|1. On receipt of an order Southwest Fabrications will fulfil the contract subject to the provisions of these Terms and Conditions to the exclusion of all other terms and conditions.
2. From time to time these Terms and Conditions will be updated. You are expected to let us know if you would like to be informed when updates occur.
3. These Terms and Conditions are deemed to have been accepted by you when you place an order with On receipt of an order Southwest Fabrications.
4. If any part of these terms and conditions shall be invalid or unenforceable than any other parts shall remain in full force and effect.
Order and Contract
- All prices are subject to VAT at 20%.
- The description of goods and services shall be as set out in our offer to supply.
- Southwest Fabrications has the right and sole discretion to decline to carry out any service.
- Purchase orders shall be deemed to be accepted and binding when we contact you to confirm acceptance either by telephone, e-mail or fax.
- Southwest Fabrications is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods or the order or for reasons of unavailability.
- Southwest Fabrications reserves the right to place restrictions on the volume of any goods ordered.
- Southwest Fabrications shall under no circumstances whatsoever be liable to the customer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect consequential loss arising under or in connection with the supply of goods.
- All products are subject to availability, E&EO. Such information is subject to change without notice.
- If following our Purchase Order Acknowledgement (POA) goods are unavailable or if Southwest Fabrications needs to vary the price due to supplier price increases or exchange rate fluctuations then Southwest Fabrications shall notify you to allow the opportunity to cancel your order if Southwest Fabrication has not done so itself.
- A Purchase Order Acknowledgement (POA) may only be changed when agreed by both parties.
- All drawings, descriptive matter, specifications and advertising issued by Southwest Fabrications and any descriptions or illustrations contained in/on our web site(s) are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They will not form part of a contract.
- Southwest Fabrications shall be free to sub-contract or otherwise deal with the whole or any part of the contract. We may at any time transfer or assign all or any rights and/or obligations or any part of it to any person, firm or company.
- Applicable delivery charges will be advised in our offer to supply.
- Delivery dates are an estimate and shall not be made of the essence by notice. If delivery dates are not specified then delivery will be within a reasonable time. We will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods nor will any delay entitle you to terminate or rescind the order unless such delay exceeds 20 working days.
- All risk for the goods will pass to you on receipt of the goods.
- It is the responsibility of the customer to package correctly, organise and pay for the shipping of goods being returned to Southwest Fabrications.
Invoicing and Payment
- Prices/charges and payment terms are as specified in our offer to supply and/or your invoice.
- Payment shall be made in UK pounds sterling. Only cheque’s, drafts or other payment instructions drawn on a bank trading in the UK are acceptable unless otherwise agreed. All credit and debit card transactions will incur a 5% surcharge to cover our costs.
- All goods and service/repair parts will remain the property of Southwest Fabrications until payment has been made in full and the customer shall remain a bailee only until payment is made.
- You shall make all payments due under the contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Southwest Fabrications to you.
- Southwest Fabrications reserves the right at any time during the term of the agreement to suspend services and to withdraw access to a web site if payment is withheld until such time that outstanding debts including relevant interest charges (if applicable) are collected in full. Equally Southwest Fabrications can then subsequently demand full payment in advance for the duration of the contract to supply said services if it then feels it is deemed necessary.
- Any account outstanding beyond our credit terms may be passed out of hand to our debt recovery agents. Accounts that are passed will be subject to a surcharge of 15% to cover the cost incurred. Such accounts will also be subject to any other costs incurred in obtaining settlement.
- We have the right to charge interest as per the 1998 act for Late Payments of Commercial Debts. A credit charge of 5% above the Lloyds TSB lending rate for the period due date to settlement date may be made if an invoice is not paid by the due date. Southwest Fabrications reserves the right to vary the rate of interest charged.
- Complaints and disputes must be notified by the customer to Southwest Fabrications in writing within 14 days of the date on the invoice.
- Termination of the agreement shall not affect any obligation or liability of any party which has accrued at the date of termination.
- In respect of any other accrued rights, neither party shall be under any further obligation to the other.
- In the case of cancellation of a purchase order where work is in progress, all work to the date of cancellation will be chargeable.
- Southwest Fabrications reserves the right at any time during the term of the agreement to withdraw the service and/or access to a web site in the event that we consider the information being displayed breaches any applicable laws or the rights of any third party or is prejudicial to the interests of Southwest Fabrication.
- Offers will state if a service to be provided is by a third party company. Purchase orders for third party services cannot be cancelled within the minimum contract period, normally 12 months. The responsibility for support, performance and reliability is with the actual provider of the service(s) unless otherwise specified in our offer.
- Goods are supplied with a minimum 12 months manufacturers warranty. In many instances the goods are supplied with a manufacturer’s warranty card which will need to be completed and returned to the manufacturer by you to register your purchase.
- All claims after 28 days from date of invoice should be directed to the manufacturer.
- Return To Base (RTB) denotes return to manufacturers base.
- Physical damage is not covered by guarantee.
- Any alteration to the equipment not authorised by Southwest Fabrications shall constitute a waiver by you of the guarantee.
- Network installations are supplied as hardware plus installation labour. They are supplied without support or onsite response warranty unless otherwise specified on our offer.
- Prior to returning goods notify Southwest Fabrications by email stating your invoice number, product and fault details. A Returns Material Authorisation (RMA) number will be issued by Southwest Fabrications which is to be clearly written on the packaging.
- If the customer does not reject the goods within 7 days of the date of delivery of the goods then the customer is deemed to have accepted the goods in their state and condition as delivered.
- Products being returned must be packaged accordingly, ideally in the manufacturer’s original packaging. Southwest Fabrications reserves the right to refuse to accept incorrectly packaged goods. Goods must be returned complete with all pieces as originally supplied.
- Within a period of 14 working days Southwest Fabrications will report their “fault” findings to you.
- We will not accept claims for goods arriving in a damaged condition. Products that arrive with packaging damage should be refused.
- No refunds or exchanges will be made until goods have been received by Southwest Fabrications. For your own protection it is advisable to obtain a receipt when posting returns and to pack items carefully to avoid damage.
- Faulty goods may be returned to the supplier or manufacturer for investigation by Southwest Fabrications. They will repair or replace components found to be faulty at their discretion.
- Southwest Fabrications shall use reasonable efforts to replace damaged or defective goods but if replacement is not possible, or if an order is cancelled for any other reason than Southwest Fabrications only obligation is to refund the full amount paid by you. This does not affect your statutory rights.
- Goods lost in transit will be subject to investigation by the company used for transit. If investigation shows your claim to be valid then a replacement consignment will be dispatched in due course.
- Southwest Fabrications will always give full consideration to any complaint received but liability will be limited in all circumstances to the refund of monies received or to the supply of satisfactory goods.
- We reserve the right to charge a handling fee of up to 50% of the original purchase price for goods that are returned and following inspection are found not to be faulty.
Liability and Insurance
- Southwest Fabrications accepts no liability for any delay, damage, costs or any other loss howsoever caused, arising from any matter relating to Southwest Fabrications if these are outside our reasonable control.
- Southwest Fabrications accepts no responsibility for any mistakes or errors that arise during the course of any service and shall not be liable for any loss of information or data or any damage thereto or any loss of profit by any indirect, special or consequential loss whether caused by the negligence of Southwest Fabrication, its employees or agents.
- It is the sole responsibility of you to check all goods and services as Southwest Fabrications cannot be held liable for any failures in this element of the service.
- Southwest Fabrications will not be liable for any loss of data, copy, artwork, photographs or other materials which you supply to us. You are responsible for retaining such materials for whatsoever purposes you may require.
- Southwest Fabrications expressly excludes any liability for any data held on equipment for repair or any costs incurred due to lost data. Data may be overwritten during the repair process. We recommend that any valuable data is copied/ removed before the item is sent for repair.
- You hereby undertake to keep Southwest Fabrications fully and effectively indemnified against any liability which Southwest Fabrications may suffer or incur.
- Southwest Fabrication shall not be liable for any delay or failure in performance of any part of this agreement to the extent that such delay or failure is caused by transportation, fire, flood, explosion, accident, war, strike, embargo, governmental requirement, civil or military authority, Act of God, civil unrest, inability to secure materials or labour or any other causes beyond our reasonable control or beyond the control of that of our servants or agents. Any such delay or failure shall suspend this agreement until the Force Majeure ceases and the original contract for goods and/or service(s) shall be extended by the length of the suspension.
- Any information you provide to Southwest Fabrications including account and credit card details, is stored in a manner approved by Data Protection legislation and we enforce strict internal security procedures to ensure compliance and prevent unauthorised access.
- Other than as necessary to fulfil your order we will not disclose your personal information, any secret or confidential information to any third party without your written consent or unless we are required to do so by law.
- All aspects of contracts between you and Southwest Fabrications shall be governed and construed in accordance with the English law, and in the event of any dispute the parties submit to the exclusive jurisdiction of the English court.
I agree and accept;
Company Address: …………………………………………………………………