Bespoke Metal Engineering Ltd

POLICieS & TERMS

BESPOKE Metal ENGINEERING
Standard terms and conditions, PRIVACY POLICY,
COOKIES POLICY & WEBSITE Terms

Standard Terms and Conditions for Sale of Goods and Services 
of Bespoke Metal Engineering Ltd

 1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods and Services from the Seller;
1.2 "Goods and Services" means the articles to be supplied to the Buyer the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Goods and Services maintained by the Seller as amended from time to time;
1.5 "Seller" means Bespoke Metal Engineering Ltd,
Unit 7, Tregaller Complex, Daws House, Launceston, Cornwall PL15 7JP
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods and Services by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price shall be that in the Seller's current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage shall be paid for by the Buyer.
3.2 Payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
3.3 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2% per annum above the base rate of the Bank of England.
3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
3.4.1 Require payment in advance of delivery in relation to any Goods and Services not previously delivered;
3.4.2 Refuse to make delivery of any undelivered Goods and Services whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.4.3 Terminate the contract.
4 DESCRIPTION
Any description given or applied to the Goods and Services is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
5 SAMPLE
Where a sample of the Goods and Services is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.
6 DELIVERY
6.1 Unless otherwise agreed in writing, delivery of the Goods and Services shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods and Services whenever they are tendered for delivery.
6.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
6.3 If the Seller is unable to deliver the Goods and Services for reasons beyond its control, then the Seller shall be entitled to place the Goods and Services in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6.4 The Buyer shall be entitled to replacement Goods and Services where the Goods and Services have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.
7 RISK
Risk in the Goods and Services shall pass to the Buyer at the moment the Goods and Services are dispatched from the Seller's premises. Where the Buyer chooses to collect the Goods and Services itself, risk will pass when the Goods and Services are entrusted to it or set aside for its collection, whichever happens first.
8 TITLE
Title in the Goods and Services shall not pass to the Buyer until the Seller has been paid in full for the Goods and Services.
9 WARRANTY
9.1 Where the Goods and Services have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods and Services free of charge within 12 months from the date of delivery, subject to the following conditions:
9.1.1 The Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
9.1.2 The defect being due to the faulty design, materials or workmanship of the Seller.
9.2 Any Goods and Services to be repaired or replaced shall be returned to the Seller at the Buyer's expense, if so requested by the Seller. Unless expressly agreed otherwise and for the avoidance of doubt expenses include transport, packaging, road closure, labour, and any specialist equipment costs including lifting equipment to facilitate the return.
9.3 Where the Goods and Services have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods and Services shall be passed on to the Buyer.
9.4 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods and Services in the event that such price has already been paid.
9.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
10 LIABILITY
10.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
10.1.1 The correspondence of the Goods and Services with any description;
10.1.2 The quality of the Goods and Services; or
10.1.3 The fitness of the Goods and Services for any purpose whatsoever.
10.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
10.2.1 The correspondence of the Goods and Services with any description;
10.2.2 The quality of the Goods and Services; or
10.2.3 The fitness of the Goods and Services for any purpose whatsoever.
10.3 All implied terms, conditions or warranties as to the correspondence of the Goods and Services to any description or the satisfactory quality of the Goods and Services or the fitness of the Goods and Services for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
10.4 The seller shall not be liable to the Buyer for any special, incidental, indirect, consequential or exemplary damages, including, but not limited to, loss of profits or revenue, loss of use, loss of opportunity, loss of goodwill, cost of substitute facilities, goods or services, cost of capital, governmental and regulatory sanctions, and claims of third parties for such damages;
11 LIMITATION OF LIABILITY
11.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
11.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods and Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
16 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
17 SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.

Privacy Policy

Your privacy is important to us.
It is Bespoke Metal Engineering's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Bespoke Metal Engineering may change this privacy policy from time to time at Bespoke Metal Engineering's sole discretion.

Cookie Policy

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
The cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it.
This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. We use the cookies that are used and set by Google Analytics. You can find more information about these cookies and the purposes for which we use them by visiting Google. To opt out of being tracked by Google Analytics across all websites visit tools.google.com/dlpage/gaoptout.
Except for essential cookies, all cookies will expire after the periods that are set out in the table provided by Google Analytics which can be viewed by clicking on the above link.
Please note that our advertisers may also use cookies, over which we have no control. You should review the privacy policy and/or cookie policy of any advertiser that you visit as a result of an advert or link on our site.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our site.
For more information about cookies and how to stop cookies being installed or how to delete existing cookies from your hard drive visit the following website: www.allaboutcookies.org.

Website Terms

1. Terms
By accessing the website at https://www.bespokemetalengineering.co.uk/, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Bespoke Metal Engineering's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Bespoke Metal Engineering's website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Bespoke Metal Engineering at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Bespoke Metal Engineering's website are provided on an 'as is' basis.
Bespopke Metal Engineering makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Bespoke Metal Engineering does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Bespoke Metal Engineering or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Bespoke Metal Engineering's website, even if Bespoke Metal Engineering or a Bespoke Metal Engineering authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Bespoke Metal Engineering's website could include technical, typographical, or photographic errors. Bespoke Metal Engineering does not warrant that any of the materials on its website are accurate, complete or current. Bespoke Metal Engineering may make changes to the materials contained on its website at any time without notice. However Bespoke Metal Engineering does not make any commitment to update the materials.
6. Links
Bespoke Metal Engineering has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Bespoke Metal Engineering of the site. Use of any such linked website is at the user's own risk.
7. Modifications
Bespoke Metal Engineering may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Launceston, Cornwall and you irrevocably submit to the exclusive jurisdiction of the courts in that location.