1. DEFINITIONS
1.1 In these Terms and Conditions:
• “Company” means Burnhouse Engineering and Fabrication Limited.
• “Customer” means the person, firm, company or organisation purchasing goods or
services from the Company.
• “Goods” means any fabricated items, products, materials, components or equipment
supplied by the Company.
• “Services” means fabrication, installation, maintenance, repair, design, drawing,
engineering or associated works carried out by the Company.
• “Contract” means the agreement between the Company and the Customer
incorporating these Terms and Conditions.
• “Site” means any premises where the Services are to be performed.
• “Quotation” means any written quotation issued by the Company.
2. APPLICATION OF TERMS
2.1 These Terms and Conditions apply to all quotations, orders, contracts, supplies of Goods
and Services by the Company.
2.2 No terms or conditions submitted by the Customer shall apply unless expressly agreed in
writing by a director of the Company.
2.3 Any instruction to commence work, acceptance of a quotation, issue of a purchase order,
payment of a deposit, electronic acceptance, or written/email confirmation by the Customer
shall constitute acceptance of these Terms and Conditions.
2.4 Email acceptance shall only be binding where the Customer is an existing approved
account customer or where expressly accepted by the Company.
2.5 These Terms shall prevail over any conflicting terms contained within any Customer
purchase order or other documentation.
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3. QUOTATIONS
3.1 Quotations remain valid for thirty (30) days from and including the date of issue unless
otherwise stated.
3.2 Quotations are based upon:
• current labour rates;
• material prices;
• supplier costs;
• transport costs;
• and prevailing economic conditions.
3.3 The Company reserves the right to revise prices following acceptance where:
• commencement is delayed;
• raw material prices increase;
• supplier costs increase;
• exchange rates fluctuate materially;
• or the scope of works changes.
3.4 Quotations are based upon information supplied by the Customer and may be revised
where inaccurate or incomplete information has been provided.
3.5 Unless expressly stated otherwise, quotations exclude:
• VAT;
• statutory fees;
• permits;
• testing;
• certification;
• lifting equipment;
• specialist access equipment;
• utility connections;
• work by third parties.
3.6 All additional works, variations, modifications or delays shall be chargeable in addition to
the quoted price.
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4. PAYMENT TERMS
4.1 Credit facilities are strictly subject to prior written approval following satisfactory credit
checks.
4.2 Unless otherwise agreed in writing:
• deposits and/or pro-forma payment may be required before commencement;
• staged payments may be required depending upon project value and duration.
4.3 Approved credit account customers shall pay all invoices within thirty (30) days from invoice
date.
4.4 The Company reserves the right to:
• suspend work;
• withhold deliveries;
• refuse site attendance;
• or terminate the Contract
without liability where payment is overdue.
4.5 Interest shall accrue on overdue sums at a rate of 8% per annum above the Bank of England
base rate from the due date until payment in full.
4.6 The Customer shall indemnify the Company for all reasonable:
• legal costs;
• debt recovery costs;
• tracing fees;
• collection agency fees;
• and administrative costs
incurred recovering overdue sums.
4.7 Time for payment shall be of the essence.
4.8 No retention, set-off, counterclaim or deduction shall be permitted unless agreed in writing
by the Company.
5. RETENTION OF TITLE
5.1 Ownership of all Goods supplied shall remain vested in the Company until payment in full
has been received for:
• the Goods;
• Services;
• and all other sums due from the Customer.
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5.2 Until ownership passes:
• the Customer shall hold the Goods as bailee for the Company;
• keep the Goods insured;
• and store them separately where reasonably practicable.
5.3 The Company may enter any premises to recover unpaid Goods.
5.4 Risk in the Goods shall pass upon delivery, collection, installation or attempted delivery.
6. DELIVERY AND COMPLETION
6.1 Any delivery or completion dates are estimates only.
6.2 The Company shall not be liable for:
• delays;
• liquidated damages;
• consequential losses;
• or project overruns
arising from circumstances beyond its reasonable control.
6.3 The Company may deliver Goods in instalments.
6.4 The Company reserves the right to charge for:
• aborted visits;
• waiting time;
• storage;
• re-delivery;
• crane standby;
• access delays;
• or customer-caused downtime.
6.5 Where collection or delivery is delayed by the Customer:
• risk shall transfer immediately;
• and storage charges may apply.
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7. CUSTOMER RESPONSIBILITIES
7.1 The Customer shall:
• provide safe access;
• ensure the Site complies with health and safety legislation;
• provide utilities where required;
• obtain necessary permissions;
• and ensure the working environment is suitable.
7.2 The Company may suspend work where:
• unsafe conditions exist;
• asbestos or contamination is discovered;
• access is restricted;
• or Site conditions materially differ from those anticipated.
7.3 Any delays or additional costs arising from Site conditions or Customer actions shall be
chargeable.
8. DRAWINGS, DESIGN AND APPROVALS
8.1 All drawings, designs and technical information supplied by the Company remain the
intellectual property of the Company.
8.2 Fabrication drawings, CNC files, CAD models, tooling, jigs and manufacturing methods
shall remain confidential and shall not be reproduced or distributed without written consent.
8.3 The Customer shall be responsible for the accuracy of all information, drawings,
dimensions and specifications supplied by them.
8.4 The Company accepts no liability for errors arising from Customer-supplied information.
8.5 Unless otherwise agreed in writing:
• two drawing revisions are included;
• additional revisions shall be chargeable.
8.6 Manufacture shall not commence until written approval of drawings is received where
approval is required by the Company.
8.7 Delays in approvals shall entitle the Company to revise delivery dates and costs.
9. SUBCONTRACTING
9.1 The Company reserves the right to subcontract any part of the works.
9.2 Specialist calculations, certifications or testing may be undertaken by third parties.
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10. WARRANTIES
10.1 Subject to full payment being received, the Company warrants workmanship for a period
of twelve (12) months from completion.
10.2 Manufacturer warranties are passed through only to the extent provided by the original
manufacturer.
10.3 The warranty excludes:
• fair wear and tear;
• corrosion;
• misuse;
• accidental damage;
• lack of maintenance;
• unauthorised modifications;
• Customer-supplied materials;
• or operation outside intended use.
10.4 Any remedial works undertaken by third parties without prior written consent shall
invalidate warranty claims.
10.5 The Company shall not be liable for defects arising from Customer specifications or
designs.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms excludes liability for:
• death or personal injury caused by negligence;
• fraud;
• or any liability which cannot legally be excluded.
11.2 Subject to Clause 11.1:
• the Company’s total aggregate liability shall not exceed the contract value of the
relevant works.
11.3 The Company shall not be liable for:
• indirect losses;
• consequential losses;
• loss of profits;
• loss of production;
• loss of business;
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• downtime;
• loss of contracts;
• or economic losses.
11.4 The Company shall not be liable for:
• Customer-supplied materials;
• Customer designs;
• structural calculations by third parties;
• or misuse of supplied Goods.
11.5 The Customer shall indemnify the Company against claims arising from Customer-
supplied specifications, designs or instructions.
12. FORCE MAJEURE
12.1 The Company shall not be liable for failure or delay arising from circumstances beyond its
reasonable control including:
• pandemics;
• labour shortages;
• transport disruption;
• material shortages;
• supplier failures;
• utility failures;
• severe weather;
• industrial disputes;
• government restrictions;
• or acts of God.
12.2 The Company may revise delivery dates and pricing where such events occur.
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13. CANCELLATION
13.1 Orders may not be cancelled without written agreement.
13.2 The Customer shall indemnify the Company for:
• all work completed;
• materials ordered;
• design time;
• administrative costs;
• and loss incurred
up to the cancellation date.
14. INTELLECTUAL PROPERTY
14.1 All intellectual property created by the Company remains vested in the Company.
14.2 No licence or ownership rights are transferred unless expressly agreed in writing.
14.3 The Customer shall not reproduce or share Company drawings or designs with third
parties without consent.
15. MARKETING
15.1 Unless subject to confidentiality obligations, the Company may:
• photograph works;
• and use images for marketing, portfolio or promotional purposes.
16. CLAIMS
16.1 Any visible defects, shortages or damage must be notified promptly in writing.
16.2 The Customer shall provide the Company reasonable opportunity to inspect alleged
defects before remedial works are undertaken.
16.3 Failure to notify defects within a reasonable period may invalidate claims.
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17. INSURANCE AND RISK
17.1 Risk transfers to the Customer upon:
• delivery;
• collection;
• installation;
• or attempted delivery.
17.2 The Customer shall insure Goods from the point risk transfers.
17.3 Customer-owned property and materials remain entirely at the Customer’s risk.
18. CONSUMER CUSTOMERS
18.1 Where the Customer is acting as a consumer, nothing within these Terms shall affect
statutory rights under applicable consumer legislation.
18.2 Any clauses deemed unenforceable against consumers shall apply only to the maximum
extent permitted by law.
19. GOVERNING LAW
19.1 These Terms and any Contract shall be governed exclusively by Scots Law.
19.2 The Scottish Courts shall have exclusive jurisdiction.
20. ENTIRE AGREEMENT
20.1 These Terms constitute the full agreement between the parties.
20.2 No verbal representations or prior discussions shall form part of the Contract unless
confirmed in writing by the Company.