TERMS AND CONDITIONS

Standard Commercial Terms and Liability Protection Clauses

For quotations, fabrication work, manufactured goods, steel structures, walkways, cat ladders, antenna brackets, mounting poles, gates, cages and related works

1. Acceptance of Quotation and Binding Contract

Acceptance of any Ironman Metal Fabricators quotation, whether given verbally, in writing, by email, WhatsApp, SMS, purchase order, signed acceptance, payment of a deposit, delivery of materials, site instruction, or any other tangible instruction to proceed, shall constitute a binding agreement between Ironman Metal Fabricators and the Customer.

The Customer confirms that any instruction to proceed, regardless of whether a formal purchase order has been issued, is sufficient authority for Ironman Metal Fabricators to commence procurement, manufacture, fabrication, delivery and/or installation. The Customer shall be liable for payment in full in accordance with the agreed payment terms.

No cancellation, postponement, variation or withholding of payment shall be valid unless accepted by Ironman Metal Fabricators in writing.

2. No “Pay When Paid” Arrangement

The Customer’s obligation to pay Ironman Metal Fabricators is direct, unconditional and independent of any arrangement between the Customer and its own client, principal, contractor, landlord, end-user or any other third party.

This transaction is expressly not a “pay when paid” or “pay if paid” transaction. If the Customer resells, on-supplies, installs, incorporates or otherwise provides the goods or works to a third party, the Customer remains fully liable to Ironman Metal Fabricators regardless of whether the Customer has been paid by that third party.

Non-payment, delayed payment, dispute, retention, set-off, rejection or default by the Customer’s own client shall not reduce, delay or extinguish the Customer’s payment obligations to Ironman Metal Fabricators.

3. Payment Terms

Payment terms shall be as stated on the quotation and may include payment upfront, deposit with balance on delivery, cash on delivery, staged payments, 30-day account terms, or any combination thereof.

Unless otherwise agreed in writing: goods manufactured to order may require a deposit before work commences; goods may be withheld until payment is received; delivery, collection or installation may be suspended where payment is overdue; ownership of goods remains with Ironman Metal Fabricators until paid for in full; and risk in the goods passes to the Customer upon delivery, collection, installation, or when the goods are made available for collection, whichever occurs first.

Ironman Metal Fabricators reserves the right to charge interest on overdue amounts and to recover reasonable collection, tracing, legal and administrative costs incurred in recovering unpaid amounts.

4. Custom and Manufactured Goods

The Customer acknowledges that many items supplied by Ironman Metal Fabricators are custom-made, site-specific, project-specific or manufactured to the Customer’s dimensions, drawings, specifications, samples, instructions or approved quotation.

Once accepted, the quotation may not be cancelled without Ironman Metal Fabricators’ written agreement. The Customer shall remain liable for all materials ordered, labour performed, design time, fabrication costs, subcontractor costs, transport costs and other expenses incurred by Ironman Metal Fabricators up to the date of any agreed cancellation.

5. Customer-Supplied Dimensions, Drawings and Specifications

Where Ironman Metal Fabricators manufactures or supplies goods based on dimensions, drawings, sketches, measurements, site information, specifications or instructions provided by the Customer or the Customer’s representative, Ironman Metal Fabricators shall be entitled to rely on that information as accurate and complete.

The Customer is responsible for checking and confirming all dimensions, site conditions, drawings, load requirements, connection points, access requirements and intended use before manufacture begins.

Ironman Metal Fabricators shall not be liable for defects, delays, rework, additional costs, installation issues or performance problems arising from inaccurate, incomplete or unsuitable information supplied by the Customer or any third party.

6. Existing Structures, Buildings and Support Conditions

Unless expressly agreed in writing, Ironman Metal Fabricators does not inspect, survey, certify, design-check or approve the structural adequacy, strength, integrity, condition or suitability of any existing building, wall, slab, roof, column, beam, foundation, support structure, anchor point or connection point to which Ironman Metal Fabricators’ goods or works are attached, fixed, mounted or installed.

The Customer is solely responsible for ensuring that the existing structure is suitable, sound and capable of safely supporting the goods, imposed loads, wind loads, live loads, access loads, vibration, equipment loads and any other applicable loads.

Ironman Metal Fabricators shall not be liable for any failure, movement, cracking, deformation, collapse, water ingress, detachment, injury, damage or loss caused wholly or partly by the failure, inadequacy, deterioration, poor construction, incorrect design, overloading or unsuitability of any existing structure, building element, support, substrate or attachment point.

Where structural adequacy is required, the Customer must obtain approval from a competent engineer or suitably qualified professional before installation or use.

7. Design, Engineering and Load Responsibility

Unless Ironman Metal Fabricators expressly states in writing that engineering design certification is included, Ironman Metal Fabricators’ quotation is for fabrication, supply and/or installation only, based on the information provided by the Customer.

Ironman Metal Fabricators does not accept responsibility for structural engineering design, civil design, architectural approval, municipal approval, building plan approval, load calculations, wind-load analysis, foundation design, fall-arrest compliance, access compliance, or certification unless specifically included in the quotation.

Where the item is safety-critical, load-bearing, elevated, attached to a building, used for access, used at height, or exposed to wind or dynamic loads, the Customer must ensure that the design, intended use and support structure are approved by a competent professional where required.

8. Use, Misuse and Unauthorised Modification

The goods supplied by Ironman Metal Fabricators must only be used for their intended purpose and within their intended loading, access and environmental conditions.

Ironman Metal Fabricators shall not be liable for any loss, damage, injury, failure or defect caused by misuse, overloading, poor maintenance, corrosion due to unsuitable environment, unauthorised modification, incorrect installation by others, removal and refitting by others, impact damage, abnormal weather events, vandalism, or use outside the agreed scope.

Any modification, cutting, welding, drilling, relocation, repainting, galvanising, reinstallation or alteration by the Customer or any third party without Ironman Metal Fabricators’ written approval shall void any workmanship warranty to the extent that such modification contributes to the defect or failure.

9. Limitation of Liability

To the maximum extent permitted by law, Ironman Metal Fabricators’ liability shall be limited to the repair, replacement or rectification of defective goods or workmanship supplied by Ironman Metal Fabricators, provided that the defect is reported in writing within a reasonable period and Ironman Metal Fabricators is given a fair opportunity to inspect and remedy the issue.

Ironman Metal Fabricators shall not be liable for indirect, consequential, special or economic losses, including loss of profit, loss of production, penalties, downtime, loss of contract, loss of income, third-party claims, reputational damage, delay damages or costs arising from the Customer’s own contractual arrangements with third parties.

Nothing in these terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

10. Inspection and Defects

The Customer must inspect the goods or works upon delivery, collection or completion of installation. Any visible defects, shortages, incorrect dimensions or concerns must be reported to Ironman Metal Fabricators in writing within 48 hours, failing which the goods or works shall be deemed accepted, subject to any rights that cannot legally be excluded.

Ironman Metal Fabricators must be given a reasonable opportunity to inspect any alleged defect before the Customer carries out repairs, alterations or replacement through another party. Ironman Metal Fabricators shall not be liable for third-party repair costs unless approved in writing beforehand.

11. Ownership and Risk

Ownership of all goods supplied by Ironman Metal Fabricators remains with Ironman Metal Fabricators until payment has been received in full. Until ownership passes, the Customer may not sell, pledge, encumber, alter or dispose of the goods without Ironman Metal Fabricators’ written consent, unless expressly agreed otherwise.

Risk in the goods passes to the Customer upon delivery, collection, installation, or when the goods are made available for collection, whichever occurs first.

12. Variations, Rework and Additional Costs

Any changes to the agreed scope, drawings, dimensions, material specification, finish, delivery requirements, access conditions, installation conditions or programme may result in additional charges.

Ironman Metal Fabricators shall be entitled to charge for variations, rework, waiting time, additional site visits, aborted installation, access delays, crane/lifting delays, incorrect dimensions, changes requested after manufacture has started, or any work outside the quoted scope.