Terms And Conditions

1) DEFINITIONS

In these Conditions:

  • "The Company" means Fix and Weld Ltd.
  • "The Customer" means the individual, firm, or corporation contracting with the Company for the purchase of goods.
  • "The Goods" means the products or materials supplied by the Company.
  • "The Contract" means the contract for the sale of Goods incorporating these Terms and Conditions.

2) GENERAL

(a) Any quotation or estimate given by the Company is an invitation to the Customer to place an order and thereby make an offer open to acceptance by the Company. No order placed in response to, or any other acceptance of, a quotation or estimate shall give rise to a contract binding upon the Company.

(b) These conditions are the only conditions upon which the Company transacts business and shall be incorporated in the Contract to the exclusion of all other terms and conditions including any terms and conditions specified or referred to in any order placed by the Customer. Any reference in any document forming part of or evidencing the Contract (including any order, drawing, specification or similar document or documents to the same effect) to any terms or conditions of purchase or business of the Customer shall not have the effect of incorporating any such terms or conditions in the Contract.

(c) No variation of these Conditions shall have effect unless it is agreed to by the Company in a document signed by a director of the Company issued to the Customer.

3) PRICES

(a) All prices are exclusive of VAT which will be charged at the applicable rate.

(b) The price charged will be that ruling at the date of despatch. Prices stated in any quotation, estimate, acceptance of order or other document prior to despatch are not binding on the Company.

(c) For UK deliveries, carriage is included if the order exceeds £100. For international deliveries, the price is F.O.B. English port if the order exceeds £300. Orders under these thresholds are ex-works and subject to delivery charges. Orders below £10 will be charged at £10. Delivery charges for website orders are displayed at checkout.

 

4) PACKING

(a) If the quantity ordered is below the normal carton quantity, the Company may supply a full carton at current pricing. The Customer must accept the full carton and is not entitled to return or claim credit for the difference.

(b) Pallets are supplied free of charge, but the Company encourages returns where deliveries are made via Company transport. The Company does not despatch Goods in the Customer’s own containers and is not responsible for any damage or loss to such items.

5) PASSING OF RISK

(a) Risk passes to the Customer upon unloading if delivered by the Company's transport.

(b) In other cases, risk passes once loaded onto the delivery vehicle (whether the Customer’s or a third party’s).

6) INSPECTION

The Customer must inspect the Goods upon arrival and notify the Company in writing of:

  • Any quantity or item discrepancies.
  • Damage in transit.
  • Incorrect Goods received.

Notification must be made within 3 working days of receipt. Non-delivery must be reported within 10 working days from the date of the Delivery Note.

7) CANCELLATION OF ORDERS

Orders may not be cancelled without the Customer reimbursing the Company for all costs incurred (including tooling and raw materials) up to the date of written cancellation.

8) PAYMENT

Payment is due no later than the last day of the month following the month of despatch, unless otherwise agreed in writing.

Late payments accrue interest at 5% above Barclay’s Bank Plc base rate or 10% per annum, whichever is higher. The Company may suspend deliveries or performance under other contracts in the event of non-payment.

No set-off is permitted against amounts due.

 

9) TITLE TO GOODS

(a) Title remains with the Company until all sums owed by the Customer are fully paid.

(b) Until title passes:

  • The Company may repossess the Goods.
  • Goods must be stored separately and clearly marked as Company property.
  • The Company may inspect the Goods with reasonable notice.
  • These rights are in addition to other legal remedies.

10) PERFORMANCE

(a) Failure to meet delivery dates does not constitute breach of contract.

(b) If performance is delayed due to events beyond the Company’s control (e.g. strikes, fires, shortages), the Company may suspend performance. If the delay exceeds 6 weeks, the Customer may cancel the Contract, but the Company remains entitled to recover costs incurred up to cancellation.

11) GUARANTEE

(a) If Goods are made to Customer’s specifications, the Company is not liable if they prove unsuitable.

(b) If Goods are proven to be unmerchantable (as per the Sale of Goods Act 1979), the Company will offer a refund or replacement, provided the Customer notifies the Company within 14 days of discovery and within 3 months of despatch.

(c) The Company is not liable for:

  • Defects discovered later.
  • Unsuitability for Customer’s use.
  • Consequential losses.
  • Acts or omissions by the Company or its agents.

(d) This does not affect liability for:

  • Death or personal injury caused by negligence.
  • Conditions implied by Section 12 of the Sale of Goods Act 1979.
  • Any express written contractual terms.
  • Deterioration due to Customer’s improper storage.

(e) Certificates of conformity do not extend liability.

 

12) TOOLING

Tooling remains the property of the Company even if the Customer contributes to the cost, unless otherwise agreed in writing.

13) BREACH OR INSOLVENCY

If the Customer breaches the Contract or becomes insolvent, the Company may suspend or terminate the Contract and recover all outstanding payments and expenses incurred.

14) WAIVER

Failure by the Company to enforce any right shall not constitute a waiver.

15) DATA PROTECTION

The Customer agrees that personal data may be shared with credit agencies, insurers, and other third parties for credit risk assessment, insurance, or related purposes.

16) LAW

The Contract shall be governed by English law and subject to the exclusive jurisdiction of the English courts.

17) WEBSITE TERMS OF USE

By using our website, you agree to our terms, which include:

  • Website content is for general use and subject to change.
  • No warranty is given as to accuracy or fitness for purpose.
  • Use of content is at your own risk.
  • Content may not be reproduced without permission.
  • Unauthorised use may result in legal action.
  • External links do not imply endorsement.
  • No website linking without written consent.
  • Use is subject to UK law.

18) PRIVACY POLICY

Fix and Weld Ltd is committed to protecting your privacy.

  • We may collect name, contact info, demographic and preference data.
  • Data is used for order fulfilment, marketing, and internal purposes.
  • Security measures are in place to protect data.
  • Policy is subject to updates and was last effective from 1st April 2025.

19) COOKIE POLICY

  • Cookies improve user experience and help us analyse website traffic.
  • You can choose to accept or decline cookies.
  • Declining cookies may impact functionality.

20) WEBSITE DISCLAIMER

  • Information is provided "as is".
  • We are not liable for inaccuracies or website unavailability.
  • We do not endorse linked external websites.

21) COPYRIGHT NOTICE

© Fix and Weld Ltd 2025. All rights reserved.

  • Content may be downloaded for personal use only.
  • Commercial use or redistribution is prohibited without permission.

Contact Information:
Fix and Weld Ltd
Unit 5, Ebley Industrial Estate,

Ebley

Stroud,

Gloucestershire

GL5 4SP

Tel No: 01453 756393

Email: [email protected]