Terms and Conditions

Trading Terms and Conditions
of GizFab

 

We don’t believe in ‘small’ print so our terms are listed in readable large font.

You are strongly advised to read our Terms and Conditions of Business prior to placing your order.

If you have any questions relating to such, please email gizfab@aol.com

 

1.      Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer’s terms and conditions the following are deemed to have been accepted by the prospective buyer and take precedence over all other terms and conditions as governed under English Law.

2.      Written quotations, online prices and brochure prices are subject to our written confirmation on receipt of the buyer’s order and no contract shall be concluded until such written confirmation is given prior to commencement of manufacture.

3.      Our standard workshop rate for fabrication is £40 per hour.  Trade rates are negotiable.  Please ask for details.

4.      All prices are nett, ex delivery costs. For exports any customs, duty or local tax will be the responsibility of the buyer.

5.      Bespoke / Custom Work. A 25% non-refundable deposit is required for any Custom Work.  Please read clause 24 for our cancellation policy. We do not offer any static warranty period for custom work. We will, however, work with yourself to rectify any issues that may arise after the work has left our premises. Please read clause 17.

6.      Workshop Storage.

Vehicles stored within our workshop that are mobile but we are unable to enter or move due (such as not having the keys in our possession) will be chargeable at a £5 per day rate. Maximum chargeable rate will be no more than £25 a week.  Charges do not apply for vehicles if we have the keys and therefore means to move the vehicle in and out of our workshop to suit or day to day workshop movement needs.  Charges also do not apply to vehicles that are immobile as a result of work being carried out on them.

Vehicle and Part Release.

No vehicles or parts to be removed from the premises until all bills are settled in full.  Part payments can be taken towards clearing the final debt.  However under NO CIRCUMSTANCES will the vehicle, parts, repair items or custom parts be released from the premises until monies owed are paid for in full and final settlement.

7.      The right is reserved to amend prices without prior notice to cover additional costs of any increases in materials, services, labour, tax or duty which we may incur between confirmation of order and delivery of the order. Wherever possible reasonable notice will be given.

8.      Clients with proven credit trading facilities will be invoiced after dispatch of goods on 7 days account settlement from date on invoice. GizFab operates a late payment penalty currently £0.75 per day backdated to date of invoice. Any extra costs or expenses incurred in recovering overdue accounts will be added to the account and recovered as part of the debt.

9.      Prospective buyers with no credit trading facilities will be required to make payment in full by either cash, BACS direct payment in our bank account which is HSBC Sort code: 40-42-05. Account No: 61396617. Account Name MR E J YOUNG or via PAYPAL. At our discretion credit trading facilities may be granted to such Limited companies after a credit report is obtained from Experian.

10.  Dimensions quoted are approximate and may vary by 5%+/-. For all bespoke goods, the buyer will accept and pay for any variation. All colours, materials, tolerances and the like seen by the buyer our brochure, website, descriptions or other samples are deemed to be approximate only unless otherwise agreed we might make reasonable variations in the manufacture of the goods.

11.  We shall not be liable for loss arising to the buyer from delay or failure arising from an act of God, war, civil disturbance, terrorist act, riot, industrial action or dispute, natural calamity, non-availability of materials, controls, restrictions or prohibitions of government or any other competent authority, fire, flood, sabotage, breakdown of plant or machinery or any other causes beyond our reasonable control.

12.  All lead times for delivery are approximate which you will be notified of upon confirmation of order.  Lead-times given will not include week-ends or any UK Bank Holidays.  Please be aware GizFab is a working shop and as such on top of booked in work I also get walk in trade.  If you require a product urgently please advise in writing at time of order and we will acknowledge a deadline date to suit.  Lead time for bespoke / custom work will be quoted for.  We reserve the right to dispatch orders in instalments and recover payment for each instalment delivered as if it were a separate order. In the case of goods dispatched by instalments, the buyer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery of any one instalment, as a repudiation of the whole contract. If on delivery there is a variation in quantity by up to 10% of the numbers ordered, it is agreed such a variation shall be so slight as to make it unreasonable for the buyer to reject the delivery.

13.  If the buyer fails to collect or give delivery instructions or take delivery within 10 working days of being notified the goods are ready for collection or dispatch we shall (without prejudice to any other rights or remedies available to us) be entitled, but not bound, to store the goods at any available place at the buyer’s expense and such expense will be added to the cost of the goods.

(a) The risk of loss or damage to the goods or caused by the goods passes to the buyer upon delivery to the carrier or leaving our premises (whichever is the sooner) but title in the goods will remain vested in GizFab and shall only pass from GizFab to the buyer upon full payment being made by the buyer of all sums due on whatsoever account or grounds to us by the buyer. In the event of the goods, whilst any such sums due as aforesaid, the buyer shall be the trustee for GizFab of the proceeds of such sale or to the claim for such proceeds and the buyer shall place such proceeds in a separate account. Nothing herein shall constitute the buyer our agent for the purpose of any sub-sale.

(b) The buyer agrees prior to the payment of all sums due to GizFab on any account, we may at any time enter the buyer’s premises and remove the goods there from and prior to such payment the buyer shall keep such goods separate and identifiable for this purpose. Once removed we may sell the goods to recover all sums due to us and we will return any balance to the buyer but we may pursue the buyer for any shortfalls as if it were a debt.

(c) In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub-condition (i) hereof we shall have the ownership and title to such reasonable proportion of the other products as if they were the goods and accordingly sub-condition (ii) and (iii) hereof shall so far as appropriate apply to such other products subject the buyer’s right to the surplus of any monies realised by the said goods over those due to us provided herein. (d) In the event of the goods, or any products they become commingled with, being attached to any land the buyer acknowledges they shall not thereby become fixtures and fittings and they may be removed.

14.  We and the courier must be informed in writing (i) within 5 working days of the buyer’s receipt of our invoice if the goods have not been delivered and (ii) immediately in the event of any deficiency or damage to the goods which was evident (or would have been had the buyer examined the goods) upon delivery, and in the case of the courier by noting such deficiency or damage on the consignment note. Otherwise within 3 working days of arrival of the goods giving full details of the loss or damage / failing which we will not be liable for any loss or damage to the goods during transit.

15.  Failure to make due payment in respect of deliveries or instalments under this or any other contract between the buyer and GizFab shall entitle us to delay, suspend or cancel any and all deliveries in whole or in part at our option.

16.  Unless notified in writing prior to dispatch the buyer will be liable to any additional charges arising from attempted deliveries during the normal working day if wrong delivery details are given, the postcode is incorrect, works are closed or we are unable to obtain a signature.

17.  PLEASE READ CAREFULLY. THIS CLAUSE IS IMPORTANT.

These clauses define the buyer’s rights in respect of loss or damage caused to the goods. The buyer is advised to read them carefully (the provisions of this clause do not affect the inalienable statutory rights of a consumer not acting in the course of business)

a) The buyer shall inspect the goods upon delivery. Goods signed for and then found to be in any way damaged, shall not be repaired, replaced or refunded and still be liable for payment in full. It is the responsibility of the buyer or his acting agent to inspect goods prior to signing received in good condition.

b) We will as regards goods manufactured by GizFab make good at our option by repair or replacement any defects therein due solely to defective workmanship or materials which are notified to us: In the case of any defect discoverable upon reasonable examination such a notification must be made within 10 working days from date of delivery, and in the case of any defect not discoverable upon reasonable examination such notification must be made within 10 working days from the date such defect is actually discoverable and in any event with 2 months of delivery provided that

(i) The aforesaid obligations on our part shall not extend to defects caused by the buyer or its employees or agents’ wilful damage, negligence, incorrect storage, application, movement or installation (other than by ourselves or agents) or defects caused by fair wear and tear and

(ii) We are given reasonable opportunity following the above notification of examining the relevant goods.

(c) GizFab will make good any item manufactured by GizFab which is found to be defective or needing modifying.  Under no circumstances will GizFab be liable or held accountable for any remedial modifications taken to a 3rd party.  Any warranties and guarantees will be null and void for such works not done by GizFab.

18.  Braces.  All braces are supplied with a limited 1 years warranty from receipt of delivery / collection date.  The warranty only covers fracture in any weld due to a manufacturing error.  Our products and manufacturing processes go through a harsh destructive test before being placed into production to ensure high quality.  Any fractures caused by impact or accidental damage are not covered.  GizFab braces are designed for ‘lowered vehicles’ up to 40mm, they are not suited for ‘slammed’ vehicles.  No paint or powder coating is covered under warranty.  Whilst we do our best to ensure a good quality finish, we cannot account for excessive corrosion due to traffic film – especially due to slated roads during the winter months.

19.  Exhausts. GizFab offer a lifetime (25 year) guarantee warranty on all their exhausts subject to a free, yearly maintenance check-up.  Warranty will be null and void if check-up if yearly check-up not maintained.  Lifetime warranty is limited to the original buyer / purchaser only and is not transferable if the vehicle is sold.

20.  We take no responsibility for the infringement of any patent or copyright or registered design or trademark of any third party in the execution of the buyer’s instructions and it is the buyer’s entire responsibility to obtain any necessary licences or permissions and the buyer hereby agrees to indemnify us against all claims, actions, proceedings, costs and losses out of such an infringement

21.  Proofs / drawings / visuals produced by GIZFAB are copyrighted. You are NOT permitted to have them reproduced or given to a third party without prior written consent as this infringes our rights which are protected by law and constitutes a breach of our legal rights and financial remuneration will be sought.  These can be supplied upon request after receipt of written confirmation of order. These are subject to TWO (2) amendments at no extra charge. Further amendments to the design and layout will be chargeable at £40p/h or a minimum flat fee of £30 per proof.  Visuals and full proofs can be supplied prior to order at £80 per proof which would be refundable in the event of a confirmed order.

22.  Permission to use images on our website is granted to GizFab unless we are notified in writing either prior to placing your order or within 60 days of you having received your order. By placing your order with GizFab you are deemed to have read and accepted these terms and conditions of business.

23.  GizFab, at our discretion, will be entitled to terminate all or any of our contracts with the buyer forthwith and recover all expenses, losses and damage resulting to us including (but without limitation to) loss of profit or other consequential loss if:

a) The buyer has a bankruptcy petition presented against him or a bankruptcy order is made,

b) The buyer makes or seeks to make any composition or arrangement with his creditors,

c) The buyer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986)

d) An encumbrancer takes possession of any of the buyer’s assets, or any of the buyer’s property is taken in execution or process of law.

e) A petition is presented or an order is made or a resolution is passed for the winding up of the buyer

f) A petition is presented or an order made for an administration order to be made in relation to the buyer

g) The buyer’s directors make a proposal for a voluntary arrangement with the buyer’s creditors

h) The buyer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986)

i) A receiver or an administrative receiver is appointed over any of the buyer’s assets

j) The buyer fails to make any payment owed to us on the due date

k) The buyer fails to take delivery of or collect the goods within fourteen days of being notified by us or our courier they are to be delivered or are ready to be collected, or

l) The buyer is in breach of the terms and conditions of any contract with us (including breach of these conditions) and shall fail to remedy the same within twenty-one days of notice specifying the breach and requiring remedy (if the breach shall be remediable)

 

24 CANCELLATION OF ORDERS.

(i)                 Bespoke Orders cancelled from placement of order and prior to the start of production will be charged a cancellation fee of £50.00 to cover admin and works involved.

(ii)               Orders cancelled after this time but BEFORE work has commenced will be charged 50% of the nett order value.

(iii)             Orders cancelled once work has commenced will be charged at full cost.

(iv) Stock Items. Can be cancelled prior to postage at no charge.

25.  Return of NON-BESPOKE / CUSTOM goods shall be at the buyers own expense.  Any refunds due will be less the postage charge unless in the case of damaged goods or at the discretion of GizFab.  Upon receipt of return, monies will be refunded within 5 working days.  We strongly suggest goods are returned via some recorded delivery means as we will not be held accountable for the loss of goods being returned.  If goods are being exchanged they must be returned in a saleable condition.  None re-saleable items will be charged for in full.  Return postage of exchanged items will be at the buyer’s expense.  Before ANY good are returned please email gizfab@aol.com

26.  Repairs. GizFab repair all our own work, when and where possible, free of charge.  Return postage of repaired goods is at the client’s expense and must be paid before repaired goods are returned.

27.  This contract is governed by English Law. Any dispute arising out of or in connection with this contract shall be determined by the English Courts.

28.  In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties.

29.  These Terms and Conditions of Sale supersede any other terms and conditions of business which have hitherto been operative (October 2016)

 

By placing your order with GizFab you are deemed to have read and accepted these terms and conditions of business.

 

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