TERMS & CONDITIONS
Trading Terms and Conditions
We don’t believe in ‘small’ print so our terms are listed in readable large font.
You are strongly advised to read our Terms and Conditions of Business prior to placing your order.
If you have any questions relating to such, please email email@example.com
1. Unless otherwise stated in writing by ourselves, orders are only accepted on the following terms and conditions. Where these terms and conditions are contrary to any stipulations of the buyer’s terms and conditions the following are deemed to have been accepted by the prospective buyer and take precedence over all other terms and conditions as governed under English Law.
2. Written quotations, online prices and brochure prices are subject to our written confirmation on receipt of the buyer’s order and no contract shall be concluded until such written confirmation is given prior to commencement of manufacture.
3. Our standard workshop rate for fabrication is £40 per hour. Trade rates are negotiable. Please ask for details.
4. All prices are nett, ex delivery costs. For exports any customs, duty or local tax will be the responsibility of the buyer.
5. Bespoke / Custom Work.
A 25% (£50 minimum) non-refundable deposit is required for any Custom Work. Please read clause 24 for our cancellation policy. We do not offer any static warranty period for custom work. We will, however, work with yourself to rectify any issues that may arise after the work has left our premises. Please read clause 17.
6. Workshop Storage.
Vehicles stored within our workshop that are mobile but we are unable to enter or move due (such as not having the keys in our possession) will be chargeable at a £5 per day rate. Maximum chargeable rate will be no more than £25 a week. Charges do not apply for vehicles if we have the keys and therefore means to move the vehicle in and out of our workshop to suit or day to day workshop movement needs. Charges also do not apply to vehicles that are immobile as a result of work being carried out on them.
Vehicle and Part Release.
No vehicles or parts to be removed from the premises until all bills are settled in full. Part payments can be taken towards clearing the final debt. However under NO CIRCUMSTANCES will the vehicle, parts, repair items or custom parts be released from the premises until monies owed are paid for in full and final settlement.
7. The right is reserved to amend prices without prior notice to cover additional costs of any increases in materials, services, labour, tax or duty which we may incur between confirmation of order and delivery of the order. Wherever possible reasonable notice will be given.
8. Clients with proven credit trading facilities will be invoiced after dispatch of goods on 15 days account settlement from date on invoice. BrookFab operates a late payment penalty currently £1.00 GBP per day backdated to date of invoice. Any extra costs or expenses incurred in recovering overdue accounts will be added to the account and recovered as part of the debt.
9. Prospective buyers with no credit trading facilities will be required to make payment in full by either cash or BACS direct payment in our bank account. At our discretion credit trading facilities may be granted to such Limited companies after a credit report is obtained from Experian.
10. Dimensions quoted are approximate and may vary by 5%+/-. For all bespoke goods, the buyer will accept and pay for any variation. All colours, materials, tolerances and the like seen by the buyer our brochure, website, descriptions or other samples are deemed to be approximate only unless otherwise agreed we might make reasonable variations in the manufacture of the goods.
11. We shall not be liable for loss arising to the buyer from delay or failure arising from an act of God, war, civil disturbance, terrorist act, riot, industrial action or dispute, natural calamity, non-availability of materials, controls, restrictions or prohibitions of government or any other competent authority, fire, flood, sabotage, breakdown of plant or machinery or any other causes beyond our reasonable control.
12. All lead times for delivery are approximate which you will be notified of upon confirmation of order. Lead-times given will not include week-ends or any UK Bank Holidays. Please be aware BrookFab is a working shop and as such on top of booked in work we also get walk in trade. If you require a product urgently please advise in writing at time of order and we will acknowledge a deadline date to suit. Lead time for bespoke / custom work will be quoted for. We reserve the right to dispatch orders in instalments and recover payment for each instalment delivered as if it were a separate order. In the case of goods dispatched by instalments, the buyer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery of any one instalment, as a repudiation of the whole contract. If on delivery there is a variation in quantity by up to 10% of the numbers ordered, it is agreed such a variation shall be so slight as to make it unreasonable for the buyer to reject the delivery.
13. If the buyer fails to collect or give delivery instructions or take delivery within 10 working days of being notified the goods are ready for collection or dispatch we shall (without prejudice to any other rights or remedies available to us) be entitled, but not bound, to store the goods at any available place at the buyer’s expense and such expense will be added to the cost of the goods.
(a) The risk of loss or damage to the goods or caused by the goods passes to the buyer upon delivery to the carrier or leaving our premises (whichever is the sooner) but title in the goods will remain vested in BrookFab and shall only pass from BrookFab to the buyer upon full payment being made by the buyer of all sums due on whatsoever account or grounds to us by the buyer. In the event of the goods, whilst any such sums due as aforesaid, the buyer shall be the trustee for BrookFab of the proceeds of such sale or to the claim for such proceeds and the buyer shall place such proceeds in a separate account. Nothing herein shall constitute the buyer our agent for the purpose of any sub-sale.
(b) The buyer agrees prior to the payment of all sums due to BrookFab on any account, we may at any time enter the buyer’s premises and remove the goods there from and prior to such payment the buyer shall keep such goods separate and identifiable for this purpose. Once removed we may sell the goods to recover all sums due to us and we will return any balance to the buyer but we may pursue the buyer for any shortfalls as if it were a debt.
(c) In the event of the goods becoming constituents of or being converted into other products whilst sums are due as provided in sub-condition (i) hereof we shall have the ownership and title to such reasonable proportion of the other products as if they were the goods and accordingly sub-condition (ii) and (iii) hereof shall so far as appropriate apply to such other products subject the buyer’s right to the surplus of any monies realised by the said goods over those due to us provided herein. (d) In the event of the goods, or any products they become commingled with, being attached to any land the buyer acknowledges they shall not thereby become fixtures and fittings and they may be removed.
14. We and the courier must be informed in writing (i) within 5 working days of the buyer’s receipt of our invoice if the goods have not been delivered and (ii) immediately in the event of any deficiency or damage to the goods which was evident (or would have been had the buyer examined the goods) upon delivery, and in the case of the courier by noting such deficiency or damage on the consignment note. Otherwise within 3 working days of arrival of the goods giving full details of the loss or damage / failing which we will not be liable for any loss or damage to the goods during transit.
15. Failure to make due payment in respect of deliveries or instalments under this or any other contract between the buyer and BrookFab shall entitle us to delay, suspend or cancel any and all deliveries in whole or in part at our option.
16. Unless notified in writing prior to dispatch the buyer will be liable to any additional charges arising from attempted deliveries during the normal working day if wrong delivery details are given, the postcode is incorrect, works are closed or we are unable to obtain a signature.
17. PLEASE READ CAREFULLY. THIS CLAUSE IS IMPORTANT.
These clauses define the buyer’s rights in respect of loss or damage caused to the goods. The buyer is advised to read them carefully (the provisions of this clause do not affect the inalienable statutory rights of a consumer not acting in the course of business)
a) The buyer shall inspect the goods upon delivery. Goods signed for and then found to be in any way damaged, shall not be repaired, replaced or refunded and still be liable for payment in full. It is the responsibility of the buyer or his acting agent to inspect goods prior to signing received in good condition.
b) We will as regards goods manufactured by BrookFab make good at our option by repair or replacement any defects therein due solely to defective workmanship or materials which are notified to us: In the case of any defect discoverable upon reasonable examination such a notification must be made within 10 working days from date of delivery, and in the case of any defect not discoverable upon reasonable examination such notification must be made within 10 working days from the date such defect is actually discoverable and in any event with 2 months of delivery provided that
(i) The aforesaid obligations on our part shall not extend to defects caused by the buyer or its employees or agents’ wilful damage, negligence, incorrect storage, application, movement or installation (other than by ourselves or agents) or defects caused by fair wear and tear and
(ii) We are given reasonable opportunity following the above notification of examining the relevant goods.
(c) BrookFab will make good any item manufactured by BrookFab which is found to be defective or needing modifying. Under no circumstances will BrookFab be liable or held accountable for any remedial modifications taken to a 3rd party. Any warranties and guarantees will be null and void for such works not done by BrookFab.
18. Manufactured Products. All manufactured products are supplied with a limited 1 years warranty from receipt of delivery / collection date. The warranty only covers fracture in any weld due to a manufacturing error. Our products and manufacturing processes go through a harsh destructive test before being placed into production to ensure high quality. Any fractures caused by impact or accidental damage are not covered. BrookFab products are designed for motorsport use, they are not suited for ‘slammed/stanced’ vehicles. No paint or powder coating is covered under warranty. Whilst we do our best to ensure a good quality finish, we cannot account for excessive corrosion due to traffic film – especially due to salted roads during the winter months.
19. Exhausts and Manifolds. BrookFab offer a 2 year warranty on all their exhaust products. Warranty is limited to the original buyer / purchaser only and is not transferable if the vehicle is sold. Warranty covers repair only, and not replacement. The cost of shipping the item to us is the responsibility of the customer. Repair and return shipping costs is the responsibility of BrookFab.
20. We take no responsibility for the infringement of any patent or copyright or registered design or trademark of any third party in the execution of the buyer’s instructions and it is the buyer’s entire responsibility to obtain any necessary licences or permissions and the buyer hereby agrees to indemnify us against all claims, actions, proceedings, costs and losses out of such an infringement
21. Proofs / drawings / visuals produced by BrookFab are copyrighted. You are NOT permitted to have them reproduced or given to a third party without prior written consent as this infringes our rights which are protected by law and constitutes a breach of our legal rights and financial remuneration will be sought. These can be supplied upon request after receipt of written confirmation of order. These are subject to two (2) amendments at no extra charge. Further amendments to the design and layout will be chargeable at £40p/h or a minimum flat fee of £30 per proof. Visuals and full proofs can be supplied prior to order at £100 per proof which would be refundable in the event of a confirmed order.
22. Permission to use images on our website is granted to BrookFab unless we are notified in writing either prior to placing your order or within 60 days of you having received your order. By placing your order with BrookFab you are deemed to have read and accepted these terms and conditions of business.
23. BrookFab, at our discretion, will be entitled to terminate all or any of our contracts with the buyer forthwith and recover all expenses, losses and damage resulting to us including (but without limitation to) loss of profit or other consequential loss if:
a) The buyer has a bankruptcy petition presented against him or a bankruptcy order is made,
b) The buyer makes or seeks to make any composition or arrangement with his creditors,
c) The buyer makes a proposal to his creditors for a voluntary arrangement or applies for an interim order (within the meaning of Section 286 Insolvency Act 1986)
d) An encumbrancer takes possession of any of the buyer’s assets, or any of the buyer’s property is taken in execution or process of law.
e) A petition is presented or an order is made or a resolution is passed for the winding up of the buyer
f) A petition is presented or an order made for an administration order to be made in relation to the buyer
g) The buyer’s directors make a proposal for a voluntary arrangement with the buyer’s creditors
h) The buyer is unable to pay its debts (within the meaning of Section 123 Insolvency Act 1986)
i) A receiver or an administrative receiver is appointed over any of the buyer’s assets
j) The buyer fails to make any payment owed to us on the due date
k) The buyer fails to take delivery of or collect the goods within fourteen days of being notified by us or our courier they are to be delivered or are ready to be collected, or
l) The buyer is in breach of the terms and conditions of any contract with us (including breach of these conditions) and shall fail to remedy the same within twenty-one days of notice specifying the breach and requiring remedy (if the breach shall be remediable)
24 CANCELLATION OF ORDERS.
(i) Orders cancelled from placement of order and prior to the start of production will be charged a cancellation fee of £50.00 to cover admin and works involved.
(ii) Orders cancelled after this time but BEFORE work has commenced will be charged 50% of the nett order value.
(iii) Orders cancelled once work has commenced will be charged at full cost.
(iv) Stock Items. Can be cancelled prior to postage at no charge.
25. Return of NON-BESPOKE / CUSTOM goods shall be at the buyers own expense. Any refunds due will be less the postage charge unless in the case of damaged goods or at the discretion of BrookFab. Upon receipt of return, monies will be refunded within 5 working days. We strongly suggest goods are returned via some recorded delivery means as we will not be held accountable for the loss of goods being returned. If goods are being exchanged they must be returned in a saleable condition. None re-saleable items will be charged for in full. Return postage of exchanged items will be at the buyer’s expense. Before ANY good are returned please email firstname.lastname@example.org
26. Repairs. BrookFab repair all our own work, when and where possible, free of charge. Return postage of repaired goods is at the client’s expense and must be paid before repaired goods are returned.
27. This contract is governed by The Law of Northern Ireland. Any dispute arising out of or in connection with this contract shall be determined by the Northern Ireland Court Service.
28. In the event of any part of these conditions being ineffective for any reason, the remainder thereof shall constitute the conditions binding upon the parties.
29. These Terms and Conditions of Sale supersede any other terms and conditions of business which have hitherto been operative.
This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
We know that there’s a lot of information here, but we want you to be fully informed about your rights, and how BrookFab uses your data; for example, we will explain things such as our data storage procedure, and how we combine data across BrookFab to keep your information secure.
We hope the following sections will answer any questions you have but if not, please do get in touch with us.
It’s likely that we’ll need to update this Privacy Notice from time to time. We’ll notify you of any significant changes, but you’re welcome to come back and check it whenever you wish.
What and who is the company.
BrookFab is a small automotive fabrication business based in Northern Ireland, UK.
The company partners with other UK / European companies in order to manufacture our products.
Explaining the legal bases, we rely on:
We collect data for specific situations and process it with consent.
Example:you may tick a box to receive email newsletters.
When collecting this personal data, we will always make it clear why we need to collect the personal data.
In certain circumstances, we need your personal data to comply with our contractual obligations.
Example: When placing orders over the phone or via email we will need to collect your Name, Address, Telephone number and email address and pass them our delivery service.
We may need collect and process your data if the law requires us to.
Examples. We would need to pass on your personal details to the authorities if you was connected with Fraud or Criminal activity affecting law enforcement.
In specific situations, we require your data to pursue legitimate interests in a way which might reasonably be expected as part of running our business. This does not impact on your rights, freedom or interests.
Examples. Like your Business Name, Address, email address and telephone number to send you invoices for services carried out.
How we collect your personal data.
Example. The process we use to collect the personal details are:
A Database is used to store such as your contact details and order details.
A cloud based secure calendar is used for booking appointments.
Email is used in a secure cloud app for storing information about contract details.
Photographs maybe used to record information about site details in relation to contracts.
CCTV (Includes images) could be stored on external secure devices from CCTV equipment while supporting clients with recovery of CCTV Footage at the request of our clients.
What personal data do we collect?
Your name, gender, date of birth, address, email and telephone number. For your security, we’ll also keep an encrypted record of your login passwords for all platforms of hardware, software and web based solutions that are hosted by us or other solution partner providers.
Copies of documents you provide to prove your age or identity where the law requires this, (including your passport and driver’s licence). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.
Here’s how we’ll use your personal data and why:
To protect our business and your business from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard your accounts. We’ll do all of this as part of our legitimate interest.
To protect our clients, premises, assets and Partners from crime, we operate CCTV systems in our business premises and car parks which record images for security. We do this on the basis of our legitimate business interests.
With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text, telephone and via our offices about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on.
Your details may need to be passed to a third party to supply or deliver the product or service that you require, and we may keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds, guarantees and so on.
Combining your data for direct marketing.
BrookFab does not currently use direct marketing. This section of the policy maybe updated in future to include Offers and promotions that are most relevant to your interests at particular times.
How we protect your personal data.
Data security matters to us. We carry out every step to ensure your data is protected.
We use data encryption both local and cloud technology.
We secure access to all transactional and user areas of our websites and partners websites using apps and using ‘https’/”SSL” technology.
How long do we keep your personal data for?
Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected.
At the end of that retention period it will be destroyed so it cannot be identified in any way.
Tax data: 6 years plus current year
Sales and Credit notes: 6 years plus current year
Login and user information: For as long as you are client of BrookFab
Data will be deleted with notice and period will be agreed with the client and BrookFab.
Who do we share your personal data with?
We sometimes share your personal data with trusted third parties.
Internal technical staff who support our website and other business systems.
Direct marketing companies that help us manage our electronic communications.
Data backup companies who help us backup off-site using encrypted methods.
For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.
We may, from time to time, expand, reduce or sell the Partnership and this may involve the transfer of divisions or the whole business to new owners. If this happens, your personal data will, where relevant, be transferred to the new owner or controlling party, under the terms of this Privacy Notice.
We use the following government departments, organisations and companies who will process will process your personal data as part of their contract with us:
Microsoft UK and USA
The Post Office
Where your personal data will be processed.
Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA), such as Australia or the USA.
This may be necessary to complete an order with one of suppliers / Partners.
What are your rights over your personal data?
You have the right to request:
•Access to the personal data we hold about you.
•The correction of your personal data when incorrect, out of date or incomplete.
•For example, when you withdraw consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end (such as the end of a warranty).
•That we stop using your personal data for direct marketing (either through specific channels, or all channels).
•That we stop any consent-based processing of your personal data after you withdraw that consent.
•Review by a Partner of any decision made based solely on automatic processing of your data (i.e. where no human has yet reviewed the outcome and criteria for the decision).
You have the right to request a copy of any information about you that the Company holds at any time, and also to have that information corrected if it is inaccurate.
Company contact details:
11 Leapoges Road
If we choose not to action your request we will explain to you the reasons for our refusal.
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
Contacting the Regulator
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can’t be responsible for the content of external websites)
We hope you find this Privacy Notice helpful in the way we handle your personal data and the rights you have to control it.
If you have any further questions please contact us and we will be pleased to help you.
Email us at email@example.com
BrookFab, 11 Leapoges Road, Dromore, Co. Down, BT25 1EQ
Noticed updated 29/08/2020