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Terms & Conditions

Steel Build Masters - Terms and Conditions

CLEAR / THOROUGH / PRECISE

1. DEFINITIONS

1.1         The definitions in this clause apply in the terms and conditions set out in this document:

Goods: the products (including both steel framed structure specific products and other more general products) that we are selling to you as set out in the Order.

Order: your order for the Goods as set out in the quotation.

Groundworks: the works carried out deemed necessary following full site survey.

Construction: the services provided to erect the Goods.

Works: the total services provided for a Turnkey Service.

Terms: the terms and conditions set out in this document.

We/Us: Steel Build Masters Ltd registered in England and Wales No. 5878134 at registered office: Steel Build Masters Ltd, Summerhill House, 1 Sculthorpe Road, Fakenham, Norfolk NR21 9HA.

You/Client: Named person (authorised representative) and/or company on all written correspondence,

1.2         Writing or written includes letters and e-mail. 

1.3         Headings do not affect the interpretation of these terms.

2. OUR SERVICE

 2.1         In conjunction with you, and based on the information you provide to us, we will generate a Bill Of Materials (BOM) that are required in relation to the steel framed structure that you wish to construct. This will set out what Goods you require and what the related costs will be. At this point we will also quote for any other general products which you wish us to supply to you. Following your approval of our quotation, the settlement of a final bill of materials, our formal acceptance of your Order and your payment of the Deposit in accordance with these terms we will then source and deliver the Goods to you.

2.2         We do not charge you for the Quotation Service and, accordingly, can accept no liability whatsoever in relation to it, save that in the event that it becomes abundantly clear that significantly more or less Goods are required to construct a structure than we have advised (solely due to our error), we will use our reasonable endeavours to supply the necessary additional Goods to you on a prompt basis and at a price commensurate with the other Goods supplied to you or, as applicable, accept the return of and issue a credit in respect of, surplus Goods supplied to you.

2.3         All Groundwork prices quoted in Steel Build Masters Ltd literature are an approximate figure and should not be taken as full final price. Prices can change following a full site survey which must be carried out by a qualified Groundwork professional. Once the site survey has taken place a full and final price for the projects works will be calculated. All drainage quotations and the removal of spoil are not covered in standard Groundwork pricing and can be quoted separately on request after full site survey.

 2.4         The Construction is a separate item which has been itemised in our quotation to you and will be invoiced in two stages in accordance with the terms of payment.

3. BASIS OF SALE

 3.1         We consider that these Terms, the Order and our price list set out the whole agreement between you and us for our free Quotation Service and the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by them once a contract comes into existence between us.

3.2         Any website images, samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures or on our website, are produced solely to provide you with an approximate idea of the Goods they describe.

3.3         If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

3.4         The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

3.5         These Terms shall become binding on you and us when:

(a)          We issue you with written acceptance of an Order (Invoice); or

(b)          We notify you that the Goods are ready for delivery, whichever is the earlier, at which point a contract shall come into existence between us.

3.6         Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause above. A quotation shall be valid for a period of 7 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.

3.7         We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.

3.8         All buildings are made to order (bespoke) and therefore cannot be cancelled once ordered. Changes cannot be made to the original order once it is processed at Steel Build Masters Limited. All payments are non-refundable.

3.9         We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

4. THE GOODS

4.1         We warrant that on delivery of the Goods they shall: 

(a)          Conform in all material respects with their description;

(b)          Be of satisfactory quality;

(c)          Be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;

(d)          Be free from material defects in design, material and workmanship; and

(e)          Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

4.2         This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

4.3         We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

4.4         These Terms apply to any additional, repaired or replacement Goods we supply to you in the unlikely event that the original Goods are not of a satisfactory standard or do not otherwise conform to these Terms.

5. PRICE AND PAYMENT

 5.1         The price of the Goods (Steel Building) and Services (Construction) will be as set out in the quotation we provided to you and subsequently confirmed in writing by us. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. In the event that your instructions change and further or different Goods are required, we reserve the right to increase the price accordingly.

5.2         All prices stated are exclusive of VAT, which may be chargeable thereon.

5.3         Unless otherwise agreed, these prices include delivery costs, which have been added to the total amount due.

5.4         Unless otherwise agreed by us payment for the Goods will be made on the following basis:

BUILDING PAYMENT (Steel Building Design & Materials)

(Stage 1)    You will pay a non-refundable 10% Deposit (STAGE 1 – 10% Building Deposit Payment) representing 10% of the total costs of your Building at the outset of our agreement; your order will be detailed and all pricing and dimensions and specifications confirmed. Then;

(Stage 2)    You will pay a non-refundable 50% Confirmation Payment (STAGE 2 – 50% Building Confirmation Payment) to confirm the details are correct and to proceed with the order; then

(Stage 3)    You will pay a non-refundable 40% Balance Payment (STAGE 3 – 40% Building Balance Payment) 7 working days prior to our dispatch of the Goods to you.

SERVICES PAYMENT (Pre-Construction & Construction Services)

(Stage 1)    You will pay a non-refundable 10% Deposit (STAGE 1 – 10% Services Deposit Payment) representing 10% of the total costs of your Services at the outset of our agreement; your services dates will be reserved. Then;

(Stage 2)    You will pay a non-refundable 50% Confirmation Payment (STAGE 2 – 50% Services Confirmation Payment) to confirm the details are correct and to proceed with the order; then

(Stage 3)    You will pay a non-refundable 40% Balance Payment (STAGE 3 – 40% Services Balance Payment) on completion of the Services and final sign off.

5.5         We shall invoice you for the Deposit Payments and the Balancing Payments at our discretion as and when appropriate. You must pay each relevant invoice in cleared monies within 3 calendar days of the date of the invoice.

5.6         We are not obliged to source the Goods for you until we receive the Deposit Payment, or deliver the Goods to you until we receive the Building Balancing Payment.

5.7         Any rises in material costs due to a delay in payment periods will be advised and chargeable direct to the client.

5.8         If you do not make any payment due to us by the due date for payment, we may charge any additional material costs incurred plus a £300 + VAT initial admin fine and thereafter an interest rate at 5% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

5.9         Payments can be made by paypal, cash, Debit or Credit card or via Bank Transfer. (Full details provided on all invoices).

 5.10       Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend your Order (and any other outstanding Orders of yours) until you have paid the outstanding amounts.

6. EXTENSIONS OF TIME AND ADDITIONAL COSTS

6.1         The Key Dates shall be amended as set out in Order in the event of any delay to the Works (irrespective of when the cause of such delay occurs) to the extent that such delay is caused by any of the following matters, save where such delay is directly attributable to Steel Build Masters’s failure to act as a Reasonable and Prudent Operator:

(a)          Request of the Client;

(b)          Failure or delay of the Client in carrying out any of its obligations under the provisions of the Order;

(c)          the Client Works (if any) not being ready and accessible when Steel Build Masters is due to commence the Works;

(d)          Any of the assumptions set out in the initial Quotation prove to be incorrect and such incorrect assumption could not, at the date of issue of the Quotation, have been verified by Steel Build Masters;

(e)          Errors in any information, data or design specifications provided by the Client to Steel Build Masters in relation to the Works;

(f)           Ground conditions which would not have been reasonably foreseen where additional engineering for Groundworks and/or Steelworks and/or additional Works and Materials are required;

(g)          Boundary conditions which would not have been reasonably foreseen where additional engineering for Groundworks and/or Steelworks and/or additional Works and Materials are required to meet all standards;

(h)          Additional works (not included in the Works) that would not have been reasonably foreseen at the time of the Quotation or the Order (as the case may be);

(i)           Any impediment or prevention in the exercise by Steel Build Masters of any rights and interests in land obtained by Steel Build Masters in the course of conducting the Works;

(j)           Delays of which Cadent would not have reasonably been aware at the date of issue of the Quotation imposed under the terms of any licences issued under the New Roads and Streets Work Act 1991 or reasonably requested or required by any highway authority acting in accordance with its statutory powers;

(k)          The discovery of items of historical, archaeological or special scientific interest;

(l)           Any event or circumstance of Force Majeure;

(m)         any labour dispute or work stoppage or slow-down involving the Client and/or the Client, the Client’s and/or the Client’s contractors (other than Steel Build Masters); or any other person;

(n)          The imposition of unreasonable site rules and regulations (other than site rules that have been agreed by the Parties) or the interference of the owners or occupiers of the land to which Steel Build Masters reasonably requires access for the purpose of the Works;

(o)          Unavailability or delays incurred in the delivery of equipment or materials necessary to complete the Works provided that such delays were not reasonably foreseeable by Steel Build Masters at the time of order in respect of that part of the Works in question;

(p)          Any delay in the grant of permissions or delays in the acquisition of any land or interest in or rights over land, including delays in the compulsory acquisition of land;

(q)          The requirements of statutory authorities to include Building Control officers;

(r)           Where the Client fails to obtain by the Physical Commencement Target Date all necessary planning permissions, consents and licences for the siting, and construction of the Client Works (if any) and any element of the Building which is to be constructed or installed on the Site, on any land other than on the Site or in a Highway as part of the Works;

(s)           Where authorised Steel Build Masters employees, contractors or agents are not permitted free and unrestricted access or egress (subject to any site rules that have been agreed by the Parties) at all reasonable times during the construction of the Client Works for the purpose of verifying the construction of the Client Works;

6.2         In the event of any delay referred to in Clause 6.1 arising after Steel Build Masters has arrived on Site to commence the Works; or Steel Build Masters being unable to commence the Works on the Physical Commencement Target Date (as a result of the Client’s failure to fulfil its obligations and the Client not having cancelled the said date no later than two (2) Working Weeks prior thereto); the Client shall pay to Steel Build Masters all reasonable additional costs as presented in writing.

7. TITLE AND RISK

7.1         All Goods will be your responsibility from the time of delivery.

7.2         Security of goods and the site are entirely the client’s responsibility once the goods are delivered. Fencing of site if required is the client’s responsibility at all times.

7.3         The client should cover the goods from the elements until the building is to be constructed. The supplier will not be responsible for any deterioration or discoloration of the materials should the client fail to do so. All electrical and mechanical components must be kept dry.

7.4         Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery and Construction charges.

7.5         Excess goods supplied by Steel Build Masters Limited remains the property of Steel Build Masters Limited.

8. DESIGN SPECIFICATION

8.1         Wall sheets are designed to run past edge of raised slab to seal the building, if the building is to be erected on flat level ground, Steel Build Masters Limited must be notified prior to ordering to allow wall sheets to be altered accordingly and additional design elements to be included in the order to seal the building to the slab.

8.2         Steel Build Masters Limited will quote door frame sizes – NOT clear opening sizes and takes no responsibility should any type of vehicle etc. not fit in the opening. It is the Purchasers responsibility to ensure opening sizes are correct at quotation stage.

8.3         Building width and length dimensions quoted are internal slab dimensions and do not include the width of external finishes, roof overhang or guttering. Internal clearance does not include structural bracing.

9. PLANNING PERMISSION/BUILDING CONTROL

9.1         The Client is responsible for submitting and obtaining all town planning, building or other permits and to pay all fees and insurance as required by law or by the regulatory body (i.e. soil categories).

9.2         Conformity with Building Codes. Steel Build Masters Limited represents that its products and services are in conformity with Building Regulations 1991 Approved Documentation. (UK Building Code) The Client acknowledges that certain building departments may require additional engineering over and above what is normally required. 

9.3         This order has not allowed for compliance with Part L2A of the Building Regulations and Simplified Building Energy Model (SBEM) calculations. It is the responsibility of the client to inform Steel Build Masters Ltd at point of initial design and quotation if compliance with Part L2A is required. Steel Build Masters will design the building and foundations to comply with building control.

9.4         Any additional engineering or alterations to the building to meet planning or building control restrictions is the responsibility of the Client, and Steel Build Masters Limited shall not be held liable for this.

9.5         All independent Structural Engineering will be provided at additional cost. Steel Build Masters will not be responsible for any changes in building specification by independent engineer or Building Control. All additions and alterations will be quoted as extra.

10. FIRE REGULATIONS

10.1       This quotation/order has NOT allowed for any fire wall conditions to any elevations relating to the steelwork or cladding unless stated. Any specialised intumescent paint treatment or fire boarding to be quoted separately.

10.2       Steel Build Masters Limited recommend you contact your local building inspector for confirmation that this may be required prior to ordering the building.

11. DELIVERY

11.1       Delivery is only included in the contract price where stated.

11.2       Access for an articulated delivery vehicle must be cleared prior to the delivery date and a forklift or similar must be supplied for unloading at client cost, the client is required to be on site at the time of delivery to accept and inspect all products.

11.3       Unloading of deliveries by hand from any vehicle is not permitted due to strict safety laws and insurance purposes.

11.4       We will endeavour to deliver the Goods to you within 7 calendar days of the date on which we notify you that they are ready.

11.5       Delivery of the Order shall be completed when we deliver the Goods to you.

11.6       Delivery dates booked will be anytime from 8.00am until 8.00pm that day.

11.7       We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.

11.8       We shall have no liability to you for late delivery.

11.9       If delivery cannot be made due to access restrictions, unloading restrictions or the receiver refuses to accept delivery for any other reason the client agrees to pay any costs incurred in forwarding, returning and storage of all products plus a cost for any construction time lost. A minimum delivery refusal surcharge of £595 +VAT will be charged plus additional costs.

11.10     We will store the Goods until delivery takes place and will charge you a reasonable sum to cover additional expenses and insurance on a weekly basis.

11.11     If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this.

11.12     If you ask us to deliver the Order in instalments, due to logistical reasons or restrictions for storage on site, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

11.13     All deliveries are to be unloaded and stacked directly next to (NOT DIRECTLY ON) the slab, allowing full safe access for plant to access and move accordingly and to allow the slab to be measured and marked up prior to construction.

12. SHORTAGES, DEFECTIVE GOODS AND RETURNS 

12.1       On delivery, you are obliged to immediately inspect the Goods to ascertain that they conform to these Terms as regards quantity and quality.

12.2       In the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible after delivery, and, in any case, within 48 hours. If possible, you should forward photographic identification to us and inform the relevant haulier at the time of delivery. We will (at our sole discretion):

(a)          Make up any shortages;

(b)          Provide you with a full or partial refund;

(c)          Replace the Goods; or

(d)          Repair the Goods.

12.3       If we do not hear from you in relation to the Goods within a period of 48 hours from delivery we will presume that the quantity and quality of the Goods is acceptable to you and we shall accept no liability to you for any shortages or defects whatsoever, save that we shall accept liability for defective Goods where the fact that they are defective would not be apparent from a thorough initial inspection.

12.4       These Terms will apply to any, additional, repaired or replacement Goods we supply to you.

13. GROUNDWORKS BY CLIENT

13.1       Where Groundworks are carried out by Client or appointed Third-Party the Client agrees to all groundworks specifications being as per footings and base plans provided by Steel Build Masters.

13.2       Where Groundworks are carried out by Client or appointed Third-Party the Client agrees to ensure that all groundworks are passed by Building Control prior to pouring and will provide any documents as requested by Steel Build Masters.

13.3       The Client agrees to take responsibility for the quality and strength of the groundworks for the bearing capacity of the building designed.

13.4       The Client agrees to strike all slab and footings and cut back all DPM prior to Steel Build Masters construction commencement date.

13.5       At commencement of construction if it is found that the concrete slab provided by client is not as per Steel Build Masters Limited footings and diagonal plans supplied a minimum surcharge of £595 +VAT will be charged for alterations to the concrete slab. All alterations required will be quoted in advance and must be approved before commencing construction.

13.6       At commencement of construction if it is found that the concrete slab provided by client is not level within the stipulated tolerance of (+/- 5mm) a minimum surcharge of £595 +VAT will be charged for alterations to the building. All alterations required will be explained and quoted in advance and must be approved before commencing construction.

14. GROUNDWORKS BY SBM

14.1       We undertake to liaise with local authorities and utilities in order to execute the contract. The Client agrees to take responsibility for local authority and utility consents where necessary.

14.2       We undertake to implement a solution to the customer’s specification. The Client agrees to ensure that up to date information and drawings are available to the delivery teams.

14.3       Our prices include the liaison with Local authorities, Utilities and Third-Party Agents, provision of temporary signage, barriers, road plates, testing and commissioning of new services.

14.4       Steel Build Masters do not accept liability for any cables, pipes or drains damaged/broken during the execution of the Works, unless we are provided with the necessary information in the form of service drawings/maps and or location on site by the relevant service provider and/or Client.

14.5       All prices quoted for groundworks and/or footings and slab are estimated based on the specification provided in the Quotation. Any additional Works, Soil Tests, Engineering, Hire Costs and Materials will be itemised and charged at additional cost to the Client. 

14.6       Any additional costs for plans to be supplied by Third Party Agents will be chargeable at additional cost to the client.

14.7       Any investigation work or trial holes to be carried out on a daywork basis and chargeable at additional cost to the client.

14.8       Should excavations reveal rock or material that requires the use of portable breaking machinery or an excavator fitted with a breaking hammer, additional Works may be incurred and will be chargeable at additional cost to the client.

14.9       Should excavations reveal ground water with running sand, gravel or other unstable ground it may be necessary to employ heavy pumping equipment and/or dewatering equipment. Additional Works may be incurred and will be chargeable at additional cost to the client.

14.10     Should excavations require the means of trench support or excavation support with regard to trench sheeting, trench boxes or hydraulic brace, additional work may be incurred, and this will be charged as an additional item and will be chargeable at additional cost to the client.

14.11     Health, welfare and secure storage by client. We would expect site security if deemed necessary. Site perimeter fencing is the responsibility of the client unless quoted. 

14.12     Temporary access roads, hardstanding etc by client unless quoted.

14.13     Setting out, line & level by client or their appointed engineer/ representative unless quoted.

14.14     All traffic management by client unless quoted.

14.15     Point for disposal of surface water provided by client.

14.16     Temporary power and water by client unless quoted.

14.17     Offsite road cleaning by client unless quoted.

14.18     All groundworks are quoted on normal ground conditions with adequate bearing. Excluded are abnormal ground conditions: -

(a)          Hard material (unless there is a quoted item;

(b)          Underground services live or redundant;

(c)          Unstable ground or built up ground;

(d)          Running silt or sand;

(e)          Excessive groundwater.

 14.19     Where rates include for earthwork support, we have only allowed for normal support that can be inserted after excavation has been carried out.

14.20     Groundworks price is based on a single continuous phase/project without additional transport or plant costs for time offsite or return visits. Additional visits and plant on site will be charged at additional cost per day.

14.21     We will not be responsible for excessive material wastage in poor weather/ ground conditions i.e. unstable sides to excavation.

14.22     We will not be responsible for excessive ground conditions i.e. built up ground, clay or lime where additional engineering and/or piling is required. Any additional work required will be chargeable at additional cost to the client.

14.23     Hired plant including delivery, collection and duration of estimated works as set out in quotation. The client is responsible for any additional hire charges due to delays on site outside of our control. The client is responsible for security against damage or theft whilst on site. Our plant hire charges are made irrespective of usage.

14.24     A Standing Time charge may be invoked in the event of excessive delays outside of our control.

14.25     All surplus excavated material will be stockpiled within 5.0m of the relevant excavation. No allowance has been made for the loading, removal or disposal of surplus excavated material; however, should this be required it will be charged as an additional item. Please note that it is assumed the excavated material will contain no contaminates. Should contaminates be found within the excavated material, any costs incurred for disposal of these contaminates will be chargeable at additional cost to the client. 

15. SAFE WORKING/ACCESS

15.1       For buildings up to 3m to eves a clear access of 2m level hard ground is required to and around all sides of the building to allow safe working and access for building materials and heavy plant equipment.

15.2       For buildings over 3m to eves a clear access and safe working area of at least 4 meters is required. Any restrictions in access and/or perimeter area must be notified prior to ordering.

15.3       Where access is limited a full site survey is required, and chargeable, to assess specialist plant for safe working. All specialist plant will be assessed and quoted accordingly.

16. SERVICES/WELFARE

16.1       Schedule 2 of the Construction (Design and Management) Regulations 2015 (CDM 2015) states that welfare facilities should be supplied direct by the client by law. These are to include access to adequate toilet and washing facilities, changing, eating and rest areas.

16.2       In addition to the welfare facilities, a 240V power supply and a water supply needs to be accessible at all times.

16.3       In the event that these cannot be arranged and supplied direct by the client, Steel Build Masters will hire all facilities and a reasonable charge will be added to the invoice to cover the cost. All hire costs for welfare, power and water will be based on a weekly rate and will be required for the duration of works on site.

17. THIRD PARTIES

17.1       Steel Build Masters Limited will not be held liable for any default arising from faulty workmanship or materials due to or caused by any other person or company engaged by the customer to perform work or supply materials in connection with the building.

17.2       Purchaser acknowledges that Steel Build Masters Limited has no role in the delivering and manufacturing of parts and materials and therefore holds harmless Steel Build Masters Limited in any delay of delivering of the parts and materials and further holds harmless Steel Build Masters Limited for repair or replacement of damaged, nonconforming, or missing Parts and Materials.

17.3       In the event of a dispute relating to the delivery time and location of Parts and Materials, and / or damage to the Parts and Materials, Purchaser agrees to hold relevant supplier and not Steel Build Masters Limited responsible. 

17.4       Steel Build Masters Limited hereby assigns and / or transfers all warranties and guarantees issued by its authorized suppliers to the Purchaser. Purchaser agrees to hold relevant supplier and not Steel Build Masters responsible for any claims. 

18. WASTE MANAGEMENT

18.1       Removal and disposal of waste and left-over materials is the responsibility of the client.

18.2       This quotation has NOT allowed for any waste management or recycling facilities.

18.3       If waste removal is required, this will be quoted separately via a local provider with a management fee added.

18.4       Steel Build Masters are not responsible for the duration of skips left on site after works have completed.

19. CONSTRUCTION SERVICES

19.1       We will provide construction services to the Client as set out in the Quotation.

19.2       The timeframe and dates of construction services are provided for guidance only and Steel Build Masters Ltd makes no guarantee that the services will be performed within the specified period.

19.3       For the purposes of this agreement, time shall not be of the essence and Steel Build Masters Ltd shall not be liable for any loss or damage suffered by the client as a result of construction services being delayed or postponed for any reason.

19.4       Steel Build Masters reserve the right to refuse any construction work if the site is deemed unsafe for any reason. 

20. CONSTRUCTION WARRANTY

20.1       We agree that if a defect in materials or workmanship in the construction of the Improvements resulting from defective workmanship and/or materials (Defect) is discovered by you on or prior to the first anniversary of the Closing Date (First Anniversary), The Client shall give us written notice thereof (Defect Notice) on or prior to the First Anniversary (time being of the essence with respect thereto).

20.2       If we receive a Defect Notice prior to the First Anniversary, we shall, at our sole expense, cause such Defect to be repaired or remedied as soon as reasonably practical. Notwithstanding the foregoing, nothing contained in this Paragraph shall:

(a)          require us to repair or remedy any Defect to the extent such repair or remediation is necessitated primarily by the negligent or wrongful acts or omissions of, or misuse of the item requiring such repair or remediation by, Client or its employees, agents, contractors or invitees;

(b)          require us to repair or remedy any Defect if the coverage afforded by any warranty or maintenance/service contract relating to the item in question has been impaired or invalidated primarily by Client or its employees, agents, contractors or invitees;

(c)          require us to repair or remedy any Defect for which a Defect Notice is not received by Client on or prior to the First Anniversary.

(d)          Any Defect Notice received after the First Anniversary will be assessed and quoted as a new maintenance project and all costs payable accordingly.

(e)          All construction service warranties are limited to 12 months.

21. LIMITATION OF LIABILITY

21.1       If either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

21.2       Neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories: 

(a)          Loss of income or revenue;

(b)          Loss of profit;

(c)          Loss of business;

(d)          Loss of anticipated savings;

(e)          Loss of data; or

(f)           Any waste of time.

21.3       However, this clause shall not prevent claims for foreseeable loss of, or damage to, your physical property.

21.4       Nothing in this agreement excludes or limits in any way our liability for:

(a)          Death or personal injury caused by our negligence;

(b)          Fraud or fraudulent misrepresentation;

(c)          Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)          Defective products under the Consumer Protection Act 1987; or

(e)          Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

22. EVENTS OUTSIDE OUR CONTROL 

22.1       We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

22.2       A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

(a)          Strikes, lock-outs or other industrial action;

(b)          Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c)          Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d)          Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e)          Impossibility of the use of public or private telecommunications networks; or

(f)           Pandemic or epidemic.

22.3       Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

23. STORAGE OF GOODS

23.1      The Client is responsible for the safe storage of all goods delivered to site.

23.2      All goods must be stored in a secure place and covered to protect from dust, dirt and water damage. This will specifically apply to doors and window furniture and roller shutter motors and moving components.

23.3      Steel Build Masters will not be liable or responsible for any damages or theft of goods from site from point of delivery and during the pre-construction and construction phases. Any damage or theft from site will be replaced at additional cost and time frames.

24. ASSIGNMENT

24.1     You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms

25. NOTICES

25.1     All notices sent by you to us must be sent in writing to Steel Build Masters Ltd, Twyford Mill Farmhouse West, Pig Lane, Bishop’s Stortford, Hertfordshire CM22 7PA. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.

26. GENERAL

26.1    If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

26.2    If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

26.3   A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.