Terms & Conditions of Sale
The Company means Warton Metals Limited trading as Solders Online of Grove Mill, Commerce Street, Haslingden, Lancashire BB4 5JT England. The Buyer means, the person, firm or company with whom any contract to sell goods is made by the company, directly or indirectly. The Goods means the products the subject of the contract between the Company and the Buyer together with any packaging, documents and literature.
Terms and Conditions of Sale are important because they create certainty between both parties. They detail the responsibilities of both ourselves ("The Seller" / "The Company") and you, ("The Buyer"). Our terms and conditions comply with existing legislation including the Sale of Goods Act 1979 (as amended); the Consumer Credit Act 1974, if appropriate, (as amended) and any legislation relating to restrictive trade practices. For all business transactions between the Buyer and the Seller, the terms and conditions of the Company apply. All orders for purchase are on condition that these terms are accepted by the purchaser at the time an order is being placed. These are the only terms and conditions on which the Company is prepared to deal with the Buyer to the exclusion of all other terms. The Company accepts no liability for any product or service advertised, supplied or otherwise promoted on this site by any third party. The Company does not warrant that any of the goods or services linked to or advertised on this site comply with data protection or other relevant legislation and the Company accepts no liability whatsoever for any claim arising from such goods or services. Your statutory rights are not affected.
All prices listed on this website are GROSS, including any appropriate taxes and in UK Pounds Sterling (£ or GBP), but excluding delivery charges which are added to the overall cost of items. Please note that our prices quoted do NOT include Delivery Charges. Any shipping costs are in addition to the quoted prices and need to be added to product prices. Payment in other currencies (eg. In Euro) can be quoted for. All prices are subject to change without notice, but are fixed at the time of Order/Purchase to the advertised price at that time. Unfortunately, it is not possible, for technical reasons, to add delivery charges through our automated online purchasing facility - delivery charges will be added later by us.
Most orders placed before 2pm (Monday to Friday) are shipped the same day with delivery usually taking up to 48 hours. If any of the products on your order are out of stock we aim to have your order shipped within 3-5 days.
The Company states delivery dates in good faith and uses all reasonable efforts to conform, but shall not be held liable to make delivery by or within any specified date or period but only to deliver within a reasonable time having regard to the time of receipt of all necessary information. The Company shall not be liable to compensate the Buyer for any indirect or consequential loss whatsoever arising by reason of the Company's failure to deliver Goods at a specified time or within a reasonable time. If a Buyer refuses or fails to take delivery of Goods in accordance with the Contract, the Company shall be entitled to immediate payment in full for the Goods so tendered. The Company shall be entitled to store the Goods and the Buyer shall pay, in addition to the purchase price, all costs of such storage and any additional costs incurred by the Company. After a period of 3 months, the Company shall be entitled to dispose of the Goods, and the Buyer shall remain liable for any amount payable including but not limited to accrued storage costs, together with all incidental costs relating to the sale, but less the net sales proceeds realised.
Payment may be made for online orders with Visa, Mastercard and PayPal. Cheques must be paid in advance and must be cleared before delivery. Established customers may be invoiced by prior arrangement. Invoices must be paid in full within 30 days of Invoice date. Failure to pay by the due date may incur interest penalties, which will be added to the account at the rate of 10% per month of the outstanding balance.
The risk in the Goods shall pass to the Buyer on delivery. Where Goods are delivered by or on behalf of the Company, delivery shall be complete upon offloading of the Goods at the Buyers premises or at the destination specified by the Buyer, or point of shipment if exporting. Where Goods are collected by or on behalf of the Buyer, delivery shall take place upon collection from the Company's premises or three days after notification that the Goods are ready for dispatch, whichever is the earlier.
Retention of Title:
Ownership of the Goods shall remain with the Company and the Company shall retain the right of ownership of the Goods until all amounts due in relation to Goods supplied by the Company, under any contract are paid in full. Until such time as ownership of the Goods passes to the Buyer, it shall hold them as bailee and in a fiduciary capacity for the Company and shall keep them readily identifiable as the Company's goods and on request shall notify the Company of their location. In any event that the Buyer shall make default in paying for any Goods for seven days from the due date for payment, or if the Buyer closes or threatens to cease trading, is wound up, or makes any compensation with creditors, calls a meeting for the purposes of winding up or any of such composition or has a receiver appointed (“Insolvency Event”), then the Buyer shall immediately cease to use or dispose of the Goods and shall on demand deliver the same to the Company. After making such demand, the Company shall be entitled, without incurring any liability to the Buyer, to enter the Buyer's premises or any other premises where the Goods are located, to inspect, remove and re-sell the Goods. Subject to the above, the Buyer may use or sell the Goods in the ordinary course of business. Where this clause applies and the Goods are being purchased for re-sale, the Buyer shall hold all proceeds of such sales in trust for the Company and in separate account. The Buyer hereby agrees forthwith on receipt of written notice from the Company, to assign to the Company all rights and claims which the Buyer may have against its customers arising from such sales, until payment is made in full to the Company. Nothing in this clause shall entitle the Buyer to return any Goods.
Warranty, Inspection & Claims:
The Company warrants only that the Goods will correspond as to the quality and description with the Company’s own specifications as set out in each product data sheet and all other terms conditions or warranties relating to the quality and / or fitness for any particular purpose whether express or implied are excluded to the fullest extent permitted by law.
It is therefore the Buyers responsibility to satisfy itself by inspection and testing of samples prior to placing any orders as to the purpose for which he requires the Goods and or particular conditions of use that will apply to the Goods and or the suitability or performance of the Goods when used in combination with any other Goods or materials, in any specific environment and in any process.
In no event shall the Company be responsible for special, incidental or consequential damages, whether the claim is in contract, negligence or otherwise. The Buyer shall thoroughly inspect the Goods on delivery and in any event before they are resold or otherwise dealt with and shall be deemed to have accepted the Goods seven days after delivery. Claims in respect of defects or errors of quantity or quality discoverable on inspection shall be made within 14 days of delivery and claims in respect of defects or errors not reasonably discoverable on inspection shall be made within three months from the delivery and the Company shall have no liability for any defect error or omission not so notified to the Company. Without prejudice to the generality of the foregoing, if and to the extent that the Solder Alloys as supplied by the Company comprise lead free alloys, whereas the manufacture and supply of such lead free alloys does not to the best of the Company's knowledge infringe any patent or other third party rights, it gives no warranties to this effect. It is the responsibility of the Buyer (or in the alternative any ultimate user of the Goods) to ensure that its use of the Goods, whether in any process of manufacture or in combination with other products, does not infringe patent or other rights of any third party however arising, and the Company shall have no liability to the Buyer or any other user of the Goods in the event of any third party bringing any claim regarding such use.
Where the Goods or some part of them are alleged to be defective or in breach of any obligation of the Company then: The Buyer shall notify the Company as soon as possible by telephone, fax or email followed by postal notice and shall allow the Company an opportunity to examine the Goods before they are resold or otherwise dealt with. The Buyer shall give the Company a reasonable opportunity of correcting any defects or errors at its own cost. If the Buyer agrees an allowance or replacement in respect of such Goods, the same shall be accepted by the Buyer in full and final settlement of all claims by the Buyer. The liability of the Company to the Buyer in respect of such Goods shall in all circumstances be limited to the price of the Goods or at the Company's option to replacing the Goods at the agreed point of delivery. Except in the case of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Buyer and in particular shall not be liable to compensate the Buyer for any indirect or consequential loss whatsoever.
All samples, descriptions and specifications supplied by the Company are the Company's exclusive property and shall not be copied, analysed or reproduced without the Company's prior written consent. Where the Buyer's specification is used, the Buyer warrants that the use of such specification for the manufacture or supply of the Goods shall not infringe the rights of any third party and shall indemnify and save harmless the Company from and against all claims, actions, liabilities costs and expenses arising as a result of work done or Goods manufactured or supplied by the Company in accordance with those specifications.
The Buyer accepts a tolerance of ± 5% in respect of the weight of Goods delivered to the Buyer as against the Company's declared weights as conclusive.
Unless otherwise agreed in writing by the Company, export Goods shall be covered by an unconditional irrevocable letter of credit satisfactory to the Company established by the Buyer in favour of the Company, immediately on receipt of the Company's acknowledgment of order and payable against invoices and bills of lading and confirmed by a UK bank acceptable to the Company. The letter of credit shall be for the contract price together with any tax or duty payable by the Buyer and shall be valid for at least three months or otherwise specified. The letter of credit shall entitle the Company to payment on presentation to the bank of documents as specified in the letter of credit. The Company has the right to rescind the Contract if this clause has not been compiled within a reasonable time of its acceptance of the Buyers order. The Buyer shall indemnify the Company against any loss and expense to the Company arising from the Buyers failure to hold or to obtain in due time any requisite import licence, permit or the like.
The Buyer may cancel an order up to the point at which the order has been shipped. After this point the goods have left the Company and cancellation is no longer possible. To cancel an order contact our customer support team using the details on our Contact Us page.
Refunds will be given where fair and appropriate. Please note that refunds will be solely on the basis of the price of the purchased product and will not include shipping or delivery charges which will already have been disbursed by us. Further, the cost of any shipping or carriage charges on any goods returned to us after acceptance must also be borne by the buyer. The Buyer may not be entitled to any refund in the following circumstances:
- If they were told about the fault at the time of purchase.
- If they examined the goods before they bought them, were satisfied with their quality at the time, and should have seen the fault for themselves.
- If they did the damage themselves.
- If they change their mind.
However, as a sign of goodwill Cast Iron Fires may offer a refund, a credit note or an exchange at their discretion. Please note that if a customer simply changes their mind regarding the purchase, and where goods are supplied exactly as ordered by the client, and where those goods are returned to us in perfect condition, we reserve the right to deduct a 20% re-stocking charge from the refund of the original purchase price.
Any waiver, latitude or concession allowed by either part to the other at any time shall not prevent such party from exercising its full rights under the contract in any other respect.
The Buyer shall not be entitled to set off any claim against payment of any amount due to the Company.
The contract shall be subject to English Law and the Buyer shall submit to the exclusive jurisdiction of the English Courts.
Any notice hereunder shall be deemed to have been duly given if sent by pre-paid 1st class post or fax to the party concerned at its registered office or last know address. Notices sent by 1" class post shall be deemed to have been given, three days after dispatch and notice sent by fax shall be deemed to have been given on the date of dispatch.