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CONDITIONS OF SALE


1. DEFINITION

In these Conditions "the Company” shall mean Industrial Metal Services Ltd.
and/or any subsidiary company and "the Buyer" shall mean any person, firm,
company or other organisation placing an order with the Company. The titles of
these conditions are not part of them and are for convenience of reference only.




2. APPLICATION & VARIATION OF CONDITIONS

These Conditions shall be incorporated in all contracts for the sale of goods by
the Company and any provision of the Buyer's order which is inconsistent with
them shall be of no effect. These conditions cannot be varied without the prior
written agreement of the Company stating the variation and referring expressly
to the condition which is to be varied.




3. DELIVERY DATES

Dates or periods quoted for delivery are approximate, given for information only
and time shall not be of the essence in relation to them. Failure by the Company
to comply with any such dates or periods shall not constitute a breach of
contract and shall not entitle the Buyer to treat the contract as terminated or
to any other remedy against the Company.




4. FORCE MAJEURE

Notwithstanding any variation of Condition 3 in accordance with Condition 2, the
Company shall not be liable for delay in delivery or failure to make delivery of
any goods due to force majeure, including but without prejudice to the
generality of the foregoing war, rebellion, revolution, strikes, lockouts,
breakdown of plant or governmental or other regulations, rules, laws or decrees.
The Company will take the measures it deems appropriate to guard against the
consequences of such force majeure.




5. PRICES

Unless fixed prices have been expressly agreed by the Company the price payable
by the buyer shall be the company's price prevailing at the date of despatch of
each delivery. Prices may be subject to a delivery charge and to charges for
test certificates where appropriate and are subject to the addition of V.A.T.




6. SURCHARGES

Irrespective of prices being fixed or variable, the Company reserves the right
to add surcharges such as for alloy or scrap content or any other factor as
imposed by the producer of the goods, and with immediate effect whenever such a
charge is made.




7. PAYMENT

Payment is due by the end of the month following the month of despatch. The
Company shall be entitled to charge interest on any sums not so paid. Such
interest shall be calculated on a day-to-day basis on the amount outstanding
from the due date of payment at a rate of 3% in excess of the highest rate at
which The Bank of Scotland base lending rate stood at any time within which the
debt remained unpaid. The Buyer shall not be entitled to withhold payment of any
sums due to the Company by reason of any disputed claim of the Buyer for
defective goods or alleged breach of the contract by the Company. The Company
reserves the right to require payment on the basis of cash with order.




8. PACKING

Where the goods are packed or protected as specified in the contract or in the
event of no such specification the goods are delivered without any or sufficient
packing or protection the Company shall not be liable for any deterioration or
damage suffered by the goods during carriage or delivery.




9. DELIVERY

a) In the U.K. - In all cases the Buyer warrants that in cases where delivery is
to be made by Road Transport sufficient and suitable access to the said
destination including a road surface capable of withstanding the weight and size
of the transport and loads involved is available. In the event of any additional
costs or expense being incurred by the Company due to any breach of such
warranty the Buyer shall reimburse the Company the full amount thereof on
demand.

b) Outside the U.K. the delivery shall be F.O.B. to such U.K. point of departure
as is mentioned in the Buyer's order unless otherwise agreed in writing.

c) If the Buyer refuses to accept delivery of any consignment of the goods
during the time agreed for delivery without valid reason the Company has the
right to make an additional charge to cover the extra cost caused by the
refusal.




10. ACCEPTANCE

The Buyer shall be deemed to have accepted the goods and it shall be
conclusively agreed that the goods are in accordance with the contract unless:

a) within 48 hours after receipt of the goods and prior to their use or resale
the Buyer serves on the Company a written notice specifying the alleged defect
in the quality or state of the goods which would be apparent upon careful
inspection or by such testing as it is reasonable in all the circumstances for
the Buyer to undertake and thereafter provides the Company with a reasonable
opportunity of inspecting or testing the goods before they are used or resold.

b) if the alleged defect in the quality or state of the goods would not be
apparent upon careful inspection or reasonable testing the Buyer serves on the
Company written notice of such defect forthwith upon its discovery and in any
event not more than 4 months after receipt of the goods specifying the matters
complained of and affording the Company a reasonable opportunity of inspecting
the goods before any making good or replacement is undertaken.




11. DEFECTIVE GOODS

a) Provided that the Buyer has complied with Condition 10, if the goods or any
part thereof are defective in quality or state or (except for any discrepancy in
weight or quantity) otherwise not in accordance with the Contract then if the
Company and the Buyer do not agree that the Buyer shall accept the goods at an
agreed value or that the goods should be made good at the Company's expense the
Company will accept the return of the goods by the Buyer and at the Buyer's
option either:

(i) repay or allow the Buyer the invoice price thereof and any reasonable costs
incurred by the Buyer for the purpose of transporting the goods back to the
Company; or

(ii) replace the goods by delivering replacement goods as soon as reasonably
practicable and in all other respects in accordance with the Contract.

b) The obligations of the Company under Section (a) of this Condition are in
substitution for any other legal remedy of the Buyer and the liability of the
Company shall for all purposes be limited to the cost of making good, the giving
of any appropriate credit or repayment or the replacement of the goods in
accordance with that Section. Under no circumstances shall the Company be liable
for any other loss damage or expense occasioned by any breach of contract
negligence or breach of any duty of the Company whatsoever and howsoever such
loss or damage or expense may have been caused. The Company shall not be liable
for any loss or damage the Buyer may suffer by reason of its use or sale of the
goods after the Buyer has become aware of a defect therein or ought in all
circumstances to have become so aware.

c) Where processing of the goods has been carried out by a third party, the
Company's liability is limited to the processor's warranty as to the process or
the effect the process may have had on the goods themselves.

d) In no circumstances will the Company be responsible for loss or damage beyond
that expressly referred to in this clause (other than non-excludable liability
for death or personal injury resulting from negligence on the part of the
Company) and in particular liability for any form of consequential loss is
excluded.




12. STANDARDS

The goods will be supplied within the tolerances stated in the current British
Standard/European Standard for the appropriate product, where such a standard
exists, unless it has been expressly agreed otherwise, in writing, by the Buyer.
Any condition warranty or undertaking as to the fitness or suitability of the
goods for any purpose known by the Company or which may be implied by custom of
the trade or by statute or otherwise are hereby excluded and any statement in a
British or European Standard as to suitability of the goods for any purpose
shall give rise to no legal liability on the part of the Company.




13. RISK

The risk in the goods but not the ownership shall pass to the Buyer upon
delivery. Delivery shall be deemed to take place:

a) in the case of goods to be collected from the Company's premises by the Buyer
or by the Buyer's agent (including any independent carrier engaged by the Buyer)
— at the time when the loading of the goods on to the vehicle collecting them is
completed;

b) when goods are delivered by the Company's transport (including any
independent carrier engaged by the Company) - at the moment the goods are lifted
from the delivery vehicle.




14. RETENTION OF TITLE AND REPOSSESSION

Property in the goods shall remain with the Seller until the price thereof and
all other sums otherwise due by the Buyer to the Seller are paid to the Seller
in full. Until property in the goods has passed to the Buyer (and without
prejudice to its other rights) the Company and its employees and agents (with
such plant and vehicles as the Company considers necessary) shall be entitled to
enter any premises where the goods are located to inspect the goods and if any
of the events specified in paragraphs (a), (b), (c) or (d) of Condition 17 has
occurred without prior notice to the Buyer to re-possess, take away and re-sell
the goods.




15. WEIGHT

Claims for non delivery, discrepancy in weight or damage must be notified within
seven days of the date of despatch. All goods are sold on the basis of weighed
weight or calculated weight or quantity according to the Company's practice for
that product. Sizes are supplied within the rolling tolerances as laid down by
the producers. Where weighed weight is chargeable, the count is not guaranteed
and claims based solely upon count cannot be accepted. The Company shall be
deemed to have fulfilled the contract if the goods delivered are within a
tolerance of 10 per cent above or below the quantity ordered.




16. CANCELLATION

Orders cannot be cancelled except with the Company's consent and on terms which
will indemnify the Company against loss and expenses incurred. Any good returned
to the Company maybe subject to a 25% handling and restocking fee. Any goods
returned without the Company's consent will not be accepted for credit.




17. TERMINATION

The Company shall be entitled, without prejudice to its other rights and
remedies, either to terminate wholly or in part any or every contract between
itself and the Buyer or to suspend any further deliveries under any or every
such contract in any of the following events:

a) Any diligence or other legal process being levied upon any of the Buyer's
assets.

b) If any debt is due and payable by the Buyer to the Company but is unpaid;

c) If the buyer has failed to take delivery of any goods under any contract
between it and the Company otherwise than in accordance with the Buyer's
contractual rights;

d) If the Buyer becomes insolvent or enters into any composition or arrangement
(including a voluntary arrangement) with his creditors or being a body corporate
has passed a resolution for voluntary winding-up except where solely for the
purpose of amalgamation or reconstruction or if a petition has been presented
for an order for its winding-up or for a receiver (including an administrative
receiver) or administrator to be appointed or if any such order or appointment
is made or if being an individual or partnership the Buyer suspends payment of
his or their debts in whole or in part or if an application has been made for an
interim order or a petition has been presented for a bankruptcy order or if any
such order is made or if the Buyer whether or not a body corporate shall carry
out or be subject to any analogous act or proceedings under foreign law. In the
event of a termination by the Company of the contract in accordance with
sections (a), (b), (c) or (d) above or any cancellation and/or repudiation of
the contract by the Buyer the Company shall be entitled to recover as damages
from the Buyer the following:

(i) The value including any work completed or goods manufactured at the date of
termination.

(ii) The value of any work begun or goods begun to be manufactured but not
completed at the date of termination including the cost of materials, labour,
overheads and profit in connection therewith.

(iii) A sum representing any further profit which the Company would have made on
the contract but for its termination such profit to be determined by the
Company's Auditors whose decision shall be conclusive and binding on the Buyer.




18. WAIVER

The rights of the Company and the Buyer shall not be prejudiced or restricted by
any indulgence or forbearance extended by either party to the other and no
waiver by either party in respect of any breach shall operate as a waiver in
respect of any subsequent breach.




19. ASSIGNMENT

The contract shall not be assigned by the Buyer to any third party without the
prior written consent of the Company.




20. SPECIFICATION

a) The Buyer shall be solely responsible for the accuracy of any drawings,
specifications or other information supplied to the Company by the Buyer, its
employees or agents and in conformity with which the Company is to supply the
goods or is to apply any process or service in relation to goods of the Buyer
notwithstanding that the Company may have examined, inspected, studied or
commented to the Buyer upon any such drawings, specifications or other
information.

b) The Buyer shall indemnify the Company against all actions, proceedings,
claims, costs and expenses which may be brought against or incurred by the
Company by reason of its supplying the goods or applying any process or service
in relation to goods of the Buyer in accordance with any such drawings,
specifications or other information whether or not it is alleged in such
actions, proceedings and claims that any patent, trademark, design, copyright or
other intellectual property or other exclusive right of any third party has been
infringed.




21. BUYER'S ACKNOWLEDGEMENT AND UNDERTAKING

The Buyer acknowledges having been supplied by the Company with all necessary
information concerning any possible danger to health or safety of the Buyer's
employees at work emanating from or associated with the goods supplied in this
contract and undertakes to ensure as regards the use to which the goods are made
at the Buyer's place of work that the provisions of the Health and Safety at
Work Act 1974 and in particular the provisions of Section 6 thereof shall be
fully complied with and agreed to indemnify and keep indemnified the Company in
respect of any claim or costs which the Company may have to meet arising
directly or indirectly out of the supply of the goods forming part of this
contract to the Buyer and due to the Buyer's failure to properly comply with the
terms of this undertaking or the provisions of the said Act or any other
Statutory provisions or modifications thereof.




22. LAW OF THE CONTRACT

The contract shall in all respects be governed by the Law of Scotland and shall
be deemed to have been made in Scotland and the Scottish Courts shall have
jurisdiction in connection therewith or in connection with any question arising
hereunder. In particular it is hereby declared and agreed that the Uniform Laws
on International Sales Act 1967 and any statutory modification or reenactment
thereof shall not apply to the Contract of which the foregoing are conditions.




23. NOTICES

Any notice authorised or required to be given pursuant to these Conditions shall
in the case of a notice to the Company be sent to it at its registered office
and shall in the case of a notice to the Buyer be sent to the Buyer at its
registered office if the Buyer is a company and in any other case to the address
of the Buyer last known to the Company. Any such notice may be given by hand, by
post or by telex. To prove service in the case of a notice given by post it
shall be sufficient to show that the notice was despatched by first class
recorded delivery service in a correctly addressed and adequately stamped
envelope and to prove service in the case of notice given by telex it shall be
sufficient to show that the telex transmission was made to the correct telex
number. Service shall be deemed to have been affected 24 hours after despatch by
post or telex transmission.




INTELLECTUAL PROPERTY


1. ACCURACY OF INFORMATION

The information contained on this site (including any expression of opinion or
forecast) has been obtained from, or is based on, sources believed by Industrial
Metal Services to be reliable, but it is not guaranteed as to its accuracy or
completeness. Such information is provided without obligation on the part of
Industrial Metal Services on the understanding that any person who acts upon it
or changes his investment or lending position in reliance on it does so entirely
at his own risk. Information posted on this site is current only as at the date
it is first posted and may no longer be true or complete when viewed by you. All
information contained on this site may be changed or amended without prior
notice.




2. NO LIABILITY

No representation, warranty or undertaking is given as to the accuracy or
completeness of the information contained on this site by Industrial Metal
Services and no liability is accepted by such persons for the accuracy and
completeness of such information. In no event will Industrial Metal Services be
liable to any person for any direct, indirect, special or consequential damages
arising out of any use of the information contained on this site, including
without limitation, any lost profits, business interruptions, loss of programmes
or data on your equipment, or otherwise, even if Industrial Metal Services is
expressly advised of the possibility or likelihood of such damages. This does
not exclude or restrict any duty or liability that Industrial Metal Services has
to its customers under the regulatory system in the United Kingdom.

You should be aware that the internet is not a completely reliable transmission
medium. Industrial Metal Services does not accept any liability for any data
transmission errors such as data loss or damage or alteration of any kind,
including, but not limited to any direct, indirect or consequential damage,
arising out of the use of the products or services referred to herein. This does
not exclude or restrict any duty or liability that Industrial Metal Services has
to its customers under the regulatory system in the United Kingdom.




3. COPYRIGHT, TRADEMARKS AND OTHER RIGHTS

Copyright, trademarks, database rights, patents and all similar rights in this
site and the information contained in it are owned by Industrial Metal Services,
its licensors or relevant third party content providers. You may use the
information on this site and reproduce it in hard copy for your personal
reference only. Such information may not otherwise be reproduced, distributed or
transmitted to any other person or incorporated into another database, document,
or other materials. Nothing on this site should be considered as granting any
licence or right under any trademark of Industrial Metal Services.

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Metalstock House, Vanguard Way Shoeburyness, Essex. SS3 9RE

Tel: 01702 296955

sales@industrialmetal.co.uk

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