These Terms of Trading supersede all previous Terms of Trading and shall form the basis of any contract of sales entered into by TCF Sheet Metal Fabrications

1. TCF Sheet Metal Fabrications hereby enters into a contractual relationship with the buyer (for example, an individual or company) requiring its goods or services.

2. The goods or services to be provided will be discussed and agreed with the buyer by TCF Sheet Metal Fabrications.

3. The dimensions and specifications will be agreed with the buyer to include customary and reasonable tolerances according to manufacturers’ recommendations.

4. TCF Sheet Metal Fabrications will provide an estimate, including price of goods and services, installation costs and, where appropriate, VAT at the prevailing rate.

5. The buyer will send confirmation of acceptance of the estimate in writing and a timescale for completion will be formally agreed.

6. The buyer will ensure that there are suitable premises, necessary services and amenities, for example, electricity, to enable TCF Sheet Metal Fabrications to undertake work at the agreed site.

7. (a) notwithstanding the passing of risk on delivery, the title to the goods shall not pass to the buyer until TCF Sheet Metal Fabrications have received payment in full (by cheque or cleared funds) for the goods and all other sums which are/or become due to TCF Sheet Metal Fabrications for sales of the goods or any other products to the buyer.

7. (b) if payment is overdue (or earlier in the circumstances described in clause (c) below, TCF Sheet Metal Fabrications may recover any or all of such goods and may without let or hindrance enter the buyer’s premises or site for this purpose.

(c)   from the advised due date of payment until settlement is made, interest will be charged at the bank rate prevailing plus 3%.

7. (d) until title to goods has passed to the buyer, the buyer will keep TCF Sheet Metal Fabrications’ goods separate, clearly identifiable and in good condition, but without prejudice to the buyer’s right to sell them in the ordinary course of business.

8. (a) unless otherwise agreed in writing, payments shall be made strictly nett by 30 days month end  following the date of invoice.(b)  any extended credit indulgence or forbearance extended by TCF Sheet Metal Fabrications to the buyer that is not subject to written agreement will not in any way prejudice their rights under clause 7(b) and 7(c).

9. If any information comes to the attention of TCF Sheet Metal Fabrications that gives TCF Sheet Metal Fabrications cause to  believe that the buyer’s ability to pay is in serious doubt or being a limited company and resolution or  petition to wind up its business is passed, or if a receiver of any part of such company’s assets shall be appointed, or an administrator is appointed, TCF Sheet Metal Fabrications will have immediate rights to recover their goods as stated in clause 7(b) before expiry of the standard credit terms notwithstanding any variance that had been agreed in writing to those terms (but subject to paragraphs 42 to 44 of schedule B1 of the Insolvency Act 1986). TCF Sheet Metal Fabrications’ proof of delivery of supply of any item will be deemed to be sufficient identification that the item is recoverable by TCF Sheet Metal Fabrications, notwithstanding that the total value of goods recovered shall not exceed the total value of the debt.

10. The buyer shall examine the goods on delivery/completion and shall as soon as possible, but in any case within 3 working days, give notice to TCF Sheet Metal Fabrications of any claim in respect of damage to such goods or notice of any reason why the buyer does not wish to accept the goods for full payment, in the event of TCF Sheet Metal Fabrications agreeing to collect the goods, the buyer stands responsible for the safe care and full value of the goods for a further 7 days following the notification or until TCF Sheet Metal Fabrications have collected the goods, whichever is the sooner.

11. (a) all assignable manufacturers’ warranties and guarantees are passed to the buyer instantaneously with the passing of the title.(b) TCF Sheet Metal Fabrications’ liability for claims relating to the quality, conformity with description, fitness for purpose, or performance of goods supplied to the buyer shall under no circumstances exceed the invoice price of the goods.

12. Notwithstanding clause 11, the goods are being sold “as is,” and TCF Sheet Metal Fabrications disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the goods and that no such statements or representations have been made.  The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the buyer has chosen to make and that TCF Sheet Metal Fabrications has afforded the buyer the opportunity for full and complete investigations, examinations, and inspections.

13. While TCF Sheet Metal Fabrications endeavours to deliver goods promptly; no liability whatsoever can be accepted by TCF Sheet Metal Fabrications for any direct or indirect consequential or subsequential loss resulting from late or non-delivery.

14. All goods supplied by TCF Sheet Metal Fabrications are supplied strictly on condition that manufacturers’ recommendations regarding their use, storage and health and safety are strictly adhered to. TCF Sheet Metal Fabrications accepts no liability for any direct or consequential loss resulting from any user’s failure to follow these recommendations.  Data sheets are available on request.

15. Unless goods are validly rejected in accordance with clause 4 above, TCF Sheet Metal Fabrications shall be under no obligation to accept a return of any goods accepted at the point of delivery and on completion unless TCF Sheet Metal Fabrications, having inspected such goods, agrees in its absolute discretion to accept all or any such goods for return in which case TCF Sheet Metal Fabrications reserves the right to make a reasonable charge for accepting the return of such goods.  Notwithstanding the foregoing, TCF Sheet Metal Fabrications will not accept a return of goods which were supplied to special order or which are obsolete.

16. Goods are supplied by TCF Sheet Metal Fabrications only subject to these terms and the buyer accepts these terms govern all contractual relationships between them to the exclusion of any terms contained in any of the buyer’s documents.

17. No employees or other person acting or purporting to act on behalf of TCF Sheet Metal Fabrications is authorised to agree or effect any alterations in these terms save that a director of TCF Sheet Metal Fabrications may in writing agree any amendments or alterations.