Terms OF USE, COMMUNICATION AND SALE

Utility Metals UK Ltd – terms of sale and brokering services, use and
communication of this web site & for inquiries for quotation – R.F.Q.’s, offers ( quotations, estimates ),
orders, execution of orders, very important notes, advice, legal notes, link to privacy policy

PLEASE READ EACH PARAGRAPH OF THIS WEB PAGE, AS SOME TERMS APPLY TO MANY DIFFERENT CASES AND SOME TERMS ARE REPEATED THROUGHOUT THE DOCUMENT.: Where U.M. is stated it is understood that UTILITY METALS UK LTD is meant. U.M. is a company of dual role, acting as commercial agencies or acting as a trading company ( buying and reselling purchased goods ) headquartered in the U.K.. Where mentioned as “seller/supplier” is meant the company in the UK or outside the UK that has manufacturing unit(s) or the trading company or a company of commercial agencies or a company having a steel service center or a company that stores/distributes metallic products in the form of raw material or in another form. Where “producer” is mentioned, it is meant the company that manufactures products and sells them to other suppliers/sellers or buyers/customers. A very large number of companies dealing with metals worldwide has published similar web pages in their websites. U.M. wishes that all communications between the seller/supplier and all the communications between the U.M. and the buyer/supplier are of absolute clarity and also that U.M. does not wish any kind of potential misunderstanding. These are some of the reasons that it publishes these lines. U.M. wishes the best possible EXCELLENT SERVICE TO THE CLIENT AND ALL COMPANY’S EFFORTS ARE FOCUSED ON THIS SERVICE. All interested parties are advised from the U.M. to read and fully understand these lines, also to contact U.M. for any further clarification.

Requests for quotations / Price offers: All interested parties are advised to review frequently the text of this present web page, as changes to these lines are possible at any time. It is understood that U.M. has the absolute right to decline a request for quotation for cases it would be strongly believed that if U.M. would proceed to a price offer, it would not be competitive on prices. U.M. can decline also to quote for inquiries originating from countries that U.M. does not address to or from sanctioned countries from international organizations. U.M. does not appreciate non-serious inquiries ( this does not relate to the material quantity inquired ) that are done just for the sake of just having a general knowledge of a market price or for cases that the customer has never a plan to purchase a material anyway from any supplier. U.M. at no case can be held responsible for anything, in case it chooses to decline a request for quotation. U.M. can not be held responsible for a case that a supplier/seller declines a request for quotation for reasons known to the supplier and only.

Price Quotations / Price offers: In case of price quotations, it is fully understood that the offer – especially in cases where offers refer to production and not from inventory availability – for the time of delivery and the prices and in general for any part of the offer, is fully subject to the final confirmation of the supplier/seller, this is valid for both cases where U.M. acts as an intermediate or acts as a direct reseller of goods. U.M. is not obliged to inform the customer about the source of the offer. U.M. has the right to contact more than one source(s). If a customer insists in written form and only to and for U.M. to ask for a request of quotation to a specific source, U.M. should send the inquiry to the specific source in discussion. The offer by the U.M. is one complete unit. Any changes to its components ( such as price per unit, quantity, delivery time, and/or terms of payment etc. ) by the customer/buyer, releases the supplier/seller from all delivery time, and/or terms of payment etc. ) by the customer/buyer, releases the supplier/seller from all obligation(s) to supply the goods. In all offers by the U.M., availability of material(s) in an inventory of a supplier/seller is subject in prior sale and to final confirmation by the seller/supplier. Quotes and Incoterms: U.M. is clearly seeking to offer prices for materials with terms of delivery that relate to the international commercial terms of INCOTERMS 2020 as these terms are defined by the International Chambers of Commerce ( ICC ) in Paris, France. For the better monitoring of the order status, or for a mere provision of a quotation, U.M. can publish a specific and individual web page type. This is done for the better service of all the interested parties. If for any reason the supplier/seller or the buyer/customer does not wish the publication of the web page as stated on this current paragraph, he or she must do it in written to the U.M. within 24 hours from the publication of a/m web page.

Suitability of application: Customers are the only ones to ensure that the product(s) they inquire is ( are ) suitable for the application(s) they envisage for it.

Placing of Orders: In case where the buyer/customer appoints the order in a time frame work which is out of the limits of the offer validity, U.M. and the seller/supplier, may decline the order without any obligation or further explanation. U.M. strongly advises customer to place orders within the time frame of the offer validity. Suitability of materials: Customers/buyers are the only ones to ensure that the material(s) they request is (are) suitable for the application(s) they envisage or believe. By placing an order, the customer(s) consent(s) that he(they) are the only one(s) responsible for the suitability of the product(s) they chose in relation to the application(s) they envisage for it. For special orders customer(s)/buyer(s) has(ve) to be fully aware that the seller/supplier will execute orders to the specific demands of customers only. The price offer is the only basis of the order and changes in its terms by the buyer/customer ( such changes are in price per item, quantity, delivery time, credit, etc.) are canceling any obligations of the seller/supplier to supply the goods of the order. If the offered item(s) is purchased by the customer/buyer, the customer/buyer has to be fully aware that the final reconfirmation of the manufacturer/supplier is required for the same item(s). U.M. will not be responsible for cancellation/or rejection of the order by the manufacturer/supplier ( seller/supplier) and will not pay direct or indirect damages to the customer/buyer in relations with the order. Cancellation of an order by the customer/buyer due to the delays occurred in relation to the expected date of delivery of the materials will be transferred immediately from the buyer/customer to the U.M. and UM. in turn to the seller/supplier. However, it is up to the seller/supplier and only whether such a cancellation will be accepted or not and U.M. bears not any responsibility for that. U.M. can not be held responsible for the case it asks a SPIRE license from the HMRC and this is not given from the HMRC, not U.M. in this case can be asked for any possible compensation for any possible reason. Please note that U.M. would possibly apply to SPIRE only for orders relating to some NATO projects ( ie US, UK, German, French etc. ). It must be clearly understood that U.M. has absolutely no any interest in dealing with orders ( related to defense ) that are not part of NATO projects. Canceling an order or violating any other terms of order by the customer/buyer may cause total loss of material value and the customer will be obliged to compensate the seller/supplier there upon. For the better monitoring of the order status, or for a mere provision of a quotation, U.M. can publish a specific and individual web page type. This is done for the better service of all the interested parties. If for any reason the supplier/seller or the buyer/customer does not wish the publication of the web page as stated on this current paragraph, he or she must do it in written to the U.M. within 24 hours from the publication of a/m web page. U.M. can not be held responsible for the case a supplier declines to supply materials for cases of running out of stock, or for not being able to meet the agreed delivery time. In such cases U.M. may ask compensation from the supplier but it is not possible to know if and how fast the supplier will provide such compensation so in turn U.M. to compensate the customer with this amount and U.M. can not be held responsible for this nor for the possible extra banking expenses such a case would bring.

Delivering the materials: Any changes to its components ( such as price per unit, quantity, delivery time, and/or terms of payment etc. ) by the customer/buyer, releases the supplier/seller from all delivery time, and/or terms of payment etc. ) by the customer/buyer, releases the supplier/seller from all obligation(s) to supply the goods. In all offers by the U.M., availability of material(s) in an inventory of a supplier/seller is subject in prior sale and to final confirmation by the seller/supplier. Delivery day(s) are subject to the availability of goods by the seller/supplier and by final reconfirmation of the seller/supplier. Order Status: U.M. has the right to publish in the internet order status updates by using share URL’s that may mean that this information may be possibly be public to other parties. If the supplier or the customer may not wish the publication of such URL’s they must ask it in written from U.M. and U.M. will remove the public URL. These order status updates in public URLs exist for the better service of the customer. Delivery and location: It must be 100 % understood that the U.M. and for the case where products are destined to be delivered in the Greek territory, it may not have any warehouse, may not store or possess or may not ship any product. In some cases it may store in logistics warehouse or it may ship the goods by appointing a transport company. In the vast majority of cases however, the actions regarding the delivery of the goods are performed ONLY by the sellers/suppliers. In case of an order, by the customer, U.M. has the right to ask for the VAT number of the customer, which may be notified to the seller/supplier, especially for cases where the seller/supplier needs to perform himself or through another company a search for the financial reliability for the company ( customer/buyer ) which places the order. Delivery and transport companies: U.M. for the case it has to deliver in CFR or CIF location according to Incoterms 2010, may appoint transport companies for such deliveries. U.M. bears no responsibility for possible delays by the transport companies, or mistakes originating by the transport companies such as delivering by mistake to the wrong location, or delays caused by the drivers or damaged packaging caused during the transport. Please note that U.M. takes full attention to these matters and cooperates closely with the transport companies by providing as much as possible information to the transport company regarding packing, details on loading times, loading / unloading possibilities of the customer, loading and transport regulations that may exist abroad by the various nations or by the loading departments of the suppliers. Delivery dates and possible delays: Delivery dates indicated by the seller/supplier are only approximately. Delays in supply of the products by sellers/suppliers are possible and so is the land/sea/air/train/road transportation. Delays may exist in the releasing of the materials from the ports, the customs, warehouses. Delays in deliveries or supply of suitable documents for import to the customers may also occur from “force-major” such as earthquakes, pandemics, floods, other natural disasters, wars, terrorists’ actions etc. U.M. and the seller/supplier will not be responsible for delays in delivery dates, in relation to the expected delivery date; such delays are not occurred by the fault of the U.M. or the fault of the seller/supplier. Customers must take note that for cases of production, the estimated weight of the material at the time of offer may differ from the actual weight of the material actually produced. In such cases the seller/supplier has the absolute right to adjust accordingly on the Commercial Invoice the weight of the material which will be the actual produced one, therefore the amount invoiced will change as well and will correspond to the relation of price offered per Kg to the actual kilograms produced and invoiced.

Receipt of materials and return policy: Upon receipt of goods by the customer, the customer must immediately inform U.M. that the goods have been received. Upon receipt of goods by the customer, the customer must definitely check the received products and to state any potential complains or claim that relate to the goods condition, within 1 calendar day from receipt of the products. U.M. will convey such complains to the seller/supplier. U.M., under no any possible circumstance, can be held responsible for any possible damage or defects of prime quality products, such as hits, bended material, tolerances on straightness of products other than the specifications of the products require, tolerances on thickness other than the specifications require, distortions on surface, scratches on the product itself or on its packing. It must be absolutely clear that U.M. in case it acts as an intermediate agent or in the case it buys and resells the products, it buys from the seller / supplier the products “as they are” without having the possibility to check them. If there are any faults, these can be communicated to the supplier of U.M. but U.M. can’t guarantee that the supplier will compensate for possible claims with the full value or partial value of the Commercial Invoice, or that the supplier’s return policy would be to have the will accept to pick up the possibly fault products and replace them for brand new ones, or not replace them and return the commercial invoice amount to U.M. and U.M. in turn to send the amount of the commercial invoice back to the customer and U.M. can’t be held responsible for the a/m cases, inclusive for all possible extra costs incurred from the a/m cases such as storage costs, unpacking and repacking of goods and of possible replacement of goods, new packing for return of goods or new packing for possible replacement of goods, transport insurance costs for the return of possibly fault goods and insurance costs for shipment of new replacement goods, customs handling in export-import, transport costs for the possible return and new transport costs for the replacement of goods. For all the above U.M. can’t be held responsible to be asked by the customer for any possible compensation, it is only up to the supplier of U.M. or to the supplier of the customer ( in case U.M. acts as an intermediate ) for any possible compensation of replacement of goods. Please note the suppliers want to win new orders and they have quality departments, and packing / shipping / storage departments following strict procedures, to avoid the possibility to deliver faulty products, yet in the metal industry, in rare cases this can happen. Some suppliers and even U.M. may ask from the customer after the receipt of goods and after the customer has checked the good condition of the goods, to sign a document issued by the supplier or by U.M. stating that goods have been received in good order. Should buyer/customer refuses to pick up the goods from the warehouse of the supplier or refuses to receive the goods when these are shipped by the supplier/seller to the customer/buyer, U.M. bears not any responsibility and by all means is not liable for any compensation to the seller/supplier or to the buyer/customer. U.M. will try to keep the purchase terms indicated by the seller/supplier. Additionally Utility Metals can’t be held responsible for cases that the customer(s) will machine or treat the products and the material will be distorted such as to present cracks or breaks or if surface change in any way. Customers are strongly advised to read technical literature and follow strictly the instructions advised by the industry sector before machining or treating the products. Customers are advised that different production lots may pose difference shading on the surface or gloss of the products in color or in grinding/satin/brushing, in stainless or aluminium or galvanized or other materials , and differences on the surfaces between samples and actual production is by all means possible. Occasionally differences on the shading on the surface on the color, shading, gloss, reflection, are possible even on the same production lot. If customers wish material deriving from only one production lot, they must state it clearly and in written during the placement of the order. Also the buyer/customer must confirm immediately that the U.M. has received such a complain or claim in a written form with fax or electronic form. U.M. will notify such potential complains to the seller/supplier and the U.M. will have an absolute right to check on its own the nature of the problem, also to take pictures or videos of the problem. U.M. in turn will send such pictures/videos to the seller/supplier. Certificates: U.M. cannot be held responsible under any circumstances for the failure of a supplier/seller to present to the buyer the appropriate production certificates or Certificates Of Conformity ( 3.1.’s ορ 2.2’s or 2.1’s or C.O.C.’s, Rohs or other cert tests ). Additionally U.M. can’t be held responsible for the case that the statements on the product certificate do not match with the size, optical, chemical, mechanical composition of the delivered product(s). U.M. can’t be held responsible for the case that the buyer of the product, or the customer(s) of the buyer, disagree(s) with the statements on the product certificate. It is not the responsibility of the U.M. or of the supplier(s) of U.M., to explore or find or buy further information on standards and explanations of them, it is not also responsibility of the supplier. Customers are urged to ask the product certificates for examination and review prior the shipment or packing preparation of the products in the warehouse of the supplier of U.M. yet this can be valid only for long term existing customers. In a case that an order is executed in a normal way and finally the materials of the order are delivered in a port or warehouse of a transport company or wherever the delivery has been agreed ( between the buyer/customer and the seller/supplier ) according to the international commercial terms INCOTERMS 2020 and the delivery place is the place that the Commercial Invoice states, but the customer/buyer does not pick up the materials, then the U.M. and/or the seller/supplier have the right of an immediate compensation claim from the customer/buyer. U.M. can not be held responsible for the possible cases there are delays in the customs procedures in points of entries-exit of goods in borders and can’t be held responsible for possible extra costs incurred in such delays. It is an absolute obligation of the customer to ensure that he/she provided all possible information to the U.M. for the proper importation of goods through local customs in the country of the customer ( ie local regulations regarding information to be stated on the invoice, packing requirements, marking requirements etc. ).

Payments of Commercial Invoices: For the cases that U.M. acts as an intermediate between seller/supplier and customer, under any circumstances, U.M. bears no responsibility for the payment by the customer or the time that this payment is effected and the present mentioned payment relates to order(s) of the customers/buyers to the sellers/suppliers. It is clear however that the U.M. will assist ( and to the extend that U.M. can assist ) so as the customers/buyers are absolutely punctual to their obligations against the seller(s)/supplier(s). The customers/buyers are advised and kindly asked to be always absolutely punctual in their financial obligations and for the entire sum that relates to the order(s) against the sellers/suppliers but to be also absolutely punctual for the time that they have to realize these obligations. The final way of payment for one or more orders from the customer/buyer to the seller/supplier is a choice of the seller/supplier and NOT of U.M. The terms of payment are agreed before the execution of the order from the seller/supplier and the customer/buyer through the signature by the customer/buyer, of the relevant Proforma Invoice or the signature of the Order’s confirmation as this is issued by the seller/supplier. Also in a case where a seller/supplier declines to sell to the customer/buyer with payment terms “open credit’, U.M. bears no responsibility. In case that the invoicing by the seller/supplier takes place to a currency other than the Euro and the date of payment of the order from the buyer/supplier to the seller/supplier the other than the Euro and the date of payment of the order from the buyer/supplier to the seller/supplier the international parity of currencies between the Euro and the before mentioned other currency ( with which the invoicing has taken place ) change, then the customer/buyer will pay according with the new parity. Of course U.M. and the seller/supplier are not responsible for any change of parity between the Euro and other international currencies. For this reason, the customers/suppliers are advised to ask for request for quotations in Euro, also invoicing to take place in Euro. Under any circumstances, U.M. will not accept the payment from the customer/buyer that must be given to the seller / supplier for one or more orders to be realized towards the U.M.. Payments for the cases U.M. acts as a broker are effected from the customer/buyer to the seller/supplier and only. For the cases that U.M. acts as a reseller and sells to the end user by buying from other suppliers and regarding payments, there can be delays in the amount paid by the customer to reach Utility Metals bank account, or this amount to reach the suppliers, such delays are often caused by banks and their procedures and Utility Metals UK Ltd can not be held responsible for such delays. In all cases, Utility Metals UK Ltd, can not be held responsible in case of confiscation of the amount paid by a customer for the purpose of purchasing products, such confiscation deriving from private companies or government authorities, or financial institutions, suppliers of payment gateways, suppliers of merchant accounts, Greek or other and Utility Metals can not be held responsible for such confiscations, nor can compensate, nor is responsible to compensate for such confiscations. Utility Metals UK LTD is fully eligible to use for its payments , ones received from customers, or ones sent to suppliers, to use proxy payment services, international payment gateways such as paypal etc., and may request for payments from customers different currencies than Euro or may pay suppliers different currencies than Euro.

Import Duties: Also in a case of an import from a third country ( non- European Union ) and in case that the origin of the products is from a country that does not belong to the European Union, then there is a possibility the European Union to impose duties on the present mentioned imported products. There is also the rare case, to an imported product with origin non European Union, the impose of duties or not, or the level of its duties, to change from the European Union ( in higher or lower levels ) during the time interval from the date of offer till the date of the import in the destination E.U. country customs. For cases that the customers/buyers intent to import from a seller/supplier that is based in a country outside the European Union, they are strongly advised to contact with their customs broker of their choice. U.M. also it self would be pleased to provide advises for such matters too, but, always be aware that the customs broker of the buyer/supplier bears excellent knowledge in these matters and he/she is the one that customers/buyers should receive advises from.

Insurance of transport of goods: In case of an execution of the order under the international commercial terms INCOTERMS 2020 and in cases where the insurance of the goods and of the transport of the goods is not a responsibility of the seller/supplier ( such as EXW, FCA, CFR etc. ) customers are strongly advised to check with a local insurance company and to insure the products and the transport of the products against all risks. For the insurance of the goods or the insurance of their transport and under any circumstance, U.M. is not held responsible.

Data Communication and transfer: Important note: For all the communications of the U.M. with the suppliers/sellers or the buyers/customers and for all the electronic correspondence, or talks by standard phone or mobile phone or voip, or chat conversations, fax or e-mail, all interested parties are noted that the a/m communication is intended only for the use of the individual or entity to whom it is addressed and contains information that is privileged and confidential. If (an) individual(s) is(are) not to be the intended recipient(s), please notify the sender (U.M.) by return and this individual(s) should not keep, disclose or copy such communication. U.M. does not guarantee the accurate and complete transfer of the contents of the written communication by e-mail or fax or phone, mobile, landline or voip, nor the receipt in time thereof. U.M. cannot guarantee that the emission/transmission of its e-mails/faxes and web site or part of it, is free from viruses or that it is transferred without infringement or intervention of a non-authorized third party. Reproduction of text and/or images/photos/logos, in part or in full of the current webpage and in any or all of its web pages, in written or in electronic form, without prior written and stamped/signed consent by the UTILITY METALS is fully and strictly prohibited.

Terms and conditions of the sellers / suppliers. Differences and disagreements: FOR INQUIRIES, ORDERS, EXECUTIONS OF ORDERS THE TERMS OF THE SELLERS/SUPPLIERS ( THE ONES SUPPLYING THE CUSTOMER DIRECT AND U.M. ACTS AS AN INTERMEDIATE AND THE ONES SUPPLYING U.M. AND U.M. THEN SUPPLIES/INVOICES THE CUSTOMER ) ARE THE ONES VALID, INCLUSIVE THE CASE THAT THE UTILITY METALS IS THE SUPPLIER / SELLER AND THE TERMS AND CONDITIONS OF THE BUYER WILL NOT BE RECOGNIZED BY THE SELLERS / SUPPLIERS and the customers/buyers are strongly advised to ask for them, however, for differences between the seller/supplier and the customers/buyers, U.M. can never and from anybody and under any possible circumstance be asked for any potential compensation. If a customer/buyer after having received a price offer from the U.M. and wishes to place an order to the U.M. but does not agree with a term or condition that is stated in the above lines, he/she should state these reasons in written to the U.M. and should come in communication with the U.M. Any differences are to be solved in an amicable manner, in a contrary case the court bound to solve any differences among the interested parties is the court that the terms and conditions of sale derived by the seller/supplier, specify. UTILITY METALS can’t be held responsible for cases that the customer or a supplier will believe that his ego or commercial or personal reputation has been damaged, or if a customer feels has suffered moral damage. If any customer or any supplier disagrees with anything written on this present web page, then HE / SHE SHOULD NOT PROCEED with trade transactions with UTILITY METALS UK LTD.

advice: Regarding advice, It is naturally impossible for the U.M. to publish all of them in its web sites.
For further advise, please don’t hesitate to contact UTILITY METALS UK LTD.
Notice: The present text is in Lato, text size 12 of Google Sites
UTILITY METALS can not be held responsible in the following cases:
– in the case you can not see clearly all the web site of UTILITY METALS or part of the site
– for potential typing mistakes in its web site such as typing, text, reproduction.