Terms & Conditions

These Terms and Conditions apply to quotations issued, orders accepted and goods or services supplied by Heaton Manufacturing Limited.

Please read these Terms and Conditions carefully before placing an order. By accepting our quotation, submitting a purchase order, making payment or otherwise instructing us to proceed, you agree to be bound by these Terms and Conditions.

Nothing in these Terms and Conditions affects any statutory rights that cannot lawfully be excluded or restricted.

Company Details

This website is owned and operated by:

Heaton Manufacturing Limited
Unit 1 Grangewood Farm
Coalpit Lane
Grangewood
Derbyshire
DE12 8BG
United Kingdom

For quotations, orders, deliveries and general commercial enquiries:

Email: [email protected]
Telephone: 01283 205 930

For matters relating specifically to the operation, security or administration of this website:

Email: [email protected]

References in these Terms and Conditions to “we”, “us”, “our”, the “Company” or the “Seller” mean Heaton Manufacturing Limited.

References to “you”, “your”, the “Customer”, the “Purchaser” or the “Buyer” mean the person, company or organisation requesting a quotation or purchasing goods or services from us.

Contents

1. Application of These Terms
2. Quotations and Formation of the Contract
3. Customer Specifications, Drawings and Schedules
4. Prices and Payment
5. Manufacture, Materials, Standards and Tolerances
6. Inspection, Shortages, Defects and Site Work
7. Delivery, Access, Offloading and Storage
8. Title and Risk
9. Cancellation, Changes and Returns
10. Liability
11. Force Majeure
12. Intellectual Property, Tools and Customer Materials
13. Website Use and Enquiries
14. Data Protection, Privacy and Marketing Communications
15. General Provisions
16. Governing Law and Jurisdiction

1. Application of These Terms

1.1

All quotations are issued and all orders are accepted subject to these Terms and Conditions.

1.2

These Terms and Conditions apply to the exclusion of any other terms that you seek to impose or incorporate, including terms contained in a purchase order, procurement portal, acknowledgement, specification or other document, unless we expressly agree otherwise in writing.

1.3

No alteration to these Terms and Conditions will be effective unless it is expressly agreed in writing by an authorised representative of Heaton Manufacturing Limited.

1.4

Where a quotation or written order acknowledgement contains terms that conflict with these Terms and Conditions, the following order of precedence will apply:

1. any written variation expressly agreed by an authorised representative of Heaton Manufacturing Limited;
2. our order acknowledgement;
3. our quotation;
4. these Terms and Conditions; and
5. the Customer’s purchase order or specification.

1.5

These Terms and Conditions primarily govern business-to-business transactions. Where you are acting as a consumer, nothing in these Terms and Conditions excludes or restricts any right or remedy that cannot lawfully be excluded or restricted.

1.6

We may update these Terms and Conditions from time to time. The version applying to a Contract will be the version provided to you, referred to in our quotation or published on our website when the Contract is formed.

2. Quotations and Formation of the Contract

2.1

A quotation, estimate, price indication or response to an enquiry is an invitation to treat only and does not constitute an offer capable of acceptance.

2.2

Submitting an enquiry, uploading a drawing or schedule, requesting a quotation or sending us a purchase order does not oblige us to accept or fulfil an order.

2.3

Unless otherwise stated, a quotation is valid for the period shown on it. Where no validity period is shown, it may be withdrawn or revised at any time before we accept your order.

2.4

Unless otherwise stated, a quotation is based on the understanding that the whole quantity and scope of goods or services quoted for will be ordered and supplied.

2.5

Where you order only part of the quoted quantity or scope, we may revise the price, delivery charge, lead time and other terms before accepting the order.

2.6

An order placed by you constitutes an offer to purchase the goods or services described in our quotation subject to these Terms and Conditions.

2.7

A binding contract will arise only when we:

a. issue a written order acknowledgement;
b. expressly confirm in writing that your order has been accepted;
c. begin purchasing materials, manufacturing or preparing the goods following your clear instruction to proceed; or
d. accept payment for the order,

whichever occurs first.

2.8

Each accepted order constitutes a separate contract between you and us.

2.9

You are responsible for checking our quotation and order acknowledgement before instructing us to proceed. You must notify us immediately if any description, quantity, dimension, bar mark, shape code, material specification, delivery address or other information is incorrect.

2.10

Any estimated quantity, weight or measurement is based on the information available when the quotation is prepared. The final quantity, manufactured weight or charge may differ where:

a. drawings or schedules are revised;
b. dimensions or quantities change;
c. additional information is provided;
d. discrepancies are identified;
e. manufacturing requirements alter the quantity of material required; or
f. the quotation was based on an estimate rather than a final bar bending schedule.

2.11

Unless we expressly agree otherwise in writing, we do not provide structural engineering, structural design, temporary works design or professional design-verification services.

2.12

Any general assistance, observations or comments provided by our staff do not transfer responsibility for structural design, engineering adequacy or suitability of the goods for their intended application to us.

3. Customer Specifications, Drawings and Schedules

3.1

You are responsible for ensuring that all drawings, reinforcement schedules, bar bending schedules, dimensions, shape codes, quantities, revisions, specifications and instructions supplied to us are complete, accurate and suitable for their intended purpose.

3.2

You must provide all information reasonably required for us to quote for, manufacture and deliver the goods within sufficient time for us to perform the Contract.

3.3

Where multiple versions of a drawing, schedule or specification have been supplied, you must clearly identify the final construction or fabrication issue.

3.4

We are not responsible for establishing which version is current unless the final revision has been clearly identified and acknowledged by us in writing.

3.5

You are responsible for checking and approving any schedule, drawing, summary, interpretation or clarification that we return to you before manufacture.

3.6

Where we prepare a cutting list, bending schedule or fabrication summary from information supplied by you, it is prepared for manufacturing purposes only. It does not constitute structural design or independent verification of the underlying engineering.

3.7

We may rely on dimensions and instructions stated numerically on a drawing or schedule. We are not required to scale dimensions from a drawing unless we expressly agree to do so.

3.8

We may decline to manufacture goods where the information supplied is incomplete, contradictory, illegible, technically impracticable or potentially unsafe.

3.9

You must notify us before manufacture begins of any special requirements relating to:

a. steel grade;
b. bar diameter;
c. reinforcement standard;
d. traceability;
e. CARES or other third-party certification;
f. welding;
g. couplers;
h. galvanising, coating or painting;
i. manufacturing tolerances;
j. bundling, labelling or sequencing;
k. delivery restrictions;
l. project-specific inspection or documentation; or
m. any requirement imposed by a client, structural engineer, contractor or public authority.

3.10

No certification, approval, traceability regime or project-specific compliance requirement will apply unless it is expressly stated in our written quotation or order acknowledgement.

3.11

We will not be liable for loss arising from errors, omissions or ambiguities in information supplied or approved by you.

3.12

Where an error or discrepancy becomes apparent during manufacture, we may suspend work while seeking clarification. Any resulting delay will not constitute a breach by us.

3.13

If information, approvals, drawings or schedules are supplied later than reasonably required, any quoted production or delivery date will be extended accordingly.

4. Prices and Payment

4.1

Prices are based on the quantities, specifications, drawings, delivery requirements, material costs and other information available at the time of quotation.

4.2

Unless otherwise stated, prices:

a. are expressed in pounds sterling;
b. exclude VAT;
c. exclude unloading, craneage and specialist offloading equipment; and
d. apply only to the quantities and specifications stated in the quotation.

4.3

VAT will be charged at the applicable rate.

4.4

Unless our quotation expressly states that the price is fixed for a specified period, we may revise a quoted price before accepting the order to reflect changes in:

a. steel or other material costs;
b. energy and fuel costs;
c. labour costs;
d. transport and carrier charges;
e. taxation, duties or statutory charges;
f. exchange rates; or
g. other input costs outside our reasonable control.

4.5

After an order has been accepted, we may revise the price only where:

a. our quotation or order acknowledgement expressly provides for a price-adjustment mechanism;
b. you change the quantity, specification, drawing, schedule, delivery requirement or other instruction;
c. you delay approval or fail to provide information when reasonably required;
d. additional handling, certification, labelling or packaging is required;
e. the order is divided into additional deliveries;
f. access or offloading information supplied by you is inaccurate;
g. a change in law, taxation or statutory charges affects the order; or
h. you otherwise agree to the revised price in writing.

4.6

Where the exact manufactured quantity or weight cannot reasonably be established in advance, we may invoice according to the quantity or weight actually supplied.

4.7

Unless you have an approved credit account, payment must be made in accordance with the payment terms stated in our quotation or pro forma invoice.

4.8

We are not obliged to purchase materials, reserve production capacity, begin manufacture or arrange delivery until any required deposit or advance payment has cleared.

4.9

Customers with approved credit facilities must pay invoices within the period stated on the invoice or account agreement. Unless otherwise agreed in writing, payment is due by the end of the month following the invoice date.

4.10

We may withdraw, suspend or reduce credit facilities at any time at our sole discretion.

4.11

You must pay all invoices in full without deduction, withholding, set-off or counterclaim except where required by law.

4.12

A dispute concerning part of an invoice does not entitle you to withhold payment of any undisputed amount.

4.13

Payment must not be delayed because:

a. the goods have not yet been used;
b. a site or project has been delayed;
c. you are awaiting payment from another party; or
d. a separate claim against us remains unresolved.

4.14

Where an amount is overdue, we may:

a. suspend manufacture, labour or delivery under any Contract with you;
b. withdraw credit facilities;
c. require payment in advance for outstanding or future orders;
d. cancel undelivered parts of an order;
e. charge statutory interest and claim fixed-sum compensation and reasonable recovery costs where permitted under late-payment legislation; and
f. recover any other reasonable costs or losses incurred as a result of non-payment.

4.15

We may set off any amount that we owe you against any amount that you owe us.

4.16

Payment is not deemed received until cleared funds are available to us.

4.17

A delivery note signed by a person at the delivery location, electronic delivery confirmation, carrier record, photograph, vehicle-tracking record or other reasonable evidence will constitute evidence of delivery.

4.18

Any request for proof of delivery must be made in writing within seven days of the relevant invoice date. A request for proof of delivery does not entitle you to withhold or delay payment.

4.19

If an obvious pricing or calculation error is identified before delivery, we may correct the price and give you the option to proceed at the corrected price or cancel the affected goods.

5. Manufacture, Materials, Standards and Tolerances

5.1

We will manufacture the goods substantially in accordance with the agreed description, drawing, schedule or specification.

5.2

Unless otherwise stated in our quotation or order acknowledgement, steel reinforcement will be supplied in accordance with the applicable British Standard specified for the order.

5.3

Compliance with an applicable British Standard does not imply that goods are CARES approved or covered by any other independent certification scheme.

5.4

CARES approval, product certification, mill certification, traceability documentation or other third-party accreditation will apply only where expressly stated in our quotation or order acknowledgement.

5.5

Other goods and materials will be supplied to our usual commercial standard unless a specific standard or specification has been expressly agreed in writing.

5.6

All dimensions and manufacturing requirements are subject to applicable production tolerances, relevant standards, machinery limitations and normal variations in steel reinforcement manufacture.

5.7

Unless a stricter tolerance is expressly agreed in writing, minor variations that do not materially prevent the goods from being used for their intended purpose will not constitute a defect.

5.8

Theoretical weights, calculated weights and scheduled weights are estimates. Actual weights may vary due to manufacturing tolerances, rolling tolerances, cutting, bending, laps, hooks, wastage and other production factors.

5.9

Surface oxidation, mill scale, minor rusting, colour variation, marking or cosmetic variation that does not materially impair the structural performance of reinforcement steel will not constitute a defect or grounds for rejection.

5.10

Where goods are supplied by reference to a sample, photograph, diagram, illustration or website image, the sample or image is intended to provide a general representation only.

5.11

We may make reasonable technical or manufacturing changes where required to comply with law, safety requirements, relevant standards or production constraints, provided that the changes do not materially alter the agreed function of the goods.

5.12

Except where expressly agreed in writing, we do not warrant that goods are fit for any particular purpose.

5.13

You are responsible for determining whether the agreed specification, steel grade, certification and goods are suitable for the intended structure, project or application.

5.14

You are also responsible for ensuring that the goods comply with requirements imposed by the structural engineer, designer, principal contractor, client, building-control body or other relevant authority.

5.15

Lead times are calculated from the point at which:

a. the order has been accepted;
b. all required information and approvals have been received; and
c. any required payment has cleared.

5.16

Any alteration requested after materials have been allocated or manufacture has begun may be treated as cancellation of the affected goods and the placing of a new order.

6. Inspection, Shortages, Defects and Site Work

6.1

You must inspect the goods at the time and place of delivery, unloading or collection.

6.2

Before signing a delivery note, you must check, so far as reasonably practicable:

a. the number of bundles, sheets, cages or items delivered;
b. visible condition;
c. obvious transit damage;
d. product labels and bar marks; and
e. whether the delivery corresponds with the delivery documentation.

6.3

Any visible shortage, damage or discrepancy must be recorded clearly on the delivery note and reported to us immediately.

6.4

You must provide written notice of any visible shortage, transit damage, faulty workmanship or apparent non-conformity within three working days of delivery or collection.

6.5

Where a defect could not reasonably have been identified during the initial inspection, you must notify us in writing promptly after discovering it and provide reasonable evidence.

6.6

A notification must include:

a. the relevant order or invoice number;
b. the affected bar marks or product description;
c. the quantity affected;
d. photographs where appropriate; and
e. a clear description of the alleged defect or discrepancy.

6.7

You must preserve the affected goods and give us a reasonable opportunity to inspect them before they are installed, altered, cut, bent, welded, incorporated into concrete or otherwise used.

6.8

Where we carry out fabrication, assembly, installation or other work at the Customer’s site, any alleged defect must be:

a. notified to us in writing within three working days of completion of the relevant work; and
b. reported before the work is concreted, covered, altered or permanently incorporated into the structure.

6.9

If goods or site work are concreted, covered, altered or permanently incorporated before a reasonably apparent defect is reported, the goods or work will be treated as accepted.

6.10

You must not return goods without obtaining our prior written authorisation.

6.11

Where a valid shortage or defect is established, our obligation will, at our option, be limited to:

a. making good the shortage;
b. repairing or remedying the affected goods or workmanship;
c. replacing the affected goods; or
d. refunding or crediting the price paid for the affected goods or services.

6.12

We will not be liable for a defect arising from:

a. incorrect drawings, dimensions, schedules or instructions supplied or approved by you;
b. fair wear and tear;
c. improper storage or handling;
d. corrosion caused after risk has passed to you;
e. accidental or deliberate damage;
f. abnormal site or environmental conditions;
g. misuse or installation contrary to applicable standards or professional instructions;
h. cutting, bending, welding, coating, alteration or repair performed by another party; or
i. failure to follow reasonable storage, lifting or handling practices.

6.13

Acceptance of a delivery note without qualification will be evidence that the correct apparent quantity was delivered in visibly satisfactory condition, although it will not prevent a valid claim concerning a latent defect that could not reasonably have been identified at delivery.

7. Delivery, Access, Offloading and Storage

7.1

Unless otherwise expressly agreed, delivery takes place when the goods are made available for unloading at the nearest safe, suitable and legally accessible location to the delivery address.

7.2

Unless expressly agreed otherwise, our delivery obligation does not include travelling beyond the nearest suitable hard road, hardstanding or other safely accessible unloading position.

7.3

Delivery dates and lead times are estimates given in good faith. Time of delivery is not of the essence of the Contract.

7.4

Unless otherwise agreed in writing, deliveries may be made between 7:00am and 6:00pm.

7.5

Any delivery date, time, estimated time of arrival or delivery window supplied by us, our supplier or our appointed carrier is an estimate only.

7.6

You must ensure that the delivery address and all access information supplied to us are complete and accurate.

7.7

Unless you advise us otherwise in writing before delivery is arranged, we may assume that the delivery location:

a. is accessible by a full-size articulated heavy goods vehicle;
b. has a safe and suitable route of access and exit;
c. has sufficient turning and manoeuvring space;
d. has a suitable hardstanding area; and
e. is free from height, width, weight, parking or time restrictions that would prevent delivery.

7.8

You must notify us in writing before delivery is arranged of any:

a. narrow road or gateway;
b. weight or width restriction;
c. low bridge, cable, branch or overhead obstruction;
d. soft, unstable or unmade ground;
e. restricted delivery period;
f. traffic-management requirement;
g. permit or booking requirement;
h. security or induction procedure;
i. lack of turning space;
j. crane, forklift or offloading restriction; or
k. other matter that could affect safe delivery.

7.9

You must provide sufficient time, competent labour, safe access and suitable lifting and offloading equipment to unload the goods safely and promptly upon arrival.

7.10

Unless offloading has expressly been included in our quotation, unloading is your responsibility.

7.11

Our driver’s responsibility will ordinarily be limited to positioning the vehicle in a safe and reasonably accessible location and releasing transport restraints where safe to do so.

7.12

Any lifting equipment supplied by you must:

a. be suitable for the goods and lifting operation;
b. have sufficient rated capacity;
c. be properly maintained and inspected; and
d. be operated by a competent and appropriately trained person.

7.13

Our driver or carrier may refuse to enter a site, position a vehicle or permit unloading where they reasonably believe that doing so would be unsafe, unlawful or likely to damage the vehicle, goods, site or third-party property.

7.14

If delivery cannot be completed because:

a. access is unsuitable;
b. no authorised person is available;
c. suitable offloading facilities are not available;
d. unloading cannot be completed within a reasonable time;
e. site instructions differ from the information supplied to us; or
f. the driver reasonably considers the operation unsafe,

we may return the goods to our premises or another suitable location.

7.15

You will be responsible for reasonable waiting-time charges, aborted-delivery charges, redelivery costs, storage costs, additional haulage costs and other expenses arising from circumstances described in clause 7.14, except to the extent caused by our breach or negligence.

7.16

We are not liable for site labour charges, crane or plant hire, waiting time, contractor charges, standing time, penalties, loss of productivity or other costs arising because delivery occurs later than estimated.

7.17

You must not arrange labour, concrete pours, cranes, road closures, inspections or dependent works on the assumption that an estimated delivery time is guaranteed.

7.18

We may deliver an order in instalments. Each instalment may be invoiced separately.

7.19

A delay or issue affecting one instalment does not entitle you to reject or cancel any other instalment or the Contract as a whole.

7.20

If you fail to accept delivery or collect the goods when they are ready, we may:

a. store the goods at your risk;
b. invoice the goods as though delivered or collected;
c. charge reasonable storage, handling, unloading and reloading costs;
d. rearrange delivery at your expense; or
e. treat the failure as a cancellation or repudiatory breach.

7.21

If goods remain uncollected or undeliverable after we have given reasonable written notice, we may sell, recycle, scrap or otherwise dispose of them.

7.22

Where goods are disposed of under clause 7.21:

a. you will remain liable for the Contract price and all storage, handling, transport and disposal costs; and
b. we will credit against the amount due any net proceeds actually recovered from the disposal, after deduction of our reasonable costs.

7.23

Where you instruct us to leave goods at an unattended location or in a place selected by you, delivery will be at your risk and you will be responsible for any loss, damage or obstruction resulting from compliance with those instructions, except to the extent caused by our negligence.

7.24

Where goods are deposited on a highway, pavement, shared area or third-party property at your request, you are responsible for obtaining all necessary consent and complying with all applicable regulations.

7.25

If you collect goods from our premises, you are responsible for:

a. providing a suitable vehicle;
b. securing and distributing the load correctly;
c. compliance with vehicle weight and dimensional restrictions; and
d. the safe transportation of the goods after loading.

7.26

We may refuse to load a vehicle that we reasonably consider unsuitable or unsafe.

8. Title and Risk

8.1

Risk in the goods passes to you:

a. when the goods are made available for unloading at the nearest safe and suitable delivery position;
b. when the goods are loaded onto your vehicle where you collect them; or
c. when the goods are placed into storage because you failed to accept delivery or collection,

whichever occurs first.

8.2

Ownership of the goods will not pass to you until we have received payment in full, in cleared funds, of:

a. all sums due for the goods; and
b. all other sums that are due or become due from you to us.

8.3

Until ownership passes, you must:

a. hold the goods as our fiduciary agent and bailee;
b. store them separately where reasonably practicable;
c. keep them identifiable as our property;
d. maintain them in satisfactory condition;
e. insure them for their full replacement value; and
f. not remove, obscure or alter identifying marks or labels.

8.4

Subject to clause 8.5, you may use or resell the goods in the ordinary course of your business before ownership passes.

8.5

Your right to possess, use or resell goods for which we have not been paid will end immediately if:

a. an invoice becomes overdue;
b. you become insolvent or unable to pay your debts;
c. you enter administration, liquidation or a voluntary arrangement;
d. a receiver or similar officeholder is appointed;
e. you cease or threaten to cease trading; or
f. we reasonably believe that any such event is likely.

8.6

Where your right to possession has ended, we may require you to return goods in which title remains with us.

8.7

To the extent permitted by law, you authorise us and our representatives to enter premises under your control at a reasonable time to identify and recover goods belonging to us.

9. Cancellation, Changes and Returns

9.1

An accepted order may not be cancelled or changed without our written agreement.

9.2

If we agree to a cancellation or change, you must pay all reasonable costs, losses and expenses incurred by us, including:

a. materials purchased or allocated;
b. work completed or in progress;
c. design interpretation, scheduling or programming time;
d. transport or cancellation charges;
e. handling and administration costs; and
f. loss resulting from goods that cannot reasonably be resold.

9.3

Returns of standard stock products are accepted only where:

a. we have authorised the return in writing;
b. the goods are returned within the agreed period;
c. the goods are unused, unaltered and in resaleable condition; and
d. you pay the applicable collection, return and handling costs.

9.4

A restocking and handling charge of at least 25% will apply to authorised returns of standard stock products.

9.5

The restocking charge may be higher where we incur additional transport, handling, administration, deterioration, repackaging or resale costs.

9.6 Bespoke and prefabricated reinforcement

All reinforcement manufactured, cut, bent, welded, assembled, labelled, bundled or otherwise prepared to your drawings, schedules, dimensions, bar marks, sequencing requirements or other instructions is bespoke.

This includes, without limitation:

a. loose cut-and-bent reinforcement;
b. links and stirrups;
c. reinforcement cages;
d. pile cages and pile reinforcement;
e. beams, columns and ground beams;
f. prefabricated reinforcement assemblies;
g. bespoke reinforcement mesh;
h. mesh cut or bent to specified dimensions;
i. welded, coated, painted or otherwise modified goods;
j. specially ordered materials;
k. non-stock items; and
l. goods manufactured, labelled, bundled or sequenced for a particular project.

9.7

Once materials have been allocated or manufacture has begun, bespoke goods cannot be cancelled, returned, refunded or credited unless they are defective or materially fail to conform to the agreed specification.

9.8

Where an order is placed or confirmed incorrectly by you, we are not required to refund goods that have already been manufactured or committed to production.

9.9

We may cancel or suspend a Contract where:

a. payment is overdue;
b. required information or approval is not provided;
c. your credit position becomes unsatisfactory;
d. fulfilling the order would be unlawful or unsafe;
e. materials become unavailable on commercially reasonable terms; or
f. a force majeure event prevents or materially delays performance.

10. Liability

10.1

Nothing in these Terms and Conditions excludes or limits liability for:

a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation;
c. liability arising under the Consumer Protection Act 1987 to the extent that it cannot lawfully be excluded or restricted;
d. breach of any other obligation that cannot lawfully be excluded; or
e. any other liability that cannot lawfully be excluded or limited.

10.2

Subject to clause 10.1, we will not be liable for:

a. loss of profit;
b. loss of revenue;
c. loss of business;
d. loss of anticipated savings;
e. loss of contract or opportunity;
f. loss of goodwill;
g. site standing time;
h. labour, crane, plant or machinery charges;
i. delay damages or contractual penalties payable to another party;
j. the cost of breaking out, removing or reinstating concrete or other work; or
k. indirect, consequential or special loss.

10.3

Subject to clause 10.1, our total aggregate liability arising from or in connection with a Contract, whether in contract, tort, negligence, misrepresentation, breach of statutory duty or otherwise, will not exceed the total price payable under that Contract.

10.4

The limitation in clause 10.3 applies to the Contract as a whole and not separately to each event, claim or item.

10.5

We are not liable for loss caused by:

a. your failure to inspect the goods or work;
b. your failure to notify us within the required period;
c. use or installation of goods after an apparent discrepancy should reasonably have been identified;
d. incorrect or incomplete customer information;
e. structural design, engineering or specification for which we were not expressly appointed;
f. acts or omissions of carriers, contractors, designers, steel fixers or other third parties beyond our reasonable control; or
g. failure to follow applicable professional advice, standards or safe working practices.

10.6

You must take reasonable steps to mitigate any loss or damage.

10.7

No claim may be brought more than twelve months after the date on which the event giving rise to the claim occurred or, where the matter could not reasonably have been discovered earlier, twelve months after it ought reasonably to have been discovered, except where a different period is required by law.

10.8

Where goods are found to be defective or non-conforming, you must give us a reasonable opportunity to repair, replace or remake them before arranging remedial work through another supplier.

10.9

We will not be responsible for third-party remedial costs incurred without our prior written approval unless urgent action was reasonably necessary to prevent personal injury or material property damage.

11. Force Majeure

11.1

We will not be liable for delay or failure to perform caused by circumstances beyond our reasonable control.

11.2

Such circumstances may include:

a. shortage or delayed supply of steel or other materials;
b. shortage of labour;
c. industrial action;
d. fire, flood, storm or severe weather;
e. epidemic or pandemic;
f. war, terrorism, civil disorder or government action;
g. transport disruption;
h. fuel or energy shortages;
i. machinery, plant or equipment breakdown despite reasonable maintenance;
j. interruption of utilities, communications or IT systems;
k. import or export restrictions;
l. supplier or carrier failure beyond our reasonable control;
m. late receipt of drawings, schedules, specifications or other necessary information from you; or
n. changes in law, sanctions or regulatory requirements.

11.3

Our time for performance will be extended for the duration of the relevant event and for a reasonable recovery period.

11.4

Where the event continues for more than 60 days, either party may cancel the affected undelivered part of the Contract by written notice.

11.5

You must pay for completed goods, work performed and materials irrevocably committed before cancellation under clause 11.4.

12. Intellectual Property, Tools and Customer Materials

12.1

You warrant that we are entitled to use any drawing, design, schedule, specification, document, photograph or other material supplied by you for the purpose of quoting for and fulfilling the Contract.

12.2

You will indemnify us against claims that our use of Customer-supplied materials in accordance with your instructions infringes another party’s intellectual-property rights.

12.3

Intellectual property in our quotation formats, manufacturing methods, internal schedules, calculations, templates, website materials and other documents created independently by us remains our property.

12.4

Any tools, jigs, templates, fixtures, manufacturing programmes, formers or other special equipment produced, acquired or used by us in connection with an order remain our property.

12.5

Clause 12.4 applies even where the cost of creating, acquiring, programming or setting up the relevant equipment is reflected in the price charged to you.

12.6

Unless otherwise agreed, you may use documents supplied by us only for the project and purpose for which they were provided.

12.7

We may retain copies of drawings, schedules and order documentation for record-keeping, quality control, insurance, legal compliance and management of future enquiries.

12.8

We will take reasonable care of physical materials supplied by you but will not be liable for their loss or damage unless caused by our negligence.

13. Website Use and Enquiries

13.1

The information on our website is provided for general information and commercial-enquiry purposes.

13.2

Website content does not constitute structural engineering, design, installation or project-specific professional advice.

13.3

Product descriptions, capabilities, indicative lead times, dimensions, capacities and examples shown on the website are not contractual unless expressly incorporated into our written quotation or order acknowledgement.

13.4

A quotation request, contact-form submission, telephone enquiry or uploaded drawing does not create a Contract.

13.5

You are responsible for ensuring that files uploaded through the website:

a. are accurate and complete;
b. contain the correct revision;
c. do not contain malware or malicious code; and
d. may lawfully be shared with us.

13.6

We do not guarantee that the website will always be available, uninterrupted, error-free or free from security vulnerabilities.

13.7

We may modify, suspend or withdraw any part of the website without notice.

13.8

Questions relating to quotations, products, orders or deliveries should be sent to:

[email protected]

13.9

Technical matters relating specifically to the website, such as website errors, account security or data displayed incorrectly online, should be sent to:

[email protected]

14. Data Protection, Privacy and Marketing Communications

14.1

We process personal data in accordance with applicable data-protection and electronic-communications legislation, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003, as amended.

14.2

Information supplied through our website, by email, by telephone or in connection with a quotation, enquiry or order may be used to:

a. respond to enquiries;
b. prepare quotations;
c. process and fulfil orders;
d. arrange manufacture and delivery;
e. administer accounts and payments;
f. provide customer service;
g. handle complaints and claims;
h. maintain business and legal records;
i. improve our products, services and website;
j. conduct analysis and measure the effectiveness of our communications; and
k. comply with legal and regulatory obligations.

14.3

Where permitted by law, we may also use your contact details to send you information about:

a. our products and manufacturing services;
b. reinforcement steel, prefabrication and related services;
c. company news and operational updates;
d. relevant offers or promotions;
e. technical information and industry content; and
f. products or services that we reasonably believe may be relevant to your business or previous enquiries.

14.4

Marketing communications may be sent by email, SMS, telephone, post or another appropriate communication channel.

14.5

We will send electronic marketing communications only where we have an appropriate lawful basis and where the communication is permitted under applicable electronic-marketing rules.

Depending on the circumstances, this may include:

a. your consent;
b. an existing customer relationship where the applicable requirements for marketing similar products or services have been met;
c. communications sent to a corporate business contact where permitted by law; or
d. our legitimate interests, where those interests are not overridden by your rights and electronic-marketing rules do not require consent.

14.6

Where we ask for consent to send marketing by email, SMS or another electronic method, consent will be optional and will not be a condition of receiving a quotation or purchasing goods unless the communication is necessary to provide the requested service.

14.7

You may object to direct marketing or withdraw your marketing consent at any time by:

a. using the unsubscribe facility included in an email;
b. following the opt-out instructions included in an SMS message, such as replying STOP where available;
c. asking our staff during a telephone call; or
d. contacting us at [email protected].

14.8

After you opt out of marketing, we may retain limited information on a suppression list so that we can record and respect your preference.

14.9

Opting out of marketing will not prevent us from sending communications that are necessary to:

a. respond to an active enquiry;
b. prepare or discuss a quotation;
c. administer an existing order or account;
d. arrange manufacture, collection or delivery;
e. issue invoices, statements or payment reminders;
f. respond to a customer-service matter; or
g. fulfil another contractual or legal obligation.

14.10

Marketing frequency may vary according to your relationship with us, your interaction with our website and our current business activity.

14.11

Standard message or data charges may apply to SMS communications depending on your mobile provider.

14.12

Delivery of email or SMS messages cannot be guaranteed and may be affected by your provider, network, device or filtering settings.

14.13

We may use third-party service providers to help manage our website, customer records, analytics and marketing communications.

14.14

Those providers may process personal data on our behalf only for authorised purposes and subject to appropriate contractual and security requirements.

14.15

We may share information with our employees, professional advisers, payment providers, IT providers, marketing-platform providers, suppliers, manufacturers, carriers and other service providers where reasonably necessary for the purposes described in these Terms and our Privacy Policy.

14.16

We do not sell personal contact details to third parties for their own independent marketing purposes.

14.17

Further information about the personal data we collect, our lawful bases, retention periods, international transfers and your data-protection rights is set out in our separate Privacy Policy.

15. General Provisions

15.1 Assignment

You may not assign, transfer, charge, subcontract or otherwise deal with your rights or obligations under a Contract without our prior written consent.

We may assign or subcontract any of our rights or obligations, provided that this does not materially reduce your contractual rights.

15.2 Entire Agreement

The Contract constitutes the entire agreement between the parties concerning its subject matter and supersedes previous discussions, correspondence, statements and representations relating to that order.

Neither party relies on any statement or representation not expressly included in the Contract, except that nothing limits liability for fraud or fraudulent misrepresentation.

15.3 Waiver

A failure or delay in exercising a right does not waive that right. A waiver is effective only where given in writing and applies only to the particular circumstances for which it was given.

15.4 Severance

If any provision of the Contract is found to be invalid, unlawful or unenforceable, it will be treated as modified to the minimum extent necessary to make it valid and enforceable.

If modification is not possible, the affected provision will be deleted without affecting the remaining provisions.

15.5 Third-Party Rights

A person who is not a party to the Contract has no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

15.6 Notices

Formal notices under the Contract must be in writing and delivered by hand, sent by prepaid first-class post or sent by email to the relevant business address or email address used in connection with the order.

A notice sent by email will be deemed received on the next working day, provided that no delivery-failure notification is received.

15.7 Relationship

Nothing in the Contract creates a partnership, joint venture, agency, fiduciary relationship or employment relationship between the parties.

16. Governing Law and Jurisdiction

16.1

The Contract and any dispute or claim arising from it will be governed by the laws of England and Wales.

16.2

The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising from or connected with the Contract.

These Terms and Conditions were last updated on 14 July 2026.