Terms and conditions
Regency Ironworks Limited
Company number: 04353594
Unit 1, Selehurst Farm, Lower Beeding, Brighton Road, Horsham, RH13 6NQ
Telephone: 01444 232755
Email: info@regencyironworks.co.uk
IMPORTANT INFORMATION
These Terms and Conditions apply to quotations and work undertaken by Regency Ironworks Limited.
Please read them carefully before accepting a quotation or paying a deposit. Nothing in these Terms affects a consumer’s statutory rights.
A 50% deposit is required to book work into our production schedule and allow design, procurement and fabrication to begin.
Most of our products are manufactured specifically for each customer. Cancellation after design, materials procurement or fabrication has commenced may therefore result in substantial costs.
Automated gates, barriers and access-control systems must be inspected and serviced at least annually. Failure to arrange the required servicing may affect the applicable warranty.
DEFINITIONS
1.1 “Regency”, “we”, “us” or “the Company” means Regency Ironworks Limited.
1.2 “Customer” or “you” means the person, business or organisation named on our quotation.
1.3 A “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession.
1.4 A “Business Customer” means any customer purchasing in connection with a trade, business, craft or profession.
1.5 “Goods” means the products, materials and components supplied by us.
1.6 “Works” means any design, manufacture, fabrication, supply, delivery, installation, commissioning, servicing, maintenance or repair undertaken by us.
1.7 “Site” means the property or location where the Goods are delivered or the Works are undertaken.
1.8 “Practical Completion” means the Works are substantially complete and capable of their intended use, despite any minor snagging items which do not materially prevent that use.
QUOTATIONS AND ACCEPTANCE
2.1 Unless stated otherwise, our quotations remain valid for 30 days.
2.2 Our quotation, these Terms and Conditions, approved drawings, specifications and any subsequently agreed written variations together form the Contract.
2.3 The Contract is formed when:
• we confirm acceptance of your order in writing;
• you pay the required deposit; or
• we begin work at your written request,
whichever happens first.
2.4 Paying the deposit, approving the quotation electronically or instructing us to proceed confirms acceptance of these Terms and Conditions.
2.5 A customer purchase order does not replace these Terms unless we expressly agree otherwise in writing.
2.6 Photographs, website images, samples, brochures and preliminary drawings are illustrative. As our products are manufactured by hand, reasonable differences in dimensions, texture, colour, grain, welding and finish are not defects.
2.7 Any delivery, installation or completion date is an estimate unless we expressly confirm in writing that it is a fixed date.
SCOPE OF WORKS
3.1 Our price includes only the Goods and Works expressly described in the quotation.
3.2 Unless expressly included, our quotation does not include:
• planning permission or listed-building consent;
• building-control approval;
• structural-engineer designs or calculations;
• asbestos surveys or removal;
• underground utility searches;
• scaffolding, cranes or specialist access equipment;
• traffic management or road closures;
• electrical supplies or work by other trades;
• drainage or groundworks;
• making good, plastering, decorating or landscaping; or
• removal and disposal of existing structures.
3.3 You are responsible for obtaining any necessary permissions, approvals and consents unless our quotation expressly states that we will obtain them.
3.4 We may make minor technical changes required for safe manufacture, legal compliance, material availability or installation, provided the changes do not materially reduce the appearance, quality or performance of the finished work.
DRAWINGS, DIMENSIONS AND APPROVALS
4.1 You must carefully check all drawings, dimensions, opening directions, handing, finishes, control locations and specifications submitted for approval.
4.2 Your written approval authorises us to begin manufacture.
4.3 We are not responsible for an error approved by you unless that error should have been reasonably apparent to us as an experienced fabricator.
4.4 Where we rely upon dimensions, drawings, specifications, calculations or information supplied by you, your architect, builder, engineer or another third party, you are responsible for their accuracy and completeness.
4.5 We will notify you if we identify an obvious discrepancy.
4.6 Unless we have expressly accepted design responsibility, comments we make about another person’s design, structure, foundations, setting-out or calculations are advisory only.
PRICES AND VAT
5.1 Prices exclude VAT unless stated otherwise.
5.2 VAT will be charged at the legally applicable rate.
5.3 Our price assumes:
• normal working hours;
• clear and suitable access;
• a safe and ready Site;
• uninterrupted working;
• suitable unloading and parking facilities; and
• one continuous installation attendance.
5.4 Abortive visits, waiting time, additional handling, storage, remobilisation or work outside normal hours caused by circumstances outside our control may be charged additionally.
5.5 Where the quotation includes an estimate, provisional sum, daywork or remeasurement item, the final price will reflect the labour and materials actually required.
DEPOSIT AND PAYMENT
6.1 A deposit equal to 50% of the total quoted price, including VAT where applicable, is required when accepting the quotation.
6.2 The deposit allows us to reserve production capacity and begin design, procurement and manufacture.
6.3 No production or installation date is booked until the deposit has cleared.
6.4 Unless different payment stages are stated in the quotation, the remaining 50% is payable upon Practical Completion.
6.5 For supply-only Goods, the final balance is payable before delivery or collection.
6.6 Where manufacture is complete but installation is delayed for reasons outside our control, we may invoice the balance attributable to the completed Goods.
6.7 Minor snagging which does not prevent the safe intended use of the Works does not entitle the Customer to withhold the full final payment.
6.8 We will record and remedy valid snagging within a reasonable period.
6.9 Business Customers must pay undisputed invoices without deduction or set-off.
6.10 We may charge Business Customers statutory interest, compensation and reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.
6.11 If payment becomes overdue, we may suspend manufacture, delivery, installation or commissioning after providing reasonable written notice.
6.12 Reasonable storage, remobilisation and restart costs caused by late payment may be charged to the Customer.
VARIATIONS AND ADDITIONAL WORK
7.1 Any change requested after acceptance of our quotation will be treated as a variation.
7.2 Where reasonably practicable, we will explain the additional cost and any effect on the programme before undertaking the variation.
7.3 Variations may be authorised by email, written site instruction, signed document or other clear written instruction from the Customer.
7.4 Hidden or unforeseen conditions may result in additional charges. These may include:
• unsuitable foundations;
• unstable or defective walls, masonry or structures;
• concealed services;
• asbestos or contaminated materials;
• inaccurate setting-out;
• unexpected ground conditions;
• water ingress;
• defective existing equipment; or
• incomplete work by other contractors.
7.5 We will notify you if additional work becomes necessary.
7.6 Urgent work required to protect people, property or the Works may be undertaken where it is reasonable to do so, even where prior price approval is impractical.
CUSTOMER RESPONSIBILITIES
8.1 The Customer must provide:
• safe, lawful and uninterrupted access;
• suitable parking and unloading facilities;
• accurate information regarding services and hazards;
• suitable power and lighting;
• a clear working area; and
• welfare facilities where reasonably required.
8.2 Foundations, walls, piers, openings, supports, levels, ducts, drainage, cabling routes and work by other contractors must be complete, sound and correctly located before our attendance.
8.3 The Customer must disclose any known:
• underground or overhead services;
• asbestos;
• structural defects;
• access restrictions;
• neighbour, landlord or leasehold restrictions;
• planning conditions; and
• health and safety hazards.
8.4 Children, pets, residents, employees and visitors must be kept away from our working area, plant, stored materials and incomplete installations.
8.5 If the Site is unsafe or not ready, we may leave and arrange a return visit.
8.6 Reasonable abortive-visit, storage and remobilisation costs may be charged where the Site was not ready as agreed.
DELIVERY, INSTALLATION AND STORAGE
9.1 Delivery is complete when Goods are unloaded at the agreed location or made available for collection.
9.2 For installed Goods, risk normally passes to the Customer at Practical Completion.
9.3 If installation is delayed at the Customer’s request or because the Site is not ready, risk may pass when we notify the Customer that the Goods are complete and safely stored or delivered.
9.4 If the Customer cannot accept delivery or installation when reasonably offered, we may store the Goods and charge reasonable storage, insurance, handling and redelivery costs.
9.5 Supply-only Goods must be inspected promptly.
9.6 Visible transit damage or shortages should be reported within 48 hours where reasonably possible. This notification period does not remove a Consumer’s statutory rights.
OWNERSHIP OF GOODS
10.1 For Business Customers, ownership of the Goods will not pass until all amounts due under the Contract have been paid in full.
10.2 Until ownership passes, Business Customers must keep the Goods identifiable, protected, insured and in good condition.
10.3 Consumers’ ownership rights will be determined in accordance with applicable consumer law.
CANCELLATION AND POSTPONEMENT
11.1 If you wish to cancel, you must notify us in writing as soon as possible.
11.2 We will stop further avoidable costs and take reasonable steps to reduce our losses.
11.3 For Consumers, any amount retained or charged following cancellation will be limited to a fair amount reflecting:
• surveys, drawings and design work already completed;
• labour and fabrication already undertaken;
• bespoke materials ordered or committed;
• supplier cancellation or restocking charges;
• reasonable administration costs;
• reasonable storage and handling costs; and
• other direct losses resulting from the cancellation, less any costs saved or amounts reasonably recovered through resale or reuse.
11.4 If the deposit exceeds our fair and recoverable losses, the remaining balance will be refunded.
11.5 If our recoverable costs exceed the deposit, the Customer may be required to pay the reasonable shortfall.
11.6 Goods manufactured to the Customer’s specifications or clearly personalised are generally excluded from the statutory change-of-mind cancellation right.
11.7 This does not affect a Consumer’s rights where Goods are faulty, misdescribed or not supplied with reasonable care and skill.
11.8 Business Customers who cancel must pay for completed work, committed costs, reasonable administration and any legally recoverable loss of profit.
11.9 Postponement is subject to our written agreement and future availability.
11.10 We may invoice completed or committed work and charge reasonable storage and remobilisation costs where a project is postponed.
11.11 A materially extended postponement may be treated as cancellation after reasonable written notice.
COMPLETION AND SNAGGING
12.1 We will notify you when the Works reach Practical Completion.
12.2 Minor omissions or defects which do not prevent safe intended use will not postpone Practical Completion or payment.
12.3 Please notify us of visible snagging within seven days where reasonably possible.
12.4 We will investigate valid defects and arrange appropriate remedial work within a reasonable time, allowing for access, manufacture of replacement parts and supplier lead times.
12.5 You must give us a reasonable opportunity to inspect and remedy an alleged defect before instructing another contractor.
12.6 This requirement does not apply in a genuine emergency or where the law provides otherwise.
FINISHES AND CORROSION
13.1 Hot-dip galvanising, powder coating, paint, stainless steel and timber have natural and process-related characteristics.
13.2 These characteristics may include:
• vent and drain holes;
• zinc runs or ash marks;
• variations in texture or colour;
• reasonable welding distortion;
• visible seams;
• grain movement; and
• minor dimensional tolerances.
13.3 These normal characteristics will not constitute defects where the Goods remain suitable for their intended purpose.
13.4 Cut edges, drilled areas, site welds and fixing points may require local touch-up coatings.
13.5 Touch-up coatings may differ slightly from factory-applied finishes and will not constitute a defect where they are suitable and reasonably applied.
13.6 Protective finishes reduce corrosion but do not make metal maintenance-free.
13.7 Corrosion caused or accelerated by coating damage, coastal exposure, road salt, chemicals, animal urine, standing water, trapped debris, incompatible metals or failure to maintain the finish is not covered by our warranty unless caused by our breach.
13.8 Unless expressly included, colour matching is to a named standard colour and is not guaranteed to exactly match computer screens, printed samples, faded existing coatings or components produced in different batches.
AUTOMATED GATES, BARRIERS AND ACCESS CONTROL
14.1 Automated gates and barriers are safety-critical machinery.
14.2 Systems will be designed and commissioned based on the intended use and Site information supplied to us.
14.3 The Customer must not alter the gate, controls, safety zones, traffic levels, gate furniture or surrounding structures without obtaining a competent safety review.
14.4 At handover, the Customer must ensure all relevant users receive operating and emergency-release instructions.
14.5 Safety devices must not be bypassed, covered, removed or altered.
14.6 If a gate develops unusual noise, erratic movement, damaged safety edges, damaged photocells or any other safety concern, use should stop where it is safe to do so and the fault should be reported promptly.
14.7 Remote controls, keypads, intercoms, SIM services, Wi-Fi, telephone connections, networks and third-party applications may depend on infrastructure outside our control.
14.8 Unless expressly included, ongoing subscriptions, SIM charges, data charges and network services are the Customer’s responsibility.
14.9 The following are not defects in our work unless caused by our breach:
• power failure or electrical surges;
• lightning;
• flooding or drainage problems;
• ground movement;
• vegetation or pest damage;
• vehicle impact;
• vandalism;
• misuse;
• third-party alterations; or
• changes to the gate or surrounding Site.
14.10 We may refuse to install, reactivate or leave operating any automated system we reasonably believe is unsafe or non-compliant.
SERVICING AND MAINTENANCE
15.1 Automated gates, barriers and access-control systems must receive a competent safety inspection and service at least once every 12 months following commissioning.
15.2 More frequent servicing may be required because of:
• high levels of use;
• commercial or communal use;
• the Site risk assessment;
• the manufacturer’s instructions;
• environmental conditions; or
• requirements stated in the handover documents.
15.3 It is the Customer’s responsibility to book each service before it becomes due and retain the service records.
15.4 Unless included in the quotation or a maintenance agreement, servicing is chargeable and will not be booked automatically.
15.5 Failure to complete the required servicing may suspend or invalidate any extended Regency or manufacturer-backed warranty where the lack of servicing caused or contributed to the fault or prevented its timely detection.
15.6 Missed servicing does not remove a Consumer’s statutory rights or excuse a defect which is unrelated to servicing or maintenance.
15.7 Commercial owners and operators remain responsible for continuing risk assessments, routine user checks, staff instructions and keeping the system safe between services.
WARRANTY
16.1 Unless our quotation states a longer period, our fabrication and installation workmanship is warranted for 12 months from Practical Completion or commissioning.
16.2 Bought-in equipment and components are covered by the applicable manufacturer’s warranty, which may have different conditions and durations.
16.3 Warranty claims must be reported promptly with reasonable details of the fault.
16.4 The Customer must allow us reasonable access to inspect the alleged fault.
16.5 Where a valid warranty claim is established, we will repair or replace the affected work or component, or re-perform the affected service, within a reasonable time.
16.6 Warranty does not cover:
• fair wear and tear;
• batteries, bulbs, fuses and other consumables;
• cosmetic ageing;
• damage caused by lack of maintenance;
• unauthorised adjustment, repair or modification;
• misuse or overloading;
• accidental or malicious damage;
• unsuitable power or communications services;
• environmental damage;
• defects in existing structures or equipment; or
• faults caused by another contractor or third party.
16.7 Manufacturer warranty decisions are ultimately made by the relevant manufacturer.
16.8 Labour, travel, carriage or access-equipment costs associated with removing and reinstalling a manufacturer-warranted component may be chargeable where the manufacturer does not cover those costs. We will explain any charge before proceeding.
16.9 Our warranties are additional to and do not replace a Consumer’s statutory rights under the Consumer Rights Act 2015.
EXISTING WORK AND CUSTOMER-SUPPLIED EQUIPMENT
17.1 Where we connect to, alter or repair existing work, our responsibility is limited to the work we perform.
17.2 We are not responsible for a pre-existing defect or incompatibility which could not reasonably have been identified before work began.
17.3 Where the Customer supplies components or nominates a supplier, we are not responsible for the quality, suitability, availability or warranty of those products.
17.4 We remain responsible for exercising reasonable care and skill when handling or installing customer-supplied components.
DRAWINGS AND INTELLECTUAL PROPERTY
18.1 We retain copyright and all other intellectual-property rights in our drawings, designs, CAD files, calculations, templates, manufacturing methods and quotations unless expressly assigned in writing.
18.2 Once all amounts have been paid, the Customer receives a non-exclusive right to use project-specific drawings to operate, maintain and repair the completed Works at the original Site.
18.3 Editable CAD files, fabrication files and manufacturing information are not included unless expressly stated in our quotation.
PHOTOGRAPHY
19.1 We may take photographs of the Works for record-keeping, quality assurance and evidence purposes.
19.2 We will not publish photographs identifying a private Customer, precise domestic address, individuals, vehicle registrations or security information without consent.
19.3 Business Customers may object in writing to publication before completion of the Works.
LIABILITY
20.1 Nothing in these Terms excludes or restricts liability for:
• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of statutory title obligations;
• defective products under the Consumer Protection Act 1987; or
• any other liability which cannot legally be excluded.
20.2 For Consumers, we are responsible for foreseeable loss or damage caused by our breach of the Contract or failure to use reasonable care and skill.
20.3 We are not responsible for business losses suffered by a Consumer or losses which were not reasonably foreseeable when the Contract was formed.
20.4 For Business Customers only, we will not be liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill, production or use, or for indirect or consequential losses.
20.5 Subject to clause 20.1, our total liability to a Business Customer arising from a Contract will not exceed 100% of the net Contract price, unless a higher limit is expressly stated in the quotation or our insurance responds for a greater amount.
20.6 We are not responsible for loss, delay or additional expense caused by inaccurate Customer information, defective existing work, undisclosed services, failure to follow instructions or third parties outside our reasonable control.
DELAYS OUTSIDE OUR CONTROL
21.1 We are not responsible for delays caused by circumstances beyond our reasonable control.
21.2 These circumstances may include:
• extreme weather;
• fire or flood;
• war or civil disturbance;
• epidemics or public-health restrictions;
• industrial action;
• transport disruption;
• utility or network failure;
• material shortages;
• supplier or manufacturer failure;
• governmental action; or
• Site restrictions.
21.3 We will notify you and take reasonable steps to reduce the effects of the delay.
21.4 If such circumstances continue for more than 60 days, either party may terminate the unperformed part of the Contract by providing written notice.
21.5 The Customer must pay for work already completed and reasonable non-cancellable commitments, subject to applicable consumer law.
SUSPENSION AND TERMINATION
22.1 We may suspend or terminate the Contract after reasonable written notice if the Customer:
• materially breaches the Contract;
• fails to make payment;
• refuses or prevents reasonable access;
• makes the Site unsafe;
• becomes insolvent, where the Customer is a business; or
• insists that we undertake unsafe or unlawful work.
22.2 Termination does not affect rights which arose before termination.
22.3 The Customer must pay for Goods and Works already supplied, reasonable committed costs and other amounts lawfully due.
22.4 We will refund any advance payment which we are not legally entitled to retain.
CONSUMER COOLING-OFF RIGHTS
23.1 Where a Consumer contract is agreed online, by telephone or away from our business premises, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 may provide a 14-day cancellation period.
23.2 A service contract may normally be cancelled within 14 days of the Contract being formed.
23.3 Standard goods may normally be cancelled within 14 days after delivery.
23.4 Goods manufactured to the Consumer’s specification or clearly personalised are generally excluded from the statutory change-of-mind cancellation right.
23.5 If you want us to begin services during a statutory 14-day cancellation period, you must expressly request this in writing.
23.6 If you cancel after expressly asking us to begin, you must pay a proportionate amount for services supplied up to the date of cancellation.
23.7 If the services are fully completed during the cancellation period following your express request and acknowledgement, the statutory right to cancel those completed services may be lost.
23.8 To exercise a cancellation right, contact:
Regency Ironworks Limited
Unit 1, Selehurst Farm
Lower Beeding
Brighton Road
Horsham
RH13 6NQ
Email: info@regencyironworks.co.uk
Your cancellation notice should include your name, address, quotation or job number, the Goods or services being cancelled and the date of your notice.
COMPLAINTS AND DISPUTES
24.1 Please raise any concern promptly by contacting:
Email: info@regencyironworks.co.uk
Telephone: 01444 232755
24.2 Please provide the quotation or job number, details of the concern, photographs where relevant and the outcome you are seeking.
24.3 We aim to acknowledge complaints within five working days.
24.4 Both parties will attempt to resolve disputes through good-faith discussion.
24.5 Business Customers may propose mediation before commencing court proceedings.
24.6 Nothing in this section restricts urgent legal remedies, debt recovery, a Consumer’s statutory rights or the right to use the courts.
DATA PROTECTION
25.1 We process personal information to prepare quotations, administer and perform Contracts, maintain safety and warranty records, collect payment and comply with legal obligations.
25.2 Further information is available in our Privacy Policy.
25.3 Each party must comply with applicable data-protection laws.
GENERAL TERMS
26.1 Notices must be provided in writing and sent to the postal or email address shown in the quotation or most recently notified.
26.2 We may use competent employees and subcontractors to perform the Works and will remain responsible for their work as required by law.
26.3 The Customer may not transfer the Contract without our written consent, which will not be unreasonably withheld.
26.4 No third party has rights under the Contract except a legally permitted successor or assignee.
26.5 If any part of these Terms is found to be invalid or unenforceable, it will be removed or adjusted only to the minimum extent necessary. The remainder will continue in force.
26.6 A delay in enforcing a right does not amount to a waiver of that right.
26.7 The Contract is governed by English law.
26.8 Consumers may bring proceedings in any court permitted under mandatory consumer law.
26.9 For Business Customers, the courts of England and Wales will have exclusive jurisdiction.