Balby Court Business CampusDoncasterDN4 8DE
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Terms & Conditions

The following Terms and Conditions of sale outline the basic agreement by which we – the Contractor – provide you – the Client – with our service. This is an outline only and all terms and conditions shall be deemed accepted on the placing of an order. Acceptance of this quote assumes you have read and accepted the terms and conditions here and the terms of our contract in full. For further details of these please click the Agreement Terms tab above.

ORDERING

Order confirmations must be in writing. Please complete the Order Form towards the end of this quote, scan or photograph it and email it to us. Alternatively, you may confirm you order via Purchase Order or email confirmation. Please quote the correct Job Reference number plus any revision (A, B, C, etc.) when ordering. This can be found on page 2 of your quote and on the order form to the rear.

PAYMENT

Clients are invoiced separately for the building and installation and are advised of the following lead times and required payment milestones:

Material Goods

      40% deposit, payable on order.

      60% materials balance, paid as cleared funds seven (7) days prior to delivery.

Optional Installation

      50% deposit by the end of the first week of the installation

      45% on preliminary completion (defined in contract)

      5% retention fee due 28 days after

Please note that our Material Goods payment milestones are dictated by our supply chain partners and we have no control or ability to renegotiate these for individual clients. We will not place your order with the fabricator until the 40% materials deposit is paid in full; and deliveries will not be fulfilled until the materials balance is paid in full.

The installation terms and milestones have more flexibility. For larger projects (>2 weeks duration) please contact us to discuss.

All monetary amounts referred to are in GBP. Clients shall be advised of the specific, named dates in our contract agreement. Accepted payment methods are bank transfer via BACS or Faster Payments. At our discretion, we may accept payment via debit card but this will incur card processing charges. We do not accept credit cards. If you are a business customer, we may be able to arrange finance. Contact us for further details.

All building materials remain the property of Castle Steel Buildings until fully paid for. In the event of a material price rise by the material manufacturer beyond the validity of the quote, the purchaser agrees to pay the increase in full.

For the purposes of VAT, the Client shall be regarded as the End User in the supply chain unless the Contractor is notified otherwise in writing. Where the Client is not the End User in the supply chain, the Contractor shall require written details of the End User for verification.

Statutory charges and interest will be charged on all late payments and in line with the Late Payments of Commercial Debt Act. Details of these, plus all payment schedules and amounts are outlined in the individual contracts.

 

 

Interest

 

8% plus the Bank of England base rate

 

 

Debt Recovery Fee

Amounts to £999.99 = £40

Amounts £1 000.00 to £9 999.99 = £70

Amounts exceeding £10 000.00 = £100

 

CHANGES / AMENDMENTS

Once your deposit has been received, we shall issue Approval Drawings for you to sign off on. It is the responsibility of the Client to check the individual features and positions of features on their original plans against the Approval Drawings. Changes or amendments made after approval drawings have been confirmed, WILL incur charges for redrawing. The Client will be responsible for said charges. Additionally, significant changes to the building design may lead to a revised quote price. The Client agrees to accept any material change in price because of re-draw or re-design.

DELIVERY

Our standard turn-around time for delivery is 3-4 weeks however Clients are strongly advised to check our website for the latest delivery times. We will advise you of a “week commencing” delivery date once your approval drawings have been signed off; and a specific delivery date closer to the “week commencing”. It is not possible to reschedule delivery inside of a week prior to the arranged delivery date so if you need to delay delivery beyond the advised time please contact us ASAP.

Delivery is to the front of the property only unless there is sufficient area for the delivery truck to turn around on your property. Delivery does not include off-load or laying down of materials and Clients should assume they are responsible for this. Clients requiring assisted off-load should book this as an optional, chargeable extra at the time of order.

If a delivery cannot be made for whatever reason the Client agrees to pay any demurrage, storage and re-delivery charges imposed by the transportation company. Castle Steel Buildings Limited or their subcontractors shall not be responsible for any costs incurred or loss of trade resulting from an aborted delivery. Please complete the Delivery Call Off Sheet at the end of this quote, scan or photograph it and email it to us.

BASE / PAD REQUIREMENTS

A steel building from us cannot be fastened to soft ground, soil, gravel, resin-bonded surfaces or tarmac. Your steel building will require a suitable base onto which it can be bolted and built, ideally a concrete pad with mesh and individual pillar points to support the columns.

The client responsible for ensuring a suitable base is prepared before building installation can begin, however we can provided you with some generic advice. This advice comes free of charge with any order.

If, in the judgment of our subcontracted installers, a base is not suitable we reserve the right to postpone the installation and charge for any additional costs incurred.

BUILDING CONTROL AND PLANNING DEPARTMENTS

Clients are responsible for ensuring that all structural calculations and planning permissions are in place before your kit is placed into manufacture.  Changes to kits once in production are expensive and delay delivery. We can provide a structural calculations pack for Building Control on request. This is chargeable prior to an order but we will supply it freely

Please note we do not provide specific planning permission advice or consultancy. The client is responsible for planning permission applications.

Generic advice on planning regulations, including the score of permitted development, can be found on our website.

INSTALLATION

Please note that we offer an optional installation price from a recommended and experienced installer.

As such, we are not considered as the Principal Contractor for the installation of your building. If we are not advised as to who is the principal contractor, we will assume this role is being undertaken by the Client (yourselves).

The Principal Contractors role is set out in CDM regulations (2015) and such things as welfare facilities, site security, physical barriers, site signage and the overall safety of all trades, client personnel and the public is the responsibility of the Principal Contractor on the site.

Additionally, power should be supplied by Client and all wiring/electrical connections for powered roller doors should be done by others with the appropriate qualifications. Suitable access and ground conditions to and around the proposed building is needed for the plant and equipment used during construction. This generally requires a clear 2-3 meters around all elevations of the building but in some cases as little as 1 meter can be acceptable. You will need to discuss this in detail with your installer.

There will also need to be access onto the slab for the installation plant; therefore, a suitable ramp onto said slab may be required depending on its dimensions. We are not responsible for the removal of waste or surplus materials. Construction waste should be removed from site by others, and we recommend a skip is made available at the time of installation to avoid housekeeping issues during or towards the end of construction.

Please ensure the site is free of obstructions and that surfaces are level, clean and fit for purpose. We cannot be held responsible for damage caused to materials due to site conditions.

Site inductions will be up to 60 minutes long at the start of the project.

There shall be no out of hours or weekend work unless agreed with the installation team prior.

The following text forms the contract / agreement for the supply and installation of our buildings. Where the building is supply only, the clauses referring to installation to not apply and are not included in the signed contract/agreement

BACKGROUND

The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows: Services Provided The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):

• Design, supply and delivery of materials outlined in Schedule I of the Agreement

• Fully install steel work, cladding and finishing to a pre-designed steel building; and

• undertake any necessary snagging works within 28 working days of preliminary completion.

The Services will also include any other tasks which the Parties may agree on.

The Contractor hereby agrees to provide such Services to the Client. In the event of a material price rise by the material manufacturer, the Client agrees to pay the increase in full.

The Client is responsible for ensuring all necessary building control and planning permissions are in place before the material kit is manufactured. The Client is responsible for ensuring a suitable base is prepared before installation can begin.

The Contractor reserves the right to postpone the installation and charge for additional costs incurred if, in their professional opinion, the base is not suitable. Term of Agreement The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement.

The Term may be extended with the written consent of the Parties. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 10 days' written notice to the other Party.

PERFORMANCE

The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

CURRENCY

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

PAYMENT

The Client will be invoiced as per the payment terms outlined in Schedule II of this Agreement.

The Contractor will charge the Client a flat fee for the Services (the "Payment") as outlined in Schedule III of this Agreement.

The Payment as stated in Schedule III and Schedule V of this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.

For the purposes of VAT, the Client shall be regarded as the End User in the supply chain unless the Contractor is notified otherwise in writing.

Where the Client is not the End User in the supply chain, the Contractor shall require written details of the End User for verification.

Schedule V also outlines the due dates for each Payment under the payment terms outlined therein. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.

The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation or social security costs.

RETENTION AND RECTIFICATION

Unless otherwise agreed, the Client shall be entitled to withhold 5% of the installation fee beyond the preliminary completion of the building works for rectification (the “Retention Percentage”) Preliminary completion of building works (“preliminary completion”) is defined in Schedule IV.

The Client is not entitled to retain more than the Retention Percentage if the preliminary completion as listed above has been done.

The Client shall notify the Contractor in writing of any rectification works required on the building within 10 working days of the preliminary completion.

The Contractor shall undertake the required rectification works within 25 working days of notification by the Client, unless otherwise agreed between the Parties. The Contractor is not obliged to undertake rectification works that are not part of this Agreement; that were notified outside of the 10 working days notification period given above; or that might necessarily require adjustments, alterations or removal of works completed by a third party.

Once the agreed rectification works have been completed the building will be signed over to the Client and the Retention Percentage shall be due immediately.

DELIVERY

The Client agrees to accept the materials within 3-4 weeks of ordering, unless otherwise agreed between the Client and the Contractor.

Delivery shall be to the front of the Client’s property only unless there is sufficient area for the delivery truck to turn around on the property.

The Client should assume they are responsible for the off load of materials. The Contractor will make every effort via their supplier to assist with off load of materials however this is not guaranteed.

The Client is responsible for any costs incurred should the materials be unable to be delivered and/or offloaded at the agreed site and date unless the reasons for delay are out of the reasonable control of the Client.

The charges for non-delivery, return to depot and storage are outlined on the Castle Steel Buildings website under Frequently Asked Questions.

SHORTAGES, DEFECTIVE GOODS AND RETURNS

On delivery, you are obliged to immediately inspect the Goods to ascertain that they conform to these Terms as regards quantity and quality. In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery, and, in any case, within 48 hours.

If possible, you should forward photographic identification to us and inform the relevant haulier at the time of delivery. We will (at our sole discretion):

• make up any shortages;

• provide you with a full or partial refund;

• replace the Goods; or

• repair the Goods.

If we do not hear from you in relation to the Goods within a period of 48 hours from delivery we will presume that the quantity and quality of the Goods is acceptable to you and we shall accept no liability to you for any shortages or defects whatsoever, save that we shall accept liability for defective Goods where the fact that they are defective would not be apparent from a thorough initial inspection.

These Terms will apply to any, additional, repaired or replacement Goods we supply to you.

HEALTH AND SAFETY

The Client is responsible for notifying the Contractor of any relevant Health and Safety issues on site, as well as any relevant practices in place to maintain a safe and compliant working environment.

It is the responsibility of the Parties to mutually agree a Risk Assessment and Method Statement (the “RAMS”) prior to work commencing on site that reflects these practices and the relevant Health and Safety legislation.

It is the Contractor’s responsibility to ensure that his employees are briefed in the requirements of the RAMS, any on-site practices and any other requirements of Health and Safety legislation; and that they work to this standard throughout.

WARRANTIES

A number of different warranties cover different aspects of this Agreement, all of which are transferable to the Client once the building is signed over.The warranties under this Agreement are detailed in Schedule VI.

The design of complete building structures is provided by Omega Steel Buildings Limited.

The warranty for physical materials is provided by various suppliers

The warranty for installation work is provided by the installer.

These warranties operate under the terms outlined in Schedule VI of this Agreement.

REIMBURSEMENT OF EXPENSES

The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. All expenses must be pre-approved by the Client.

Penalties for Late Payment Late payment of any invoice (28 days plus from the stated due date in Schedule III of this Agreement) will incur debt recovery costs and statutory interest under the Late Payment of Commercial Debts (Interest) Act 1988.

The charges and interest incurred are:

Interest 8% plus the Bank of England base rate

Debt Recovery Fee

Amounts to £999.99 = £40

Amounts £1 000.00 to £9 999.99 = £70

Amounts exceeding £10 000.00 = £100

Castle Steel Buildings reserves the right to pass any unpaid amount along to a debt collection service for further action at any point.

CONFIDENTIALITY

Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law.

The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. Ownership of Intellectual Property All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client.

The use of the Intellectual Property by the Client will not be restricted in any manner.

The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client.

The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.

RETURN OF PROPERTY

Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

CAPACITY / INDEPENDENT CONTRACTOR

In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

INSURANCE

The Contractor shall be responsible for his own insurance and shall ensure it provides suitable cover for public liability, professional indemnity and employer liability.

Details of the relevant policies are outlined in Schedule VII. Notice All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the addresses outlined in Schedule VIII or to such other address as either Party may from time to time notify the other.

INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement.

This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

TIME OF THE ESSENCE

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

ASSIGNMENT

The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

ENUREMENT

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

TITLES / HEADINGS

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of England and Wales. Severability In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

The design, supply and installation of the building is guaranteed under a number of different warranties from various suppliers.

 

As each warranty passes to the Client on signing over the building, it is the Client’s responsibility to contact the necessary organisation in respect of any warranty issues. This does not affect the rectification rights of the Client or rectification obligation of the Contractor as laid out in this Agreement.

 

Ensure your job number if available when you contact any of the organisations below. This can be found on your original quotation.

 

DESIGN

Guaranteed by Omega Steel Buildings:

 

Omega Steel Building Solutions Ltd

Bewdley Business Park

Long Bank (A456)

Bewdley, Worcestershire

DY12 2TZ

Telephone 01562 544210

Email help@omegasteelbuildingsolutions.co.uk

 

PHYSICAL MATERIALS

 

Various suppliers provide the materials for your building. Contact Omega Steel Buildings above for further information, quoting your Job Reference Number and/or Sales Contract Number (SCN).

 

INSTALLATION

Guaranteed by Castle Steel Buildings Limited. Contact:

 

Castle Steel Buildings Limited

Balby Court Business Campus

Carr Bank

Balby

Doncaster

DN4 8DE

Telephone 0800 612 5942

Email info@castlesteelbuildings.co.uk