Terms and Conditions

These terms and conditions apply between you and Advanced Metal Treatments Ltd. Please read these terms and conditions carefully, as they affect your legal rights. If you do not agree to be bound by these terms and conditions, you should stop using Advanced metal treatments Ltd, services.

In these terms and conditions, User or Users means any third party and is not either (i) employed by Advanced Metal Treatments Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Advanced Metal Treatments Ltd and in connection with the provision of such services.

Advanced Metal Treatments Ltd shall not be bound by any terms or conditions set out in the Customer’s order and these Conditions of Sale shall supersede and prevail over any other terms and conditions stipulated or referred to by the Customer. No previous correspondence, writings, telexes, faxes, telegrams or verbal communication between the Customer and Advanced Metal Treatments Ltd regarding the Goods shall form any part of it or be incorporated into the Contract. 

1. Quotations 

1.1. No quotation by Advanced Metal Treatments Ltd shall constitute an offer. No order placed with Advanced Metal Treatments Ltd shall be binding on Advanced Metal Treatments Ltd or deemed to be accepted by Advanced Metal Treatments Ltd unless and until the Customers’ items have been delivered to Advanced Metal Treatments Ltd. 

1.2. The prices set out in the specification issued by Advanced Metal Treatments Ltd are based upon the prices and costs of raw materials, labour, overhead expenses etc., current at the date of quotation but may be varied by Advanced Metal Treatments Ltd to take account of any increase in any of such prices or costs which may occur at any time before work is completed. Any alteration by the Customer in design, quantities, specification or other instructions and any suspension of work following on the Customer’s instructions or any failure by the Customer to give timeous instructions will give rise to adjustment of the price of Advanced Metal Treatments Ltd costs are thereby increased: in any such case the price(s) to be paid by the Customer shall instead of the price(s) stated in the specification issued by Advanced Metal Treatments Ltd be the price(s) ruling at the date of delivery of the Goods.  

1.3. Quotations are based on the Customer’s specifications as given to Advanced Metal Treatments Ltd and the Customer shall be liable to pay for all the Goods manufactured by Advanced Metal Treatments Ltd in accordance with such specifications notwithstanding that the Customer has provided erroneous information within its specifications.  

1.4. All information, details, measurements, descriptions and illustrations contained in Advanced Metal Treatments Ltd catalogues and sales manual, and all drawings, descriptive statements, weights, dimensions, power consumptions, price lists, advertisements and any other information and/or literature whether written or provided orally are intended to be and may be construed only as of a generally informative nature and the same shall not form any part of or be incorporated in any way into the contract.  

2. Deliveries and collections 

2.1. All items which Advanced Metal Treatments Ltd is to deliver will be delivered to the Customer’s address if known. In the absence of such address delivery is deemed to take place at Advanced Metal Treatments Ltd premises.   

2.2. Where the Goods leave the premises of Advanced Metal Treatments Ltd, Delivery is on that date. 

2.3. Advanced Metal Treatments Ltd reserves the right to make delivery by instalments. 

2.4. The Customer is under a duty to inspect the Goods on delivery (or on collection by the Customer if appropriate) wherever it is possible to do so. 

2.5. If inspection is impossible, the Customer must write on the delivery (or collection) note “Goods not examined”. 

2.6. Where Goods are carried and delivered by Advanced Metal Treatments Ltd or carrier and the care carriage and unloading thereof whether by Advanced Metal Treatments Ltd employees or otherwise shall in all respects be at the Customer’s cost risk until special arrangements have been made to the contrary in writing and no compensation or damages will be paid by Advanced Metal Treatments Ltd for loss, damage, delay, detention or mis delivery whether caused by the act or default of Advanced Metal Treatments Ltd or its employees or by accident or otherwise.  

2.7. The Customer must notify the carrier, Advanced Metal Treatments Ltd in writing within 3 days of any damage to Goods caused in transit or any irregularity (including quantity) in the carriage or delivery of the Goods and time is of the essence for the purpose of this sub-clause.  

2.8. Advanced Metal Treatments Ltd accepts no liability for any failure to deliver the Goods arising from circumstances outside Advanced Metal Treatments Ltd control.

3. Payment of Goods/Services 

3.1. Payment without any disputes is due within 30 days of the Invoice date. 

3.2. In the event of the Customer failing to make payment to Advanced Metal Treatments Ltd, the Customer may incur late payment fees.  

3.3. Advanced Metal Treatments Ltd reserves the right to demand security for payment at any time before continuing with or delivering any order.  

3.4. Advanced Metal Treatments Ltd is to be entitled to a lien (right to retain) on any Goods or chattels which Advanced Metal Treatments Ltd has belonging to the Customer until the Customer discharges all its liability to Advanced Metal Treatments Ltd. 

3.5. Advanced Metal Treatments Ltd are VAT registered and will not accept payment without VAT being charged. All work will be issued with a VAT invoice. VAT will be charged at the set rate.

3.6. In the event, that the Customer does not pay any Fees or charges, The Goods are left in the Unit are at the Customer’s sole risk. Advanced Metal Treatments Ltd exclude any liability in respect of The Goods when payment of Our Fees or charges is overdue and exclude any duty of care howsoever arising.

3.7. In the event, that the Customer’s Debt is not paid promptly, and the Customer fails to collect the goods 1 Year after Advanced Metal Treatments Ltd have required the Customer to collect or upon expiry or termination of this Agreement, Advanced Metal Treatments Ltd may sell or discard the goods and pass over all ownership to them. The proceeds of the sale will pay, firstly the costs incurred by Advanced Metal Treatments Ltd, and secondly in paying the Customer’s debt. Advanced Metal Treatments Ltd will not give notice of the sale of the goods.

4. Premises

4.1. Advanced Metal Treatments Ltd reserve the right to refuse to permit the Customer to store any Goods or require the Customer to collect any Goods from The Premises, if in our opinion the safety of any person on the Premises, or the security of the Premises or its contents, would be put at risk by the storage or continued storage of any such Goods.

4.2. The Customer must use reasonable care when on the Premises and take all reasonable care in respect of the Premises and the Property of Advanced Metal Treatments Ltd and the Property of other customers. Inform a member of staff immediately of any damage or defect to the Premises or the Property or any other emergency situation that presents a problem to the Customer, the Customers agents or other customers on the Premises; and comply with the reasonable directions of any of our employees, agents and contractors at the Premises and any further regulations for the use safety and security of the Premises, which we may issue from time to time.

4.3. The storage of the Goods on the Premises is and remains always at the sole risk of the Customer. Advanced Metal Treatments Ltd shall not be liable for any damage to the Goods whatsoever, nor shall Advanced Metal Treatments Ltd be liable for any property damage or for any economic loss of the Customer.

4.4. Each Customer is responsible for familiarising themselves with the Emergency, Safety and Fire and Escape routes and procedures. Emergency exits are situated throughout the building and are clearly marked. A Customer may never block these emergency exits with Goods and must leave them clear at all times. In the event of abuse, Advanced Metal Treatments Ltd will recover from the abusing Customer all costs involved.

5.Insurance 

5.1. Advanced Metal Treatments Ltd do not insure the Goods whilst they are on Site. It is under the Customer discretion on whether the Customer would like to insure any Goods they bring onto the Premises.

5.2. Prior to bringing the Goods onto the Site the Customer has insured the Goods against all normal Perils (as set out below) under a valid contract of a reputable insurance company for their full replacement value and will not cause or allow that insurance cover to lapse whilst the Goods remain on the Premises. The Customer acknowledge that the Customer shall be responsible for all uninsured risks; and that Normal Perils in this condition mean loss of or damage to Goods caused by fire, lightning, explosion, earthquake, aircraft, storm, flood, bursting &/or leaking pipes, ingress of water or other liquid substance, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, and impact by vehicles or rolling railway stock. The Customer also warrant that the insurance cover will not be for a sum which is lower than the replacement value of the Goods stored on the Premises.

5.3. The Buyer agrees to obtain insurance through a reputable insurance company. Such insurance must include a clause for the benefit of Advanced Metal Treatments Ltd under which all rights of recourse towards Advanced Metal Treatments Ltd, Advanced Metal Treatments Ltd insurers and co-contractors are waived by Your insurer.

5.4. The Customer will always hold Advanced Metal Treatments Ltd, Advanced Metal Treatments Ltd insurers and co-contractors harmless and indemnified from any claims by the Customer’s insurers for recourse against Advanced Metal Treatments Ltd.

5.5. Advanced Metal Treatments Ltd do not give any advice concerning such insurance, and it is for the Customer to make their own judgement whether such insurance is appropriate to cover the Goods and risks to them.

5.6. Advanced Metal Treatments Ltd exclude all liability in respect of loss or damage relating to the Customers business, if any, including consequential loss, lost profits or business interruption, and all liability in respect of loss or damage to The Goods caused by Normal Perils, including as a result of negligence by Advanced Metal Treatments Ltd, Advanced Metal Treatments Ltd agents and/or employees above the sum of £50 which Advanced Metal Treatments Ltd consider to be the normal excess on a standard household insurance policy whether or not that policy would cover the Goods.

5.7. Advanced Metal Treatments Ltd do not exclude liability for physical injury to or the death of any person and which is a direct result of Advanced Metal Treatments Ltd negligence of wilful default or that of Advanced Metal Treatments Ltd agents and/or employees.

5.8. In the event of circumstances which are outside Advanced Metal Treatments Ltd reasonable control and their consequences, Advanced Metal Treatments Ltd do not agree and are not obliged by this Agreement to maintain the safety or security of the Goods and the Premises, in order to keep the Goods free from damage or loss. Neither the Customer nor Advanced Metal Treatments Ltd shall have any liability under or be deemed to be in breach of this Agreement for any delay or failure in performance of this Agreement that results from circumstances beyond the reasonable control of that party. Such circumstances include any Act of God, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, shortage of labour, materials or transport, electrical power failures, threat of or actual terrorism or environmental or health emergency or hazard, or entry into the Premises by, or arrest or seizure or confiscation of Goods by competent authorities.

6. General Terms and Conditions

6.1. Any delay by Advanced Metal Treatments Ltd in exercising any of our rights under this Agreement will not affect Advanced Metal Treatments Ltd rights or be a waiver of those rights, nor will any partial exercise of any right exclude a further exercise of that right. 

6.2. Every provision in this Agreement is severable and distinct from every other provision and if at any time one or more of such provisions is or becomes invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way.

6.3. Any of the terms and conditions of this Agreement can be varied at any time, provided that such variation is in writing and signed by one of our directors. None of Advanced Metal Treatments Ltd other employees or agents has any authority to vary this Agreement on our behalf whether orally or in writing or to make any representation of fact that is or may be inconsistent with the terms of this Agreement. 

6.4. The customer agrees that it is not the intent of this Agreement to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. 

6.5. This Agreement shall be governed by English law and the Customer and Advanced Metal Treatments Ltd submit to the exclusive jurisdiction of the English courts. 

6.6. Where the Customer are two or more persons, your obligations under this Agreement shall be obligations of each of You separately.

7. Privacy

7.1. The Customers personal data are processed by Advanced Metal Treatments Ltd under the applicable data protection laws, and in accordance with the General Data Protection Regulation, 2018. 

7.2. The Customer’s data is used for the purposes of this Agreement, processing payments, communicating with the customer, and maintaining customer accounts, as required by Advanced Metal Treatments Ltd agreement terms. 

7.3. Advanced Metal Treatments Ltd does not share the Customer’s data with any third parties that are not essential to fulfilling Advanced Metal Treatments Ltd obligation to the Customer. However, certain circumstances may dictate that we do so, If required or permitted by law (including Police, Customs and Excise or Counter Terrorism); If the customer makes an insurance claim, Advanced Metal Treatments Ltd will pass details on to the insurer. The information may be put onto a register of claims and shared with other insurers to prevent fraudulent claims.

8. Legal Constructions 

8.1. The construction and operation of this contract and of any Contract between Advanced Metal Treatments Ltd and the Customer is to be construed and governed in all respects and in accordance with English law, and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts as regards any claim or matter arising under this contract.