Terms And Conditions
Important: These are the terms and conditions upon which we provide Metalforce Ltd websites. By accessing the Site, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use or access the Site.
Definitions
“You” means the user of the Site, “We/us” means Metalforce Ltd and all it’s associated and subsidiary companies, “Site” means the sites of Metalforce Limited on the World Wide Web. “Content” means the information and other material available within the Site.
Rights granted/rights reserved
You acknowledge that the Content is made available to you for your personal use only and that you may download the Content onto one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the content.
Warranty
The site and the content (which includes Content that is supplied to us by third parties either directly or indirectly) is provided on an “as is” and “as available” basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to, implied warranties or conditions or completeness, accuracy, satisfactory quality and fitness for a particular purpose.
Liability
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or any bookings or purchases you make of goods and/or services through your use of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage.
You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by third parties via the Site. You acknowledge any bookings or purchase of goods or services made by you through the Site shall be subject to the terms and conditions of the third party supplying the service and/or goods concerned and that we will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and third parties.We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
Availability of the site
You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.
Links to other sites
We may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.
Use of the site/indemnification
You undertake:1. not to use the content for any unlawful purpose;2. that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damages, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;3. not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
Intellectual property
You acknowledge that all copyright, trademarks and all other intellectual property rights in the content shall remain vested in us or our licensors.
Cookies
A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting the website our computer server will recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance.This website, and other Metalforce Limited group websites to which it is linked, may use cookies to:• enable the signing in process to operate after you have registered with us;• enable us to estimate and report on our total audience size & traffic;• conduct research to improve our content and services.By going to the “Help” section of the menu of your browser you should be able to configure your browser preferences to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject the use of cookies please note that the efficient operation of this site may be affected.Other websites linked from this site may take a different approach to the use of cookies and you should check what that approach is with those who operate those sites. Metalforce Limited takes no responsibility or liability for the practices undertaken by sites linked to this website.
Changes to these terms and conditions We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.
Entire agreement
Those terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
Severability
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
English Law
These terms and conditions shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.
Payment
Payment is due at time of order. For orders with a deferred delivery/planting date due to rooting out new stock, a 50% deposit is required to hold the stock in reserve, with the balance due 7 days prior to scheduled delivery. Cancellations charges will apply if the order is cancelled for any reason. We charge 2.5% for orders taken by credit card.Orders and Payments
All first time purchases require a 50% deposit at the time of order/tagging the balance must be paid within 2 weeks before delivery. An estimated delivery charge will be calculated, but any additional standing time or crane time charges will be invoiced afterwards.
Orders placed by telephone must be confirmed in writing to ensure that no miscommunication occurs and for your complete satisfaction. We will fax you an order confirmation detailing the plant material, delivery address and time frame which will require your signature and return to us.A sales invoice will be sent to you after delivery. We accept business and personal cheques (cheques card required.)
A 1.5% per month interest charge is incurred by all accounts which do not pay within the agreed 30 days from invoice date unless prior arrangement. It is unlikely further shipments will be made until your account is current and all further purchases will be on a cash basis for accounts with balances over 45 days. Management reserves the right to rescind account status of past due accounts although sales on a cash basis will always be welcome.
All orders cancelled after seven days incur a 20% restocking/cancellation charge. All orders that are to be held longer than 30 days outside of agreed terms will require payment in full and a 10% per month maintenance charge unless other terms are negotiated.
Planting
It is the responsibility of the buyer to mark out exact locations of underground services (electricity cables, gas, et al) on site. InstaHedge (Metalforce Ltd) can accept no liability for damage to underground services which might occur during excavation of planting pits, unless their precise locations have been clearly marked out prior to commencement of planting works.
The buyer is given the opportunity to approve precise locations of trees prior to excavation of planting pits. Should the buyer change his/her mind about the positioning after planting pits have been dug, InstaHedge (Metalforce ltd) reserves the right to charge for the additional labor required to resite planting pits. In such cases, InstaHedge (Metalforce Ltd) also reserves the right to postpone/reschedule completion of planting works in order to meet scheduling commitments to other customers.
General Terms
Our Availability List is subject to items remaining unsold at time of order.These terms and conditions shall take precedence over any other that customers may attach to their orders.This list replaces all previous price and availability lists.
Prices are quoted for the plant stock only and do not include VAT or delivery unless otherwise stated in writing. Our VAT registration number is 576 5023 32.
We do our utmost to ensure that plants are undamaged, but as we have no control over the plants supplied by us once they have left our hands, we give no warranty, expressed or implied except for that stated under the ‘Warranty’ section, as to the growth or suitability of the plants to their ultimate location, after acceptance of delivery or collection. Any trees or plant material that is unacceptable must be rejected at the time of delivery or alternative arrangements made with the office. Failure to do so will deem those goods as being accepted by the customer.
All plants are believed to be true to name, but in the event of an error on our part, our liability to pay charges or compensate shall not exceed a refund of the price paid.
We hereby reserve the right to the property of any goods sold until payment is cleared in full.Although every effort is made to maintain the prices shown on our availability list throughout the time frame, InstaHedge (Metalforce Ltd) reserves the right to modify prices without advance notice.
Warranty
Guaranteed Frost Proof! Stately Statues (Metalforce Ltd) Guarantee their portfolio frost proof however they recommend that during winter periods you turn off and drain your fountain.