Terms & Conditions
a. In these Conditions:
“Buyer” means the buyer indicated on the Quote;
“Buyer’s agent” means the foreman, site manager, project manager or any representative working on Buyer’s behalf;
“Contract” means any contract between Buyer and Seller for the sale and purchase of Products incorporating these Conditions;
“The contract is agreed” – by completing and submitting an electronic order form or by placing an order via email, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that the contract is formed;
“Fabrication Drawing” means the detailed drawing of the Products;
“Products” means structural steel, fixings, drawings and any other items shown on the Quote to be supplied by Seller;
“Order Specifications” means a summary of information provided by the Buyer prior to making a payment;
“Order Confirmation” means the acceptance of Order Specifications and payment by the Buyer;
“Seller” means Cube Metals Ltd a company incorporated under the laws of England and Wales with registered number 11071827 whose registered office is at East Lodge, Bedlars Green, Great Hallingbury, Bishop’s Stortford, CM22 7TL.
b. These Conditions supersede all prior representations or arrangements, and contain the entire agreement between the parties in connection with the Products. All other terms and conditions, express or implied, are excluded. None of Seller’s employees or agents has authority to modify or supplement these Conditions.
2. Order Process
a. A Price is valid only for the duration of Buyer’s website session and is subject to these Conditions.
b. By completing and submitting an electronic order form or placing order with us by email, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorisation from your payment card issuer or funds transferred by Bank Transfer into Cube Metals Ltd’s Bank Account. We will not be liable if there is a delay, and we will not accept your order if the payment is not received in a timely manner or your payment is not authorised. Please note Cube Metals Ltd cannot accept Cheques or Postal Orders as a payment method.
Certain steps must be followed for a contract to be formed, as described below.
After you have placed your order you will receive an email to acknowledge your order. It will confirm which products you have ordered at which point the contract is agreed. Any orders cancelled after this point will be subject to Refund as explained in “Refunds & Order Cancellations” section below.
We do not have to accept your order, and for example, we will not accept your order if:
– We do not have the products in stock or we are unable to source the products;
– Your payment is not authorised;
– There is an error on our website regarding the price or other details of the products;
– You have cancelled your order before it was accepted by us;
We reserve the right to refuse any order.
c. The Seller must receive payment for the whole of the price of the Products, and any applicable charges for delivery, before the order can be processed. Order payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.
d. By using a credit/debit card to pay for the order or purchase, the Buyer confirms that the card being used is the Buyer’s or that the Buyer is authorised to use it.
e. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment the Seller will not accept the order or purchase, the Seller will not be obliged to inform the Buyer of the reason for the refusal, and will not be liable for the Products not being delivered or provided to the Buyer. The Seller is not responsible for the card issuer or bank charging the holder of the card as a result of our processing of the credit/debit card payment in accordance with the order.
f. The Seller recommends that payment card details should not be communicated to anyone, including the Seller, by email.
g. The Buyer is responsible for all orders placed by the Buyer’s agent and for any purchases made on cards issued to the Buyer. The Seller is not bound by any individual order limit that may be imposed on the Buyer’s agent.
h. It is the Buyer’s responsibility to check the information on the Order Specification carefully prior to making the payment. Once the Buyer confirms the Order Specification, Buyer assumes all responsibility for dimensions and measurements, including that the Order Specifications meet Buyer’s requirements and are suitable for the Buyer’s intended needs. Buyer acknowledges that Seller relies on this information in manufacturing the Products.
i. Buyer understands that the Products are manufactured to order, and accordingly, the Contract may not be amended or cancelled by the Buyer once the payment has been received.
a. The specification for the Products shall be as set out in the Order Specifications.
b. All samples, descriptive matter and advertising issued by Seller and any descriptions or illustrations contained in Seller’s catalogues, brochures and website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of these Conditions and this is not a sale by sample.
Although the Seller has made every effort to be as accurate as possible, all sizes, weights, capacities, finish, dimensions, and measurements have a 2% tolerance. The packaging of the Goods may vary from that shown on Seller’s catalogues, brochures and website.
a. The price payable for the Goods is as set out on our website at the time of submitting the order. Prices are exclusive of VAT.
b. Seller shall be under no obligation to deliver and/or unload the Products unless and until payment of the total price has been received in full and cleared funds.
c. Occasionally, an error may occur and the Products may be either incorrectly priced or described in which case the
Seller will not be obliged to supply the Products at the incorrect price or in accordance with the incorrect description or at all. The Seller reserves the right to correct any errors from time to time. The Seller will, at his own discretion, either cancel the order and refund the price paid or use reasonable endeavours to contact the Buyer and ask to continue with the order for the Products at the correct price or correct description. If we the Seller is unable to make contact or the Buyer does not wish to continue with the order at the correct price or correct description, the Seller will cancel the order and refund the price paid. The Seller may refund the Buyer by way of cheque sent to the address of the relevant trade card account holder if the Seller is unable to make contact.
a. Delivery dates set out in Order Specifications or otherwise requested by Buyer or given by Seller are given or accepted by Seller in good faith but are not guaranteed.
b. Delivery shall be made to the delivery address specified on the Order Specifications, as made possible by clause (c) set out below.
c. The delivery drivers are not insured to take vehicles on roads other than public highways. If the delivery location
is in a remote location or is not on a public road, then the driver will deliver the Products to the end of the public road only. The Buyer accepts this when placing the order, should the Buyer refuse the delivery because the driver cannot drop at the exact delivery location then the Buyer will be charged the actual delivery costs and collection fees.
d. Buyer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address. Seller shall not be obliged to lift the Products by crane and it is Buyer’s responsibility for ensuring that the delivery address is suitable to unload the Products. Buyer shall be responsible for all storage costs, additional delivery costs and other costs incurred by Seller as a result of Buyer’s failure to take delivery of the Products.
e. The Products can only be delivered to the exterior of a ground floor location at the delivery address. The Buyer must therefore make his own arrangements at his own risk should a relevant item need to be transported from the delivery
location. The Seller will not provide any unpacking, installation, fitting or waste removal services upon delivery.
f. Should the Buyer collect the Products from the Seller’s venue, the Buyer must ensure adequate vehicle, manpower,
strapping and other relevant resources are present.
g. The Seller does not take any responsibility for loss or damage of property or vehicle during the loading process onto Buyer’s designated vehicle.
h. If no–one is available at the delivery location to take delivery of the Products, the Seller will leave a note with the location of the Products, in which case, the Buyer must contact the Seller to rearrange delivery (which may be charged as an additional cost to the Buyer).
i. Seller may dispose of Products (without refund or prior notice to the Buyer) if not collected by the Buyer within 7 days after the agreed collection date.
j. The Seller does not deliver to addresses outside the UK.
6. Defective Products
a. Buyer shall inspect the Products immediately on receipt and Buyer shall be deemed to have accepted the Products as being in conformity with the Contract unless written notice of rejection on the basis of non-conformity with the Contract is received in writing by Seller within 2 days of the date of delivery.
b. If, after a valid notice of rejection has been given to Seller in accordance with these Conditions, the conduct of Buyer is inconsistent with such rejection, Buyer shall be deemed to have accepted them.
c. Buyer accepts products are made to order and as a result not subject to the Distance Selling Regulations. If it is
shown to Seller’s reasonable satisfaction that the Products fail materially to comply with the Contract, Seller will either refund the purchase price (less the cost of the steel) or replace the Products within a reasonable time, free of charge. SUCH REFUND OR REPLACEMENT SHALL BE DETERMINED BY SELLER AND SHALL
BE SELLER’S SOLE LIABILITY IN RELATION TO ANY SUCH FAILURE. Replacement products are covered by these Conditions.
d. Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by Seller and where the Seller agrees to replace the Products, the defective product shall be made available for collection by the Seller, should he chose to, within 14 days of the notice of rejection.
e. Seller does not exclude any liability which cannot be excluded as between Buyer and Seller under any provision of English law. Standard Product Maintenance applies for all our products unless otherwise stated.
7. Force Majeure
a. Seller shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving Seller’s negligence) which are beyond Seller’s reasonable control and which prevent or restrict Seller from complying with the Contract.
b. Seller may where reasonable in all the circumstances (whether or not involving Seller’s negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Seller’s ability to
manufacture, supply, deliver or acquire materials for the production of the Products by Seller’s normal means is materially impaired.
8. Risk and Title
a. Risk and title in the Products shall pass to Buyer upon delivery as delivery is determined in accordance with these Conditions.
9. Intellectual Property
a. Buyer acknowledges that all copyright, design rights, trademarks, trade names and any other intellectual property rights of a similar nature (whether or not registered) in catalogues, brochures, website and documents are Seller’s.
b. Buyer shall not, and shall not assist or enable a third party to, copy or use any designs or remove any copyright notices from the Seller’s catalogues, brochures, website and documents.
a. All rights in the site design, text, graphics and other content, interfaces, and the selection and arrangements there of belong to us or our licensors. All rights are reserved save as set out below
b. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with us or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication is strictly prohibited.
11. Limitation of Liability
a. Without prejudice to any other limitation of seller’s liability (whether effective or not):
– In no circumstances whatever shall seller be liable (in contract, tort or otherwise, and irrespective of any negligence or other act, default or omission of seller or its employees or agents) for any indirect or consequential losses (including loss of goodwill, business or anticipated savings), loss of profits or use, or any third party claims, in connection with the products or the contract.
– Seller’s total aggregate liability in connection with the products or the contract (in contract, tort or otherwise and whether or not related to any negligence or other act, default or omission of seller or its employees or agents), is limited to the invoice price for the products concerned ex vat and excluding the then market value of the steel.
b. All warranties, conditions and other terms implied by statute or common law) save for the conditions implied by s.12 sale of goods act 1979) are to the fullest extent permitted by law, excluded from the contract.
c. No action may be brought against seller in connection with the products or the contract unless proceedings are issued against seller within two years after buyer became or ought to have become aware of the circumstances giving rise thereto.
d. This condition 11 applies notwithstanding any fundamental breach or breach of a fundamental term of the contract by seller.
e. Nothing in these conditions excludes or limits the liability of seller for death or personal injury cause by the seller’s negligence or fraudulent misrepresentation
12. Refunds & Order Cancellations
a. The Products are all made to order and as such are not eligible for returns. Cube Metals Ltd does not offer a cooling-off period on online purchases. For defective products and refunds, please see pt 6.
b. All orders accepted by Cube Metals can be cancelled by the Client at any time and are subject to a 5% surcharge of the project value in order to recover any expenses incured by Cube Metals Ltd. The charge would include but is not limited to: Project Management, Project Drawings, Administration. Any Material already purchased as well as any labour will be subject to additional charge calculated accordingly and added to the 5% order cancelation fee.
a. The Contract may not be assigned by Buyer without Seller’s prior written consent.
b. Notices must be in writing to Seller’s or Buyer’s address and are deemed delivered on the first working day after sending by hand or on the third working day after being placed prepaid in the first class post to Buyer’s or Seller’s address.
c. No failure by Seller to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.
d. If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
e. The provisions of Conditions 9, 10 and 11 shall survive any termination of the Contract.
f. The Contract shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in relation to the Contract.
g. Any personal data that Buyer provides to Seller will be held securely and processed only for the purposes of these Conditions. Seller may share Buyer’s personal data with credit reference agencies, banks and other responsible organisations in order that Seller can fulfil the Contract.
h. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.