Terms & Conditions

1. Definitions

• 1.1. In these conditions, unless the context requires otherwise:

• 1.2. ‘Buyer’ means the person who buys or agrees to buy the goods from the Seller;

• 1.3. ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

• 1.4. ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered and / or installed;

• 1.5. ‘Goods’ means the articles and / or services which the Buyer agrees to buy from the Seller;

• 1.6. ‘Price’ means the price for the Goods excluding carriage, packing, insurance and /or installation; and

• 1.7. ‘Seller’ means Gate City Limited, Unit 5I, Audley Hall Mill, Dickens Street, Blackburn, Lancashire, BB1 1RN.

2. Conditions applicable

• 2.1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

• 2.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

• 2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

• 2.4. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

• 2.5. The Buyer permits the use of testimonials, reviews, publishing of logo and customer comments on promotional materials and for general marketing purposes, such as the website.

• 2.6. Any advice, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, the Seller shall not be liable for any such advice, recommendation or representation which is not so confirmed.

3. Price and payment

• 3.1. The Price shall be the Seller’s quoted price. The Buyer understands that quotes and estimates can be approximations and are potentially subject to change. Installation dates may also be subject to change due to unforeseen internal circumstances and force majeure.

• 3.2. Payment of the Price shall be due immediately upon receipt of the invoice. An advance deposit may be required in order to process a sale.

• 3.3. The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have for any reason whatsoever. Gate City Ltd reserve the right to charge late payment interest and any other applicable fee as a result of third party debt recovery service.

• 3.4. If the Buyer fails to make payment for the Goods in accordance with the contract of sale or commits any other breach of this contract of sale or if any distress or execution shall be levied upon any of the Buyer’s property or the Goods or if the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy or if any petition in bankruptcy is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented of if a receiver, administrator administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law or if any such matter as provided for in this clause is reasonably apprehended by the Seller all sums outstanding in respect of the Goods shall become payable immediately.

4. The Goods

• 4.1. The quantity and description of the Goods shall be as set out in the Seller’s quotation / estimate. The images used on the site are used to illustrate how gates and metalcraft may look and could vary on finished product.

5. Warranties and liability

• 5.1. The Seller warrants that the Goods supplied will, at the time of delivery, correspond to the description given by the Seller. Where the Buyer is dealing with a consumer the standard conditions apply.

• 5.2. Where the Goods are found to be defective, the Seller shall replace defective Goods free of charge within the manufacturer’s warranty period if acceptable from the date of delivery, subject to the Buyer notifying the Seller in writing immediately upon the defect becoming apparent and the defect being due to faulty design, materials or workmanship. Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller. Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer and the Buyer shall have no other remedy against the Seller. The Seller shall be entitled in its absolute discretion to refund the Price of the defective Goods in the event that the Price has already been paid.

• 5.3. 11.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to the correspondence of the Goods with any description or sample, the quality of the Goods or the fitness of the Goods for any purpose whatsoever. No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to the correspondence of the Goods with any description, the quality of the Goods, the fitness of the Goods for any purpose whatsoever. For the avoidance of doubt the Seller will not accept any claim for consequential or financial loss of any kind however caused.

• 5.4. If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

6. Acceptance of the Goods

• 6.1. The Buyer shall be deemed to have accepted the Goods on delivery to the Buyer.

• 6.2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

7. Title and Liability

• 7.1. Title shall pass on full and complete payment of the Goods.

• 7.2. Liability shall pass on delivery of the Goods.

8. Remedies of Buyer

• 8.1. Where the Buyer rejects any Goods then the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

• 8.2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods.

• 8.3. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

• 8.4. This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the non-exclusive jurisdiction of the English courts.