Fixings & Fastenings | Forgefix

Terms & Conditions

Conditions of Sale

1. General

“The Company” means Forgefix Limited and “The Customer” means the person, firm or company to whom a quotation is addressed or whose order is accepted by the Company and “the goods” means the goods the subject of such quotation or order.
All prices quoted by the company are based upon these Conditions of Sale and reflect the limitations upon the Company’s liability, which they contain. Should any customer wish to contract the Company otherwise than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by the Company.
In the absence of any such special arrangements (which shall not bind the Company unless made in writing and signed on the Company’s behalf by a person duly authorised for that purpose) all quotations given and all contracts made by the Company and any additions or amendments there shall be subject to these Conditions of Sale which supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.
No agent or salesman of the Company had authority to give any guarantee or warranty on behalf of the Company or to transact business other than on the (unamended) terms of these Conditions of Sale.

2. Limits of Contract

No binding contract is created until an order is accepted by the Company and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time.

3. Technical Data

All drawings, descriptive matter, price lists or advertisements whether or not supplied with this quotation or tender are approximate only and intended merely to give general idea of the goods described therein and shall not form part of the contract. The company offers it’s designs for the Customer’s approval. Unless supplied or approved by the Company it undertakes no responsibility for sites or foundations, or for any framework or support, or for compliance with any local byelaws or statuary regulations, or for the fulfilment of any special requirements with the Customer may be bound to observe or fulfil.

4. Title

The implied undertakings as to title etc. set out in section 12 of the Sale of Goods Act 1979 shall be express terms of the contract between the Company and the Customer.

5. Price

Unless a quotation or tender have been submitted the price of the goods shall be the price ruling at the date of despatch notwithstanding any price specified in any order or order acceptance.
If a quotation or tender has been submitted by the Company it will accept orders which are received within the time limit specified therein at the price stated in that quotation or tender.
The price of the goods shall be subject to the addition if Value Added and other taxes and the costs of any special packing required by Customer.
Any increase in costs or expenses arising from any act or omission or any modifications made at the Customer’s request may, at the Company’s option, be changed to the Customer.

6. Variations to Specification

The goods shall conform with the Company’s specification for the goods a copy of which is available from the Company for inspection.
The company reserves the right to substitute other components material of equivalent strength and quality when the component or materials specified are not readily available. Further the Company reserves the right to make modifications to any product without prior notuce in the interest of technological improvements.

7. Customer’s Pattern

In the case of goods made specially or to the Customer’s pattern, the Company reserves the right to supply 10% more or less than Quantity ordered and will adjust the payment due pro rata. At no time after the manufacture of such special goods or the tools therefore is commenced can the Customer cancel an order.
When the goods are made to the Customer’s specification or pattern the Customer warrants that any designs drawings or similar information or any models specimens or similar articles provided to the Company sae his won unencumbered property and will indemnify the Company against all and any costs, expenses, damages and penalties as a result of, or in connection with any infringement or alleged infringement of any patent or design or any other right whether or not of the same nature as the foregoing in relation to which any third party may be entitled arising out of the use of any drawings, designs, specifications, models or specimens or other information or articles furnished by or instructions given from them Customer.

8. Delivery

Any timer or date for the despatch or delivery of goods or for the completion of work whether specified on the Company’s quotation or otherwise given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the contract or otherwise, In no circumstances shall the company be liable for any loss or damage sustained by the Customer in consequence of failure to deliver within such time or by such date or in consequence of any other delay in delivery however caused.
Unless otherwise agreed in writing, delivery shall be made at the premises specified by the customer. Subject in Condition 8 (4) the risk in the goods shall pass to the Customer upon delivery.
The Company may deliver the goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon The Terms of these Conditions of Sale.
If delivery of the goods is delayed through act or omission of the Customer, the Company may put the goods into storage at the Customer’s risk and expense.
All goods will be conveyed free except orders below minimum level at the time of placing an order, Such minimum level having been notified to the Customer prior to the date of any such order.
No allowance can be made for carriage where goods are collected from the Company’s warehouse by the customer or where goods are delivered to the Customers local depot.
No carriage will be paid by the Company on any goods sent by passenger train, parcel post or by air unless the Company has accepted prior responsibility.
The company reserves the right to charge for pallets and other such containers.

9. Loss or Damage in Transit

The company shall not in any event be liable for any loss or damage to the goods whilst in transit unless written notice thereof is given to the Company by the Customer (a) in the case of loss of or damage to goods delivered to the Customer within 3 days of the date of delivery of (b) in the case of goods not delivered within 7 days of the date upon which the Customer is notified that the goods have been consigned for delivery. Provided that if the Customer proves (i) that it was not reasonably possible for him to give such notice to the Company within the appropriate period and (ii) that notice was given within a reasonable time the Company shall not be entitled to rely on time limits stipulated by this condition.
The company shall not in any event be liable for any loss of or damage to the goods where the goods are transported by an outside freight carrier unless the Customer has complied in all respects with the freight carriers conditions of carriage for notifying claims for loss or damage in transit.
Any liability which the Company may incur for loss or damage to the goods whilst in transit shall and in no case exceed the invoice value of the goods and in no circumstances shall the Company be liable for any indirect to consequential loss however caused.

10. Payment

Unless otherwise agreed in writing, all accounts shall be paid nett at the Company’s registered office on or before the last day of the month following the date of the Company's invoice. Only the Company's official receipt will be treated as valid.
The Company shall be entitled to charge interest on all overdue accounts at a rate of 2% per month on the outstanding balance.
Notwithstanding Condition 10 (1) the Company shall without prejudice to its other rights have the right by notice in writing to the Customer to demand immediate payment of all monies due from Customer to the Company for any goods delivered at any time .
If payment of any account shall not take place on or before the date for payment specified in Condition 10 (1) or 10 (2) (as appropriate) or if the Company's rights under Condition 12 shall become exercisable, any trade discount which the quoted price shall forthwith cease to apply and the full quoted price shall be due and payable by the Customer to the Company.

11. Passing of Property

The goods shall remain the sole and absolute property of the Company until such time as the Customer shall have paid to the Company the agreed price together with the full price of any other goods the subject of any other contract with the Company.
The Company acknowledges that the Customer is in possession of goods solely as bailee for the Company until such time as the full price thereof is paid to the Company together with the full price of any other goods the subject of any other contract with the Company.
Until such a time as the Customer becomes the owner of the goods, the Customer will store them on his/her premises separately from the customers own goods or those of any other person an in a manner which makes them readily identifiable as the goods of the Company.
The Customer’s right to possession of the goods shall cease if he/she not being a Company, commits an available act of bankruptcy or if he/she, being a Company does anything or fails to do anything which would entitle a Receiver to take any possession of assets or fails to do anything which would entitle a Receiver to take possession of any assets or which would enable any person to present a petition of winding-up. The company may for purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
Subject to the terms hereof, the Customer is licensed by the Company at agree to sell the Company's goods subject to the express condition that such an agreement to sell shall take palace as agents and bailees for the Company whether the Customer sells his own account or not and that the entire proceeds thereof are held in trust for the account and shall be at all times identifiable as the Company’s monies.
If the Customer has not received the proceeds of any such sale, he will upon being called upon so to do by the Company, within 7 days thereof assigned to the Company all rights against the person or persons to whom the Customer has supplied the goods.

12. Suspension or cancellation of Deliveries

If the Customer shall fail to pay the Company on the due date any sum payable hereunder, or shall have a receiving order in bankruptcy made against him, or make any arrangements to his Creditors, or being a body corporate shall have a Receiver appointed or if any order shall be made or any resolution passed for winding-up the same, the Company may, without prejudice to its other rights, demand immediate payment by the Customer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Company and the Customer without any liability attaching to the Company in respect of such suspension or cancellation and debit the Customer with out any loss sustained thereby.
If the Customer cancels his/her order, the Company shall be entitled to recover any loss sustained thereby from him/her.

13. Guarantee

Subject to conditions 13 (2) and 14 (2) the Company undertakes at its option to repair or replace the goods (or part in question) which are shown to be defective (fair wear and tear excepted) in materials or workmanship within 12 months or the period indicated in the Company's specification for the goods of delivery free of charge.
The Customer shall give the Company the opportunity to inspect and test any goods which are alleged to be defective at the place of installation and shall, if requested by the Company so to do, return the defective goods to the Company at the customers expense if so requested by the Company. Any repaired or replaced goods shall be delivered by the Company free of charge to the original point of delivery but otherwise in accordance with and subject to these conditions. The Customer shall pay the Company, the Company's reasonable costs in inspecting the goods under this condition if the company finds that the goods are not defective by reason of any act, neglect or default of the Company.
The Company shall be under no liability under condition 13 (1) if:-

The Customer has not complied with the fitting instructions of the Company in respect of the goods or:-
The Customer has failed to maintain the goods in accordance with the recommended maintenance procedures;
The Customer fails or refuses to pay in full for the goods ; or
The Customer has executed or attempted to execute repairs or alterations to the goods which are not authorised but the Company ; or
The company has not been notified of any defect in the goods within 1 month of the defect becoming apparent.

The Company is willing to provide agreed reasonable training in the fitting and use of the goods to the customer and any sub contractor or Customer of the Customer upon requests to assist in compliance with the fitting instructions. The Company undertakes to repair or replace at the option of the Company, any goods which are shown to be defective in material or workmanship within 12 months of delivery. Provided that the Company shall be under no liability under the said guarantee if:-

The customer has not paid in full for the goods.
The Customer has executed or attempted to execute repairs or alterations to goods which are not authorised by the Company or has failed in any other respect to adhere strictly to the Terms hereof or
The Company has not been notified on any defect within 1 month of the defect becoming apparent.

14. Exclusion of Liability

The Company's guarantee is provided by the Company and accepted by the Customer in substitution for all expenses or implied representation conditions and warranties statuary or otherwise as to (a) The state quality fitness for purpose or performance of the goods and (b) the standard of the Company's workmanship and the state quality fitness or performance of any materials used in connection and warranties are hereby expressly excluded.
Except for any liability which it may incur for death or personal injury resulting from negligence the Company shall not be liable in any manner whatsoever whether in contact, in tort, in misrepresentation or otherwise for any consequential or other loss damage or injury however caused which may arise out of or in connection with the supply of goods to or the execution of any work for the Customer (including goods supplied and work executed under said guarantee).
The Company shall incur no liability howsoever arising by reason of the goods being defective in design.
Should the goods be subjected to any process or processes after leaving the Company's premises then the Company shall have no liability in relation to these goods howsoever such a liability shall arise.

15. Lien

The Company shall have a general lien in respect of all sums due from the Customer upon all goods to be supplied to such Customer or upon which work have been done on the Customer’s behalf and upon 14 days written notice to the Customer, may sell such goods and apply the proceeds towards the satisfaction of the sums due to the Company.

16. Force Majeure

If the performance of the contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company the Company shall have the right as its option (a) to suspend further performance of the contract until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance of and liability under the contract and it the Company exercises such right the Customer shall thereupon pat the contract price less a reasonable allowance for what has not been performed by the Company.

17. Severance

If any condition herein shall be deemed void for any reason whatsoever, but would be valid if part of the wording thereof were deleted any such condition shall apply with such modifications as maybe necessary to make it valid and effective.

18. “Deals as Consumer”

Nothing in these conditions shall effect the statutory rights of a Customer who in relation to the Company “deals as consumer” as defined in Section 12 of the Unfair Contract Terms Act 1977 or any amendments or modifications thereof

19. The contract shall be construed in accordance with English Law and shall be subjected to the jurisdiction of the English Courts and the parties agree to the exclusive jurisdiction of the Manchester High or County Court as appropriate.

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Screws Fixings Bolts & Nuts Nails Galvanised Banding Drill Bits & Accessories Blister Packs Merchant Bags Ladders Delivery Drop Box Safes	Terms & Conditions Conditions of Sale 1. General “The Company” means Forgefix Limited and “The Customer” means the person, firm or company to whom a quotation is addressed or whose order is accepted by the Company and “the goods” means the goods the subject of such quotation or order. All prices quoted by the company are based upon these Conditions of Sale and reflect the limitations upon the Company’s liability, which they contain. Should any customer wish to contract the Company otherwise than on the terms of such Conditions of Sale special arrangements can be made and a revised price quoted by the Company. In the absence of any such special arrangements (which shall not bind the Company unless made in writing and signed on the Company’s behalf by a person duly authorised for that purpose) all quotations given and all contracts made by the Company and any additions or amendments there shall be subject to these Conditions of Sale which supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer. No agent or salesman of the Company had authority to give any guarantee or warranty on behalf of the Company or to transact business other than on the (unamended) terms of these Conditions of Sale. 2. Limits of Contract No binding contract is created until an order is accepted by the Company and all prior correspondence or oral communications are to be regarded as superseded and not forming part of the contract. Prices quoted are subject to revision for errors and omissions at any time. 3. Technical Data All drawings, descriptive matter, price lists or advertisements whether or not supplied with this quotation or tender are approximate only and intended merely to give general idea of the goods described therein and shall not form part of the contract. The company offers it’s designs for the Customer’s approval. Unless supplied or approved by the Company it undertakes no responsibility for sites or foundations, or for any framework or support, or for compliance with any local byelaws or statuary regulations, or for the fulfilment of any special requirements with the Customer may be bound to observe or fulfil. 4. Title The implied undertakings as to title etc. set out in section 12 of the Sale of Goods Act 1979 shall be express terms of the contract between the Company and the Customer. 5. Price Unless a quotation or tender have been submitted the price of the goods shall be the price ruling at the date of despatch notwithstanding any price specified in any order or order acceptance. If a quotation or tender has been submitted by the Company it will accept orders which are received within the time limit specified therein at the price stated in that quotation or tender. The price of the goods shall be subject to the addition if Value Added and other taxes and the costs of any special packing required by Customer. Any increase in costs or expenses arising from any act or omission or any modifications made at the Customer’s request may, at the Company’s option, be changed to the Customer. 6. Variations to Specification The goods shall conform with the Company’s specification for the goods a copy of which is available from the Company for inspection. The company reserves the right to substitute other components material of equivalent strength and quality when the component or materials specified are not readily available. Further the Company reserves the right to make modifications to any product without prior notuce in the interest of technological improvements. 7. Customer’s Pattern In the case of goods made specially or to the Customer’s pattern, the Company reserves the right to supply 10% more or less than Quantity ordered and will adjust the payment due pro rata. At no time after the manufacture of such special goods or the tools therefore is commenced can the Customer cancel an order. When the goods are made to the Customer’s specification or pattern the Customer warrants that any designs drawings or similar information or any models specimens or similar articles provided to the Company sae his won unencumbered property and will indemnify the Company against all and any costs, expenses, damages and penalties as a result of, or in connection with any infringement or alleged infringement of any patent or design or any other right whether or not of the same nature as the foregoing in relation to which any third party may be entitled arising out of the use of any drawings, designs, specifications, models or specimens or other information or articles furnished by or instructions given from them Customer. 8. Delivery Any timer or date for the despatch or delivery of goods or for the completion of work whether specified on the Company’s quotation or otherwise given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the contract or otherwise, In no circumstances shall the company be liable for any loss or damage sustained by the Customer in consequence of failure to deliver within such time or by such date or in consequence of any other delay in delivery however caused. Unless otherwise agreed in writing, delivery shall be made at the premises specified by the customer. Subject in Condition 8 (4) the risk in the goods shall pass to the Customer upon delivery. The Company may deliver the goods in instalments and invoice the Customer as if each instalment comprised a separate contract upon The Terms of these Conditions of Sale. If delivery of the goods is delayed through act or omission of the Customer, the Company may put the goods into storage at the Customer’s risk and expense. All goods will be conveyed free except orders below minimum level at the time of placing an order, Such minimum level having been notified to the Customer prior to the date of any such order. No allowance can be made for carriage where goods are collected from the Company’s warehouse by the customer or where goods are delivered to the Customers local depot. No carriage will be paid by the Company on any goods sent by passenger train, parcel post or by air unless the Company has accepted prior responsibility. The company reserves the right to charge for pallets and other such containers. 9. Loss or Damage in Transit The company shall not in any event be liable for any loss or damage to the goods whilst in transit unless written notice thereof is given to the Company by the Customer (a) in the case of loss of or damage to goods delivered to the Customer within 3 days of the date of delivery of (b) in the case of goods not delivered within 7 days of the date upon which the Customer is notified that the goods have been consigned for delivery. Provided that if the Customer proves (i) that it was not reasonably possible for him to give such notice to the Company within the appropriate period and (ii) that notice was given within a reasonable time the Company shall not be entitled to rely on time limits stipulated by this condition. The company shall not in any event be liable for any loss of or damage to the goods where the goods are transported by an outside freight carrier unless the Customer has complied in all respects with the freight carriers conditions of carriage for notifying claims for loss or damage in transit. Any liability which the Company may incur for loss or damage to the goods whilst in transit shall and in no case exceed the invoice value of the goods and in no circumstances shall the Company be liable for any indirect to consequential loss however caused. 10. Payment Unless otherwise agreed in writing, all accounts shall be paid nett at the Company’s registered office on or before the last day of the month following the date of the Company's invoice. Only the Company's official receipt will be treated as valid. The Company shall be entitled to charge interest on all overdue accounts at a rate of 2% per month on the outstanding balance. Notwithstanding Condition 10 (1) the Company shall without prejudice to its other rights have the right by notice in writing to the Customer to demand immediate payment of all monies due from Customer to the Company for any goods delivered at any time . If payment of any account shall not take place on or before the date for payment specified in Condition 10 (1) or 10 (2) (as appropriate) or if the Company's rights under Condition 12 shall become exercisable, any trade discount which the quoted price shall forthwith cease to apply and the full quoted price shall be due and payable by the Customer to the Company. 11. Passing of Property The goods shall remain the sole and absolute property of the Company until such time as the Customer shall have paid to the Company the agreed price together with the full price of any other goods the subject of any other contract with the Company. The Company acknowledges that the Customer is in possession of goods solely as bailee for the Company until such time as the full price thereof is paid to the Company together with the full price of any other goods the subject of any other contract with the Company. Until such a time as the Customer becomes the owner of the goods, the Customer will store them on his/her premises separately from the customers own goods or those of any other person an in a manner which makes them readily identifiable as the goods of the Company. The Customer’s right to possession of the goods shall cease if he/she not being a Company, commits an available act of bankruptcy or if he/she, being a Company does anything or fails to do anything which would entitle a Receiver to take any possession of assets or fails to do anything which would entitle a Receiver to take possession of any assets or which would enable any person to present a petition of winding-up. The company may for purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. Subject to the terms hereof, the Customer is licensed by the Company at agree to sell the Company's goods subject to the express condition that such an agreement to sell shall take palace as agents and bailees for the Company whether the Customer sells his own account or not and that the entire proceeds thereof are held in trust for the account and shall be at all times identifiable as the Company’s monies. If the Customer has not received the proceeds of any such sale, he will upon being called upon so to do by the Company, within 7 days thereof assigned to the Company all rights against the person or persons to whom the Customer has supplied the goods. 12. Suspension or cancellation of Deliveries If the Customer shall fail to pay the Company on the due date any sum payable hereunder, or shall have a receiving order in bankruptcy made against him, or make any arrangements to his Creditors, or being a body corporate shall have a Receiver appointed or if any order shall be made or any resolution passed for winding-up the same, the Company may, without prejudice to its other rights, demand immediate payment by the Customer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Company and the Customer without any liability attaching to the Company in respect of such suspension or cancellation and debit the Customer with out any loss sustained thereby. If the Customer cancels his/her order, the Company shall be entitled to recover any loss sustained thereby from him/her. 13. Guarantee Subject to conditions 13 (2) and 14 (2) the Company undertakes at its option to repair or replace the goods (or part in question) which are shown to be defective (fair wear and tear excepted) in materials or workmanship within 12 months or the period indicated in the Company's specification for the goods of delivery free of charge. The Customer shall give the Company the opportunity to inspect and test any goods which are alleged to be defective at the place of installation and shall, if requested by the Company so to do, return the defective goods to the Company at the customers expense if so requested by the Company. Any repaired or replaced goods shall be delivered by the Company free of charge to the original point of delivery but otherwise in accordance with and subject to these conditions. The Customer shall pay the Company, the Company's reasonable costs in inspecting the goods under this condition if the company finds that the goods are not defective by reason of any act, neglect or default of the Company. The Company shall be under no liability under condition 13 (1) if:- The Customer has not complied with the fitting instructions of the Company in respect of the goods or:- The Customer has failed to maintain the goods in accordance with the recommended maintenance procedures; The Customer fails or refuses to pay in full for the goods ; or The Customer has executed or attempted to execute repairs or alterations to the goods which are not authorised but the Company ; or The company has not been notified of any defect in the goods within 1 month of the defect becoming apparent. The Company is willing to provide agreed reasonable training in the fitting and use of the goods to the customer and any sub contractor or Customer of the Customer upon requests to assist in compliance with the fitting instructions. The Company undertakes to repair or replace at the option of the Company, any goods which are shown to be defective in material or workmanship within 12 months of delivery. Provided that the Company shall be under no liability under the said guarantee if:- The customer has not paid in full for the goods. The Customer has executed or attempted to execute repairs or alterations to goods which are not authorised by the Company or has failed in any other respect to adhere strictly to the Terms hereof or The Company has not been notified on any defect within 1 month of the defect becoming apparent. 14. Exclusion of Liability The Company's guarantee is provided by the Company and accepted by the Customer in substitution for all expenses or implied representation conditions and warranties statuary or otherwise as to (a) The state quality fitness for purpose or performance of the goods and (b) the standard of the Company's workmanship and the state quality fitness or performance of any materials used in connection and warranties are hereby expressly excluded. Except for any liability which it may incur for death or personal injury resulting from negligence the Company shall not be liable in any manner whatsoever whether in contact, in tort, in misrepresentation or otherwise for any consequential or other loss damage or injury however caused which may arise out of or in connection with the supply of goods to or the execution of any work for the Customer (including goods supplied and work executed under said guarantee). The Company shall incur no liability howsoever arising by reason of the goods being defective in design. Should the goods be subjected to any process or processes after leaving the Company's premises then the Company shall have no liability in relation to these goods howsoever such a liability shall arise. 15. Lien The Company shall have a general lien in respect of all sums due from the Customer upon all goods to be supplied to such Customer or upon which work have been done on the Customer’s behalf and upon 14 days written notice to the Customer, may sell such goods and apply the proceeds towards the satisfaction of the sums due to the Company. 16. Force Majeure If the performance of the contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company the Company shall have the right as its option (a) to suspend further performance of the contract until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance of and liability under the contract and it the Company exercises such right the Customer shall thereupon pat the contract price less a reasonable allowance for what has not been performed by the Company. 17. Severance If any condition herein shall be deemed void for any reason whatsoever, but would be valid if part of the wording thereof were deleted any such condition shall apply with such modifications as maybe necessary to make it valid and effective. 18. “Deals as Consumer” Nothing in these conditions shall effect the statutory rights of a Customer who in relation to the Company “deals as consumer” as defined in Section 12 of the Unfair Contract Terms Act 1977 or any amendments or modifications thereof 19. The contract shall be construed in accordance with English Law and shall be subjected to the jurisdiction of the English Courts and the parties agree to the exclusive jurisdiction of the Manchester High or County Court as appropriate.