Introduction

1. These terms form the basis of the contract for the sale of goods (the “sales contract”) between Metalform (the “seller”) and [buyer’s name] (the “buyer”). Both the sales contract and this document must be read in conjunction with each other and the agreement between both parties below.

Sale of goods

2. The seller’s offers are estimates and are subject to an on-site visit and final specification before ordering the goods.
3. The items may appear different in terms of color and texture from original samples due to the materials used.
4. Additions and/or variations to the goods will be agreed in writing by both parties.

Price, ownership and risk

5. The offer does not include the removal and disposal of existing inventory and inventory to be replaced by the ordered goods.
6. All offers are subject to VAT.
7. The offer will not include unforeseen cost increases from the manufacturer.
8. Additional products, services and inventory according to agreement between the parties on the offer will be invoiced accordingly.
9. Ownership shall not be transferred to the buyer until full payment has been made and the goods have been delivered by the seller through a suitable shipping company.
10. The buyer must obtain suitable insurance to cover any loss and/or damage during transport of the goods.

Payment

11. A deposit of 50% of the total value of the offer, including VAT, transport and assembly (if necessary) of the goods (the “deposit”) will be made at the time the sales contract is signed according to offer [number] attached to the sales contract.
12. Payment of the outstanding balance is in accordance with conditions given in the offer.
13. All goods remain in the seller’s property until full payment has been received, so-called sales deposit.

Delivery

14. Delivery costs are according to conditions in the offer.
15. Lead times for delivery are 8 – 20 weeks from the date the deposit has reached the seller and the offer has been agreed by both parties.
16. Bespoke products have their own specific time frame as to when delivery is expected and are subject to change.
17. Circumstances beyond the seller’s control may affect the delivery time frame originally stated. The Buyer is expected to acknowledge the Force Majeure terms in the Sales Contract, which outline the circumstances in which delivery may be delayed beyond the Seller’s control.
18. Delays in the delivery of the goods do not constitute a cancellation of the sales contract.

Assembly

19. The seller is able to arrange for the installation of the goods on the buyer’s property at an additional cost.
20. The seller is responsible for the quality of the assembly and for any damage to the goods during the assembly process.
21. The buyer is responsible for ensuring that on the installation date the relevant areas inside the property are ready and prepared as specified in the offer and agreed by both parties.
22. Any damage resulting from an unreasonable blocking by the buyer, or a representative of the buyer, which leads to the removal of the goods, is the responsibility of the buyer.
23. The seller is not responsible for any consequential damage that occurs when assembling the goods.
24. If the buyer does not adequately prepare the relevant areas inside the property, there will be an additional cost of [price + VAT] for reorganization and revisiting the buyer’s property at a later date.
25. Delays in assembling the goods do not constitute a cancellation of the sales contract.

Specification

26. Any change in the specification will result in additional costs being incurred by the buyer.
27. In relation to clause 4 of these terms, the seller undertakes to do his best to ensure that the goods are to the agreed specification.
28. When the offer is based on the buyer’s measurements, the seller is not responsible for any incorrect measurements given by the buyer.
29. Goods are ordered and manufactured only based on the measurements provided by the buyer, unless the seller is asked and instructed to complete such tasks.
30. The buyer has the right to 1 change in drawings carried out by the seller in relation to the offer. Further changes will incur a [price + VAT] cost for the buyer.

Return and cancellation

31. Bespoke products are non-refundable and non-cancellable.
32. Defective or incorrect products will be replaced by the seller at no additional cost to the buyer during the same production time as originally stated in the offer.
33. The buyer has the right to cancel this sales contract if the goods are standard products and no changes have been made in relation to the specification – within 30 days.
34. The buyer must confirm cancellation of the goods in writing.
35. The buyer’s right to cancel an order does not apply if the ordered goods are custom-made.

General

36. Reference must be made to each individual sales contract in relation to specific terms and conditions that apply to the buyer’s offer.
37. The terms and conditions set out in this document must be read in conjunction with the offer and sales contract before the buyer enters into a contract with the seller.