Terms & Conditions Of Sale

(The Customer)
The person, company or organisation purchasing goods or services from 'The Company', as shall be entered within the 'customer' section of all Company sales order/invoice documentation.
(The company).
CSW FABRICATIONS (NW)
Unit 24, New Hall Hey Business Park, 
New Hall Hey Road, Rawtenstall,
Lancashire, BB4 6HL.
(Current T&C's as of Wednesday 19th September 2018).
By placing an order with CSW FABRICATIONS (NW) you are agreeing to our Terms & Conditions below.

Ordering

  • An order is not formally accepted until the latest date that both our signed, written order document has been received together with the corresponding order payment detailed upon it.

  • It is the customers responsibility to ensure that they have obtained any necessary Planning Permission and/or Building Contol consent which may effect 'the customers' ability to install or use the product as intended.

Order Payments:

  • Order Payment must be made in full in cleared funds before an order will be deemed as accepted.

  • Product Balance Payment must be made in full in cleared funds at least 1 working day before our agreed date of delivery/installation.

  • Cheques, Bankers Draft or Printed Building Society Cheques are not accepted as cleared funds and must be received by us a minimum of 10 working days before our agreed date of delivery.

  • Installation Costs become immediately due on completion of Installation services and must be paid in full via Bank Transfer or Cash within 24 hours of completion.

  • A charge of 7% will be added to the 'Balance Due' for every day the balance remains outstanding.

  • Order payments are accepted via Bank Transfer, Cheque & Bankers Draft.

  • Balance payments must be made via cleared funds only: Cash or Bankers Draft.

  • WE DO NO ACCEPT PAYMENTS BY DEBIT OR CREDIT CARDS.

Site Surveys

In most circumstances it will be necessary to attend the proposed installation site to take firm measurements before we can commence manufacture.

  • Site Surveys are provided free of charge at a reasonable distance from our premises following all confirmed, written & paid orders.

  • We will attend proposed installation sites before a firm order is placed, however, this service is chargeable from £180.00 inc vat and refundable against the order when it is placed. The calculated/quoted fee must be paid by cleared funds a minimum of 24 hours prior to our attendance.

  • If we attend a site to carry out a survey to find that upon arrival we are unable to perform the survey for reasons such as: unfinished 3rd party work, access problems, poor condition or unsuitable fixing material and/or installation area, false or misleading information previously provided to us leading up to our visit, the Survey will be deemed a 'Failed Survey' and the fees paid will immediately become non refundable. We will discuss the possibility of a re-visit at a later date if applicable for which a further survey cost to the same amount will be payable before our return.

Specification Drawings

  • Each firm order will be provided with 1 x Manufacture/confirmation CAD Drawing free of charge as necessary for confirmation of bespoke designs, sizes, shapes and finishes. Any further CAD Drawings produced in regard to any additions and/or changes including customer errors will be chargeable per document at the rates advertised on our CAD Design page.

Manufacture & Materials

We strive to use the best quality products available to produce your Balcony & Balustrade products. All of our Balcony & Balustrade products, supplied either in part or complete are manufactured by hand and the customer will therefor accept that:

  • We reserve the right to replace without prior notice any material/s as advertised on our website, quotations, order documention or any CSW Fabrications literature due to reasons such as: low stock, visual improvement, structural performance or any other reason that we deam acceptable during the manufacture process without causing any loss of quality or value of the initial contract.

  • Welded metal products may from time to time show very minor signs of distortion due to the extreme heat applied to execute the process correctly and in which case we will be under no obligation to repair or replace any products or offer any refunds if this occurs.

  • Galvanised metal products may from time to time show very minor signs of distortion due to the extreme heat applied to execute the process correctly and in which case we will be under no obligation to repair or replace any products or offer any refunds if this occurs.

  • Galvanised metal products require venting holes to be drilled into the hollow section prior to the Galvanising process to allow any trapped air to escape and therefor such holes may be visible when the finish products arrive at your property. We try to ensure that these necessary holes are drilled in the most inconspicuous areas and we are under no obligation to repair or replace any products or offer any refunds if holes are visible.

  • Balustrade Glass is supplied to us by a 3rd party Glass supplier whom work to tolerances of +/- 5mm in respect of the squareness of edges.

  • Flooring Glass is supplied to us by a 3rd party Glass supplier and due to the laminating process there are tolerances of +/- 5mm in respect of the overlapping/squareness of edges.

  • Timber Flooring is a natural product and should be treated with an appropriate timber preservative finish immediately after installation. This is not part of our installation service. You may also seal the timber with a suitable high grade external timber sealer to reduce the amount of warping, twisting, splitting etc. that can occur over time. Although we use the best grades of Hardwood Flooring planks, there is always a possibility that there are very small knotts or other marks which are expected in a natural Timber product. We examine each Flooring Plank for defects before we apply them to the finished product and, as a result, it is unlikely (but not impossible) that the flooring will be supplied with visible marks. Splits, cracks and movement of timbers could occur after installation, and adjustments may become necessary.

  • Composite Decking is provided via a 3rd party specialist supplier and although we aim to use the most suitable products for the intended application we cannot guarantee that the products will not scratch, fade in colour or be slippery when wet.

  • Raised Mesh Flooring may from time to time show very minor signs of distortion due to the extreme heat applied in both the welding and Galvanising procedures in order to execute the processes correctly and in which case we will be under no obligation to repair or replace any products or offer any refunds if this occurs.

  • Stainless Steel Components MUST be maintained by basic routine cleaning to prevent a tarneshing effect over time. We will demonstrate and provide advice on this process during your installation/delivery.

 

Delivery

Time shall not be of the essence in this contract. We always use our best endeavours to deliver/install, within the ‘during the week commencing’ timeframe shown on your order documentation and/or order confirmation email. We will contact you to agree a delivery/install date with you prior to us actually delivering/installing. In the unlikely event that something delays your delivery/install, we will reorganise your delivery/install date within a reasonable period of time.

  • As we operate Nationwide over large areas, we cannot give exact timed deliveries. Deliveries can occur between 8:00am and 7:00pm on the day of delivery, although typically they will be between 8:00am - 9:00am in the morning if we have arranged for the installation to start on the same day as delivery. You can Telephone your delivery vehicle on the day of delivery so that you know how far away from you it is at any particular time on that day, we also typically send you a text when the vehicle is within 5 miles of the delivery address.

  • Please ensure that someone with the authority to accept 'Supply Only' goods is available all day on the day of delivery. Should we arrive and no-one is present to accept the goods we will wait for 15 minutes and attempt to contact you twice by phone but after this time will leave site and an attempted delivery fee will be charged, see Additional Costs.

  • You must advise us if there are going to be any expected access difficulties on the delivery date and/or Installation dates. We generally deliver with a 7m Commercial Vehicle. If we try to deliver, using this vehicle, and cannot do so due to foreseeable problems such as access restrictions, width of road etc. then we will charge you an attempted delivery/installation fee, see Additional Costs, unless you have given us prior written notice that this type of vehicle will not be capable of delivering to your site.

  • We require that you provide legal parking facilities for our vehicle for the duration of the work carried out. If roadside parking is chargeable it is the responsibility of the Customer to provide parking permits or pay for parking as necessary.

  • Depending upon the product, the weight of any particular item of Steelwork/Glass can be in excess of 150kg. We will carry the goods up to 50m from the delivery vehicle (safely parked at kerbside) onto your property providing that access allows this, as set out below:

  • A clear route must be available for our delivery team to carry the goods from the kerbside to where you wish them to be placed. The route must be at least 800mm wide, free from obstructions (e.g. sharp corners, walls/fences, trees, overhanging obstacles) and allow good footing by the delivery team (e.g. not have slip or trip hazards, steep inclines or declines). Damage to lawns, flower beds etc. on or adjacent to a narrow or difficult access route will be the responsibility of the Customer.

  • We do not carry items through a customer’s decorated building, e.g. a house. We will carry items through an outbuilding such as a garage where possible. It is up to the customer to remove anything from the outbuilding that could be damaged e.g. whilst large Steelwork/Glass are carried through. In the event that the only route available is to carry the items through a customer’s decorated building you must make us aware of this so that we can arrange to deliver the goods before the date of installation (at no extra cost) for you to carry from kerbside through the building prior to our installation team arriving on a later day (typically the following day).

Installation & Safety

(Space required in & around the Installation area)

We place great emphasis on Health and Safety and will carry out a Generic Risk Assessment upon arrival on the day of installation.

To ensure that your site is suitable please check the following statements are true for your site in relation to where the Installation will take place:

  • There is a minimum of 1.5m of space to at least 2 x sides where the Balcony/Balustrade products will be assembled.

  • There are no dangerous obstructions such as Greenhouses or other glass structures, impaling hazards such as upstanding rods or individual posts within 2m of any side of where the Balcony/Balustrade products will be assembled.

  • There are no unreasonable obstructions, slip or trip hazards between the area of unloading and the area of installation.

  • There are no obstructions within the footprint of the proposed Balcony/Balustrade; examples of obstructions can include hot tubs, planters, garden furniture, swimming pools or anything else which may pose a risk to the health and safety of our installers. The site must be unobstructed and level across its entirety.

  • In relation to Balcony Platform installations: There are no Drain-Pipes, Burglar Alarms, Sky TV Dishes & Cables, TV Aerials, Hanging Basket Brackets, Wall Lights, Wall Trellis, House Signs and any other items in place of the installation area that may prevent or hinder the installation process. Any such item must be removed before our arrival.

  • There are no overhanging trees or other obstructions (except live cables) within 2m vertically or horizontally of any part of the Balcony/Balustrade to be assembled.

  • There is reasonable access to, and use of; water, electricity and toilet facilities for installers whilst on site.

  • The customer or their agent will NOT carry out any additional work during the installation of their purchase.

  • The customer or their agent/s will not prevent or obstruct the installers or delivery personnel from carrying out their jobs.

  • The customer or their agent will keep all other people, children and/or domestic animals or livestock away from the work site from the start of the installation until completion including overnight/s. If the customer needs to cordon off the area in order to do this then this is the customer’s responsibility. We will not be held responsible for any damage or injury to persons who are in and around the immediate area during the installation process.

  • Should our installers be unable to continue working due to a breach of these terms they may be removed from site to return at a later date. If this occurs then, additional costs will be due as per our Additional Costs.

  • The customer as the site owner/occupier may be liable should anything occur upon the site which is outside of our control and results in injury. Please check your household insurance to ensure that you are covered for such eventualities.

 

Concrete Pad Preparation - (Balcony Platforms)

  • Your pads need to be level (+/-1cm across its length and/or width) and of the size specified by us prior to installation.

  • Your pads need to be sufficiently hard for our installers to work upon safely; When you are laying concrete pads we suggest that you give them at least 3 days to harden prior to installation commencing.

  • When our installers arrive on site we will check the level and size of the pads and whether or not they are sufficiently hard for our installers to be able to safely work on. If we find the pads are not correct in any of these ways we will discuss this with you and either ask you to sign a disclaimer to allow us to continue work, if possible, or charge you for the delay caused, see Additional Costs below, and return on another date once the problems have been rectified.

  • We do not inspect the suitability of your ground base to support the Balcony without ground movement. We do not check the integrity of the base. Our Installers are not engineers. Any problems with the products that arise from inadequate support from the base are the responsibility of the customer.

Additional Costs:

  • We assess the weather conditions during the installation process.  If, in our reasonable view, conditions do not allow installation to continue, we may leave site and return at a later date to complete the work. In these circumstances any additional time taken will be at our cost.

  • If we are delayed or have to leave site for any reason through a breach of terms by the customer (such as inadequate access, insufficient/restricted storage or working space, health and safety concerns, Concrete Pad problems, customer and/or 3rd party obstructions etc., as outlined in the terms of this agreement) all reasonable applicable costs incurred by us will be charged to the customer (such as attempted delivery costs and/or installation costs), and payment will be required before we re-commence work. Any further installation days added by the breach in terms by the customer will be charged accordingly and paid in advance of re-commencement of installation services.

  • A typical charge for 1 lost installation day for a two person installation team is £650 plus travel & Accommodations costs. A typical attempted delivery cost can be between £120 and £240. These charges will vary and reflect our true costs in each case.

  • Should delivery be possible, and carried out, but installation is not possible (due to a breach of terms by the customer) then only the installation charge will apply.

  • In cases where delivery is not possible (due to a breach of terms by the customer) then by default installation will also not be possible and both charges will apply.

Completion of Installation

  • All bolts and fixings will be checked for tightness and all Balustrades/guarding will be checked for adequate fixing strength. The Glass panels (if applicable) will be cleaned to an acceptable standard, powder-coated steelwork will be checked for scratches, scuffs & chips and made good where required, Stainless Steel parts & components will be de-greased, de-scratched & buffed to a clean finish, excess materials and rubbish such as: timbers, rubble, screws etc, will be removed from site.

  • On completion of the installation the product/s must be inspected by the Customer (or Customer’s representative, acting as the Customer’s Agent) with our Installers.  At the same time or before our Installation Team leaves the site, the Customer (or agent) will be given a Completion Certificate to sign (copy enclosed).  Should there be any issues with the installation please note them on this document prior to signing it. If no notes are made to the contrary then the job is complete and deemed to have been finished to a satisfactory standard.

  • If at the completion of the installation, the Customer or Customer’s Agent are not on site to inspect the installed product/s and sign the Completion Certificate, our Installation Team will sign the certificate and leave site. As the customer or their agent was not on-site, this is a breach of contract on the part of the customer, so the job is complete and deemed to have been finished to a satisfactory standard and any issues that subsequently arise from parts or functions that would normally have been checked off with the customer or their agent at this stage, but may be caused by something other than improper installation, will be the responsibility of the customer.

Product Guarantees

  • An Anti-Corrosion Guarantee is supplied with each product. The length of time applicable to the terms of the Guarantee will corespond to the individual commission, the requirements involved in the production and the geographical area in which the installation will take place. Coastal areas are given a much shorter Guarantee than installations which take place further inland.

  • We do not provide or imply any form of structural guarantees.

  • We do not provide a guarantee for any sale of 'Supply Only' products.

Rectifying Defects

  • We will supply goods that are in conformity with the contract. However, should any defect occur with the product within a reasonable time after delivery/installation please contact us in writing, either by post to CSW FABRICATIONS (NW) Ground Floor, 6 Banside Lane, Bacup, OL13 8GR, or email to cswfabs@gmail.com

  • Please note that any problems that occur due to the natural properties of the materials are not defects; please see Manufacturing & Materials section for more information.

  • We will request clear photos to illustrate the reported defect and its cause so that we can determine the means to rectify it prior to any rectification. This may involve taking photos of parts of your product which you believe are unconnected to the defect but which may nevertheless be the cause of it.

  • If a defect occurs which is the fault of the Company, the Company will give you appropriate options which may include replacement, repair or partial refund.

  • Where the defect is deemed to be the customer’s fault for any reason e.g. installation attached to poor quality material, poor maintenance, use of unsuitable fixings supplied by the customer, misuse of the product, poor or unsatisfactory customer installation, any rectification will be chargeable to the customer.

  • If you do not give us a reasonable opportunity to rectify any defect we will not reimburse you if you choose to rectify it yourself or with a third party.

Cancellation

  • 'The Customer' has no right to cancel at any time should their order be bespoke/made to order/made to own personal specification.

  • (The statement complies with the 'Exceptions to the right to cancel' section 13, part c of the Distance Selling Regulations; which refers to "goods made to the customer's specifications...")

Cancellation by us

  • Your order might be cancelled if the goods you ordered were listed at an incorrect price, the price quoted was for any reason incorrect due to a typographical error or an error in the pricing information received by us from our supplier.

  • We may cancel the order if we have offered at least 3 different delivery dates and these dates have been refused by the customer.

  • We may cancel the order if we have offered at least 3 different Installation dates and these dates have been cancelled by the customer.

  • We may cancel the order if you fail to pay for the goods as outlined in the section 'Payment'.

  • If we do cancel your order we will notify you in writing and any payments made to that date will be refunded minus any costs we have incurred up until that date. We will not be obliged to offer any additional compensation for disappointment suffered. 

  • If your order is cancelled part way or all the way through your bespoke manufacture we will not under any circumstances refund any monies paid to us in respect of the contract.

BUILDING REGULATIONS

All of our Balcony & Balustrade products adhere to current Building Regulations in terms of maximum spaces in and around the product/s and basic, domestic horizontal forces with regard to Building Regulations Part K/2,

STRUCTURAL CALCULATIONS

Under no circumstances do we provide free structural calculations for the suitability of the installation and/or suitable fixings on any particular Building. Our Balcony products & components have been calculated to withstand weight applied to the standing area and. horizontal forces applied to the Balustrade only and therefor Structural Calculations in relation to the safe attachment to the Building to which the Balcony will be Installed is the responsibility of the customer. We supply the full testing information for all Balustrade components, Glass & Fixings where applicable.

FORCE MAJEURE

Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-­outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage breakdown of plant or machinery, nuclear, chemical or biological contamination,

sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

GENERAL

Assignment and subcontracting CSW FABRICATIONS (NW) may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of CSW FABRICATIONS (NW).

 

NOTICES

Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre paid first class post, recorded delivery, commercial courier, fax.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to if sent by prepaid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by by fax, one Business Day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Please contact us if you would like a copy of these Terms & Conditions in large font format.

A family concern since 2001. Trust the experts!

CSW Fabrications,

Unit 24, New Hall Hey Business Park,

Rossendale,

Lancashire,

BB4 6HL.

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