C I Trading Limited trading as Metals 2 Go STANDARD TERMS & CONDITIONS OF SALE ('this agreement')
Dated 1st July 2017
In this Agreement,
the "Customer" means any person who places an Order with Metals 2 Go (either as a private consumer or as a business);
means any items sold or supplied by Metals 2 Go under an Order;
"Metals 2 Go"
means C I Trading Limited, a company incorporated in England with company number insert and a registered address at Unit 1 Bold Industrial Park, Neills Road, Bold St Helens, Merseyside WA9 4TU, UK
means any request or order (via phone, web order) to purchase the Goods, and;
refers to the Customer and Metals 2 Go
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Metals 2 Go Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Metals 2 Go. Metals 2 Go is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Metals 2 Go does not in itself constitute acceptance by Metals 2 Go of the Order.
1.3 Metals 2 Go may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Metals 2 Go website or catalogue.
- Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Metals 2 Go website at the time of the Order.
2.2 Goods ordered in a specific quality, colour, pattern or design are sold subject to stock availability. 2.3 If any Goods are unavailable or out of stock then Metals 2 Go may cancel the Order in whole or in part and refund any monies paid or issue a credit note. Alternatively, Metals 2 Go may vary the Order with the Customer’s approval.
- Terms of Payment and Payment Methods
3.1 The Goods shall be payable at the prices listed on the Metals 2 Go website at the time of the Order. Metals 2 Go reserves the right to update prices on the Metals 2 Go website. A delivery and/or insurance charge may be payable in addition to the price of the Goods. All prices are quoted in British Pound Sterling.
3.2 Unless otherwise stated, all prices quoted exclude Value Added Tax (“VAT”). Any such VAT shall be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price/description published or advertised for Goods to be incorrect, in which case Metals 2 Go shall be under no obligation to honour the incorrect price or Order.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Metals 2 Go website.
3.5 Metals 2 Go reserves the right to charge interest at 8% above the base lending rate of the Bank of England calculated monthly on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
4.1 Full delivery prices and options are listed on the Metals 2 Go website and subject to change from time to time.
4.2 Standard Delivery will usually be completed within 5 days.
4.3 Offshore/Remote deliveries will usually be despatched as soon as possible however the actual delivery time cannot be guaranteed and will vary depending on the delivery location.
4.4 Metals 2 Go will use reasonable endeavours to meet delivery estimates in all cases however Metals 2 Go cannot be held liable for any loss or damage due to delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Metals 2 Go will not be liable for any damage, loss or disruption caused by the same.
4.7 All large products and flat packed Goods are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
4.8 Metals 2 Go will use all reasonable endeavour to deliver the goods according to the Customer’s instruction but, in the absence of the consignee at the address given for delivery, goods may be returned “unsigned for” and a partial refund given under the terms set out in this agreement.
- Warranties and Returns
5.1 Subject to the conditions in this Clause 5, Goods sold in the UK mainland may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods that have been opened, marked/soiled, damaged or used will only be entitled to a partial refund (not exceeding 60% of the purchase price) after assessment by Metals 2 Go. Goods deemed non-saleable will not be refunded and will only be returned at the Customer’s cost. Certain large or bulky items may also be subject to a restocking fee (usually £75). Certain last-in-line or special-to-order Goods may also be non-returnable and will be flagged accordingly on the Metals 2 Go website. The carriage cost of returns may be refunded in whole or in part to the Customer at the discretion of Metals 2 Go .
5.2 Goods are guaranteed against defects in accordance with the terms of the manufacturer’s warranty unless otherwise stated. Goods reported faulty within the specified warranty period may be repaired, replaced or exchanged at Metals 2 Go discretion. Parts and labour under this warranty are guaranteed in the UK mainland only.
5.3 Goods that are damaged due to delivery must be reported to Metals 2 Go within 24 hours. Goods that are missing from delivery must be reported to Metals 2 Go in writing within 7 days from delivery.
5.4 The warranties in this Clause 5 do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to use the goods for their normal intended purposes. No Goods will be sold on a ‘sale or return’ basis without prior written approval by Metals 2 Go.
5.5 Statutory rights for Customers placing Orders as private consumers (as defined by law) are not affected.
6.1 Metals 2 Go reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with Clause 3 of this Agreement.
6.2 Metals 2 Go reserves the right to cancel any Order and/or terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or appoints an Administrator, Liquidator, Receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 Metals 2 Go reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of the reasonable control of Metals 2 Go such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
- Limitation of Liability
7.1 The Customer agrees that Metals 2 Go will not be liable for any losses or damage suffered by the Customer including but not limited to damage to neighbouring or connected items or premises, consequential loss, loss of business, business interruption or loss of time due to the use or purchase of the Goods by the Customer. Metals 2 Go will not be liable for any additional damage caused by the Customer’s failure to report a fault or defect in good time. Nothing in this Agreement shall exclude Metals 2 Go statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless otherwise confirmed by Metals 2 Go.
- Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by Metals 2 Go may be subject to copyright (whether owned by Metals 2 Go or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Metals 2 Go harmless for any breach of said covenant.
9.1 This Agreement is governed by English law and the Parties shall be subject to the exclusive jurisdiction of the English courts.
9.2 Any right or obligation contained in this Agreement shall be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder shall continue in force and effect to the fullest extent permissible by law.
C I Trading Limited trading as Metals 2 Go
UK registered company no. 8901490 VAT no. 263844582
Registered office: Unit 1 Bold Industrial Park, Neills Road, Bold St Helens, Merseyside WA9 4TU United Kingdom