- All contracts for the sale of goods, and where appropriate services, by AJN Steelstock Limited shall be deemed to incorporate these conditions. Where the context so admits within these conditions the word goods shall be deemed to include goods which are the property of the Buyer upon which AJN Steelstock Limited contracts to perform services. Any terms and conditions in the Buyer’s order which are inconsistent with these conditions shall have no effect.
- If subsequent to any contract for sale, which is subject to these conditions, a contract for sale is made with the same Buyer, howsoever made, without express reference to any conditions, such contract shall be deemed to be subject to these conditions.
- Any variation of these conditions shall only be effective if agreed in writing and signed by a Director of AJN Steelstock Limited following the placing of an order by the Buyer.
- Unless otherwise agreed in writing by AJN Steelstock Limited the price payable by the Buyer shall be AJN Steelstock Limited’s ruling price at the date of despatch of each delivery.
- A charge may be made for carriage, pallets, cases and packaging etc where appropriate. No allowances will be made when collection is arranged by the Buyer.
- AJN Steelstock Limited shall not be required to supply test certificates unless the same are requested at the time of placing the order and AJN Steelstock Limited may charge a fee for any certificate supplied.
- All invoiced amounts are subject to the addition of VAT at the prevailing rate. Payment is due by the end of the month following the month of delivery, subject to Condition 3 above. Interest at the rate of 4% per annum above LloydsTSB Plc Base Rate shall be payable by the Buyer in respect of all overdue accounts. In the event of the Buyer being referred to a debt collection agency, the Buyer will be liable to all costs associated with the collection of any outstanding monies.
- Dates or periods for delivery are approximate and are given for information only and shall under no circumstances be essential terms. A delay in delivery shall not constitute a breach of contract and shall not entitle the Buyer to avoid the contract or to any other remedy.
- AJN Steelstock Limited shall not be liable for delay in delivery or failure to make delivery of any goods due to fire, the elements, war, civil commotion, industrial dispute, shortage of raw materials and fuel, shortage of labour, breakdown of plant and machinery, late receipt of the Buyer’s specification or other necessary information, acts, orders or regulations of Governments or other regulatory bodies, delay on the part of any subcontractor or supplier or any cause whatsoever beyond the reasonable control of AJN Steelstock Limited concerned with the processing or delivery of the goods notwithstanding any warranty modifying Condition 8 herein .
- Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract.
- AJN Steelstock Limited reserves the right to deliver and charge for goods within the manufacturers’ tolerances as to weight, dimension and quantity.
- The buyer shall have no right under any circumstances to cancel the contract or any part thereof without the prior written consent of AJN Steelstock Limited which consent shall not be unreasonably withheld and which shall be conditional upon the payment of such compensation as AJN Steelstock Limited shall reasonably require.
- (a) AJN Steelstock Limited reserves the right to supply the goods from any of its sites or from any location or to sub-contract any part of the contract and unless otherwise agreed the method of carriage of the goods shall be at the discretion of AJN Steelstock Limited. If AJN Steelstock Limited so agrees the goods may be collected from the site by the Buyer. In such event when the Buyer is notified that the goods are ready for collection the Buyer shall collect them without delay at the specified time. If the goods are not collected by the Buyer within 3 days of being so notified AJN Steelstock Limited may despatch the goods itself at the Buyer’s expense and risk, or store them at the expense and risk of the Buyer. (b) AJN Steelstock Limited reserves the right to charge to the Buyer any costs, charges or expenses incurred by AJN Steelstock Limited as a result of vehicle or wagon detention in consequence of any act or omission of the Buyer, its servants or agents, or as a result of special requirements or of stipulations of the Buyer not provided for in the contract.
- AJN Steelstock Limited accepts no responsibility for the accuracy of drawings, patterns or specifications supplied by the Buyer. The Buyer shall indemnify AJN Steelstock Limited against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer’s instructions express or implied.
- Subject to the provisions of these conditions, goods supplied by AJN Steelstock Limited will comply with the specification and standard, if any, detailed on AJN Steelstock Limited’s despatch documents.
- (a) Notwithstanding the provisions of Condition 15 above, any condition or warranty, statement or undertaking as to the quality of the goods, or their fitness or suitability for any purpose, however and whenever expressed, or which may be implied by statute, custom of the trade, or otherwise, is hereby excluded. (b) Without prejudice to the foregoing, no statement or undertaking contained in any British Standard, Euronorm, ISO Recommendation, or other standard or technical specification as to the suitability of the goods for any purpose shall give rise to any legal liability. The Buyer shall satisfy itself that the goods are suitable for any product or application for which they are to be used before the goods are incorporated into such product or application.
- Where the contract provides for testing or inspection of the goods by or on behalf of the Buyer before delivery whether at AJN Steelstock Limited’s site or elsewhere, then upon AJN Steelstock Limited giving notice of the availability of the goods for inspection/testing the Buyer shall inspect and/or test the goods within 7 days of such notice. If the Buyer does not inspect or test the goods within the time specified, or within 14 days of such testing or inspection the Buyer does not notify AJN Steelstock Limited in writing that the goods are not in accordance with the contract, specifying the matter complained of, then the Buyer shall conclusively be deemed to have accepted the goods as being in accordance with the contract and shall not thereafter be entitled to reject the goods on the grounds of anything which such testing or inspection has or would have revealed.
- The Buyer shall be deemed to have accepted the goods and it shall be conclusively agreed that the goods are in accordance with the contract unless; (a) the Buyer gives notice in accordance with Condition 17 herein, or; (b) in respect of material suffering from any defect apparent from careful inspection or reasonable testing the Buyer – (i) gives an appropriately qualified signature eg “goods received damaged (signed)” on the delivery note, and (ii) advises AJN Steelstock Limited in writing within 7 days of receipt of the goods and prior to their use or resale, and (iii) gives AJN Steelstock Limited the opportunity to inspect the goods within a further 3 days and before they have been used or resold; (c) with regard to a defect in the quality or state of the goods or other respect in which the goods are not in accordance with the contract which would not be apparent upon careful inspection or reasonable testing, the Buyer serves upon AJN Steelstock Limited written notice of such defect or respect forthwith upon its discovery and in any event not more than 12 months after receipt of the goods specifying the matters complained of and affording to AJN Steelstock Limited a reasonable opportunity of inspecting the goods before any making good or replacement is undertaken. The Buyer shall not be excused from providing such opportunity by reason only of the incorporation of the goods in the property of a third party or the location of the goods in, upon or under the premises or land of a third party.
- Claims by the Buyer for non-delivery of goods shall only be considered by AJN Steelstock Limited if (a) in any case of partial non-delivery of goods the Buyer:- (i) gives an appropriately qualified signature e.g. “goods received incomplete (signed)” on the delivery note, and (ii) advises AJN Steelstock Limited in writing within 14 days of receipt of the goods and prior to their use or resale, and (iii) gives AJN Steelstock Limited the opportunity to inspect the goods within a further 3 days and before they have been used, or resold; (b) in any case of total non-delivery of goods the Buyer advises AJN Steelstock Limited in writing within 14 days of the date of AJN Steelstock Limited’s despatch documents.
- In any case of total or partial non-delivery of goods, or damage to goods in transit, where the goods are transported by an independent freight carrier, AJN Steelstock Limited shall only consider a claim if the Buyer has complied in all respects with the freight carrier’s conditions of carriage for notifying claims for loss or damage in transit.
- Provided that the Buyer has complied with the requirements as to notice in Conditions 17 and 18, whichever may be applicable, and subject to the provisions of Condition 23 herein, if the goods or any part thereof are defective in quality or state or (save for discrepancy in weight or quantity) otherwise not in accordance with the contract then, if AJN Steelstock Limited and the Buyer do not agree that the Buyer should accept the goods at an agreed value or that the goods should be made good at AJN Steelstock Limited’s expense, AJN Steelstock Limited undertakes to accept a return of the relevant goods and at the Buyer’s option either to: (a) repay or allow the Buyer the invoice price thereof (including carriage, pallets, cases, packings and test certificates where appropriate) and any reasonable transport costs incurred by the Buyer in carrying the relevant goods from the place of original delivery of such goods to AJN Steelstock Limited’s site from which they were despatched or to such other place as AJN Steelstock Limited may nominate, or (b) replace the goods by delivering replacement goods to the original place of delivery as soon as may be reasonably practicable.
- The undertakings in Condition 21 herein are in lieu of any other legal remedy and the liability of AJN Steelstock Limited shall be for all purposes limited to the giving of any appropriate credit or repayment or to the replacement of the goods in accordance with that condition. Under no circumstances shall AJN Steelstock Limited be liable for any other loss, damage or expense whatsoever occasioned by any breach of contract, negligence or breach of any duty of AJN Steelstock Limited whatsoever and howsoever such loss, damage, or expense may have been caused provided that nothing in these conditions shall exclude or limit or purport to exclude or limit the liability of AJN Steelstock Limited where such exclusion or limitation is void or unenforceable under any applicable law.
- Goods sold as non-prime or as untested or goods accepted by the Buyer pursuant to Condition 21 herein which AJN Steelstock Limited and the Buyer agree to be non-prime are sold in their actual state, as seen, without warranty and with all faults whether or not the goods have been inspected by the Buyer prior to delivery. Any statement, specification, description or other information provided by AJN Steelstock Limited in respect of such goods is given in good faith but AJN Steelstock Limited can accept no responsibility for its accuracy. Under no circumstances will AJN Steelstock Limited be under an obligation to replace or make good such goods or entertain any claim whatsoever in respect thereof. If the Buyer shall re-sell such goods the Buyer shall ensure that a provision in similar form to this condition is incorporated in the re-sale agreement unless prior to reselling the goods, the Buyer has caused the goods or such part of the goods as the Buyer resells to comply with a recognised specification or standard. The Buyer shall indemnify AJN Steelstock Limited against all claims made against AJN Steelstock Limited and all losses, liabilities, costs and expenses consequent thereon which arise out of loss or damage to property or injury to or death of any person caused or alleged to be caused by or consequent upon the supply of a product as defined in Section 1 of the Consumer Protection Act 1987 to the Buyer as non-prime or untested or to any third party by the Buyer which comprises non-prime or untested goods sold to the Buyer by AJN Steelstock Limited or which has as a component or components, includes or is otherwise manufactured from any non-prime or untested goods supplied by AJN Steelstock Limited whether or not such claim is made pursuant to the said Act or the legislation of any member state of the European Community made pursuant to or in accordance with the directive of the Council of European Communities date 25th July 1985 (No, 85/374/EEC).
- Delivery shall be deemed to be effective and the risk in the goods shall pass from AJN Steelstock Limited to the Buyer when the goods are unloaded at the address nominated by the Buyer or his Agent for delivery, save where collection is arranged by the Buyer or his Agent, when risk in the goods shall pass when goods are loaded onto the vehicle collecting them.
- (a) All goods supplied by AJN Steelstock Limited to the Buyer shall remain the property of AJN Steelstock Limited until such time as all sums due to AJN Steelstock Limited from the Buyer whether in respect of goods supplied by AJN Steelstock Limited to the Buyer or otherwise are paid in full or the goods are incorporated in or utilised in the manufacture of products. Until such time the Buyer shall in all respects treat and deal with the goods as the bailee of AJN Steelstock Limited and shall store the goods so that they are readily identifiable as the property of AJN Steelstock Limited save that, subject to (c) below, the Buyer shall be at liberty to resell the goods in the normal course of trading. Until full payment of all sums due to AJN Steelstock Limited have been made the Buyer shall not be entitled to dispose of any property in the goods (by sale or otherwise) to the holding company of the Buyer or to any subsidiary of the Buyer or of such holding company. (b) Until such time as property in the goods passes to the Buyer, AJN Steelstock Limited (and without prejudice to its other rights) may retake possession of the goods and AJN Steelstock Limited, its servants or its agents shall be deemed to have been granted an irrevocable licence by the Buyer to enter upon the Buyer’s premises or premises under the Buyer’s control with or without vehicles for this purpose. (c) In the event of any resale by the Buyer of AJN Steelstock Limited’s goods, the beneficial entitlement of AJN Steelstock Limited shall attach to any claim against the Buyer’s purchaser, and to any proceeds of that sale so that such claims or proceeds of sale shall be held in trust for AJN Steelstock Limited and the Buyer shall have a fiduciary duty to account to AJN Steelstock Limited for that claim and any proceeds of sale. Where proceeds of such a resale are received by the Buyer, he shall keep them in a separate account as agent for AJN Steelstock Limited until the proceeds are handed over to AJN Steelstock Limited. For the purposes of this condition decoiling, cutting, shearing, slitting, painting or rebundling of goods shall not constitute the manufacture of a product or products.
- AJN Steelstock Limited shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every contract between itself and the Buyer or to suspend any further deliveries under any or every contract in any of the following events: (a) if any debt is due and payable by the Buyer to AJN Steelstock Limited but is unpaid; (b) if the Buyer has failed to provide any letter of credit, bill of exchange or any other security required by the contract provided that in such event the aforesaid rights of termination or suspension shall apply only in regard to the particular contract in respect of which the Buyer shall have so failed; (c) if the Buyer has failed to take delivery of the goods under any contract between it and AJN Steelstock Limited otherwise than in accordance with the Buyer’s contractual rights; (d) if AJN Steelstock Limited obtains any unfavourable reports on the financial standing of the Buyer; (e) if any distress execution or other legal process shall be levied against the Buyer or if the Buyer becomes insolvent or enters into any composition or arrangement (including a voluntary arrangement) with its creditors or, being a body corporate, has passed a resolution for voluntary winding up except where solely for the purpose of reconstruction or if a petition has been presented for an order for its winding up or for a Receiver (including an Administrative Receiver) or Administrator to be appointed or if any such order or appointment is made or if, being an individual or partnership, the Buyer suspends payment of his or their debts in whole or in part or if an application has been made for an Interim Order or a petition has been presented for a Bankruptcy Order or if any such order is made or if the Buyer, whether or not a body corporate, shall carry out or be subject to any analogous act or proceedings under foreign law. AJN Steelstock Limited shall be entitled to exercise its aforesaid rights of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied and, in the event of any suspension, AJN Steelstock Limited shall be entitled as a condition of resuming delivery under any contract between it and the Buyer to require prepayment of, or such security as it may require for the payment of, the price of any further delivery.
- The Buyer shall not be entitled to withhold payment of any amount payable under the contract to AJN Steelstock Limited because of any disputed claim of the Buyer in respect of defective goods or any other alleged breach of the contract, nor shall the Buyer be entitled to set off against any amount payable under the contract to AJN Steelstock Limited any monies which are not then presently payable by AJN Steelstock Limited or for which AJN Steelstock Limited disputes liability.
- AJN Steelstock Limited’s rights shall not be prejudiced or restricted by any indulgence or forbearance extended to the Buyer and no waiver by AJN Steelstock Limited in respect of any breach shall operate as a waiver in respect of any subsequent breach.
- AJN Steelstock Limited has drawn up these Conditions of Sale having considered the provisions of the Unfair Contract Terms Act 1977 as amended and considers them, to be fair and reasonable and its prices are based on contracts made under these conditions. In the event that the Buyer considers any of these terms to be unreasonable he must inform AJN Steelstock Limited before entering into any contract otherwise he will be deemed to have accepted that these conditions are fair and reasonable.
- In the event that, for any reason, any provision or provisions in these conditions or any part thereof is or is held to be void, unenforceable or otherwise invalid, any contract made which incorporates these conditions shall continue to be fully binding and all other conditions herein, including the remainder of any condition where the effect of some part thereof is avoided shall remain fully effective.
- No contract for sale, which is subject to these conditions may be assigned by the Buyer without the prior written consent of AJN Steelstock Limited.
- For the purpose of these conditions the expressions holding company and subsidiary shall have the meaning attributed to them by Section 736 of the Companies Act 1985.
- The provisions of these conditions shall remain in full force and effect notwithstanding that the parties’ obligations under any contract may have been performed or discharged.
- The contract between AJN Steelstock Limited and the Buyer shall be deemed to have been made in England and shall be governed in all respects by English law.
The Buyer shall submit to the non-exclusive jurisdiction of the English Courts.
1.1 All construction products which fall within the scope of the harmonised European Standard after the 1st July 2013 are supplied to AJN Steelstock Ltd as CE compliant.
1.2 According to the Construction Product Regulation (305/2011) all Fabricated Steel Products placed on the market by AJN Steelstock Ltd are CE marked after 1st July 2014.
1.3 The Declaration of Performance (DoP) serves to deliver the information about the essential characteristics of the product that AJN Steelstock Ltd is making available on the market.
1.4 All the information supplied with the DoP is obtained by strictly applying the methods and criteria provided by the relevant harmonised standard.
1.5 The various DoP’s can be viewed and downloaded at https://www.ajnsteelstock.co.uk/downloads-resources/
1.6 A CE mark indicates that a product is consistent with its Declaration of Performance (DoP).
1.7 Manufacturing is in accordance with BS EN1090-2, EXC2 (unless otherwise stated)
2.1 DSTV/NC Files
2.1.1 It is the customer’s responsibility to check that files supplied are correct and are the final issue.
2.1.2 Components will be manufactured to the DSTV/NC file and not to any accompanying drawings.
2.1.3 Quantities of components produced will be the quantities specified in the DSTV/NC file unless written instructions are given to the contrary.
2.1.4 Where Top Flange Unpainted has been specified the unpainted flange will be the top flange contained within the DSTV/NC file.
2.1.5 Plates will be supplied as a 2D component. Any through thickness shaping must be advised and alternative drawings supplied.
2.1.6 Raised flooring patterned faces are not detailed on DSTV/NC files. Files for this material must be accompanied by PDF or other drawings that show how components are handed.
2.2 StruCad Models
2.2.1 Models must be fully updated, marked and saved prior to enquiry to ensure NC files are final issue.
2.3 Cad Files
2.3.1 DXF/DWG files must be full size with a scale of 1:1. Manually over written dimensions will not be accepted.
2.3.2 Text can be lost during import and must be sent separately.
2.4 Hand Drawings
2.4.1 Faxes distort during sending so fully dimensioned detailing required.
2.4.2 Where Drawings are provided instead of DSTV/NC files parts must be manually programmed. Drawings of the programmed parts will be sent for customer approval, they are a copy of what will be manufactured and must be checked thoroughly.
2.4.3 Manufacture will not commence until approval is given.
3. THERMAL CUTTING
3.1 Unless otherwise specified Profiles are cut using High Performance Plasma which produces a slight edge taper.
3.2 Holes in these profiles will be thermally cut using “True Hole” technology producing “bolt-hole” quality. We cannot guarantee however that a tolerance of +/- 0.5 mm can be adhered to. Should hole tolerance or taper be critical you must request drilled holes.
3.3 Drilled holes are only included if stated on our quotation.
3.4 A light coating of oil in areas around drilled holes will be present due to processing.
3.5 Drilled plates may have a combination of plasma and gas cut edges.
3.6 All plates above 55mm will be flame cut. Profiles less than 55mm thick will only be flame cut if requested.
3.7 Re-entrant corners and notches on cut-outs will be detailed with a standard 10 mm corner radius, regardless of execution class. Where models or DSTV/NC files are supplied, any cut-out will be supplied as specified in the file rather than the drawing.
3.8 The profile on thermally cut edges may occasionally fall short of the requirements of BS EN ISO 9013:2002 7.2.3 and may require light finishing by customers to meet the requirement.
3.9 Long narrow components are liable to distort and may not remain flat or straight. Should flame straightening be required it is the responsibility of the customer to arrange this through a qualified party.
3.10 Edges of profiles will be hardened by the thermal cutting process. Edge hardness testing suggests thermally cut S355 material may require up to 0.8mm removed from cut edges and S275 material may require up to 0.5mm to reduce edge hardness below 380 Hv.
4. MANUAL THERMAL CUTTING/ NOTCHING
4.1 Notching of sections is carried out using a hand held thermal cutting process and may result in cut edge hardness exceeding 380 Hv. AJN Steelstock cannot test this process as manual cutting will not give consistently repeatable results. It is therefore not CE Certified.
Notches may be dressed to remove sharp edges and cutting defects. The customer must determine how much material may need removing to reduce edge hardness before it is fit for purpose.
5.1 Parts processed on automatic lines can be hard stamped or etched with identification on request. All other parts will be marked with paint markers. Parts that are to be galvanised should be identified so a compatible marker can be used.
6.1 Unless otherwise specified material is supplied as self-colour. Beams and columns may be stored externally and may be subject to surface oxidisation. Hollow and bright sections may be covered in a preservative oil. With the exception of some sheet materials, products cannot be guaranteed to be rust free at the point of delivery.
6.2 If no ‘EN’ specification is requested on Hollow Sections at the enquiry stage then we reserve the right to quote this product “Cold Formed” (BS EN 10219) or “Hot finished” (BS EN 10210). This will be advised on the quotation.
6.3 Grade; where the word ‘Minimum’ or ‘Min’ appears on the grade we reserve the right to supply material of a superior Charpy designation at our discretion. i.e. EN10025 S355 JR Min, could be supplied as EN10025 S355 JO.
7.1 Any special packaging requirements must be agreed prior to order being placed
8. SHOTBLASTING & PAINTING
8.1.1 Most sections and profiled parts can be shotblasted and painted upon request.
8.1.2 The SHOTBLASTING process generates heat which may cause the straightness tolerances to be challenged. The most common affected sections are Channels and Tubes.
8.1.3 Material that is <=5mm thick may distort when Shotblasted. AJN Steelstock Ltd will not accept responsibility if this process is requested on these products.
8.2 SHOTBLASTING ONLY
8.2.1 Parts and sections are blasted to minimum SA2½, the surface finish of blast only material can only be guaranteed at the time of blasting as it quickly deteriorates during the distribution process. This material can be wrapped on request to postpone deterioration.
8.2.2 We are unable to guarantee that shotblast only material will not have paint residue on the material
8.2.3 It is impossible to avoid small deposits of shot getting into tubes.
8.3.1 Painted material is shotblasted to minimum SA2½ then coated with a minimum 30 microns of pre-fabrication primer. This shop primer only affords temporary protection. Sections are painted prior to further processing, and this coating may be damaged during handling and processing
8.3.2 Cold formed hollow sections may be oiled and this can reduce the adhesion of the primer coating. Primer adhesion on these products cannot be guaranteed.
8.3.3 Full specification of the primer paint can be provided upon request or it is available on our website https://www.ajnsteelstock.co.uk/downloads-resources/
9.1 We are unable to deburr material after sawing and Customers are advised to take the necessary Health & Safety precautions to prevent the possibility of accidents
9.2 All lengths shown on mitre cutting are to be advised as long to long/overall measurements.
10.1 Mechanical handling can cause surface scratches, Customers are requested to advice if a scratch free surface is required prior to order.
10.2 Although we cannot guarantee a scratch free product, we will endeavour to keep the scratching down to a minimum.
11.1 Once our driver has checked and unchained his load, it becomes the responsibility of the Customer to ensure that the delivery is made in a safe manner. The driver is not allowed to operate any lifting equipment and will only assist if, in his opinion, the delivery can be made safely and without risk. Our drivers have the full support of the company to abandon any delivery that they feel is unsafe.
11.2 Delivery dates are given as a guidance only and are not guaranteed.
12. CREDIT CONTROL
12.1 Stock will not be reserved until credit clearance has been achieved. Delays may subsequently mean that stock has been sold elsewhere
12.2 Delays due to credit issues may adversely affect ultimate delivery dates.