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Terms and Conditions

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are unsure about any of terms and conditions please feel free to contact us at info@uniquemetalworx.co.uk.

Application

  1. These terms and conditions will apply to the purchase of the goods by you (the customer or you). We are Unique Metalworx whose trading name is AM fabrication services LTD. Unique MetalworX and AM Fabrication service limited are registered office is at 44 Westwood Park, Newhall, Swadlincote, Derbyshire, DE11 0RS.
  2. These are the terms on which we sell goods to. By ordering any goods, you agree to be bound by these terms and conditions. You can only purchase goods from Unique MetalworX if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

  1. Consumer means an individual acting for purpose which are wholly or mainly outside his or her trade, business, craft or profession.
  2. Contract means the legally-binding agreement between you and us for the supply of the goods.
  3. Delivery Location means the suppliers premises or other location where the goods are to be supplied, as set out in the order.
  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purpose of the information, and allows the unchanged reproduction of the information stored.
  5. Goods mean the goods we create for you as to your specific requirements.
  6. Order means the customer’s order for the goods from Unique MetalworX as submitted Via email after the quote has been accepted by you.
  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via any form of communication between you and Unique MetalworX.
  8. Website means our website http://www.uniquemetalworx.co.uk on which different types of our work is advertised.

 

Goods

  1. Any good made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  2. All goods that appear on this website are bespoke builds that have been made for others. We do not stock the goods on this site.
  3. We can make changes to any of the goods you see on this site.

 

Personal information

  1. We retain and use all information strictly under the privacy policy
  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

 

Basis of sale

  1. The description of the goods on our website does not constitute a contractual offer to sell the goods.
  2. The order process is set out on the website.
  3. A contract will be formed for the sale of goods ordered to your specification and will be sent to your by e-mail that you will check all specifications before the build will go ahead. If there is an error on this e-mail you need to let Unique matalworX know so we can send you an emended contract.
  4. If you fail to notice an error on the contract and you agree to it the fee is un-refundable.
  5. Any quotation is valid for a maximum of 14 days from its date, unless we expressively withdraw it at an earlier time.

 

 

 

Price and payments

  1. The price will be agreed between Unique MetalworX and you the customer the price for the build will be separate to delivery. Delivery depends on the size and weight on your build and will be an additional cost.
  2. Prices and charges include VAT at the rate applicable at the time of order.
  3. A full payment must be made before the build starts. There is a 3 working day order process and in these 3 working days your build can be cancelled and you will receive a full refund

Delivery

  1. We arrange delivery of the goods to the delivery location, within the agreed period. If a order is delayed you will be kept updated by Unique MetalworX.
  2. You will receive an email when your order leaves Unique MatalworX.
  3. We do not generally deliver to addressed outside England and wales, Scotland, northan irland, the isle of man and channel islands. If, however we accept an order for delivery outside the area, you may need to pay import duties or other taxes, as we will not pay them.
  4. If you or your nominee fail, through no fault of ours, to take the delivery of the goods at the delivery location, we charge the reasonable cost of storing and redelivering them.
  5. The goods will become your responsibility once delivered and signed for by you.

 

Risk and Title

  1. Risk of damage, or loss of any goods will pass to you when the goods are delivered to you.
  2. You do not own the goods until full payment has been received. If full payment is overdue or a step to your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.

 

Withdrawal and cancellation

 

  1. Goods made to your special requirements can be cancelled no later three working days from the day the contract was entered into.
  2. This is a distance contract (as defined below) which has the cancellation rights set out below these cancellation rights however do not apply to a contract of the following goods (with no others) in the following circumstances:
  3. Goods that are made to your specifications or are clearly personalised.

 

        Rights to cancel

 

  1. Subject as stated in these terms and conditions, you can cancel this contract within three working days.
  2. The cancellation period will expire after 3 working days on the day of which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be three working days.
  3. To exercise the right to cancel you must inform us of your decision to cancel the contract by a clear statement setting out your decision  (email)
  4. To meet the cancellation dead line, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

 

Effects of cancellation in the cancellation period

 

  1. Except as set out below, if you cancel this contract, we will reimburse to you your payment in full including the cost of delivery fees.

Timing of reimbursement

  1. Once we have received the right to cancel document from you we will aim to have reimbursed you within 14 days.
  2. We aim to make the reimbursement using the same means of payment as you use for thr initial transaction, unless you have expressly agreed otherwise. In any event you will not incur any fees as a result of the reimbursement.
  1. We have a legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the goods will:
  3. Be of satisfactory quality; It is not a failure to conform if the failure has its origin in your material.
  4. Be reasonably fit for any particular purpose for which you buy that goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely; on our skill and judgment) and be fit for any purpose held out by us or set out in the contract; and
  5. Conform to their description.

 

We will provide the following after-sales service : the supplier will support the customer with installation if required

 

Successors and our sub-contractors

  1. Either party can transfer the benefit of this contract to someone else and will remain liable to the other for its obligation under the contract. The supplier will be liable for the acts of any sub-contractor who is chosen by Unique MetalworX.
  2. If you have acquired your own sub-contractor for the installation Unique MetalworX will accept no reasonability for damages incurred on installation.

 

Circumstances beyond the control of either party

  1. In the event of any failure by a party because of something beyond its reasonable control:
  2. The party will advise the other party as soon as reasonably practicable: and
  3. The party obligation will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the customers above rights relation to delivery and any right to cancel, below.

 

Privacy 

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulations with regard to your personal information
  2. These Terms and Conditions should be read alongside, and are in addition to our privacy policy and cookie policy.
  3. For the purpose of these terms and conditions:
  4. Data protection law’s means any applicable law relating to the processing of personal Data, including but not limited to the direct 95/46 EC (Data protection Directive) or the GDPR
  5. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
  6. Data Controller, Personal Data and Processing shall have the same meaning as in the GDPR
  7. We are a data controller of the personal data we process in providing goods to you
  8. Where you supply personal data to us we can provide goods to you, and we process that personal data in the course of providing the goods to you, we will comply with our obligation imposed by the data protection laws:
  9. Before or at the time of collecting personal data, we will identify the purpose for which information is being collected;
  10. We will only process personal data for the purposes identified;
  11. We will respect your rights in relation to your personal data; and
  12. We will implement technical and organisational measures to ensure your personal data is secure.
  13. For any enquires or complaints regarding data privacy, or you can email.  info@uniquemetalworx.co.uk.

 

Excluding Liability

  1. The supply does not exclude for: (i) and fraudulent act or omission: or (ii) for death or personal injury caused by negligence or breach of the supplies other legal obligation. Subject to this, the supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg loss of profit) to the customers’ business, trade, craft or profession which would not be suffered by a consumer – because the supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

 

  1. The contract (including and non-contractual matters) is governed by the law of England and wales.
  2. Disputes can be settled to the jurisdiction of the courts of England and wales or where the customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
  3. We try avoid any disputes, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond within 3 working days.