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Interpretation
In these Conditions;
‘BUYER’ means the person who accepts a quotation of SPECIALZ LTD for the sale of the Goods or whose order for the Goods is accepted by SPECIALZ LTD
‘GOODS’ means the Goods (including any instalment of the Goods or any parts for them) which SPECIALZ LTD is to supply in accordance with these Conditions
‘SPECIALZ LTD’  is registered in England and Wales under Company Registration number 4639339
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and SPECIALZ LTD
‘CONTRACT’ means the contract for the purchase and sale of the Goods
“INTELLECTUAL PROPERTY” means any patent, copyright, registered design or unregistered design right and any application for any of the foregoing, any rights in respect of confidential information and any other intellectual property right
‘WRITING’ includes e-mail, facsimile transmission and comparable means of communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The headings in these Conditions are for convenience only and shall not affect their interpretation.

1 Basis of the sale

1.1 The Buyer shall purchase the Goods in accordance with any written quotation of SPECIALZ LTD which is accepted by the Buyer, or any written order of the Buyer which is accepted by SPECIALZ LTD, subject in either case to these Conditions, which shall govern the Contract.
1.2 No variation to these Conditions shall be binding unless agreed in writing between the Buyer and SPECIALZ LTD.
1.3 SPECIALZ LTD’s employees or agents are not authorised to make any representations about the Goods unless confirmed by SPECIALZ LTD in writing.
1.4 Any typographical, clerical or other error or omission in any sales literature, quotation, acceptance of offer, invoice or other document or information issued by SPECIALZ LTD shall be subject to correction without any liability on the part of SPECIALZ LTD.

2 Orders and specifications

2.1 No order submitted by the Buyer shall be deemed to be accepted by SPECIALZ LTD unless and until confirmed in writing by SPECIALZ LTD.
2.2 The Buyer shall be responsible for ensuring the accuracy of any order (including any specification) submitted by the Buyer, and for giving SPECIALZ LTD any necessary information relating to the Goods in time to enable SPECIALZ LTD to perform the Contract in accordance with its terms.
2.3 The quantity, quality and description of and any specification for the Goods shall be those set out in SPECIALZ LTD’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by SPECIALZ LTD).

2.4 SPECIALZ LTD reserves the right to make any changes in the specification of the Goods to conform with any applicable statutory or EC requirements or, where the Goods are supplied to SPECIALZ LTD’s specification, which do not materially affect their quality or performance.
2.5 No order which has been accepted by SPECIALZ LTD may be cancelled by the Buyer except with the agreement in Writing of SPECIALZ LTD.

3 Price of the Goods

3.1 The price of the Goods shall be SPECIALZ LTD’s quoted price. All prices quoted are valid for 14 days or until earlier acceptance by the Buyer.
3.2 SPECIALZ LTD reserves the right to increase the price of the Goods to reflect any increase in the cost to SPECIALZ LTD which is due to any factor beyond its control, any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give adequate information or instructions.
3.3 Unless otherwise stated by SPECIALZ LTD, all prices are given by SPECIALZ LTD on an ex works basis, and where SPECIALZ LTD agrees to deliver the Goods otherwise than at SPECIALZ LTD’s premises, the Buyer shall be liable to pay SPECIALZ LTD’s charges for transport, packaging and insurance.
3.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to SPECIALZ LTD.

4 Terms of payment

4.1 The Buyer shall pay the full price of the Goods with the order unless otherwise agreed in writing between SPECIALZ LTD and the Buyer or unless otherwise specified on SPECIALZ LTD’s quotation, and SPECIALZ LTD shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer.

4.2 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available, SPECIALZ LTD shall be entitled to cancel the contract or suspend any further deliveries to the Buyer and charge the Buyer interest on the amount unpaid, at the rate of 5 per cent per annum above Bank of England  base rate from time to time, until payment in full is made.

5 Delivery

 5.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at SPECIALZ LTD’s premises at any time after SPECIALZ LTD has notified the Buyer the Goods are ready for collection or, if some other place for delivery is agreed by SPECIALZ LTD, by SPECIALZ LTD delivering the Goods to that place.
5.2 Any dates quoted for delivery of the Goods are approximate only and SPECIALZ LTD shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by SPECIALZ LTD in writing. The Goods may be delivered by SPECIALZ LTD in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
5.3 If SPECIALZ LTD fails to deliver the Goods (or any installment) for any reason other than any cause beyond SPECIALZ LTD’s reasonable control or the Buyer’s fault, and SPECIALZ LTD is accordingly liable to the Buyer, SPECIALZ LTD’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Goods to replace those not delivered over the price of the Goods.
5.6 If the Buyer fails to take delivery of the Goods or fails to give SPECIALZ LTD adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of SPECIALZ LTD’s fault) then, without prejudice to any other right or remedy available to SPECIALZ LTD, SPECIALZ LTD may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall.

6 Risk and property

6.1 Risk of damage to or loss of the Goods shall pass to the Buyer (for Goods to be delivered at SPECIALZ LTD’s premises) when SPECIALZ LTD notifies the Buyer that the Goods are available for collection; or, (for Goods to be delivered otherwise than at SPECIALZ LTD’s premises) on delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when SPECIALZ LTD has tendered delivery of the Goods.
6.2 Ownership in the Goods shall not pass to the Buyer until SPECIALZ LTD has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by SPECIALZ LTD to the Buyer for which payment is then due.
6.3 Until ownership in the Goods passes to the Buyer, the Buyer shall hold the Goods as SPECIALZ LTD’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as SPECIALZ LTD’s property, but the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business.
6.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), SPECIALZ LTD shall be entitled at any time to require the Buyer to deliver up the Goods to SPECIALZ LTD and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
6.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of SPECIALZ LTD, but if the Buyer does so all moneys owing by the Buyer to SPECIALZ LTD shall (without prejudice to any other right or remedy of SPECIALZ LTD) forthwith become due and payable.

6.6 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

7 Warranties and liability

Subject to the conditions set out below SPECIALZ LTD warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship (but only in so far as such defects affect the structural performance of the Goods) for as long as the Buyer owns the Goods.
7.2 The above warranty is given by SPECIALZ LTD subject to the following conditions:
7.2.1 SPECIALZ LTD shall not be liable for any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
7.2.2 SPECIALZ LTD shall not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow SPECIALZ LTD’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without SPECIALZ LTD’s approval;
7.2.3 the above warranty does not extend to parts, materials or equipment not manufactured by SPECIALZ LTD, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to SPECIALZ LTD.;
7.2.4 SPECIALZ LTD shall not be liable unless the Buyer has the Goods inspected by SPECIALZ LTD at intervals of no more than 4 months commencing  4  months after delivery to the Buyer. In connection with such an inspection the Buyer shall either pay SPECIALZ LTD’s fee for a warranty inspection on site or arrange for the Goods to be returned to SPECIALZ LTD for inspection and collected afterwards for return to the Buyer, all at the Buyer’s expense

7.3 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7.4 Any claim by the Buyer for defective goods or failure to correspond with specification shall be notified to SPECIALZ LTD within 7 days of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Buyer does not notify SPECIALZ LTD accordingly, the Buyer shall not be entitled to reject the Goods and SPECIALZ LTD shall have no liability to the Buyer who shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
7.5 Where any valid claim of defective Goods or their failure to meet specification is notified to SPECIALZ LTD in accordance with these Conditions, SPECIALZ LTD shall be entitled to replace the Goods (or the part in question) free of charge or, at SPECIALZ LTD’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but SPECIALZ LTD shall have no further liability to the Buyer.
7.6 Except in respect of death or personal injury caused by SPECIALZ LTD’s negligence, SPECIALZ LTD shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of SPECIALZ LTD, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of SPECIALZ LTD under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
7.7 SPECIALZ LTD shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of SPECIALZ LTD’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond SPECIALZ LTD’s reasonable control.

8 Intellectual Property

8.1 All Intellectual Property relating to the Goods the subject of any order between SPECIALZ LTD and the Buyer shall become or remain the exclusive property of SPECIALZ LTD. Joint-venture Intellectual property allocations will be agreed in writing with all parties prior to the commencement of design or manufacture.
8.2 Irrespective of ownership of the Intellectual Property in the Goods, SPECIALZ LTD shall have the Buyer’s implied consent to the world-wide royalty free and irrevocable license to take and use photographs or video footage, plans, drawings and illustrations of the Goods or any of them for such purposes as SPECIALZ LTD may think fit including but without limitation, for SPECIALZ LTD’s marketing, publicity and promotional advertising.
8.3 For the avoidance of doubt, the transfer of ownership in the Goods to the Buyer shall not confer on the Buyer or any other person or organization a license to reproduce or copy or reproduce the Goods in any manner whatsoever.

9 General

9.1 No waiver by SPECIALZ LTD of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
9.3 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by one arbitrator appointed by agreement or (in default) nominated on application of either party by the President for the time being of the Institute of Structural Engineers or Institute of Electrical Engineers.
9.4 The Contract shall be governed by English law. The Buyer agrees to submit to the non-exclusive jurisdiction of the English courts