Terms and Conditions of Sale
Our Commitment a) At SteelSmith, we prioritize delivering a service that is both prompt and accurate. We aim to provide you with the best experience possible. b) Our skilled team, located in Finglas, North Dublin, is equipped with state-of-the-art machinery and equipment. We make significant investments in our operations to ensure efficiency and competitiveness. c) With in-house spray shop facilities and a dedicated transport fleet, including trucks with hiab cranes, we offer comprehensive services to meet your needs.
Order Process a) Our quotes are valid for the specified duration and subject to these Terms and Conditions. b) To establish a binding contract, full payment or the first instalment as indicated on the quote is required while the quote remains valid. Once payment is received, the contract cannot be canceled, and refunds cannot be claimed. c) We can provide fabrication drawings based on your information or drawings, or you can provide your own. Please review the drawings carefully, as you assume responsibility for their accuracy and suitability once confirmed.
Product Description a) Our products adhere to the specifications outlined in the quote and fabrication drawings. b) While samples, descriptive matter, and advertising materials give an approximate idea of our products, they do not form part of these Terms and Conditions.
Pricing a) Prices are exclusive of VAT. Payment is due according to the timetable specified on the quote. b) Delivery or unloading of products is subject to full and cleared payment, unless alternative credit arrangements have been agreed upon. c) We reserve the right to revise prices to account for any cost increases incurred before delivery, such as material, labour, or overhead expenses.
Delivery or Collection a) Delivery or collection dates provided by us are given in good faith. b) Delivery will be made to the specified address, while collection must occur at our venue during normal business hours. c) We may deliver or make products available in instalments, with separate invoices for each instalment. d) It is your responsibility to ensure suitable conditions for unloading at the delivery address, and any costs incurred due to failure to accept delivery will be your responsibility. e) For collection, please ensure adequate resources for safe loading. f) Failure to collect products within 7 days may result in additional costs, and we may dispose of the products without prior notice or refund. g) Please note that the nature of our products carries risks, and any requested assistance or unloading is subject to specific instructions and limitations.
Defective Products a) Please inspect products upon receipt. Non-conformity must be reported within 2 days, or the products will be deemed accepted. b) If products materially fail to comply with the contract, we may choose to refabricate, refund (excluding steel costs), or replace the products at our discretion. c) Our liability is limited to the options mentioned above, and any claims must be made within two years.
Force Majeure a) SteelSmith shall not be liable for any failure to comply with the Contract due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, governmental actions, labour disputes, or equipment failure. b) In the event of a force majeure event, SteelSmith may, without liability, suspend or terminate (in whole or in part) our obligations under the Contract.
Limitation of Liability a) WITHOUT PREJUDICE TO ANY OTHER LIMITATION OF SELLER'S LIABILITY (WHETHER EFFECTIVE OR NOT): (i) IN NO CIRCUMSTANCES SHALL STEELSMITH BE LIABLE (IN CONTRACT, TORT, OR OTHERWISE, AND IRRESPECTIVE OF ANY NEGLIGENCE OR OTHER ACT, DEFAULT, OR OMISSION OF STEELSMITH OR ITS EMPLOYEES OR AGENTS) FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES TO PROPERTY OR PERSONAL INJURY. (ii) STEELSMITH'S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THE PRODUCTS OR THE CONTRACT (IN CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT RELATED TO ANY NEGLIGENCE OR OTHER ACT, DEFAULT, OR OMISSION OF STEELSMITH OR ITS EMPLOYEES OR AGENTS) IS LIMITED TO THE INVOICE PRICE FOR THE PRODUCTS CONCERNED, EXCLUDING VAT. b) ALL WARRANTIES, CONDITIONS, OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW, SAVE FOR THE CONDITIONS IMPLIED BY Sale of Goods and Supply of Services Act 1980, ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT. c) NO ACTION MAY BE BROUGHT AGAINST STEELSMITH IN CONNECTION WITH THE PRODUCTS OR THE CONTRACT UNLESS PROCEEDINGS ARE ISSUED AGAINST STEELSMITH WITHIN TWO YEARS AFTER THE BUYER BECAME OR OUGHT TO HAVE BECOME AWARE OF THE CIRCUMSTANCES GIVING RISE TO SUCH CLAIM. d) THIS CONDITION 8 APPLIES NOTWITHSTANDING ANY FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM OF THE CONTRACT BY STEELSMITH. e) NOTHING IN THESE CONDITIONS EXCLUDES OR LIMITS THE LIABILITY OF STEELSMITH FOR DEATH OR PERSONAL INJURY CAUSED BY STEELSMITH'S NEGLIGENCE OR FRAUDULENT MISREPRESENTATION.
Intellectual Property a) SteelSmith retains all copyright, design rights, trademarks, trade names, and any other intellectual property rights (registered or unregistered) in the Fabrication Drawings prepared by SteelSmith and the Products. b) The Buyer shall not copy or use the designs or remove any copyright notices from the Quote or the Fabrication Drawings without prior written consent from SteelSmith.
Governing Law and Jurisdiction a) The Contract shall be governed by and construed in accordance with the laws of Ireland, and the Irish courts shall have exclusive jurisdiction in relation to the Contract.
Data Protection a) SteelSmith will process personal data provided by the Buyer in accordance with applicable data protection laws. The personal data may be shared with credit reference agencies, banks, and other responsible organizations as necessary to fulfill the Contract.