the Supplier’s bailee;

(b) store the Goods separately from all other goods held by the Customer so that they remain

readily identifiable as the Supplier’s property;

(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their

full price on the Supplier’s behalf from the date of delivery;

(d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 12;

and

(e) give the Supplier such information relating to the Goods as the Supplier may require from

time to time,

6.4 If before title to the Goods passes to the Customer the Customer becomes subject to any of

the events listed in clause 12, or the Supplier reasonably believes that any such event is about to

happen and notifies the Customer accordingly, then, provided the Goods have not been resold,

or irrevocably incorporated into another product, and without limiting any other right or remedy

the Supplier may have, the Supplier may at any time require the Customer to deliver up the

Goods and, if the Customer fails to do so promptly, enter any premises of the Customer or of any

third party where the Goods are stored in order to recover them.

7. SUPPLY OF SERVICES

7.1 The Supplier shall provide the Services to the Customer in accordance with the Service

Specification in all material respects.

7.2 The Supplier shall use all reasonable endeavours to meet any performance dates for the

Services specified, but any such dates shall be estimates only and time shall not be of the

essence for the performance of the Services unless agreed in writing with the Supplier at the

time of the Order.

7.3 The Supplier shall have the right to make any changes to the Services which are necessary

to comply with any applicable law or safety requirement, or which do not materially affect the

nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

8. CUSTOMER’S OBLIGATIONS

8.1 The Customer shall:

(a) ensure that the terms of the Order and (if submitted by the Customer) the Goods

Specification are complete and accurate;

(b) co-operate with the Supplier in all matters relating to the Services;

(c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to

the Customer’s premises, office accommodation and other facilities as reasonably required by

the Supplier to provide the Services;

(d) provide the Supplier with such information and materials as the Supplier may reasonably

require to supply the Services, and ensure that such information is accurate in all material

respects;

(e) prepare the Customer’s premises for the supply of the Services;

(f) obtain and maintain all necessary licences, permissions and consents which may be required

for the Services before the date on which the Services are to start;

(g) keep and maintain all materials, equipment, documents and other property of the Supplier

(Supplier Materials) at the Customer’s premises in safe custody at its own risk, maintain the

Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the

Supplier Materials other than in accordance with the Supplier’s written instructions or

authorisation; and

(h) accept responsibility for any damage to fixtures arising naturally out of the installation of the

Goods at the Delivery Location unless caused by the Suppliers negligence and indemnifies the

supplier against the same.

8.2 If the Supplier’s performance of any of its obligations in respect of the Services is prevented

or delayed by any act or omission by the Customer or failure by the Customer to perform any

relevant obligation (Customer Default):

(a) the Supplier shall without limiting its other rights or remedies have the right to suspend

performance of the Services until the Customer remedies the Customer Default, and to rely on

the Customer Default to relieve it from the performance of any of its obligations to the extent the

Customer Default prevents or delays the Supplier’s performance of any of its obligations;

(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer

arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as

set out in this clause 8.2; and

(c) the Customer shall reimburse the Supplier on written demand for any costs or losses

sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.

9. CHARGES AND PAYMENT

9.1 The price for Goods shall be the price set out in the Order. The price of the Goods is

exclusive of all costs and charges of packaging, insurance, transport of the Goods, which shall

be paid by the Customer when it pays for the Goods.

9.2 The charges for Services shall be on a fixed fee basis and agreed with the Customer at the

time of the Order. The Supplier reserves the right to increase the amount charged for the

Services where:

(a) There is any material change to the Service Specification.

(b) There are any unforeseen circumstances of which the Supplier could not have been aware

until visiting the Delivery Location or during the course of providing the Services.

(c) There is delay in delivering the Services cause by the Customer or circumstances beyond the

control of the Supplier.

9.3 The Supplier reserves the right to increase the price of the Goods, by giving notice to the

Customer at any time before delivery, to reflect any increase in the cost of the Goods to the

Supplier that is due to:

(i) any factor beyond the control of the Supplier (including foreign exchange fluctuations,

increases in taxes and duties, and increases in labour, materials and other manufacturing costs);

(ii) any request by the Customer to change the delivery date(s), quantities or types of Goods

ordered, or the Goods Specification; or

(iii) any delay caused by any instructions of the Customer in respect of the Goods or failure of the

Customer to give the Supplier adequate or accurate information or instructions in respect of the

Goods.

9.4 In respect of Goods and/or the Services, the Supplier shall invoice the Customer at the time

of confirming the Order.

9.5 The Customer shall pay each invoice submitted by the Supplier:(a) within 30 days of the date

of the invoice; and(b) in full and in cleared funds to a bank account nominated in writing by the

Supplier, and time for payment shall be of the essence of the Contract.

9.6 All amounts payable by the Customer under the Contract are exclusive of amounts in respect

of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT

purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on

receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in

respect of VAT as are chargeable on the supply of the Services or Goods at the same time as

payment is due for the supply of the Services or Goods. Where projects are considered to be

exempt or zero rated for value added tax, it is the customer’s responsibility to provide written

proof to the supplier, PRIOR to contract start. Failing to provide written proof will result in VAT

being charged and it is the customer’s responsibility to “re-claim” this from the appropriate

government office.

9.7 Without limiting any other right or remedy of the Supplier, if the Customer fails to make any

payment due to the Supplier under the Contract by the due date for payment (Due Date), the

Supplier shall have the right to charge interest on the overdue amount at the rate of 5 per cent

per annum above the then current Bank of England base rate accruing on a daily basis from the

Due Date until the date of actual payment of the overdue amount, whether before or after

judgment, and compounding quarterly.

9.8 The Customer shall pay all amounts due under the Contract in full without any deduction or

withholding except as required by law and the Customer shall not be entitled to assert any credit,

set-off or counterclaim against the Supplier in order to justify withholding payment of any such

amount in whole or in part. The Supplier may, without limiting its other rights or remedies, set off

any amount owing to it by the Customer against any amount payable by the Supplier to the

Customer.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be

owned by the Supplier.

11.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights

in the Services, the Customer’s use of any such Intellectual Property Rights is conditional on the

Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the

Supplier to license such rights to the Customer.

11.3 All Supplier Materials are the exclusive property of the Supplier.

12. LIMITATION OF LIABILITY

12.1 The Supplier shall under no circumstances what be liable to the Customer, whether in

contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit,

or any indirect or consequential loss arising under or in connection with the Contract.

12.2 The Supplier’s total liability to the Customer in respect of all other losses arising under or in

connection with the Contract, whether in contract, tort (including negligence), breach of statutory

duty, or otherwise, shall in no circumstances exceed the total price paid for the Goods and

Services.

12.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by

statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

12.4 This clause 11 shall survive termination of the Contract.

13. TERMINATION

13.1 Without limiting its other rights or remedies, the Supplier may terminate the Contract with

immediate effect by giving written notice to the Customer if:

(a) the Customer commits a material breach of its obligations under this Contract and (if such

breach is remediable) fails to remedy that breach within 10 days after receipt of notice in writing

of the breach;

(b) the Customer becomes or is about to become insolvent (being a Company), bankrupt (being

an individual), enters into a compromise or arrangement with its creditors, is wound up or begins

the process of winding up or an administrator is appointed.

13.2 Without limiting its other rights or remedies, the Supplier may terminate the Contract:

(a) by giving the Customer 3 months’ written notice;

(b) with immediate effect by giving written notice to the Customer if the Customer fails to pay any

amount due under this Contract on the due date for payment.

13.3 Without limiting its other rights or remedies, the Supplier shall have the right to suspend the

supply of Services or all further deliveries of Goods under the Contract or any other contract

between the Customer and the Supplier if:

(a) the Customer fails to make pay any amount due under this Contract on the due date for

payment; or

(b) the Customer becomes subject to any of the events listed in clause 13.1(b), or the Supplier

reasonably believes that the Customer is about to become subject to any of them.

14. CONSEQUENCES OF TERMINATION

On termination of the Contract for any reason:

(a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid

invoices and interest and, in respect of Services supplied but for which no invoice has yet been

submitted, the Supplier shall submit an invoice, which shall be payable by the Customer

immediately on receipt;

(b) the Customer shall return all of the Supplier Materials and any Deliverables which have not

been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s

premises and take possession of them. Until they have been returned, the Customer shall be

solely responsible for their safe keeping and will not use them for any purpose not connected

with this Contract;

(c) the accrued rights and remedies of the parties as at termination shall not be affected,

including the right to claim damages in respect of any breach of the Contract which existed at or

before the date of termination or expiry; and

(d) clauses which expressly or by implication have effect after termination shall continue in full

force and effect.

15. GENERAL

15.1 Force majeure:

(a) For the purposes of this Contract, Force Majeure Event means an event beyond the

reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial

disputes (whether involving the workforce of the party or any other party), failure of a utility

service or transport network, act of God, war, riot, civil commotion, malicious damage,

compliance with any law or governmental order, rule, regulation or direction, accident,

breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

(b) The Supplier shall not be liable to the Customer as a result of any delay or failure to perform

its obligations under this Contract as a result of a Force Majeure Event.

(c) If the Force Majeure Event prevents the Supplier from providing any of the Services and/or

Goods for more than 4 weeks, the Supplier shall, without limiting its other rights or remedies,

have the right to terminate this Contract immediately by giving written notice to the Customer.

15.2 Assignment and subcontracting:

(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other

manner with all or any of its rights under the Contract and may subcontract or delegate in any

manner any or all of its obligations under the Contract to any third party.

(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer,

charge, subcontract or deal in any other manner with all or any of its rights or obligations under

the Contract.

15.4 Severance:

(a) If a court or any other competent authority finds that any provision of the Contract (or part of

any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the

extent required, be deemed deleted, and the validity and enforceability of the other provisions of

the Contract shall not be affected.

(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable

and legal if some part of it were deleted, the provision shall apply with the minimum modification

necessary to make it legal, valid and enforceable.

15.5 No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a

partnership or joint venture of any kind between any of the parties, nor constitute any party the

agent of another party for any purpose. No party shall have authority to act as agent for, or to

bind, the other party in any way.

15.6 Third parties: A person who is not a party to the Contract shall not have any rights under or

in connection with it.

15.7 Variation: Except as set out in these Conditions, any variation, including the introduction of

any additional terms and conditions, to the Contract shall only be binding when agreed in writing

and signed by the Supplier.

15.8 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in

connection with it or its subject matter or formation (including non-contractual disputes or claims),

shall be governed by, and construed in accordance with, English law, and the parties irrevocably

submit to the exclusive jurisdiction of the courts of England and Wales.

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Welcome to 24 HRS Steel – Since 1995 we have been providing a first class service by servicing the construction industry and self-build market in London. 24 HRS Steel offers a total steel solution to projects covering everything from constructing steel building frames to platforms to staircases and railings. Our expertise covers all areas of structural and architectural steel. No matter who you are, be it a builder needing a beam or a developer who needs a frame or just someone needing plain advice – we have all the right solutions for you that are simply delivered. Read more...

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Contact us

Address 24 HRS Steel
257 Downham Way
Bromley
Kent
BR1 5EN
telephone 0208 461 5186
telephone 07412 615 356
telephone 07473 69 79 79
email info@24hourssteel.com

Copyright © 2017 24 HRS Steel. All Rights Reserved.
Registered in England & Wales Company No. 10560235, VAT No. 266706285.
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Copyright © 2017 24 HRS Steel. All Rights Reserved.
Registered in England & Wales Company No. 10560235, VAT No. 266706285.
Powered by Essex Interactive