Steelo is a structural steel fabricator and installer.  Unless expressly agreed by Steelo in writing, Steelo does not provide   structural engineering services, design services, design calculations or engineering certification.   Steelo may, where agreed,  assist with drawings or proposed connection details to enable the Products to be manufactured or installed, but  Steelo’s assistance does not constitute structural design or approval.

IN ALL CIRCUMSTANCES, BUYER IS RESPONSIBLE FOR THE DESIGN, STRUCTURAL CALCULATIONS, CONNECTION DESIGN AND SUITABILITY OF THE CONNECTIONS BETWEEN THE STEEL ELEMENTS AND/OR THE STEEL AND THE EXISTING STRUCTURE.

  1. GENERAL

    • In these Conditions:
      “Buyer” means the buyer indicated on the Quote; “Buyer’s Agent” means the foreman, site manager, project manager, structural engineer or any representative working on Buyer’s behalf; “Buyer’s Specifications” means information or drawings received from Buyer or Buyer’s Agent including all structural calculations, Connection Details, specifications, drawings, design information and any other information necessary for the design, manufacture, supply and installation of the Products; “Connection Details” means the drawings, specifications, calculations and information showing how structural steel elements are connected to each other and/or to existing structures, including any bolts, welds, plates, brackets, fixings, bearings, supports or other connection components. “Contract” means any contract between Buyer and Steelo for the sale and purchase of Products incorporating these Conditions; “Drawings for Confirmation” means the package of 3D drawings, view drawings, layouts and connection details, showing distances between beams, columns, and Connection Details; “Fabrication Drawing” means the detailed drawing of the Products that are prepared for and used for purposes of fabricating, manufacturing, supplying and installing the Products, including 3D drawings, assembly drawings for each welded element, beam shaft drawings and individual plates drawings as appropriate; “Fee” means the fee due for the Products and Services; “Products” means Steel Products together with any fixings, drawings and other items identified on the Quote or otherwise agreed by Steelo and Buyer; “Quote” means a quote for Products including Steel Products; “Services” means any services provided by Steelo or a Subcontractor in relation to the Steel Products, including a Site Survey, and delivery, lifting, offloading and installing Products as identified on the Quote or otherwise agreed by Steelo and Buyer; “Site” means the site for delivery or installation of the Products identified on the Quote or otherwise agreed by Steelo and Buyer; “Site Readiness Schedule” means the schedule available here,
      setting out Buyer’s obligations to make the Site ready for Steelo to provide the Services. “Site Survey” means any inspection, visit, assessment, measurement or review carried out by Steelo or Steelo Representatives at the Site in connection with the Products or Services. “Steel Products” means steel products to be supplied by Steelo; “Steelo” means Steelo Limited a company incorporated under the laws of England and Wales with registered number 06991532 whose registered office is at Unit 9 Fairway Trading Estate, Green Lane Hounslow TW4 6BU; “Steelo’s Representative” means the individual attending the Site representing Steelo at any time; “Subcontractor” means a third party engaged by Steelo to provide all or part of the Services; “TBC Project” means a to be confirmed project for certain Products and Services where Steelo prepares the Drawings for Confirmation, and the delivery date is not confirmed; and “Working Day” means any day other than a Saturday, Sunday or public holiday in England.
    • These Conditions, together with the Site Readiness Schedule, supersede all prior representations or arrangements and contain the entire agreement between the parties in connection with the Products. All other terms and conditions, express or implied, are excluded. None of Steelo’s employees or agents has authority to modify or supplement these Conditions.
    • Words in the singular include the plural and, in the plural, include the singular.
    • A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
  2. ORDER PROCESS

    • Steelo issues a Quote for Steel Products, and for certain other Products at Steelo’s sole determination. For all Products where Steelo does not issue a Quote, and for all Services, the parties will agree the requirements and the Fee by email. The parties agree that a Quote may also be updated and/or added to by agreement of the parties.
    • A Quote is valid for the duration noted on it and is subject to these Conditions. Buyer acknowledges and agrees that for certain Services, Steelo will need to visit the Site in order to provide or update a Quote.
    • Unless otherwise agreed in writing by Steelo, a legally binding contract between Buyer and Steelo shall come into existence only if Steelo receives the full Fee or the first instalment of the Fee while the Quote remains valid. THE CONTRACT CANNOT BE CANCELLED BY BUYER AND NO REFUND CAN BE CLAIMED AFTER PAYMENT HAS BEEN RECEIVED EXCEPT IN ACCORDANCE WITH THESE CONDITIONS.
    • After Buyer has paid the Fee in full and the Products have been delivered, collected or installed as the case may be, Steelo will on request provide a copy of any Fabrication Drawings at no additional fee for use by Buyer in obtaining appropriate certifications for its works.
    • Buyer shall ensure that a suitably qualified structural engineer is appointed where required. Steelo may, upon request, provide the contact details of independent third-party structural engineers for Buyer’s convenience. Buyer shall be solely responsible for appointing and engaging any structural engineer and for all fees, costs and obligations arising from such appointment.   Steelo shall have no responsibility or liability for any calculations, designs, specifications, certifications, approvals, advice or other services provided by any third-party structural engineer, whether recommended by Steelo or otherwise.
    • If Buyer fails to provide instructions, approvals, information, access or cooperation and/or otherwise fails to proceed with the Contract for any reason, then Steelo may treat such failure as a breach of contract. Without prejudice to any other rights or remedies available to it, Steelo shall be entitled to recover all reasonable costs, expenses and losses incurred as a result, including but not limited to administration time, estimating time, site survey costs, drawing or modelling time, design coordination, project management time, production planning, materials ordered, steel purchased, cutting, fabrication, supplier costs, subcontractor costs, transport costs, storage costs, and loss of production capacity. Such sums shall be payable immediately on demand.
  3. DESCRIPTION

    • The specification for the Products shall be as agreed between the parties either by email, in a Quote or in the approved Drawings for Confirmation.
    • All samples, descriptive matter and advertising issued by Steelo and any descriptions or illustrations contained in Steelo’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of these Conditions, and this is not a sale by sample.
  4. BUYER’S SPECIFICATIONS

    • Except in respect of a TBC Project, Steelo supplies the Products and Services based on the Buyer’s Specifications. Buyer shall ensure that the Buyer’s Specifications include all necessary information required by Steelo including dimensions, Connection Details and steel section requirements. Buyer warrants that the Buyer’s Specifications are complete, accurate and suitable for the intended purpose and acknowledges that Steelo relies on the Buyer’s Specifications to manufacture the Products and provide the Services.
    • If the Buyer’s Specification do not include sufficient information, Steelo may prepare Connection Details to facilitate the fabrication and manufacture of the Products. Connection Details shall be based upon Steelo’s standard fabrication practices, experience and manufacturing requirements only and do not constitute structural design, engineering advice, structural calculations, certification or confirmation of legality, adequacy or suitability. For the avoidance of doubt, Steelo’s preparation of Connection Details is solely for fabrication and installation purposes and does not constitute structural design or confirmation that the connection is structurally adequate. The Buyer remains solely responsible for the structural design, adequacy, performance and compliance of the Products and any connections.
    • Buyer shall or shall procure that the Buyer’s Agent shall review, verify and approve all drawings, Connection Details and fabrication information provided by Steelo before manufacture. Approval may be by email.  Approval by Buyer or Buyer’s Agent shall constitute confirmation by Buyer that the Products, Connection Details and fabrication information are suitable for the intended application and comply with all structural, statutory and project-specific requirements. Steelo relies on such approval to fabricate the Products and provide the Services.
    • For a TBC Project, Steelo prepares Drawings for Confirmation, and it is Buyer’s responsibility to check the Drawings for Confirmation carefully and notify Steelo of any changes required. Once the Buyer approves the Drawings for Confirmation, Buyer assumes all responsibility for the Drawings for Confirmation, including that the Drawings for Confirmation meet Buyer’s requirements and are suitable for Buyer’s intended needs.
    • Unless expressly agreed in writing as part of a TBC Project, Steelo does not accept design responsibility in relation to the Products or the Project. The Buyer remains solely responsible for all design, calculations, specifications, connection design, compliance with applicable laws, regulations and standards, and the suitability of the Products for their intended purpose.
  5. FEE

    • The Fee is exclusive of VAT. All sums due to Steelo shall be paid to the address/account in accordance with the timetable stated on the Quote, invoice or proforma. No sums shall be paid directly to a Subcontractor.
    • Steelo shall be under no obligation to make available, deliver, unload or install the Products unless and until payment of the total Fee has been received in full and cleared funds, unless alternative arrangements have been agreed for credit accounts.
    • Steelo may at any time after the acceptance of an order, but prior to delivery, revise the Fee payable for the Products and/or Services to take account of increases in costs including, without limitation, costs of any goods or materials, carriage, labour or overheads, the increase or imposition of any tax duty or other levy and/or the increase of any costs of a Subcontractor.
    • If a refund is due to Buyer, Steelo shall pay the refund using the original payment method. In particular, if the payment was received by BACS, the refund will be issued only to the account details and account name used to pay the Fee.
  6. DELIVERY, COLLECTION, LIFTING

    • Dates for the provision of Services set out in a Quote or otherwise requested by Buyer or given by Steelo are given or accepted by Steelo in good faith. For TBC Projects, Steelo will confirm the estimated delivery or collection date after Buyer has given its approval under Condition 2. Once a date has been confirmed, Buyer must give Steelo at least one (1) Working Day’s notice to change the date.
    • Steelo may deliver or make available for collection Products by instalments. Each instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
    • If Buyer has requested to collect the Products, Buyer shall do so from Steelo’s venue during Steelo’s normal business hours. Buyer must contact Steelo to check if the Products are ready for collection. Delivery shall be effective when the Products are made available to Buyer. Buyer must ensure adequate vehicle, manpower and strapping and other relevant resources are present properly, safely and securely to effect collection of the Products.
    • If Buyer does not collect the Products within 7 (seven) days after the agreed collection date, Buyer shall be responsible for all storage costs, and other costs incurred by Steelo as a result of Buyer’s failure to collect the Products and notwithstanding the provisions of Condition 6(a) Buyer agrees that Steelo may dispose of Products (without refund or prior notice to Buyer). Buyer acknowledges and agrees that the nature of the Products means that injury to person and damage to property is a risk, Steelo has no responsibility to assist Buyer with loading the Products onto Buyer’s designated vehicle and so if Buyer requests Steelo to do so, Steelo shall not be liable for any loss of or damage to property or vehicles sustained as a result. In addition, Buyer shall be liable for all damage to Steelo’s property as a result of its collection of the Products.
    • Delivery shall be made to the Site specified on the Quote. Buyer must ensure that the Site complies with the Site Readiness Schedule. Buyer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the Site. The Steelo Representative will wait a maximum of 15 (fifteen) minutes at the Site for the start of offloading (whether by Buyer, Steelo or a Subcontractor), after this time additional charges may apply.
    • Where the Services are cancelled, suspended, delayed, aborted, made more difficult or rearranged due to a failure to comply with the Site Readiness Schedule or any matter within Buyer’s responsibility, the Fee shall be subject to revision and Steelo shall be entitled to rely on the provisions of Condition 2(f).
    • Buyer shall be responsible for all reasonable additional costs, losses and expenses incurred by Steelo as a result, including but not limited to labour, waiting time, transport, re-delivery, return transport, storage, plant, crane hire, lifting equipment, subcontractor costs, parking charges, permits, aborted visit charges, re-attendance costs and administration costs.
    • Steelo shall not be responsible for any delay, loss, disruption, programme impact or additional cost arising from the Site not being ready, safe, accessible or suitable, or from any matter within Buyer’s responsibility.
    • Any revised price or additional charges shall be calculated by reference to the additional time, resources, labour, plant, equipment and costs reasonably incurred by Steelo. Steelo may require payment of such additional charges before arranging a new delivery, lifting or installation date.
    • If Steelo is able to deliver or offload the Products but installation cannot proceed due to a Site readiness issue or any matter within Buyer’s responsibility, Steelo may offload the Products at the Site or at another suitable location agreed or reasonably determined by Steelo. In those circumstances, the installation element of the price shall not be refundable where Steelo has attended and allocated labour, vehicles, equipment, plant or subcontractors for the installation. Any further attendance to complete installation shall be subject to availability and additional charge.
    • If offloading is not possible due to a Site readiness issue, lack of access, lack of parking, unsafe conditions or any other matter within Buyer’s responsibility, Buyer shall be responsible for storage costs, additional delivery costs, return transport costs and all other reasonable costs incurred by Steelo.
    • Products shall be delivered by van, unless the Products are more than 6.2m in length and /or 350 kg in weight; or Buyer otherwise requests lifting. Buyer shall make available sufficient people for manual offloading at the Site, including a Buyer’s Agent to confirm delivery. Steelo recommends at least one person per 25kg of Products.
    • If lifting is required, Buyer must notify Steelo at least 3 (three) Working Days before the confirmed delivery date. There are restrictions on lifting:
      1. Lifting will not be possible if there are any restrictions at the Site including but not limited to parking restrictions, bus lines, trees, or electricity cables or where the Site is too far from the parking location.
      2. Lifting will not be possible when the Products need to be lifted over vehicles or building structures.
      3. Lifting does not include structure installation and/or lifting, and beams’ positioning is solely dependent on Steelo’s Representative.
      4. It is Steelo’s Representative who makes a final decision if the lifting can be carried out at the Site.
      5. Lifting Products does not include installing the Products, although Buyer may also purchase installation Services in which case Condition 7 shall apply in addition to this Condition 6.
    • If Products are delivered, Steelo’s Representative is not required to assist in offloading. If Steelo does agree to assist in offloading, Buyer shall comply with all instructions of Steelo to unload the Products. Steelo is not responsible for any damages or injuries suffered by Buyer during collection or delivery.
  7. INSTALLATION

    • Buyer acknowledges that steel installation is carried out on active construction sites and involves the delivery, movement, lifting and manoeuvring of large and heavy steel components. Steelo will take reasonable care when carrying out the installation.
    • Buyer is responsible for identifying, protecting, removing, rerouting, isolating or clearly notifying Steelo of any vulnerable, hidden, exposed, fragile, defective or obstructing services, cables, pipework, utilities, finishes, fixtures, fittings, structures, materials or other items before Steelo attends Site.
    • Steelo shall not be liable for damage to existing Site conditions, structures, finishes, services, cables, pipework, utilities, fixtures, fittings, materials or other items to the extent that such damage is caused by or arises from:
      1. Buyer’s failure to comply with the Site Readiness Schedule;
      2. Buyer’s failure to remove, protect, isolate, identify or notify Steelo of vulnerable, hidden, fragile or obstructing items;
      3. hidden, fragile, defective, inadequately supported or unsuitable existing structures or finishes;
      4. restricted access routes, insufficient working space or unsuitable working conditions;
      5. the inherent risks of moving, lifting or installing large steel components in the Site conditions made available by Buyer; or
      6. any other Site condition outside Steelo’s reasonable control.
    • Steelo shall be entitled to rely on photographs, videos, delivery records, installation records, site attendance records, operative reports, vehicle tracking records and subcontractor records as evidence of Site condition, access, delay, obstruction, aborted attendance, additional works or any other relevant matter arising under this Condition 7.
    • For the avoidance of doubt, Buyer shall comply with all applicable provisions of Condition 6, in particular the Site Readiness Schedule. If Steelo cannot install the Products because of a failure by Buyer to comply with these Conditions including a failure to ensure that the Site is ready for installation, then for the avoidance of doubt, it is Buyer’s responsibility to carry out appropriate works. Steelo is under no obligation to wait while those works take place. If possible, Steelo shall offload the Products at the Site without installation, and no refund shall be due for any installation fee paid. If it is not possible to offload the Products at the Site, Buyer shall be responsible for all storage costs, additional delivery costs and other costs incurred by Steelo.
    • Buyer acknowledges and agrees that Steelo may engage Subcontractors to carry out certain Services at Steelo’s sole determination. Steelo is not responsible for the acts or omissions of the Subcontractor and shall have no liability for any damage to the Products, damage to the Site and/or personal injury or death caused by the Subcontractor. However, Steelo will assist Buyer in taking any action against the Subcontractor by providing all appropriate information and permitting Buyer to bring a claim for breach of contract as a third party beneficiary under the contract in place between Steelo and the Subcontractor.
  8. SITE SURVEY

    • Where Steelo attends the Site to carry out a Site Survey, the purpose of the survey is to check visible and accessible conditions relevant to the Products and/or Services including but not limited to dimensions, access, parking, delivery, lifting, offloading, installation requirements. A Site Survey is not a structural survey, structural design service, engineering inspection, safety inspection, site investigation, and/or confirmation that the existing structure or Site is suitable for the Products and/or Services.
    • Buyer shall ensure that safe and reasonable access to the Site is available at the agreed survey time. If required by Steelo, Buyer or Buyer’s Agent shall be present and shall provide access, drawings, specifications, structural information, site information and any other project details required.
    • Buyer shall notify Steelo before the Site Survey of any hazards, restricted areas, unsafe conditions, access limitations, parking issues, site rules, induction requirements, permit requirements, PPE requirements, concealed services, obstructions, or any other matter which may affect the survey.
    • Any measurements, photographs, notes or observations taken by Steelo are based only on the visible and accessible conditions at the Site at the time of the Site Survey. Steelo shall be entitled to rely on all drawings, specifications, dimensions and information provided by Buyer or Buyer’s Agent.
    • Steelo shall not be liable for any loss, delay, additional cost, defect, rework, damage or other issue arising from inaccurate, incomplete or misleading information provided by Buyer or Buyer’s Agent, hidden or inaccessible conditions, concealed services, obstructions, or any changes made to the Site after the Site Survey.
    • If Steelo cannot complete the Site Survey due to lack of access, unsafe conditions, the Site not being ready, missing information, or any other matter outside Steelo’s reasonable control, Steelo may charge Buyer for any wasted time, costs incurred and any further attendance required.
    • If Buyer cancels, postpones or reschedules a Site Survey with less than 48 hours’ notice, Steelo may recover any costs incurred.
  9. DEFECTIVE PRODUCTS

    • Buyer shall inspect the Products immediately on receipt and Buyer shall be deemed to have accepted the Products as being in conformity with the Contract unless written notice of rejection on the basis of non-conformity with the Contract is received in writing by Steelo within 2 (two) days of the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 2 (two) days after discovery of the defect or failure.
    • If, after a valid notice of rejection has been given to Steelo in accordance with these Conditions, the conduct of Buyer is inconsistent with such rejection, Buyer shall be deemed to have accepted them.
    • If it is shown to Steelo’s reasonable satisfaction that the Products fail materially to comply with the Contract, Steelo will either refabricate the Products, refund the purchase price (less the cost of the steel) or replace the Products within a reasonable time, free of charge. SUCH REFABRICATION, REFUND OR REPLACEMENT SHALL BE DETERMINED BY STEELO AT ITS SOLE DISCRETION AND SHALL BE STEELO’S SOLE LIABILITY IN RELATION TO ANY SUCH FAILURE.Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by Steelo and where Steelo agrees to replace or refabricate the Products, the defective Product shall be made available for collection by Steelo. Replacement or refabricated Products provided by Steelo are covered by these Conditions.
    • Steelo does not exclude any liability which cannot be excluded as between Buyer and Steelo under any provision of English law.
  10. FORCE MAJEURE

    • Steelo shall not be liable for any failure to comply with the Contract related to any circumstances whatever (whether or not involving Steelo’s negligence) which are beyond Steelo’s reasonable control and which prevent or restrict Steelo from complying with the Contract.
    • Steelo may where reasonable in all the circumstances (whether or not involving Steelo’s negligence) without liability suspend or terminate (in whole or in part) its obligations under the Contract, if Steelo’s ability to manufacture, supply, deliver or acquire materials for the production of the Products by Steelo’s normal means is materially impaired.
  11. TERMINATION AND SUSPENSION

    • Steelo may (without prejudice to its other rights or remedies) terminate or suspend Steelo’s performance of the whole or any outstanding part of the Contract if:
      1. Buyer breaches any term of any Contract with Steelo including a failure to pay sums due by the due date; or
      2. Buyer becomes bankrupt or insolvent or if a receiver or encumbrancer takes possession of any material part of Buyer’s assets; or
      3. Steelo has reasonable grounds for suspecting that an event in paragraph (ii) above will occur, or
      4. that Buyer will not pay sums due by the due date.
  12. RISK AND TITLE

    • Risk in the Products shall pass to Buyer upon delivery as delivery is determined in accordance with these Conditions.
    • All Products remain the property of the Steelo until payment in full is received.
  13. INTELLECTUAL PROPERTY

    • Buyer acknowledges that all copyright, design rights, trademarks, trade names and any other intellectual property rights of a similar nature (whether or not registered) in the Drawings for Confirmation prepared by Steelo and in the Products belong to Steelo.
    • Buyer shall not assist or enable a third party to, copy or use any designs or remove any copyright notices from the Quote, the Connection Details, or the Drawings for Confirmation.
    • All rights in notes, photographs, measurements and other information prepared by Steelo in carrying out the Site Survey remain the property of Steelo. Steelo may use such information for the purpose of preparing or updating a Quote, manufacturing the Products, providing the Services and/or delivering the project. Steelo may share relevant survey information with its employees, agents, suppliers or Subcontractors where reasonably required.
  14. LIMITATION OF LIABILITY, INDEMNITY

    • WITHOUT PREJUDICE TO ANY OTHER LIMITATION OF STEELO’S LIABILITY (WHETHER EFFECTIVE OR NOT):
      1. IN NO CIRCUMSTANCES WHATEVER SHALL STEELO BE LIABLE IN CONNECTION WITH THE PRODUCTS, SERVICES OR THE CONTRACT WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE, AND IRRESPECTIVE OF ANY NEGLIGENCE OR OTHER ACT, DEFAULT OR OMISSION OF STEELO OR ITS EMPLOYEES OR AGENTS OR SUBCONTRACTORS, FOR ANY LOSS OF GOODWILL, BUSINESS OR ANTICIPATED SAVINGS, WASTED EXPENDITURE, LOSS OF PROFITS OR USE, OR ANY THIRD PARTY CLAIMS, OR INDIRECT OR CONSEQUENTIAL LOSSES WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
      2. STEELO’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH THE PRODUCTS, SERVICES OR THE CONTRACT (IN CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT RELATED TO ANY NEGLIGENCE OR OTHER ACT, DEFAULT OR OMISSION OF STEELO OR ITS EMPLOYEES OR AGENTS), IS LIMITED TO THE INVOICE PRICE FOR THE PRODUCTS OR SERVICES CONCERNED EX VAT AND EXCLUDING THE THEN MARKET VALUE OF THE STEEL.
    • ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW (SAVE FOR THE CONDITIONS IMPLIED BY S.12 SALE OF GOODS ACT 1979) ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE CONTRACT.
    • NO ACTION MAY BE BROUGHT AGAINST STEELO IN CONNECTION WITH THE PRODUCTS, SERVICES OR THE CONTRACT UNLESS PROCEEDINGS ARE ISSUED AGAINST STEELO WITHIN TWO YEARS AFTER BUYER BECAME OR OUGHT TO HAVE BECOME AWARE OF THE CIRCUMSTANCES GIVING RISE THERETO.
    • THIS CONDITION 14 APPLIES NOTWITHSTANDING ANY FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM OF THE CONTRACT BY STEELO.
    • NOTHING IN THESE CONDITIONS EXCLUDES OR LIMITS THE LIABILITY OF STEELO FOR DEATH OR PERSONAL INJURY CAUSED BY STEELO’S NEGLIGENCE, OR FRAUDULENT MISREPRESENTATION.
    • Steelo acts solely as a steel fabricator and installer. Unless expressly agreed in writing, Steelo does not provide structural engineering services, structural design, engineering calculations, design verification or certification. Accordingly, Steelo shall not be liable for any loss, damage, delay, defect, remedial works, structural failure, property damage, economic loss, personal injury, consequential loss or other claim arising directly or indirectly from:
      1. the absence of structural calculations, Connection Details or design information from Buyer;
      2. the use of Connection Details prepared by Steelo where the original structural design information has not been supplied by Buyer;
      3. any error or omission in Drawings for Confirmation approved by Buyer;
      4. use of the Buyer’s Specifications;
      5. any act, omission, error or negligence of Buyer, Buyer’s structural engineer, architect, contractor or any third party; or
      6. the structural adequacy, compliance, performance, safety or fitness for purpose of any structure or connection.
    • Buyer shall indemnify and keep indemnified Steelo, its directors, employees and agents against all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses and professional fees (including legal costs) arising from or connected with the structural design, adequacy, compliance, safety, performance or failure of any structure or connection where:
      1. the relevant design information, calculations or specifications were not provided by Buyer; or
      2. Buyer approved the relevant drawings or Connection Details.
      3. The provision by Steelo of Connection Details, drawings, recommendations, referrals, introductions or technical assistance shall not create any duty of care in relation to the structural design, adequacy, stability, compliance, safety, performance or fitness for purpose of any structure or connection.
  15. MISCELLANEOUS

    • The Contract may not be assigned by Buyer without Steelo’s prior written consent.
    • Notices must be in writing to Steelo’s or Buyer’s address and are deemed delivered on the first working day after sending by hand or on the third working day after being placed prepaid in the first-class post to Buyer’s or Steelo’s address.
    • No failure by Steelo to enforce any provision of the Contract shall be construed as a release of its rights relating thereto or to sanction any further breach.
    • If any provision of the Contract is found to be invalid or unenforceable it shall have effect to the maximum extent permitted by law, or, if not so permitted, shall be deemed deleted.
    • The provisions of Conditions 10, 11, 12 and 13 shall survive any termination of the Contract.
    • The Contract shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in relation to the Contract.
    • Any personal data that Buyer provides to Steelo will be held securely and processed only for the purposes of these Conditions. Steelo may share Buyer’s personal data with credit reference agencies, banks and other responsible organisations in order that Steelo can fulfil the Contract.
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