1.1 These Terms of Sale apply to all quotations, orders and contracts for the supply of goods and/or services by T Nevill & Co Ltd (“we”, “us”, “our”) to any customer (“you”, “your”), unless we agree otherwise in writing.
1.2 By placing an order or instructing us to proceed, you are deemed to have accepted these terms.
1.3 If you are a consumer, your statutory rights are not affected by these terms.
2.1 Our quotations are based on the information, drawings and specifications supplied at the time of quoting. Quotations are typically valid for 30 days unless stated otherwise.
2.2 An order is only accepted when we issue written confirmation (for example an order acknowledgment, email confirmation or invoice). We may decline any order at our discretion.
2.3 Prices are exclusive of VAT, delivery, installation and any other applicable charges unless expressly stated otherwise.
2.4 If, after our quotation, there is a significant change in the cost of materials, labour, transport, energy or third-party services, we reserve the right to amend our prices by giving you reasonable notice before proceeding.
3.1 Order-specific terms. Payment terms for each order will be as set out in our quotation, order acknowledgement and/or invoice (the “Order Terms”). The Order Terms form part of the contract between us and will prevail over any inconsistent provisions in this clause 3.
3.2 Our discretion. We may, at our discretion and taking into account factors such as order value, bespoke content, delivery/installation risk and your credit status, require any of the following (alone or in combination):
3.3 Default terms where none are stated. If no specific payment terms are stated in the Quotation, the following will apply by default:
3.4 Deposits and advance payments. Deposits and advance payments are used to secure production slots, materials and/or third-party services. To the extent permitted by law, they are non-refundable if you cancel the order after we have committed time or cost in line with clause 15.
3.5 Credit accounts and credit limits. Where we agree to offer you a credit account, we may set and vary your credit limit, and may withdraw or reduce credit at any time in our discretion. If your credit limit is exceeded or you fall into arrears, we may suspend further work, deliveries and/or installations until the account is brought back within terms.
3.6 Due dates and late payment. All invoices are payable in full, without set-off or deduction, by the due date stated on the invoice. If you fail to make any payment by its due date, we may:
3.7 No unauthorised set-off. You may not withhold or set off any amount against sums due to us, whether for alleged defects, delays or otherwise, unless we have agreed such set-off in writing or a court has ordered it
4.1 All lead times, delivery dates and installation dates are estimates only. Time is not of the essence unless we have expressly agreed this in writing and stated any agreed consequences of delay.
4.2 Our estimated lead time starts from the latest of:
Receipt of your written order;
Receipt of the agreed deposit or advance payment;
Receipt of all final information, drawings, approvals, finishes and control samples required for manufacture.
4.3 We will use reasonable endeavours to meet agreed programmes. However, lead times may be extended where delay is caused by:
Changes requested by you;
Late approvals, design information or site information;
Delays or failures by your other contractors, suppliers or consultants;
Shortages or delays in the supply of materials or third-party finishes;
Events beyond our reasonable control (see clause 17).
4.4 We will notify you of material changes to the programme where reasonably practicable. We shall not be liable for any loss, damage or costs arising from delay, except to the extent caused by our own negligence and subject always to the limitations in clause 16.
5.1 Unless expressly included in our quotation, design, detailing and prototyping are separate services and will be charged additionally.
5.2 Where we provide drawings, models, prototypes or samples for your approval, production will not commence until your written approval is received. Any changes requested after approval may constitute a variation under clause 7.
5.3 Where we manufacture strictly to your drawings or specification (including dimensions, tolerances, fixing details and interfaces with other trades), we are not responsible for design adequacy or suitability unless we have expressly agreed to provide design responsibility.
5.4 We strongly recommend a prototyping phase for bespoke or complex works. Where you choose not to prototype, you accept the risk that design issues may only become apparent after manufacture or installation, in which case any remedial works or redesign may be chargeable.
6.1 Our metal finishes are individually hand-produced. A degree of tonal and surface variation is inherent and to be expected. Such variation is not a defect.
6.2 We will endeavour to work to agreed control samples and/or finish descriptions, but due to the nature of patination, oxidation, chemical processes and base material variation, an exact match cannot be guaranteed.
6.3 Metal patinas and “living finishes” may continue to develop over time and may change in appearance with handling, light, atmosphere and cleaning regimes. This is a characteristic of the finish, not a fault.
6.4 Many metals have natural surface pitting, inclusions or marks. While we aim for a high quality, uniform appearance, we cannot guarantee that surfaces will be entirely free from visible marks.
6.5 Unless otherwise specified, normal manufacturing tolerances will apply. Minor dimensional deviations which do not materially affect fit, function or aesthetics shall not constitute defects.
7.1 Any changes to the agreed specification, drawings, finishes, quantities, delivery dates or site conditions requested by you (or required due to incomplete/incorrect information provided by you) may be treated as a variation.
7.2 We will notify you if a requested change is a variation and, where practicable, provide an estimate of any resulting adjustment to price and programme. We are not obliged to proceed with a variation until the change and related costs are agreed in writing.
7.3 Additional rework or refinishing carried out solely to satisfy a revised aesthetic preference, where the original work complied with the agreed specification and control samples, will be chargeable as a variation.
8.1 In some cases we will use specialist third-party suppliers for processes such as plating, anodising, specialist coatings, glass, leather, upholstery and similar.
8.2 We will exercise reasonable care in selecting and managing such suppliers. However, all outsourced processes are subject to their inherent risks and limitations.
8.3 If a defect is solely attributable to a third-party process and not to our workmanship, our liability will, as far as permissible by law, be limited to:
Pursuing a remedy with that third-party; and/or
Re-submitting the item for rework; and/or
Re-making the item, at our discretion;
and shall not exceed the amount recoverable from the third-party or the contract price for the affected item, whichever is lower.
8.4 You agree not to instruct reworks or replacements by others and then seek reimbursement from us without first giving us a reasonable opportunity to inspect and remedy the issue ourselves.
9.1 We use a combination of national couriers and our own transport. We will advise when work is ready for dispatch and agree an appropriate delivery method with you.
9.2 Deliveries are generally made between 8:00 and 16:00 Monday to Friday. Deliveries outside these times, or special services (timed, weekend, dedicated vehicle) may incur additional charges.
9.3 If an agreed delivery slot is cancelled or cannot be completed due to circumstances within your control (including but not limited to site not ready, no authorised person to receive goods, access not available) with less than 48 hours’ notice, we reserve the right to charge a redelivery fee and any associated costs.
9.4 It is your responsibility to ensure that:
Access routes, doorways, corridors and lifts are sufficient for the size and weight of the goods; and
Any specific labeling or booking-in requirements are clearly communicated to us before dispatch.
9.5 We cannot accept responsibility where goods cannot be delivered or positioned due to access restrictions or lack of information. If goods are returned to us due to incorrect or incomplete labeling or booking-in information supplied by you, you will be liable for any redelivery charges.
10.1 Goods delivered outside the UK may be subject to import duties, taxes, customs clearance charges and brokerage fees, in addition to our delivery charge.
10.2 You are responsible for paying all such duties, taxes and fees and for complying with all applicable import/export regulations.
11.1 Risk in the goods passes to you on delivery to the agreed address or, where we are also installing, upon completion of off-loading at site, unless agreed otherwise.
11.2 Legal title to the goods does not pass to you until we have received payment in full for all sums due under the relevant contract.
11.3 Until title has passed, you must:
Store the goods separately and clearly marked as our property;
Not remove, deface or obscure any identifying marks or packaging; and
Keep the goods in satisfactory condition, insured for their full value.
11.4 If delivery or collection is delayed at your request, or because you are not ready to receive goods, we may charge reasonable storage and handling fees and treat the goods as delivered for the purpose of invoicing and risk.
12.1 Where our quotation includes installation, it is based on:
Safe, clear and uninterrupted access to the work area;
A suitable working environment (including lighting, power, and protection from weather where relevant);
Any preparatory work by others being complete and accurate (e.g. structure, substrates, fixing points).
12.2 If we encounter obstructions, unsafe conditions, incomplete work by others, or other factors outside our control that prevent or delay installation, we may:
Suspend works until the issue is resolved; and/or
Charge for additional time, return visits or out-of-sequence working.
12.3 We are not responsible for damage caused by pre-existing conditions, hidden services, defective substrates or structural issues beyond what is reasonably apparent on visual inspection.
13.1 All items are inspected (and often photographed) prior to delivery. Once delivered or installed, you are responsible for day-to-day care and maintenance.
13.2 Unless otherwise instructed in writing:
Clean metal surfaces with a soft, damp cloth and dry thoroughly.
Avoid abrasive materials, scouring pads and aggressive chemical cleaners, which can damage finishes, particularly unlacquered or patinated metals.
Avoid prolonged exposure to moisture, spillages and corrosive substances.
13.3 Our products are not suitable for outdoor use unless expressly stated. Outdoor exposure may significantly accelerate patina development and corrosion.
13.4 Metal cleaners or polishes should not be used on treated surfaces unless we have specifically recommended a product in writing, as they may remove or alter decorative patination.
14.1 You must inspect goods on delivery and notify us in writing of any visible damage or shortages within 2 working days. Packaging should be retained until the issue is resolved.
14.2 For installed works, practical completion will typically be agreed on site. Any defects visible at that time must be recorded and agreed between us.
14.3 For concealed or latent defects, you must notify us in writing as soon as reasonably practicable and in any event within 14 days of discovery.
14.4 Our obligation in respect of proven defects in our workmanship or materials (excluding inherent variations and issues described in clauses 6 and 8) shall be limited, at our option, to:
Repairing the defective item; or
Replacing the defective item; or
Refunding the price paid for the defective item.
14.5 You must give us a reasonable opportunity to inspect and remedy any alleged defects. We will not be responsible for costs incurred where you instruct others to carry out remedial work without our prior written agreement.
15.1 Due to the bespoke nature of our work, we are unable to accept returns or offer refunds simply because an item is no longer wanted or your project requirements change.
15.2 If you wish to cancel an order before we have commenced manufacture or committed to materials and third-party costs, we may, at our discretion, accept cancellation subject to payment of a reasonable administration fee and any design/prototyping costs already incurred.
15.3 If you cancel after manufacture has started or materials/third-party services have been ordered, you will be liable for:
All costs incurred to date (including labour, materials, subcontractor and supplier costs);
Any cancellation or restocking fees charged to us by suppliers; and
A reasonable contribution to our overhead and loss of profit on the cancelled portion.
15.4 We may cancel or suspend a contract if:
You fail to make payments when due;
You are in material breach of these terms and do not remedy the breach within 7 days of notification; or
We are unable to obtain essential materials or services despite reasonable efforts, or performance becomes impossible or impractical due to events beyond our control (see clause 17).
16.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be limited.
16.2 Subject to clause 16.1:
Our total aggregate liability arising out of or in connection with any contract with you shall not exceed the price paid or payable for the specific goods and/or services giving rise to the claim.
We are not liable for any loss of profit, loss of revenue, loss of business, loss of opportunity, or any indirect or consequential loss or damage.
16.3 We shall not be liable for any delay, loss or damage arising from:
Variations, late information, changes by others or site issues beyond our control;
Inherent characteristics of materials or finishes (including those described in clauses 6 and 8);
Failure by you or your contractors to follow our instructions, aftercare guidance or reasonable industry practice.
17.1 We shall not be in breach of contract nor liable for delay in performing, or failure to perform, any of our obligations where such delay or failure results from events, circumstances or causes beyond our reasonable control, including but not limited to: acts of God, extreme weather, fire, flood, epidemic, strikes, lock-outs, industrial disputes, failure of utilities, transport disruption, supplier failures or shortages of materials.
17.2 If a force majeure event continues for more than 60 days, either party may terminate the affected contract by giving written notice. You will remain liable for all work done and costs incurred up to the date of termination.
18.1 Unless agreed otherwise in writing, all intellectual property rights in our designs, drawings, models, methods and documentation remain our property.
18.2 You may not reproduce, adapt or use our designs for manufacture by others without our prior written consent and an agreed licence fee.
19.1 No variation of these terms will be effective unless agreed in writing by a director or authorised representative of T Nevill & Co Ltd.
19.2 If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19.3 These terms, together with our quotation and any agreed specification, form the entire agreement between us in relation to the relevant contract.
19.4 These terms and any disputes arising out of them shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
T Nevill & Co. Ltd.
Unit 3, The Orbital Centre,
Cockerell Close,
Stevenage
Herts, SG1 2NB
Email: sales@tnevill.co.uk
Phone: 01438 748626