Terms and Conditions
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
Goods: the products (including both steel framed structure specific products and other more general products) that we are selling to you as set out in the Order. Order: your order for the Goods as set out overleaf. Terms: the terms and conditions set out in this document. We/Us: Sharp & Strong Steel Buildings Limited incorporated and registered in England and Wales (CRN 06841778) and at 22 Beech Close, Watlington, Oxon, OX49 5LL.
1.2 Headings do not affect the interpretation of these terms.
2. Our Service
2.1 In conjunction with you, and based on the information you provide to us, we will generate a bill of the materials that are required in relation to the steel framed structure that you wish to construct (Quotation Service). This will set out what Goods you require and what the related costs will be. At this point we will also quote for any other general products which you wish us to supply to you. Following your approval of our quotation, you will be sent a Pre-Oder of Goods document (Bill of Materials) which will list all your requirements and it is your responsibility to check this document and sign it ( a confirmation email as a reply to our pre-order will act as your acceptance that all details are correct) to show that all the relevant parts are listed. The settlement of a final bill of materials, our formal acceptance of your Order and your payment of the Deposit in accordance with clause 8.5 (a) we will then source and deliver the Goods to you.
2.2 For the avoidance of any doubt, we do not provide any labour to assist you with the construction of the relevant structure unless already agreed within the quotation.
2.3 We do not charge you for the Quotation Service or for an introductory site visit following our quotation. We do charge for work carried out on site such as digging for soil samples.
2.4 Demolition, disposal of waste and packaging from your materials, cartage, electrical, plumbing and drainage work are not included unless otherwise stated within the quotation supplied to you.
2.5 Sharp and Strong takes no responsibility for incorrect foundation or concrete or slab work, unless we subcontracted the ground works. Agreement between the Purchaser and relevant contractors remains exclusive of the agreement between Sharp and Strong and the Purchaser.
2.6 The Purchaser acknowledges that during any excavation work, any unforeseen obstacles, rocks, pipes, etc, are not included in this agreement and the Purchaser will pay for any additional work at their own expense. It is prudent to obtain a site investigation report to establish ground bearing and ground type conditions.
2.7 Unless we have quoted to do so, it is the Purchaser`s responsibility to connect the kit building to the storm water drainage system to the satisfaction of the relevant public authorities.
3. Planning and Building Control
3.1 The decision to gain Building Control and Planning Permission is solely at the discretion of the Purchaser. Costs associated with any council action against the Purchaser are not the responsibility of Sharp and Strong unless quoted and agreed.
3.2 The Purchaser agrees to pay for all Building Control and Planning application, insurances and fees, any public authority may require and that the Sharp and Strong has no responsibility to do so, unless otherwise stated.
3.3 The Purchaser acknowledges that it will be their responsibility to obtain all development consents and that if Sharp and Strong are to submit applications to any public authority, it is on the client’s behalf only.
3.4 Sharp and Strong may be able to submit Building Control and Planning applications on behalf of the Purchaser but only after receiving an accurate scaled site plan showing all boundaries and existing buildings.
3.5 Sharp and Strong undertakes to provide plans and specifications for the building. The plans may need to be modified to take account of the proposed site or any special requirements of either the Purchaser or any public authority for the erection of the kit. Sharp and Strong can provide a quote if requested should modifications be needed.
3.6 Any additional fees that become liable will be agreed with and be paid by the Purchaser. Should ownership of the property not have taken place, then written permission by the current owners is required.
3.7 Material Cost variations due to additional requirements imposed by the local council or governing bodies, including, but not limited to insulation and colour variations, fire conditions, ‘U’ values etc, will be borne wholly by the Purchaser.
3.8 If full Structural Calculations are required (as opposed to ground loadings), by the Purchaser these will be quoted separately by Sharp and Strong.
3.9 All drawings and plans generated by us including those sent with the quotation remain the intellectual property of Sharp and Strong Ltd. These may not be shared with any third party, authority or competitor without our consent. Should our plans and drawings be shard or used by you for the purpose of gaining planning or Building Control approval or shared with a third party for the purpose of gaining other quotations, unless the order for the building is subsequently placed with Sharp and Strong Ltd, you agree to pay £500.00 for the plans and drawings.
3.10 Sharp and Strong will not take any responsibility for Planning conditions and / or building control if the Purchaser is dealing with these themselves or via a third party unless requested to do in writing prior to order commencement. It is the responsibility o the Purchaser to obtain the conditions as necessary for the building.
4. Basis of sale
4.1 We consider that these Terms, the Order and our price list set out the whole agreement between you and us for our free Quotation Service and the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 4.5.
4.2 Any web shots, samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures or on our website, are produced solely to provide you with an approximate idea of the Goods they describe.
4.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
4.4 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
4.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order (Order Confirmation); or
(b) we notify you that the Goods are ready for delivery,
whichever is the earlier, at which point a contract shall come into existence between us.
4.6 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 4.5. A quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
4.7 We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
4.8 You may within seven calendar days of placing an Order amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.
4.9 The Purchaser agrees to grant access to power and utilities to contractors during the installation process. Should these services be unavailable at the time of installation without being accounted for at time of quotation, the Purchaser agrees to bear all costs associated with providing adequate utilities.
4.10 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4.11 Installation prices are based on having clear access to the building location and at least a 1.5 mtrs around the perimeter of the building being free of obstruction. The prices quoted by Sharp and Strong are also based on our standard method of installation. Sharp and Strong assume the base provided for the building is fit for purpose, to the overall size of our structure, square and level. Sharp and Strong will request photos of the base and surrounding area along with a verbal discussion regarding the site, before the installation team attend.
4.12 We reserve the right to either delay the erecting of your building or charge you a fee ( at our discretion) if the ground surrounding the build is not compacted suitably for the ease of access for the plant equipment.
5. The Goods
5.1 We warrant that on delivery the Goods shall:
(a) conform in all material respects with their description;
(b) be of satisfactory quality;
(c) be fit for the purpose you asked us to provide them for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
5.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
5.3 We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
5.4 These Terms apply to any additional, repaired or replacement Goods we supply to you in the unlikely event that the original Goods are not of a satisfactory standard or do not otherwise conform to these Terms.
5.5 The steel personal access doors are NOT fitted with a BS3621 mortice lock, they have a 6-point locking mechanism in the side of the door and are Kite marked.
6. Shortages, Defective Goods and Returns
6.1 On delivery, you are obliged to immediately inspect the Goods to ascertain that they conform to these Terms as regards quantity and quality.
6.2 In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery, and, in any case, within 48 hours. If possible, you should forward photographic identification to us and inform the relevant haulier at the time of delivery. We will (at our sole discretion):
(a) make up any shortages;
(b) provide you with a full or partial refund;
(c) replace the Goods; or
(d) repair the Goods.
6.3 If we do not hear from you in relation to the Goods within a period of 48 hours from delivery we will presume that the quantity and quality of the Goods is acceptable to you and we shall accept no liability to you for any shortages or defects whatsoever, save that we shall accept liability for defective Goods where the fact that they are defective would not be apparent from a thorough initial inspection.
6.4 These Terms will apply to any, additional, repaired or replacement Goods we supply to you.
7.1 We will deliver the Goods to you within 7 calendar days of the date on which we notify you that they are ready.
7.2 Delivery of the Order shall be completed when we deliver the Goods to you.
7.3 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
7.4 Materials delivery and installation timelines are provided only as a guide. Sharp and Strong accepts no liability for loss or inconvenience incurred as a result of delayed deliveries.
7.5 The materials come wrapped in various materials for the protection of the goods being delivered, should you wish us to remove the packaging from your site the cost of any skip hire will be passed onto you.
7.6 Our quotation includes delivery as a multi-drop on an articulated, curtain sided lorry. It is the purchaser’s responsibility to notify us prior to order, if delivery from such a vehicle is not possible or practical. There will be an additional delivery charge for a one stop delivery from a flat bed lorry with hiab off load facilities.
7.7 Once site access is confirmed through the Delivery Information Sheet and Call Off Sheet, the Purchaser bears all responsibility for issues arising due to lack of access. If access is not granted then the Purchaser must pay a redelivery and storage charge.
7.8 If adequate site access is not available for the delivery of materials or Purchaser is not present at time of delivery, Supplier will attempt to place materials in the most appropriate location on or near site.
7.9 If you fail to take delivery of an Order within the period of four weeks from the date on which we notify you that the Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
(a) we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance.
(b) we shall have no liability to you for late delivery.
7.10 If you have not taken delivery of the Goods within 8 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
8. Title and risk
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Materials remain the property of Sharp and Strong until fully paid for (including erecting, plant hire and scaffolding fees). Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery, erecting, plant and scaffolding/net charges.
8.3 It is the client’s responsibility to take all reasonable steps to ensure the security of plant and materials on their premises until the completion of the project. Materials signed as received, but missing from site when required will be replaced at cost to the client.
8.4 Sharp and Strong is not responsible for the placement of delivered materials and is not liable for any lost, stolen or damaged materials reported more than 48 hours after delivery.
8.5 The Purchaser warrants that he/she/they are entitled to erect the kit on the site specified. The Purchaser will clearly identify the area on which the kit is to be erected prior to commencement of any work. The Purchaser will indemnify Sharp and Strong against any claims, actions, losses or demands, which may be brought by any person claiming to be the rightful owner of the site.
9. Price and payment
9.1 The price of the Goods will be as set out in the quotation we provided to you and subsequently confirmed in writing by us. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. In the event that your instructions change and further or different Goods are required, we reserve the right to increase the price accordingly.
9.2 These prices are exclusive of VAT, which may be chargeable thereon.
9.3 Unless otherwise agreed, these prices exclude delivery costs, which will be added to the total amount due.
9.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
9.5 Unless otherwise agreed by us payment for the Goods will made on the following basis:
(a) you will pay a deposit (Deposit Payment) representing 25% of the total costs of your Order at the outset of our agreement via a bank transfer; (we do not accept cheque payments) and
(b) you will pay the remaining balance (Balancing Payment) prior to our dispatch of the Goods to you again by bank transfer.
(c) You will pay the erecting costs including any plant hire or scaffolding costs upon completion of the project again by bank transfer.
(d) In relation to Clause 9.5(c), Sharp and Strong reserve the right to ask for a percentage / token payment the erecting fees prior to completion in order to progress the project and cover costs incurred during the erecting phase due to any break in the erecting process.
We shall invoice you for the Deposit Payment and the Balancing Payment at our discretion as and when appropriate. You must pay each relevant invoice in cleared monies within 7 calendar days of the date of the invoice. We are not obliged to source the Goods for you until we receive the Deposit Payment, or deliver the Goods to you until we receive the Balancing Payment.
9.6 The full Deposit is redeemable up to 48hrs after confirmation of the final pre-order detail. For Cancellations after that period and up until 7days the proportion of materials already fabricated at the time of cancellation will be deducted from any refundable part of the deposit.
9.7 If you do not make any payment due to us by the due date a £100 compensation fee will be due under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend your Order (and any other outstanding Orders of yours) until you have paid the outstanding amounts. Under this clause Statutory Interest will also be calculated at a rate of 8% per annum to the date hereof pursuant to Section 69 of the County Court Act 1984 and continuing to accrue at a daily rate of £1.00 until payment is received in full.
9.8 Should we be required to take further action to obtain late payments, you (the Debtor) is liable for any third party costs including but not limited to High Court Sheriffs fees, Court Costs, Debt Collection agency costs, Legal Fees etc.
9.9 In the case of non payment of Goods, you will allow us the right to access your property to retrieve materials to the value outstanding.
9.10 Clause 9.6 and clause 9.8 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
10. Limitation of liability
10.1 Subject to clause 10.3 and clause 10.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
10.2 Subject to clause 10.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings;
(e) loss of data; or
(f) any waste of time.
However, this clause 10.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.3 Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) pandemic or epidemic.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Sharp & Strong Steel Buildings Limited at 22 Beech Close, Watlington, Oxon OX49 5LL. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
14.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15 Intellectual property rights
15.1 All drawings and plans generated by us including those sent with this quotation remain the intellectual property of Sharp and Strong Ltd. These may not be shared with any third party, authority or competitor without our consent. Should our plans and drawings be shard or used by you for the purpose of gaining planning or Building Control approval or shared with a third party for the purpose of gaining other quotations, without the order for the building being subsequently placed with Sharp and Strong Ltd, you agree to pay £500.00 for the plans and drawings.
These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts