Terms and Conditions
These Terms and Conditions of Business (“Terms”) set out the general terms upon which Andrew Hewat Metalwork will provide products and services. Please read them carefully as you will be bound by them and they apply to all goods and services supplied to you by us unless and until we notify you of any variations.
About us
1. a) Andrew Hewat Metalwork (AHM) is a producer of metal products.
b) AHM are situated at: a. Uldale Mill Barn, Ireby, Wigton, Cumbria
c) Our contact details are:
a. Tel:
b. Email:
c. Web:
d) Our opening hours are 08:00 – 16:30
e) We specialize in manufacturing standard and bespoke hand made products using various materials including steel and timber.
f) We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees.
g) These Terms and Conditions will apply to the purchase of the Goods detailed in our estimate or sales order acknowledgement.
h) These Terms and Conditions will be deemed to have been accepted by you when you accept the estimate or from the date you (the buyer), raise a purchase order for the Goods. This will constitute the entire agreement between us and you.
i) These Terms and Conditions and the estimate apply to the purchase and sale of any Goods between us and you, to the exclusion of any other Terms and Conditions that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.0 Billing, Payment & Fees:
1.1 Our payment terms are strictly payment on receipt of invoice for material costs; stage payments or final account as agreed in advance.
1.2 At the discretion of AHM payment of goods on account may be required before we can commence manufacture of any goods. Please note you may have to wait up to 5 working days for cheque payments to be confirmed as valid and cleared before your goods can be scheduled into production.
1.3 Our standard payment method is BACS or Bank Transfer. We may also accept payment by Cheque.
1.4 Under the Late Payment of Commercial Debts (interest) 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and 2013, we reserve the statutory right to charge interest at 8% above the Bank of England base rate on all overdue accounts. Interest shall accrue daily from the due date until the actual date of cleared funds relating to payment of the overdue amount, whether before or after judgment. You must pay the company interest together with any overdue amount.
1.5 Where our invoice remains unpaid we will exercise our right to take legal action to recover the debt. All costs of recovering the debt will be borne by you, the customer.
1.6 The title to any materials (paid for in advance or otherwise) as well as any finished or part finished work remains the property of AHM until all debts are settled in full. We exercise this lien without exception.
1.7 You have been provided with standard costs and or estimate for products and services which sets out the expected charges, you will be invoiced, for work we carry out at your request. Any work or alteration requested after we have agreed the cost estimate will be counted as an additional cost and chargeable to you within these terms and conditions.
1.8 Whilst we attempt to maintain the prices, if the cost of goods to us increase due to any factor beyond our control, including but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we reserve the right to increase our price to you. In the event of a price alteration, you will be notified on your order confirmation or in writing or via email and you will have the right to cancel at that point. Cancellation of orders described under this clause must be notified in writing within 24 hours from receipt of notification of increase. Any work undertaken and cost incurred, up to and including cancellation, remains your liability and will be invoiced to you in accordance with these terms and conditions.
1.9 All our prices are quoted exclusive of VAT.
1.10 Carriage is quoted for each individual order unless otherwise agreed.
1.11 Delivery included prices cover the UK mainland only and are to a kerbside / ground floor destination within 15 miles of our address. Delivery elsewhere is subject to a separate charge. This will require an independent quotation and will be confirmed at the time of quotation or order if we have not been previously advised.
1.12 For deliveries to a residential address, the delivery is made kerbside for any heavy products.
1.13 In accepting the cost estimate, you acknowledge that you have not relied upon any statement, promise or other representation about the Goods made or offered by us.
1.14 Should you or your customer (if any) fail to take delivery of the goods, or the goods have been refused for delivery then the goods will still be invoiced, and a re-delivery and handling charge will be incurred by you.
2.0 Estimates and further work:
2.1 Any instruction we receive from an you, or third party acting on your behalf will be deemed to be a change in the original instruction and must be confirmed in writing.
3.0 Goods:
3.1 Except as herein expressly provided and as provided by law, AHM does not supply goods with the benefit of any term or condition, express or implied or warranty, as to merchantability of the goods or their suitability for any purpose whatsoever. You acknowledge that you have not relied upon any statement, promise or other representations about the Goods offered by HWM.
Based on the information you provide at the time of the estimate, we will provide you with product details to assist you in making your decision. However, you acknowledge that the information provided is intended as a guide only.
AHM shall not be liable for loss or damage arising out of or in connection with any reliance on information given as a guide.
3.2 AHM policy is one of continuous improvement and, as such, we reserve the right to amend, vary or alter any standard design and /or specification without prior notification. If, in the opinion, of AHM such changes will in no way detract the product from its original function or purpose.
3.3 Where a design / specification is provided by the customer, if, in the opinion of, AHM deem that aspects or the whole become unworkable, the customer will be notified of that occurrence. If available to AHM an alternative will be proposed or the customer can re-specify the design to one that is workable by AHM.
3.4 Images of goods on our website or in any publicity are for illustrative purpose only. Although AHM have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours or the printed pictures accurately represent the colour of the goods and your goods may vary from those images.
5. Scope of Engagement:
5.1 Your order in writing, by email, fax or post is a binding offer and agreement. All quotations supplied by AHM and all purchase orders made by you following from any estimate or otherwise are accepted by us subject to these Conditions. These Conditions shall apply to all contracts for the sale of Goods or Services by us to you to the exclusion of all other terms and conditions unless expressly agreed in advance by us in writing.
5.2 Your order confirmation will confirm the item description, estimated cost, delivery address and will also advise an estimated delivery time.
5.3 You must check you order confirmation carefully as errors may not be rectified once production of any item/s has commenced.
5.4 Cancellations of orders once manufacturing has commenced is not accepted by AHM unless an agreement has been reached with AHM and confirmed in writing with a specification of reimbursement or other compensation due to us.
6. Completion and Delivery:
6.1 AHM do our utmost to keep to delivery times quoted or indicated on our order confirmation, however, you acknowledge that these are indications only. It may not always be possible to deliver the goods and/or commence the services within this timeframe and you agree that delivery may take longer. Notice will be given to you whenever possible.
Delivery dates quoted are estimates only and we shall not be liable for any loss or damages resulting from any delay in delivery.
6.2 We will arrange for the goods to be delivered to the address specified on your purchase order unless agreed otherwise. (Subject to the provisions stated above)
6.3 Subject to the specific terms of any special delivery service, delivery can take place at any time of day and must be accepted at any time between the hours of 08:00 – 18:00.
6.4 Goods are usually delivered to Goods Inwards or Reception and always to kerbside / ground floor (unless previously agreed in writing)
6.5 Our goods will be delivered as appropriate. You must ensure that the delivery destination has the facility to offload and handle the goods.
6.6 You or an authorized person must be present to receive and sign for delivery. Any failed delivery may result in a return delivery charge.
6.7 If you do not take delivery of goods we may, at our discretion and without prejudice to any other rights:
1. a) Store or arrange the storage of the goods. You will be charged for all associated costs and expenses including, but not limited to transportation, storage and insurance of said Goods.
1. b) Make arrangements for the redelivery of the goods and charge you for the cost of such redelivery.
6.8. Split deliveries are possible but will incur extra delivery charges.
7.0. Damages or Short Delivery:
7.1 All goods must be examined carefully before signing the delivery document.
7.2 If any item is damaged, you must endorse the delivery document accordingly. Additionally, you must advise us verbally within 24 hours and in writing within 3 days of receipt of goods. We will consider claims only if the above conditions are met. A delivery note or document acknowledging receipt signed “Un examined” or “Un-checked” or of a similar meaning is not an acceptable base for a claim.
7.3 Other than by agreement, we will only accept returned Goods if we are satisfied that the goods are defective and if required, we have carried out an inspection or the necessary checks have been made.
7.4 Subject to your compliance with this clause and/or our agreement, you may return the goods and we will, as appropriate, repair, replace or refund the goods or part of them at our discretion.
7.5 We will be under no liability or further obligation in relation to the goods if:
a) You fail to provide the notice as set out above.
b) You make any further use of the goods after giving notice under the clause above relating to damages.
c) The defect arises from misuse or alteration of the goods, negligence, wilful damage or any other act by you, your employees, agents or any third parties.
8.0 Return of Goods:
8.1 AHM manufactures all standard range products and bespoke products to order only.
Returns are not accepted unless agreed otherwise by AHM and solely at their discretion.
8.2 Returns that have been accepted by AHM will be subject to a re-stocking charge.
8.3 The customer is liable for the goods until they have been returned and signed back into the AHM’s premises in the same condition that they left. AHM reserves the right to levy a charge for damage.
8.4 AHM cannot accept the return of bespoke Made to Order Products/Goods if the reason for return is because you have provided incorrect measurements or incorrect information regarding specification or because you no longer require or want the goods for any reason. It is your responsibility to provide the correct specification for your requirement.
8.5 Carriage charges cannot be refunded.
8.6 A credit on account will be raised for the returned Goods. Alternatively, if your account balance is nil then a BACS payment will be made to refund the amount.
9.0 Warranty:
9.1 AHM products hold a 12-month warranty against manufacturing defects.
9.2 You must inspect the goods on delivery or collection. Claims cannot be accepted after delivery is signed for.
9.3 Where the goods are found to be defective due to a manufacturing defect within their warranty period AHM shall repair or in its sole discretion replace defective goods free of charge, subject to, the remainder of this clause 9 and you notifying AHM in writing immediately upon a defect becoming apparent due to faulty materials or workmanship. AHM shall have no further liability to the Buyer.
9.4 The warranty described in this clause 9 does not apply to any defect in the goods arising from:
1. a) Normal/fair wear and tear
1. b) Misuse or alteration of the goods, negligence, wilful damage or any other act by you, your employees, agents or any third parties.
1. c) Your failure to use the goods in accordance with the instructions or care leaflet. See clause 10.
1. d) Any specification provided by you.
9.5 The warranties described in this clause 9 are in addition to, and do not affect your legal rights in relation to the goods that are faulty or not as described.
10.0 Product Finishes:
10.1 AHM is unable to guarantee the advance of rust on any unpainted or untreated product.
10.2 Exposure to damp or humid conditions or any corrosive substance such as cleaning agents will cause accelerated corrosion and will invalidate our normal product warranty.
10.3 Furthermore, occasionally seepage may occur at points of welded sections, metal to metal contact areas and blind holes. This is not a manufacturing defect and is not covered under our normal product warranty.
This does not affect your statutory rights.
11.0 Risk & Title:
11.1 The risk in the Goods will pass to you on completion of delivery.
11.2 Title to the Goods (covered by the delivery note and invoice) will not pass to you until the earlier of:
1. a) The Company receives payment in full (cleared funds) for the Goods and any other Goods or Services that the Company has supplied to you in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all sums or,
11.3 Until title to the Goods has passed to you, you must:
a) Hold the Goods on a fiduciary basis as our bailee
b) Store the goods separately and not remove, deface or obscure any identifying marks or packaging on or relating to the goods
c) Keep the goods in a satisfactory condition
d) Keep them insured against all risk for their full prices from the date of delivery.
e) Give the Company such information relating to the Goods as the Company may require from time to time.
11.4. Until property of the Goods passes from AHM to you, and where the goods have not been resold, or irreversibly incorporated into another product and without limiting any other right or remedy we may have, you shall upon request deliver up to the Company such Goods. If you fail to do so, the Company may enter upon any premises owned, occupied or controlled by you, or any receiver or liquidator where the goods are situated and repossess the goods.
12.0 Data Protection & Confidentiality:
12.1 The placing of orders will require you to provide AHM with certain information such as names, addresses and other relevant details to enable an efficient transaction to take place.
12.2 Where you have indicated your consent, AHM may contact you about similar products or services that we offer. To stop receiving this information or for further information on the General Data Protection Regulation 2018 please refer to our Privacy Statement 2018 which is available on request.
13.0 Intellectual property rights / copy rights:
13.1 All Content included on the Website and in our product literature and brochures, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, or other relevant third parties. You acknowledge that such material is protected by applicable United Kingdom intellectual property and other laws.
13.1 You must not reproduce, copy or distribute any material or images from the Company website or Brochures.
13.2 Digital images remain the property of AHM and may only be used when express permission has been granted. All rights remain with the company.
14.0 Limitation of Liability:
14.1 We will not be liable, foreseeable or otherwise (whether caused by our employees, agents or any third party) in connection with the Goods for:
a) any direct or indirect, special or consequential loss, damage, costs or expenses.
b) any loss of profit, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third-party claims.
c) any failure to perform any of our obligations if such a delay or failure is due to any cause beyond our reasonable control. See clause 15.0.
d) any losses caused directly or indirectly by any failure or breach by you in relation to your obligations.
e) any loss relating to the choice of the Goods and how they will meet your purpose or use by you of the Goods supplied.
f) Any defect in the Goods arising from any drawing, design or specification supplied by you.
g) We shall not be liable under any warranty, condition or guarantee (if any) if the total price for the Goods has not been paid by the due date for payment.
15.0 Force Majeure:
Neither party shall be liable for any failure or delay to perform any of its obligations due to Force Majeure.
For the purpose of this clause, Force Majeure means any cause or circumstance that is beyond the Reasonable control of that party. Such causes include, but are not limited to: power failure, fire, explosion, flood, lighting, act of god, act of terrorism, war, rebellion, riot, sabotage, or official strike of similar official labour dispute, internet service provider failure.
16.0 No Waiver:
No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
17.0 Severance:
If one or more of these Terms & Conditions is found to be unlawful, invalid or otherwise Unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
18.0. Law and Jurisdiction:
This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
19.0 Other Important Terms:
19.1 Your placement of an order and any subsequent orders is an acknowledgement that you have understood and accepted these terms and Conditions.
19.2 A “business day” or “working day” means any other day than a Saturday, Sunday or Bank Holiday in England and Wales.
GENERAL:
In these Terms and Conditions:
"We/Us/Our/AHM/Company" referred to in the following conditions means Andrew Hewat Metalwork.