Burbage Iron Craft Ltd – Website Terms and Conditions

 Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us

Burbage Iron Craft Ltd only purchases timber used to manufacture all the wooden gates from FSC and  PEFC certified suppliers.

www.burbageironcraft.co.uk is a site operated by Burbage Iron Craft Ltd, Unit 16 Mill Park, Hawks Green Ind Estate, Cannock, Staffordshire, WS11 7XT.  Burbage Iron Craft Ltd and Cannock Gates Ltd are Members of the Argent Industrial Group, where the majority of invoices will be generated by Cannock Gates Ltd, however there may be occasions that the invoices are generated by Burbage Iron Craft Ltd. The responsibility of supply is transferred to Cannock Gates Ltd for any invoices raised by Cannock Gates Ltd (who be responsible for the processing of all purchases on behalf of Burbage Iron Craft Ltd).

Supply to Trade vs General Public

Burbage Iron Craft Ltd is a supplier of goods to DIY Retail Outlets, Builders Merchants, Garden Centres, Landscaping companies and any other trade that purchases our goods for onward selling of such goods. Should you wish to set up a Trade Account with Burbage Iron Craft Ltd, you will be required to show proof of your being a relevent trade. Please note the prices shown on the web site are Suggested Retail Prices (SRP), thus if you are a trader who sells the goods onto an end customer, we request that you contact us by phone to set up a Trade Account to enable you to get a trade discount of up to 40% on the SRP. Note; all Clearance items are not included within the trade discount offer as they are already fully discounted. Any purchases made via the web site without login to a trade account are assumed to be members of the general public and will not qualify for trade discount. Unless prior agreement is given, we do not offer retrospective discounts on web site purchases if you later prove to be a trade supplier.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact sales@burbageironcraft.co.uk

Thank you for visiting our site.

 LEGAL TERMS & CONDITIONS

DEFINITIONS

  1. The following expressions in these Conditions shall mean respectively :-

“the Company”      BURBAGE IRON CRAFT LIMITED

“the Purchaser”     the person, company or body buying or offering to purchase Goods

“Goods”                products contracted for and/or supply by the Company from time to time

GENERAL

  1. The following terms are the Company’s standard terms and conditions for sale. The Company contracts for the supply of Goods only on these terms. The Purchaser accepts that these terms shall govern relations between itself and the company to the exclusion of any other terms including conditions, warranties and representations written or oral, express or implied even if contained in any of the Purchaser’s documents which purport to provide that the Purchaser’s own terms shall prevail.

QUOTATIONS AND ORDERS

  1. Quotations are tendered without engagement and are subject of confirmation upon receipt of order. Quotations remain valid for a period of 30 days.
  2. Contracts, once accepted, cannot be varied or cancelled except with the written consent of both parties and then only on terms which fully indemnify the Company against any loss caused directly or indirectly to the variation or cancellation. The Company’s consent may only be given by a director thereof.
  3. Representations concerning the Goods, their storage, application or use, made by the company’s employees and agents are not valid unless confirmed by the Company in writing. The Purchaser acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
  4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Company shall be subject to the corrections without any liability of the part of the Company.
  5. The Company reserves the right to modify any of their Goods without prior notice provided that such modification shall not affect the form, fit, function or maintenance of the relevant Goods.
  6. Goods offered “ex stock” is subject to prior sales.

PRICES

  1. All prices exclude delivery carriage and (unless expressly so stated) exclude VAT or other sales tax which the Purchaser shall be additionally liable to pay to the Company.
  2. The Company reserves the right to amend the price of a contract between the date of acceptance of an order and final delivery of Goods if the Company considers such a course is necessary due to any factor beyond the control of the Company (such as, but without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties or significant increase in the cost of labour, materials or other costs of manufacture) or any change in delivery dates, qualities, quantities or specifications of the Goods which is requested by the Purchaser or any failure of the Purchaser to give the Company an adequate information or instructions.

DELIVERY

  1. Delivery of the Goods shall be made by the Company delivering the Goods to the Purchasers address or, if some other place of delivery is agreed by the Company, the Company will deliver the Goods to that place.
  2. Any times stated for delivery are estimates only and time shall not be the essence of the contract save where the Company specifically so agrees in writing under the hand of a director. If the Company is for any reason whatsoever not ready to make delivery within the time specified the Company shall not be liable for any loss or damage whatsoever sustained by the Purchaser. The Goods may be delivered by the Company before the due delivery date upon giving reasonable notice to the Purchaser.
  3. If the Purchaser fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery the Company may (without prejudice to any other right or remedy available to the Company):-

(a)       store the Goods until actual delivery and charge the Purchaser for the reasonable costs (including insurance) of storage; or

(b)       sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Purchaser for the excess over the price under the contract or charge the Purchaser for any shortfall below the price under the contract.

PAYMENT

  1. The Company may invoice the Purchaser for the price of the Goods on or at any time after the Goods are available for despatch.
  2. Credit terms are only granted subject to satisfactory trade references and the acceptance of each account by the insurance company underwriting the Company’s trade debtors. Unless otherwise stated by the Company either in its quotation or correspondence where credit terms have been agreed, terms of payment are strictly net cash payable within 28 days of the end of the month during which any Goods have been invoiced. Time shall be the essence in this regard.
  3. If the Purchaser does not maintain an account with the Company the Purchaser must pay with the order or otherwise if agreed before delivery in full the price of the Goods.
  4. Where the Purchaser:-

(a)       is overdue with any payment owed to the Company; or

(b)       shall have failed to take delivery of the Goods; or

(c)       makes default in or commits any breach of its obligations to the Company hereunder; or

(d)       becomes bankrupt, insolvent or has a petition presented in respect of an administration order or winding up order in

respect of it or has a receiver appointed of its assets or execution or distress levied upon its assets or under the national law of its own country suffers the equivalent of any of them, or takes any step with a view to entering into a voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986); or

(e)       ceases or threatens to cease to trade, or if the Company shall reasonably doubt the solvency of the Purchaser; then (without prejudice to any right or remedy available to it) the Company reserves the right to stop manufacture, delivery or performance under any contract and performance by the Company will only recommence upon payment in full by the Purchaser of all outstanding amounts due on due completion of the Purchaser’s obligations hereunder. If the Company exercises its said rights any Goods to be delivered to a Purchaser following default shall be paid for on pro forma invoice before or at the time of despatch of the Goods and payment will become due on receipt of such pro forma invoice. The Company shall not be liable for loss of any nature suffered by a Purchaser as a result of the application of this condition nor shall it be reason for the cancellation by the Purchaser of this or any other contract which shall at the Company’s option remain in full force and effect.

  1. The Company may charge interest at a rate of 2 per cent per annum above the base rate from time to time of the Company’s bankers on any overdue payment or in respect of any delivery not taken by the Purchaser.
  2. Notwithstanding that credit may have been given to the Purchaser under the Contract, the Company shall in its discretion be entitled to retain possession of the Goods or any of them until payment has been received from the Purchaser in full. Without prejudice to any other right which the Company may have, the Company shall be entitled to exercise a general lien or right of retention of all Goods in the Company’s possession which are or are intended to become the Purchaser’s property in regard to all monies due to the Company from the Purchaser. Pursuant to such lien or right the Company shall be entitled without notice to the Purchaser to sell all or any of such Goods in any manner and to keep the proceeds in diminution of such monies and of all costs and expenses incurred of effecting such sale.
  3. Payment shall be made at such place and in such currency as the Company may direct.

PROPERTY AND RISK IN GOODS

  1. (a) Risk in the Goods shall pass to the Purchaser immediately on delivery to the Purchaser or into custody on the Purchaser’s behalf whichever is the sooner.

(b) Notwithstanding delivery, the Goods shall remain the absolute property of the Company (which reserves the right to dispose of them) until the Company has received the full price for the Goods and the full price for any other Goods for which payment is due from the Purchaser on or before payment of the price of the Goods.

(c) Until property in the Goods passes to the Purchaser the relationship between the Company and the Purchaser shall be that of bailor and bailee and the Purchaser shall store the Goods in such a way that they are readily identifiable as the property of the Company.

(d) If before the property in the Goods passes to the Purchaser the Goods are sold by the Purchaser, such sale or sales shall be deemed to be on behalf of the Company, but without imposing any liability on the Company to the sub-purchaser, and the Purchaser shall hold such part of the proceeds of sale or rights arising therefrom against the sub-purchaser as represents the sum due to the Company for such Goods as trustee for the Company and the Purchaser shall keep such part of the proceeds of such sale separate from its other monies and account to the Company accordingly.

(e) If payment of the price of the Goods or any part of it is overdue or if it appears to the Company that the Purchaser is or may be insolvent, the Company may require the Purchaser to deliver up the Goods to the Company and, if the Purchaser fails to do so forthwith, the Purchaser shall permit the Company to recover and resell the Goods and by its servants or agents enter upon the Purchaser’s premises (or such other the premises where the Goods are stored or situated) for that purpose.

(f) The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Purchaser does so or purports to do so, all monies owing by the Purchaser to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

DAMAGE IN TRANSIT

  1. The Company will only accept liability for:-

(a)       damage to the Goods caused in transit if the same is externally visible, is notified to the Company and the carrier (if not delivered by the Company) on receipt of Goods by the Purchaser and if the Goods so damaged are immediately returned to the Company or the carrier or signed for as damaged by the Purchaser on receipt (whichever is applicable);

(b)       non arrival, if the same is notified to the Company within 7 working days from the day that the Company informed the Purchaser that the Goods or the relevant consignment thereof were due to arrive.

Where the Company accepts responsibility under this clause, it may, at its sole option, credit the Purchaser’s account or repair or replace (as the case may be) those of the Goods which are proved to the Company’s satisfaction to have been so lost or damaged.

FORCE MAJEURE

  1. The Company shall be relived of its obligations under any contract to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence wholly or partially by any cause beyond the Company’s control including Act of God, war, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, rebellion, revolution, insurrection or military or usurped power or any such event or by any statute rules regulation order or requisitions issued by any government, council or duly constituted authority or from strikes, lock outs or breakdown of plant.

INDEMNITY

  1. The Purchaser shall forthwith indemnify the Company on a full indemnity basis against all or any liability cost or expense of whatsoever nature incurred by the Company due to an alleged or actual infringement of any intellectual property right or otherwise arising out of Goods manufactured or services provided by the Company to the Purchaser’s order and in accordance with any samples, designs, specifications and/or instructions given by the Purchaser to the Company.

SUB-CONTRACT

  1. The Company shall be entitled to sub-contract all or any of its obligations hereunder.

DRAWINGS, IMAGES ETC

  1. (a) All descriptive and forward specifications drawings and other particulars submitted with the Company’s tender are approximate only and intended merely to present a general idea of the Goods described therein and none of these shall form part of a contract. Drawings and all details thereon are private and confidential to the Company and all intellectual property in the Goods and the Drawings vest in and belong to the Company unless the Company and the Purchaser otherwise agree in writing prior to the date of contract and subject at all times to the overriding rights in any such intellectual property vested in any third party.

(b)       The Purchaser acknowledges it is solely responsible for ensuring the accuracy of any of the terms of any order (including any applicable specifications) and shall remain liable to pay the Company in respect of any materials ordered or used or if the Goods have been manufactured or any process has been applied to the Goods by the Company in accordance with such specifications.

ACCESS

  1. Where the Company or its authorised agents are to carry out work or operation upon premises at the direction of the Purchaser, such premises and any machinery involved and all other arrangements affecting the work or operations must be made ready by the Purchaser for the time scheduled for the Company to enter upon the premises to commence such work or operations. The Purchaser undertakes that there will be no delay to the works or operations caused directly or indirectly by the said premises, machinery, operations or the state and condition thereof for which the Company is not responsible. Any breach of this Clause by the Purchaser shall entitle the Company to exercise its rights under Clause 17 hereof.

INVALIDITY

  1. If any provision of these terms and conditions is held by any court or other competent authority to be void or unenforceable in whole or part these terms and conditions shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

WAIVER

  1. Any waiver by the Company of a breach of any provisions of these terms and conditions shall not be considered as a waiver of any subsequent breach of the same or of any other provision hereof.

NO SET OFF

  1. Any payment to be made by the Purchaser to the Company shall be made in full without any set off or deduction therefrom or any counterclaim or claim to a lien whatsoever.

LAW OF CONTRACT

  1. These conditions and any contract hereunder shall be governed by and construed under English law and the Company and the Purchaser hereby submit to the non-exclusive jurisdiction of the English Courts.

NOTICE

  1. Any notice or document required or permitted to be given to or served on one party hereto by the other shall be in writing and shall be given or served by delivering or despatching the same by first class post or by hand on the recipient (or an authorised officer thereof) to its registered office if a company and (if not) to the party’s last known address. Provided that where necessary the despatch of such notice or document has been properly pre-paid the same shall, in the case of delivery by hand, conclusively be deemed to have been received at the time of such service and shall, in the case of delivery by first class post, conclusively be deemed to have been received at the commencement of the first business day next commencing more than 24 hours after despatch.

 

this policy was last updated on: 01st December 2019