Warranty E Smith Metal Limited
All goods are supplied with a standard 12 months workmanship warranty from the date of purchase, with the exception of our powder coated, galvanized or wrought iron products which have a 10 years workmanship guarantee. This covers the structural integrity of the welding on all our metal works. The workmanship warranty covers all weld joints, frames, hinges etc., but does not cover rust.
With respect to galvanized products, the warranty is increased to 25 years and includes warranty against corrosion. Please note that warranties are only valid if the products have the correct maintenance and have not been modified. All painting of metal products and treatment carried out by E Smith Metal Limited is not covered by our guarantee as it is the client that must regularly check for rust and re-treat the product accordingly. Rust is thus not covered in any way under any of the guarantees. When purchasing goods and services from E Smith Metal Limited, you automatically agree to our terms and conditions unless there is a prior agreement in writing.
Terms & Conditions
Below are the terms and conditions between E Smith Metal LIMITED and the customer for the sale of goods. These terms and conditions relate to all purchases from us. Please read them carefully as they contain important information.
1. These Terms and Conditions set out your rights and obligations in relation to the use of our website and any goods purchased through our site. By accessing our website, you agree to be legally bound by these Terms and Conditions. If you do not wish to be bound by these terms and conditions then you may not use or access our site or make a purchase.
2. All rights, including copyright, in this website are owned by E Smith Metal Limited. We reserve the right to suspend, restrict or terminate your use of our site at any time.
3. We seek to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. Any dimensions or other measurements quoted are approximate only.
4. We seek to ensure that our website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
5. We cannot ship to locations outside of the UK mainland except through special order, and where delivery charges and availability will be provided on request.
6. 50% Payment will be taken to commence all works and 50% upon completion of the order.
7. Through making your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying, installing and or delivering the goods.
8. The contract shall not have been concluded until we have received your deposit, we have received your written confirmation confirming size and style required, and we have fabricated, installed or dispatched the goods and have collected the remaining 50% payment from you.
9. If it is not possible to obtain the 50% deposit for the goods from you, then we cannot process your order
10. Should you discover an error after you have submitted the order, before we have commenced fabrication, we may still be able to rectify the error providing you contact us immediately.
11. To help us to process your order, you will need to provide us with your e-mail address, and telephone number. We will notify you by e-mail as soon as possible to confirm receipt of your order and the details. We will require your confirmation response in order to commence fabrication of your order. Once you have confirmed your order by email if your measurements are found to be incorrect after manufacture or delivery, we cannot accept liability.
12. An invoice will be forward to your email address, and it is your responsibility to check the invoice and report any discrepancies as soon as possible.
13. All prices quoted are inclusive of VAT at the current rates and are correct at the time of publication may be subject to change without notice
15. Where it is not possible to accept your order to buy goods of a requested specification at the price quoted, we will advise you by email, and offer you the goods of the specification required at the standard price for size.
16. We will not be bound to honour any prices where we have indicated to you that the prices were stated in error, however you will be entitled to repudiate the agreement.
17. Our products are bespoke and fabricated by us upon your request.
18. Metal gates that have had powder coat finish applied will need additional paint added as soon as they are fitted to protect against rust. Rust will appear if scratched or where paint chipping occurs especially around the welds, and on the top of gates where water may lay. This can be self-treated through rubbing down and applying new paint.
19. We do not accept any responsibility for any consequential losses incurred including replacing the goods, together with fitting or finishing costs where the goods have not been affected by a manufacturing fault.
20. There will be an additional charge for delivery unless free delivery is offered, and we reserve the right to refuse to deliver to some locations in exceptional circumstances.
21. We are normally only able to deliver to addresses within the United Kingdom, but excluding the Channel Islands, the Isle of Wight, the Isle of Man, the Scottish Isles, and the remoter parts of Scotland, together with Northern Ireland. Delivery to these excluded areas can be arranged subject to availability and we can obtain a cost quotation for this service on request.
22. Time of delivery is not guaranteed, and any delivery estimate is for indication purposes only and is not contractual.
23. We are not liable for any loss or damage suffered as a result of any reasonable delay arising due to unforeseen circumstances outside the control of E Smith Metal Limited or any courier company.
24. We will deliver the goods to the address you specify for delivery in your order and it is your responsibility to ensure that this address is fully complete and entirely accurate.
25. Should you instruct that the goods be left in a specific location where you are unavailable when we deliver, we do not accept any liability for any loss or damage to the goods once they have been delivered or left at that place in accordance with your delivery instructions, unless caused by our negligence.
26. We do not accept liability for damage caused to the goods during transit or upon delivery if you choose your own courier for delivery.
27. On delivery of the goods, it is essential that they are checked for damage and that they are as ordered. If this does not take place at the point of delivery then they should be signed for as 'unchecked', and you must thereafter notify us within two working days of the delivery of any damage. We do not accept responsibility for replacement or refund where goods have not been signed for in the correct manner.
28. Ownership of the goods passes to the customer immediately upon delivery to you, and once delivered to you they will be held at your own risk and we will no longer be liable for their loss, damage or destruction. Accordingly any risk of damage to or loss of the goods passes to you immediately at the point of delivery, and which time you will thereafter own the goods.
29. It is important that delivery of the full order has taken place before arranging installation, and we do not accept any liability for any consequential losses you may incur through late delivery or damage during transit.
30. In the unlikely event that there is any complaint with your goods upon delivery, please contact us immediately so your complaint can be investigated in a timely manner.
31. We reserve our right to refuse to make any refund, repair or replacement relating to reported damage to your goods, if this is reported after installation.
32. You cannot cancel your contract if the goods you have ordered are bespoke, (ie. made to your own specifications and measurements). In such case the provisions of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are excluded.
33. Orders for any bespoke or any specially order goods, after the order has entered the manufacturing cannot be cancelled, and in such case unless the goods are faulty, all sums due in relation to the order, must be paid for by the customer.
34. If you do not receive goods ordered by you within 30 days of the date on which you ordered them in accordance with these Terms and Conditions and decide to cancel the order rather than re-arrange delivery, we will provide you with a full refund.
35. We are only able to accept losses arising as a foreseeable consequence of our antecedent breach of these Terms and Conditions due to our negligence.
36. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these Terms and Conditions by anything you, or anyone acting with your express or implied authority, does or fails to do, or is due to events which are beyond our control nor for any cost relating to the installation of the goods.
37. We expressly do not accept liability for any losses related to any business of the customer including but not limited to loss of profits, business interruption, or resultant the third-party contractual breaches.
38. You must observe and comply with all applicable regulations and legislation, in purchasing goods from us.
39. All images displayed on this website are that of our own fabrication works as we do not use images from collectives. If our images are been used by any other company this is deemed unlawful and should be reported as fraudulent.
40. Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
41. You hold certain rights as a consumer including legal rights such as under the Sale of Goods Act 1979 (as amended)), relating to faulty or misdescribed goods.
42. All notices from you to us must be in writing and sent to our contact address at E Smith Metal Limited. Railway Arches, 123 Station Passage, unit 27 Astbury Business Park, London, SE15 2JR.
43. We reserve the right to vary these Terms and Conditions and such variations will become effective immediately after they are displayed on our website.
44. Our website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. Parties to any such resulting contract agree to submit to the exclusive jurisdiction of the courts of England and Wales.
45. If any part of these terms and conditions is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of these conditions will not be affected.
47. Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.