METAL PRODUCTS DIRECT
METAL PRODUCTS DIRECT
This page (together with the documents referred to on it) tells you the only terms and conditions on which we supply any of the products (Products) listed on our website metalproductsdirect.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
Any product images are strictly for illustrative purposes only, the actual product delivered may vary.
You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference. These Terms and Conditions may also be found from a link on our home page.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1.1 www.metalproductsdirect.com is a site operated by Metal Products Direct (we). We are registered in England and Wales under company number 06732342 and our registered and trading office is at 50 Trinity Way, Salford, United Kingdom, M3 7FX. Our VAT number is GB941177230.
Our site is only intended for residents of the United Kingdom, Northern Ireland and Eire (Serviced Countries). We do not accept orders from individuals outside those countries.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
(c) You are resident in or act on behalf of a business, company or other entity located in one of the Serviced Countries;
(d) You are accessing our site from one of the Serviced Countries; and
(e) You are not a consumer. This means that you are accessing our site and shall enter a contract with us by requesting the supply of Products as part of your business or profession only. If you are not doing so as part of your business or profession, please contact our sales team on 0161 793 0707 or [email protected] as different Terms and Conditions will apply.
1.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been completed/dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Completed/Dispatch Confirmation.
1.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
Subject to our receipt of full payment in cleared funds, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
1.4 The Products will be at your risk from the time of delivery.
1.5 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
1.6 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
1.7 These prices exclude VAT (as stated) and exclude delivery or installation costs, which may be added to the total amount due as set out in our Delivery and Installation Guides on our website.
1.8 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
1.9 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
1.10 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
1.11 Payment for all Products via our site must be by credit or debit card. We accept payment with Master Card, Visa. If you wish to pay by any other means please contact our sales team on 0161 793 0707 or [email protected]
1.12 You shall not be entitled to exercise any right of set-off or counter-claim.
Our refunds policy
1.13a For unwanted goods, you have 14 days to exercise your right of withdrawal. This means you must notify us that they are unwanted within 14 days.
1.13b For faulty goods, you have 30 days to exercise your right of withdrawal. This means you must inspect any Products and notify us of any defect, shortage or incorrect delivery within 30 days of delivery.
1.14 When you return a Product to us, for instance, because you have notified us in accordance with paragraph 18 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Subject to your notification to us within 30 days of receipt of the Products that the Products are defective and subject to your use of the Product as being within the ordinary and recommended use of such Products, Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you, the cost incurred by you in returning the item to us.
1.15 You are responsible for the safety of the Products until we have received them from you. Products to be returned must be appropriately packaged and the order number must be clearly visible. You shall be responsible for any Products damaged or lost in transit and shall be liable for the cost of remedying such damage or loss (or the costs of such damage or loss shall be set against any refund due to you).
1.16 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
1.17 In the event that you wish to return Products due to the fact that you have ordered the incorrect Product and you wish to order the correct Product, we retain the right to charge you a re-stocking charge of 10% of the value of the replacement Product. In such circumstances, you shall also be liable for the costs of return, delivery and installation as appropriate.
1.18 Custom made product or products produced to order will not be eligible for return unless defective or delivered in sub-standard condition.
Our liability
1.18 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. We make no warranty as to the fitness or use of the Products in or at any specific location or as to the location or proposed location or environment into or at which any Products are installed by us at your request.
1.19 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
1.20 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
1.21 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 1.21 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 1.18 or clause 1.19 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 1.21.
1.22 We shall only install Products under your guidance, direction, instruction and supervision. Consequently, we shall not be responsible for any loss, injury, costs, expenses, claims or demands however arising from the location of the installation of the Products and you shall indemnify us for any such costs.
Import duty
1.23 If you order Products from our site for delivery outside the Serviced Countries or for onward transmission to a country which is not one of the Serviced Countries, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
1.24 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Metal Products Direct, 17 Bridge Street, Pendlebury, Manchester, M27 4DU. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
1.25 The contract between you and us is binding on you and us and on our respective successors and assigns.
1.26 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
1.27 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events outside our control
1.28 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
1.29 A Force Majeure Event includes any act, event, non-happening, 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.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
1.30 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
1.31 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
1.32 A waiver by us of any default shall not constitute a waiver of any subsequent default.
1.33 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
1.34 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
1.35 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
1.36 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our right to vary these terms and conditions
1.37 We have the right to revise and amend these terms and conditions from time to time, for example, to reflect changes in market conditions affecting our business, price changes, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
1.38 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.