Terms and Conditions

Registered name: LT WELDING AND FABRICATIONS LTD
Company number: 10219213
Registered office: The Granary, Pullens Farm, Lamberhurst Road, Horsmonden, Tonbridge, England, TN12 8ED
Effective date: 3 August 2026

These Terms must be read with the relevant quotation, scope, drawings and project-specific exclusions.

Contract formation notice: Acceptance of a quotation, issue of an instruction or purchase order, payment of a deposit, approval of drawings, collection or acceptance of goods, or allowing work to commence constitutes acceptance of these Terms, subject to any statutory rights that cannot lawfully be excluded.

These Terms & Conditions govern every quotation, estimate, order, supply of goods, fabrication work, welding service, delivery, installation and other service provided by LT WELDING AND FABRICATIONS LTD (referred to as “LT Welding”, “we”, “us” or “our”).

They are intended for use with both Business Customers and Consumers. Clauses stated to apply only to Business Customers do not apply to Consumers. Nothing in these Terms removes any right or remedy that cannot lawfully be excluded.

1. Definitions and interpretation

1.1 “Business Customer” means a person acting for purposes relating wholly or mainly to that person’s trade, business, craft or profession, including a builder, developer, contractor, company, partnership, sole trader or public body.

1.2 “Consumer” means an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.

1.3 “Contract” means the agreement between us and the Customer comprising, in descending order of priority: (a) any written project-specific amendment signed or expressly accepted by a director of LT Welding; (b) our quotation and its scope, assumptions and exclusions; (c) agreed written variations; (d) these Terms; and (e) drawings and specifications referred to in the quotation.

1.4 “Contract Price” means the price stated in the quotation, as adjusted by variations, additional charges, taxes and other sums properly due under the Contract.

1.5 “Customer” means the person, firm or company purchasing the goods or services.

1.6 “Goods” includes steel, fabricated steelwork, components, plates, fixings, bolts, materials and other items supplied by us.

1.7 “Works” means the fabrication, welding, delivery, installation and other services described in the quotation.

1.8 A reference to “writing” includes email, electronic signature, text message and WhatsApp message where the sender and instruction can reasonably be identified.

1.9 Headings are for convenience only. “Including” means including without limitation. A reference to legislation includes amendments and replacement legislation.

2. Application, acceptance and priority

2.1 These Terms apply to every Contract unless a director of LT Welding expressly agrees otherwise in writing.

2.2 The Customer accepts these Terms by accepting our quotation, issuing an instruction or purchase order, paying a deposit, approving drawings, collecting or accepting Goods, or allowing us to begin the Works.

2.3 Any terms contained in the Customer’s purchase order, subcontract order, portal, specification or other document are excluded unless a director of LT Welding expressly accepts them in writing. Performance of the Works or acknowledgement of a purchase order does not amount to acceptance of the Customer’s terms.

2.4 No retention, liquidated damages, delay damages, collateral warranty, third-party agreement, performance bond, parent-company guarantee, “pay when paid” provision, fitness-for-purpose obligation or design obligation applies unless expressly identified and accepted in our quotation or a written amendment signed by a director.

2.5 Where there is a conflict, the order of priority in clause 1.3 applies.

3. Quotations, estimates and pricing

3.1 Quotations remain open for acceptance for 30 days unless stated otherwise. We may withdraw or revise a quotation before acceptance.

3.2 A quotation is based on the information, drawings, dimensions, quantities, programme and site conditions available when it is prepared. Inaccuracies, omissions, changed conditions or later instructions may change the price and programme.

3.3 An estimate is an indication only and is not a fixed price. Where the amount of work cannot reasonably be determined in advance, work may be charged using our current labour, material, plant, transport and subcontract rates.

3.4 Prices to Business Customers exclude VAT unless expressly stated. Consumer quotations will state the total price including VAT where the price can reasonably be calculated in advance.

3.5 We may revise unaccepted quotations to reflect changes in steel, fuel, galvanizing, paint, labour, transport, plant, taxes, exchange rates or supplier charges.

3.6 After acceptance, price increases caused by a Customer change, delay, suspension, inaccurate information, change in law, exceptional supplier increase or other event for which we are not responsible will be treated as a variation where legally permitted.

3.7 Quantities and weights stated in a quotation may be approximate unless expressly stated to be fixed. Actual weights, quantities and work performed may be used for valuation where the quotation is based on rates.

4. Orders and authority

4.1 No order is binding until accepted by us. We may decline an order or require a deposit, advance payment, credit information or other security.

4.2 The Customer must identify any person authorised to approve drawings, issue instructions or agree variations. Unless notified otherwise, we may rely on instructions from the Customer’s director, owner, project manager, contracts manager, quantity surveyor, site manager or other person apparently responsible for the project.

4.3 The Customer is responsible for ensuring that its instructions and approvals are accurate, complete and given in sufficient time.

4.4 A failure by the Customer to issue its own formal purchase order does not prevent payment becoming due for work it instructed or knowingly accepted.

5. Information, surveys and measurements

5.1 The Customer must provide all drawings, dimensions, levels, datums, specifications, structural calculations, connection details, loadings, site information and programme requirements necessary for us to perform the Contract.

5.2 Where the Customer or a third party supplies dimensions, drawings or specifications, we are entitled to rely on them and are not responsible for errors, omissions or inconsistencies that could not reasonably have been identified by a competent fabricator from the information supplied.

5.3 Where we carry out a site survey or measurement, it is limited to areas that are visible, safe and reasonably accessible at the time. We do not undertake destructive investigation, opening-up, underground-service detection, structural appraisal or confirmation of concealed construction unless expressly included.

5.4 The Customer must ensure that the site, openings, walls, foundations, bearing points, datum levels and surrounding works are not altered after measurement without notifying us.

5.5 Existing buildings may be out of square, level, line or plumb. Reasonable site adjustment, packing, trimming or modification may be required and will be chargeable where outside the quoted scope.

5.6 Where dimensions cannot be confirmed until demolition, opening-up or another trade has completed work, fabrication dates are conditional on a final measurement and written release to manufacture.

5.7 Remedial work, refabrication, additional material, delay or return visits caused by inaccurate or changed information supplied by others are chargeable.

6. Design and engineering responsibility

6.1 Unless expressly stated in our quotation, we do not provide structural engineering, structural design, connection design, temporary-works design, foundation design, assessment of an existing structure or advice on load paths.

6.2 The Customer must appoint a suitably qualified structural engineer where design is required. The structural engineer remains responsible for member sizes, grades, loadings, connections, bearings, foundations, stability, temporary support and the structural adequacy of the completed design.

6.3 Fabrication, general arrangement, setting-out or shop drawings prepared by us are produced to communicate manufacture and installation information. They do not replace structural calculations or transfer structural-design responsibility to us.

6.4 Where we expressly agree to undertake a defined element of design, our responsibility is limited to that stated scope and the information and design criteria provided to us. No fitness-for-purpose duty is accepted unless expressly agreed in writing by a director.

6.5 The Customer must obtain all engineer, architect, principal designer, Building Control and other approvals required before manufacture or installation.

6.6 We may decline to proceed where design information is incomplete, contradictory, unsafe or unsuitable for fabrication or installation.

7. Drawings and approvals

7.1 Where drawings are submitted for approval, fabrication will not commence until the Customer gives written approval or written instruction to proceed.

7.2 Approval confirms, so far as shown, dimensions, quantities, member orientation, levels, openings, connection locations, finishes and interfaces with other work. It does not transfer to the Customer any design responsibility that we have expressly accepted, nor does it transfer structural-design responsibility to us where we have not accepted it.

7.3 Changes after approval, including engineer’s revisions, site changes, additional holes, altered connection details or changes in sequence, are variations.

7.4 Delay in providing information or approval entitles us to extend the programme and recover resulting costs.

7.5 We are not required to check every dimension or design decision contained in documents produced by others, although we may raise discrepancies that become apparent.

8. Standards, tolerances and certification

8.1 The Customer must identify before quotation any project-specific requirement for an Execution Class, welding procedure, welder qualification, material grade, traceability, inspection and test plan, non-destructive testing, material certificates, Declaration of Performance, CE or UKCA documentation, as-built information, operation and maintenance information or other certification.

8.2 We will comply with applicable legal requirements and with the standards expressly identified in the quotation. Documentation or testing beyond the quoted scope is chargeable.

8.3 Unless an architectural or decorative finish is expressly specified, structural steelwork is supplied as a functional structural product. Reasonable fabrication and erection tolerances apply.

8.4 Minor surface marks, mill scale, rolling marks, handling marks, weld profile, local distortion, bolt heads, packers and site-made adjustments are not defects where consistent with the specified standard and functional purpose.

8.5 Grinding welds flush, dressing edges to an architectural finish, concealed fixings, trial assembly, special inspection, NDT and enhanced traceability are excluded unless expressly included.

9. Materials, galvanizing and coatings

9.1 Material grades, sizes and finishes will be as stated in the quotation or drawings. Equivalent compliant products may be used where the specified product is unavailable, provided this does not materially reduce performance.

9.2 Hot-dip galvanizing is an industrial protective process. Variations in colour, brightness, thickness, texture, runs, rough areas, ash marks, vent and drain holes, local bare areas repaired in accordance with an applicable standard, and minor distortion can occur and are not necessarily defects.

9.3 The Customer authorises holes and details reasonably required for safe venting, draining, lifting and galvanizing. Where the appearance or position of such holes is important, the Customer must identify this before fabrication.

9.4 Galvanizing may distort long, thin, asymmetric or heavily welded components. We will take reasonable fabrication precautions but are not liable for unavoidable process distortion outside our reasonable control.

9.5 Shop primer and standard paint systems are protective workshop coatings, not decorative final finishes unless expressly stated. Handling, transport, erection and site welding may require local touch-up by us or others as stated in the quotation.

9.6 Final decorative painting, intumescent coating, fire protection, coating inspection, specialist colour matching and future maintenance are excluded unless expressly included.

9.7 Programme dates involving galvanizers, coaters or specialist suppliers remain subject to their capacity and performance.

10. Customer and site responsibilities

10.1 The Customer must ensure that the site is fully prepared, safe and ready before our scheduled arrival. This includes:

• Safe, lawful and unrestricted access for our personnel, vehicles, deliveries, lifting equipment and plant.
• A clean and clear working area with sufficient space for assembly, welding, lifting and installation.
• Completion of all preceding works and removal of obstructions, stored materials and waste.
• Accurate set-out, datums, levels, openings, bearing points, padstones, foundations and supporting structures.
• Suitable ground conditions and bearing capacity for vehicles, cranes, outriggers, MEWPs and lifting operations.
• Any agreed scaffolding, edge protection, temporary works, propping, lifting points, power supply, lighting, water, welfare and security.
• All permits, licences, parking suspensions, road closures, traffic management, neighbour permissions and access arrangements.
• Identification, isolation and protection of electrical cables, gas pipes, water services, drains, communications, hidden services and hazardous materials.
• Any hot-work permit, fire-alarm isolation and fire-watch arrangements not expressly included in our quotation.
• Coordination with the principal contractor, principal designer, structural engineer and other trades.

10.2 Our operatives are not responsible for preparing the site, moving other trades’ materials or carrying out excluded builders’ work unless expressly agreed.

10.3 The Customer must provide accurate information about site-specific hazards, asbestos, contamination, fragile surfaces, confined spaces, live services, overhead lines, underground services and restrictions.

10.4 The Customer is responsible for loss, delay and additional cost caused by a failure to meet these obligations.

11. Access, delivery, unloading and storage

11.1 Delivery dates and times are estimates unless expressly agreed as fixed. We may make partial deliveries.

11.2 The Customer must provide a safe unloading location with suitable access, turning space and ground conditions. The driver or lifting supervisor may refuse to enter or unload where conditions appear unsafe.

11.3 Unless expressly included, the Customer is responsible for unloading, lifting and positioning Goods and for providing suitable plant and competent operators.

11.4 Where we provide unloading or lifting, the Customer must identify underground and overhead hazards and provide suitable exclusion zones and ground-bearing information.

11.5 Failed delivery, redelivery, standing time, rebooking, additional handling, permits, escort costs and storage caused by the Customer are chargeable.

11.6 Where Goods are ready but delivery or collection is delayed by the Customer, we may store them at the Customer’s risk and charge reasonable storage, handling, insurance and redelivery costs after giving notice.

11.7 The Customer must provide dry, secure and suitable storage and must protect Goods against theft, contamination, impact and weather damage.

12. Installation, lifting and temporary works

12.1 Installation is limited to the scope expressly stated in the quotation.

12.2 The Customer must ensure that existing structures, foundations, padstones, walls, openings and supports are complete, cured, stable and suitable to receive the steelwork.

12.3 Temporary propping, needling, shoring, bracing, sequencing and temporary-works design are excluded unless expressly included. The Customer must ensure that temporary support is designed, installed and maintained by competent persons.

12.4 We may stop or alter the proposed installation method where site conditions, access, weather, lifting capacity or safety require it. Resulting additional work or plant is chargeable where the condition was not caused by us.

12.5 Dry packing, non-shrink grouting, bedding, bricking or blocking steelwork back in, forming padstones, concrete works and making good are excluded unless expressly included.

12.6 Site welding, cutting, drilling, trimming and local modification not shown in the accepted scope are variations unless reasonably necessary to correct our own defective work.

12.7 The Customer must prevent other trades from loading, altering, cutting, welding to or removing supports from the steelwork until installation is complete and any engineer’s release has been obtained.

13. Waiting time, abortive visits and disruption

13.1 Waiting time is charged at £75.00 plus VAT per operative per hour or part of an hour where our personnel cannot commence or continue productive work because the site is not ready, access is unavailable, information or permits are missing, plant or other trades are unavailable, or the Customer otherwise delays the Works.

13.2 Waiting time starts at the scheduled arrival time or, if later, the time our personnel arrive, and continues until productive work can commence or the visit is abandoned.

13.3 Where the scheduled Works cannot be carried out and our team is required to leave and return on another day, an abortive visit charge of £350.00 plus VAT per team visit applies. This is additional to waiting time already incurred.

13.4 The Customer must also pay additional labour, travel, mileage, delivery, plant, crane, accommodation, permit, storage, supplier-cancellation and other reasonable costs resulting from the disruption.

13.5 The charges are intended to compensate us for reasonably incurred cost and lost productive time. We will not recover the same loss twice and will take reasonable steps to mitigate loss where required.

13.6 Return visits are subject to our availability and may affect the completion date and other scheduled work.

14. Programme and delay

14.1 Dates and programmes are estimates unless expressly stated to be fixed and accepted by a director in writing.

14.2 Any period begins only after we have received all required information, approvals, deposit or advance payment and confirmation that the site will be ready.

14.3 We are entitled to a reasonable extension of time for variations, late information or approval, Customer delay, unsafe conditions, restricted access, other trades, adverse weather, supplier delay, material shortage, industrial action, transport disruption, utility failure, statutory authority action or any event beyond our reasonable control.

14.4 Unless expressly accepted in writing by a director, we are not liable for liquidated damages, delay damages, loss of rent, financing costs, loss of use or other consequences of late completion.

14.5 We will notify the Customer of a material delay when reasonably practicable and will take reasonable steps to reduce its effect.

15. Variations and additional work

15.1 Any change to the scope, drawings, dimensions, design, materials, finish, quantity, sequence, access, programme or method of working is a variation.

15.2 A variation may be agreed by email, text, WhatsApp, site instruction, marked-up drawing, revised drawing, purchase order or other written instruction from an authorised person.

15.3 Where urgent action is reasonably required to protect safety, prevent damage or avoid greater delay, we may carry out necessary work and notify the Customer as soon as practicable.

15.4 Variations may alter the Contract Price, payment schedule and completion date. Where a price is not agreed beforehand, a reasonable price will be payable based on our current rates and costs plus a reasonable allowance for overhead and profit.

15.5 Additional visits, remeasurement, redesign, refabrication, extra holes or plates, site modification, waiting, storage and work caused by changed or inaccurate information are variations.

15.6 A lack of a revised purchase order does not make an instructed or accepted variation free of charge.

15.7 Variations may be invoiced separately and payment is not conditional on agreement of the final account.

16. Cancellation, postponement and returns

16.1 The Customer must notify us immediately in writing if it wishes to cancel or postpone the Contract.

16.2 For a Business Customer, once materials have been ordered, labour or plant has been committed, drawings have been prepared or fabrication has commenced, the Customer must pay all work performed, materials and services ordered, cancellation and restocking charges, administration, storage, plant and subcontract costs, and our reasonable net loss caused by cancellation or loss of scheduled production time, less costs reasonably saved or avoided.

16.3 A postponement may be treated as a cancellation of the reserved production or installation slot. Revised dates are subject to availability and additional cost.

16.4 Bespoke, cut, drilled, welded, galvanized, painted or otherwise specially ordered Goods cannot normally be returned or resold. This does not affect a Consumer’s statutory rights in relation to defective or non-conforming Goods.

16.5 Standard unused Goods may be accepted for return only with our prior written agreement and may be subject to transport, inspection, handling and supplier-restocking charges.

16.6 Consumer cancellation rights, where applicable, are set out in clause 31 and Schedule 2.

17. Payment – general

17.1 Deposits and advance payments stated in the quotation are due on acceptance and must clear before we order materials, reserve plant or commence work.

17.2 Unless the quotation states otherwise, invoices not governed by clause 18 are due within 7 calendar days of issue. Interim invoices and invoices for variations are independently payable.

17.3 Time for payment is material to the Contract. The Customer must pay all undisputed sums in full without withholding, deduction, set-off, contra-charge or retention except where expressly agreed in writing or permitted by law and properly notified.

17.4 Where the Customer disputes part of an invoice, it must notify us promptly with detailed reasons and pay the undisputed balance by the due date.

17.5 For qualifying commercial debts, we may charge statutory interest, fixed compensation and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

17.6 For Consumers, we may charge reasonable simple interest on overdue sums at 4% per year above the Bank of England base rate after giving written notice, to the extent fair and lawful.

17.7 We may apply payments against the oldest outstanding debt, interest and recovery costs first unless the law requires otherwise.

17.8 The Customer is responsible for reasonable legal, adjudication, collection and debt-recovery costs to the extent legally recoverable.

17.9 We may revise or withdraw credit facilities and require advance payment where payment is late, a credit limit is exceeded or we reasonably believe payment is at risk.

18. Construction-contract payment and adjudication

18.1 This clause applies only where the Contract is a “construction contract” to which Part II of the Housing Grants, Construction and Regeneration Act 1996 applies.

18.2 Unless the quotation provides a different compliant payment schedule, the due date for each application or invoice is the date it is received by the Customer. The final date for payment is 14 calendar days after the due date.

18.3 The Customer must give a payment notice no later than 5 days after the due date, stating the sum it considers due at the due date and the basis of calculation.

18.4 If the Customer does not give a valid payment notice, our application or invoice will constitute our payment notice or, where required, we may give a default payment notice. The final date for payment will be adjusted only to the extent required by applicable legislation.

18.5 Any pay-less notice must be validly served no later than 5 days before the final date for payment and must state the sum considered due and the basis of calculation.

18.6 The Customer must pay the notified sum by the final date for payment. No “pay when paid” or “pay when certified” condition applies except where legislation expressly permits it.

18.7 Where the anticipated duration exceeds 45 days, monthly stage payments apply unless another interval is stated in the quotation.

18.8 Either party may refer a dispute to adjudication at any time where the statutory right applies. If the Contract does not contain a required adjudication or payment provision, the relevant provision of the Scheme for Construction Contracts applies.

18.9 If a notified sum is not paid by the final date, we may suspend any or all obligations after giving at least 7 days’ written notice, and we are entitled to a reasonable extension of time and reasonable costs and expenses resulting from the suspension and remobilisation.

19. Ownership and risk

19.1 Legal title to Goods remains with us until all sums due to us under the Contract and any other contract with the Customer have been paid in full, to the extent this is legally effective.

19.2 Until title passes, a Business Customer must keep identifiable, unincorporated Goods separately stored, insured and clearly marked as our property and must not sell, charge or dispose of them.

19.3 Where legally permitted and safe, we may require the return of unpaid, unincorporated Goods. Nothing in this clause gives us a right to enter private property or remove incorporated structural steel without lawful authority.

19.4 For Business Customers, risk of loss or damage passes on the earlier of delivery, unloading, collection, installation or the date the Customer fails to accept delivery after being notified that Goods are ready.

19.5 For Consumers, risk passes in accordance with applicable consumer law, normally when the Consumer or a person identified by the Consumer takes physical possession.

19.6 The Customer is responsible for insuring Goods and the Works from the time risk passes.

20. Inspection, defects and rectification

20.1 A Business Customer must inspect Goods and completed Works as soon as reasonably practicable and notify us in writing of visible shortage, transit damage or apparent defect within 2 working days of delivery or completion. Latent defects must be notified promptly after discovery.

20.2 Failure by a Business Customer to give prompt notice may prevent recovery to the extent that delay has caused prejudice, additional damage or loss of evidence.

20.3 The Customer must give us reasonable access and opportunity to inspect any alleged defect and, where we are responsible, a reasonable opportunity to repair, repeat, replace or otherwise rectify it.

20.4 Except in a genuine emergency, we are not liable for third-party remedial costs incurred without first giving us a reasonable opportunity to inspect and rectify.

20.5 We are not responsible for defects or damage caused by inaccurate design or information supplied by others, movement or failure of an existing structure, inadequate foundations or temporary works, misuse, overloading, impact, corrosion environment, lack of maintenance, alteration by others, fair wear and tear or matters falling within accepted tolerances.

20.6 Nothing in this clause limits a Consumer’s statutory remedies.

21. Customer materials and third-party work

21.1 Where we work on materials, structures or components supplied by the Customer or another party, the Customer warrants that they are suitable, accurately described, safe to work on and free from contamination or hidden defects.

21.2 We are not responsible for the quality, composition, traceability or prior treatment of customer-supplied materials unless we expressly agree to test or verify them.

21.3 Additional work, damage or delay caused by unsuitable customer-supplied materials or defective work by others is chargeable.

21.4 We are not responsible for work altered, welded, drilled, cut, loaded, coated or otherwise interfered with by another party after our work unless we expressly approve it.

22. Health and safety

22.1 Each party must comply with applicable health and safety law and cooperate with reasonable site rules and risk-control measures.

22.2 Our personnel may stop or refuse work immediately where they reasonably believe conditions are unsafe, required controls are absent, weather is unsuitable, the method is unsafe or abusive or threatening behaviour occurs.

22.3 Time lost and reasonable costs caused by unsafe conditions or conduct for which the Customer or another site party is responsible are chargeable.

22.4 The Customer must not instruct our personnel to depart from an agreed method, lift beyond rated capacity, work without required protection or undertake work outside their competence.

22.5 Stopping work for genuine safety reasons is not a breach by us and entitles us to a reasonable extension of time.

23. Damage and making good

23.1 We will take reasonable care when delivering and installing steelwork, but structural installation may cause minor cosmetic disturbance, vibration, dust, marking, local breakout or damage to finishes that cannot reasonably be avoided.

23.2 Unless expressly included, we do not undertake plastering, decorating, brickwork, blockwork, roofing, cladding, flooring, waterproofing, fire stopping or other making good.

23.3 The Customer must protect finished surfaces, remove fragile or valuable items and identify areas requiring special precautions before work starts.

23.4 We are responsible for direct physical damage caused by our failure to exercise reasonable care, subject to clause 25. We are not responsible for pre-existing defects or unavoidable disturbance inherent in the agreed method.

24. Care, maintenance and corrosion

24.1 The Customer is responsible for inspecting, protecting and maintaining the steelwork and coatings after completion, including repair of impact damage, coating breakdown, exposed cut edges and areas altered by others.

24.2 Uncoated or inadequately coated steel will corrode. Surface rust, weathering and staining are not defects where the quoted finish did not include a suitable corrosion-protection system for the environment.

24.3 The Customer must ensure that water traps, drainage, ventilation, dissimilar-metal contact, chemical exposure and other environmental risks are addressed by the project designer.

24.4 No separate warranty period applies unless stated in the quotation. This does not limit statutory rights or liability for defective work.

25. Liability

25.1 Nothing in the Contract excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of title, deliberate wrongdoing, or any liability that cannot lawfully be excluded or limited.

25.2 Nothing in these Terms limits a Consumer’s statutory rights or remedies.

25.3 For Business Customers only, we are not liable for indirect or consequential loss, loss of profit, revenue, business, opportunity, contract, goodwill, anticipated saving, rent, finance, production or use.

25.4 For Business Customers only, our aggregate liability arising out of or in connection with the Contract, other than liability under clause 25.1 and direct physical damage to tangible property caused by our negligence, is limited to 100% of the Contract Price.

25.5 For Business Customers only, our aggregate liability for direct physical damage to tangible property caused by our negligence is limited to £1,000,000 for each event or series of connected events. The Customer should verify that this figure is appropriate for the project before acceptance.

25.6 We are not liable for structural design, temporary works, foundations, existing structures, concealed conditions or work by others except to the extent expressly included in our scope and caused by our breach.

25.7 We are not liable for delay or failure caused by the Customer, another contractor, a supplier, carrier, galvanizer, coater, statutory authority, weather or other event beyond our reasonable control, except to the extent that we failed to take reasonable steps within our control.

25.8 Any liability is reduced to the extent that the Customer or another person caused or contributed to the loss, failed to mitigate it, or prevented us from inspecting or rectifying the issue.

25.9 Each limitation in this clause is separate and applies only to the extent reasonable and legally enforceable.

26. Business-customer indemnity

26.1 This clause applies only to Business Customers.

26.2 The Business Customer will indemnify us against reasonable direct loss, liability and cost arising from: (a) inaccurate or unlawful instructions, drawings or information supplied by the Customer; (b) unsafe site conditions or breach of the Customer’s site responsibilities; (c) infringement of third-party rights by designs or materials supplied by the Customer; or (d) claims by third parties resulting from the Customer’s breach of Contract.

26.3 The indemnity does not apply to the extent that the loss was caused by our negligence, breach of Contract or deliberate wrongdoing.

27. Suspension, termination and insolvency

27.1 We may suspend supply, fabrication, delivery or installation where payment is overdue, credit support is not provided, information or approval is missing, the site is unsafe or unready, the Customer materially breaches the Contract, or we reasonably believe payment is at serious risk.

27.2 Where legislation requires notice before suspension, including under clause 18, we will give the required notice.

27.3 We may terminate the Contract by written notice where the Customer commits a material breach and, if remediable, fails to remedy it within a reasonable stated period; repeatedly pays late; becomes insolvent; enters administration or liquidation; proposes an arrangement with creditors; ceases trading; or behaves abusively or threatens our personnel.

27.4 The Customer may terminate for our material breach if we fail to remedy a remediable breach within a reasonable period after receiving detailed written notice.

27.5 On suspension or termination, all sums for work performed, Goods ordered or fabricated, demobilisation, storage, cancellation and other accrued costs become payable, subject to Consumer rights and any mandatory law.

27.6 Termination does not affect accrued rights. Payment, title, intellectual property, liability, confidentiality and dispute clauses continue after termination.

28. Force majeure

28.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, including severe weather, flood, fire, epidemic, war, civil disturbance, terrorism, industrial dispute, material or fuel shortage, transport interruption, supplier failure, power failure, cyber incident, government restriction, statutory authority action or natural disaster.

28.2 The affected party must notify the other when reasonably practicable and take reasonable steps to reduce the effect.

28.3 The programme will be extended by a reasonable period and reasonable unavoidable additional costs may be recoverable where the event affects the Works and the law permits.

28.4 If the event prevents substantial performance for more than 60 days, either party may terminate the affected unperformed part by written notice, with payment due for work and commitments made before termination.

29. Intellectual property and confidentiality

29.1 All intellectual property in our quotations, drawings, models, fabrication details, calculations, templates, CNC files, cutting lists, methods and know-how remains ours or our licensor’s.

29.2 After full payment, the Customer receives a non-exclusive licence to use project-specific drawings and documents solely for constructing, operating and maintaining the project for which they were prepared.

29.3 The Customer must not issue our fabrication drawings or digital files to another fabricator, copy them for another project or remove our identification without written permission.

29.4 We are not required to provide native CAD, model, CNC or machine files unless expressly included.

29.5 Each party must keep genuinely confidential commercial or technical information confidential, except where disclosure is required for the project, professional advice, insurance, finance or law.

30. Photographs and records

30.1 We may take photographs, videos, measurements and records before, during and after the Works for surveying, quality control, progress evidence, training, health and safety, insurance and dispute purposes.

30.2 We will not publish images for marketing where a private customer, address, vehicle registration, personal document or other identifying feature is clearly visible without appropriate permission or anonymisation.

30.3 The Customer must tell us before work starts of any reasonable photography restriction applying at the site.

30.4 Personal data will be handled in accordance with applicable data-protection law and our privacy information.

31. Consumers and statutory rights

31.1 Nothing in the Contract restricts rights available to a Consumer under the Consumer Rights Act 2015 or other mandatory consumer law. Goods must meet applicable statutory standards and services must be performed with reasonable care and skill.

31.2 If a Consumer contract is made at a distance or away from our business premises, the Consumer may have a statutory 14-day cancellation right. Schedule 2 explains the right and provides a model cancellation form.

31.3 The statutory cancellation right does not normally apply to Goods made to the Consumer’s specifications or clearly personalised, including fabricated steelwork made to project-specific dimensions, but this exception may not remove cancellation rights relating to separate service elements.

31.4 If the Consumer asks us to begin a service during a statutory cancellation period, the Consumer must make an express request. If the Consumer then cancels, a proportionate amount may be payable for services supplied before cancellation.

31.5 If a service is fully performed during the cancellation period after the Consumer expressly requested early performance and acknowledged that the cancellation right would be lost on full performance, the cancellation right may end when the service is completed.

31.6 Where a term applies differently to a Consumer because of mandatory law, it applies only to the maximum extent permitted and the remaining Terms continue to apply.

32. Notices

32.1 Notices and instructions may be sent by hand, prepaid post or email to the address stated in the quotation, order or latest written communication.

32.2 A notice delivered by hand is received when delivered; by first-class post, two working days after posting; and by email, when transmitted without an automated failure message, provided that a notice sent after 5:00 pm or on a non-working day is treated as received on the next working day.

32.3 This clause does not govern formal service of court proceedings or documents where procedural law requires another method.

33. Assignment and subcontracting

33.1 We may use subcontractors and specialist suppliers, including fabricators, galvanizers, coaters, hauliers, crane providers and installers, while remaining responsible for our contractual obligations.

33.2 A Business Customer may not assign, transfer or charge the Contract without our written consent.

33.3 We may assign the right to receive payment or transfer the Contract as part of a sale or reorganisation of our business, provided this does not reduce a Consumer’s rights.

34. General provisions

34.1 The Contract constitutes the entire agreement relating to its subject matter. A Business Customer confirms that it has not relied on a statement not recorded in the Contract, except that nothing excludes liability for fraud or fraudulent misrepresentation.

34.2 A change to the Contract is effective only if agreed in writing by authorised representatives, except as otherwise provided for variations.

34.3 A failure or delay in enforcing a right is not a waiver. A waiver on one occasion is not a waiver on another.

34.4 If a provision is invalid or unenforceable, it will be treated as modified to the minimum extent necessary or deleted, and the remaining provisions continue.

34.5 Except where expressly stated, no person other than the parties has a right to enforce the Contract under the Contracts (Rights of Third Parties) Act 1999.

34.6 Nothing creates a partnership, joint venture, employment or agency relationship.

34.7 The version of these Terms incorporated into the accepted quotation or otherwise supplied at the time of contract formation applies to that Contract. Website updates do not retrospectively change an existing Contract.

35. Governing law and disputes

35.1 The Contract and any non-contractual obligations are governed by the law of England and Wales.

35.2 The parties should first attempt in good faith to resolve a dispute through prompt discussion between persons with authority to settle it.

35.3 Where a statutory right to adjudication applies, either party may refer a dispute to adjudication at any time.

35.4 Subject to any mandatory Consumer right and statutory adjudication right, the courts of England and Wales have exclusive jurisdiction.

35.5 A Consumer resident in another part of the United Kingdom retains any mandatory right to bring proceedings in the courts applicable to that residence.

Schedule 1 – Standard exclusions

Unless expressly included in the quotation, our price and scope exclude the following:

• Structural engineering, structural calculations, connection design, temporary-works design, foundation design and assessment of existing structures.
• Architect, principal designer, planning, Building Control, warranty-provider, party-wall and other professional fees or approvals.
• Demolition, opening-up, removal of existing structures, excavation and disposal of existing materials.
• Padstones, foundations, concrete, reinforcement, masonry bearings and curing periods.
• Temporary propping, needling, shoring, bracing and monitoring of existing structures.
• Dry packing, non-shrink grouting, bedding under base plates or bearing plates, and filling voids.
• Bricking, blocking, building or making steelwork back into walls, floors, roofs or other construction.
• Plastering, rendering, decorating, final painting, roofing, cladding, flooring, waterproofing, flashing, sealants, fire stopping and making good by other trades.
• Intumescent coating, fire protection, fire engineering and certification unless expressly stated.
• Asbestos surveys, asbestos removal, contamination, lead paint, hazardous materials and specialist environmental controls.
• Scaffolding, towers, edge protection, crash decks, MEWPs, cranes, HIABs and specialist lifting unless expressly included.
• Lifting plans, appointed-person services and temporary lifting points unless expressly included.
• Traffic management, road closures, parking suspensions, permits, licences, escorts, congestion charges, tolls and neighbour access.
• Electrical isolation, service diversions, utility detection, core drilling and builders’ openings.
• Power, lighting, water, welfare, security, hoarding and weather protection.
• Testing or verification of existing foundations, walls, floors, roofs, bearings or hidden construction.
• Non-destructive testing, special inspection, enhanced traceability, material certificates and project certification beyond that stated in the quotation.
• Architectural-quality finishes, flush-ground welds, concealed connections, trial assembly and special polishing unless expressly included.
• Final cleaning of the site beyond removal of waste and debris generated directly by our own work.
• Out-of-hours, weekend, night or phased working unless expressly included.
• As-built drawings, native CAD models, CNC files, operation and maintenance manuals, BIM deliverables and collateral warranties unless expressly included.
• Remedial work made necessary by inaccurate information, changed site conditions, defective work by others or alterations after measurement or approval.
• Any work, supply, service or responsibility not expressly described as included in our quotation.

Project-specific rule: The quotation may add to, remove or amend these exclusions. The specific quotation takes priority over this Schedule.

Schedule 2 – Consumer cancellation documents

A. Cancellation information

You may have the right to cancel the Contract within 14 days without giving a reason. For a service contract, the cancellation period normally ends 14 days after the Contract is made. For a sales contract, it normally ends 14 days after you or a person you nominate receives the Goods.

The cancellation right does not normally apply to Goods made to your specifications or clearly personalised. Fabricated steelwork manufactured to project-specific dimensions will usually fall within this exception. A mixed contract may still contain a cancellable service element.

To cancel, you must tell us by a clear statement before the cancellation period expires.

If you requested that a service begin during the cancellation period and then cancel, you may have to pay a proportionate amount for the service supplied before cancellation. If the service was fully completed after your express request and acknowledgement, the cancellation right may have been lost.

Where cancellation is valid, refunds will be made as required by law, using the original payment method unless otherwise agreed.