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Terms and conditions

Terms of use - Website

Your access to, and use of, this site is subject to these terms and conditions and all applicable laws. On accessing this site, you accept the following terms and conditions, without limitation or qualification.

Unless otherwise stated, the contents of this site including, but not limited to, Sims Metal Management's name and logo, the text, images and their arrangement are the property of Sims Metal Management and must not be altered in any way nor copied for use in other sites or publications, without the written consent of Sims Metal Management. All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this site will be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Sims Metal Management or any third party. This site and the content provided in this site, including but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Sims Metal Management , except that you may download, display, and print out a copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary interests.

This site and its contents are provided "as is" and Sims Metal Management makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. Sims Metal Management expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will Sims Metal Management be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site, service, link to, or any copying, displaying, or use.

Sims Metal Management maintains this site in the United States and you agree that these terms of use and any legal action or proceedings relating to this site shall be governed by the law of the United States without reference to its choice of law or rules. If you attempt to bring any legal proceedings against Sims Metal Management, you specifically acknowledge that Sims Metal Management is free to choose the jurisdiction of our preference as to where action against us may be brought. As you have agreed by using this site to choose the laws of the United States to govern any such proceedings, we will probably choose to defend any action in the United States but we make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of those laws. Any information submitted by you through this site is deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit that information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

Sims Metal Management Ltd. All rights reserved.

Terms and conditions - Sale of used/refurbished goods

IMPORTANT INFORMATION

It is important that you read these terms and conditions carefully. Together with our privacy policy (referred to below) they govern our relationship with you in relation to your purchase of goods from us (“Goods”). If you have any questions about them or do not wish to accept them, please contact our sales team either by email at SLS.Product.Sales.uk@simsmm.com or by telephone on 01387 723 000 before placing your order.

You may have other rights granted by law, and these terms and conditions do not affect these.

OUR DETAILS

We are the Lifecycle Services division of Sims Group UK Limited, a company registered in England and Wales at Companies House. Our registered office is Long Marston, Stratford upon Avon, Warwickshire, CV37 8AQ and our registered number is 03242331. We operate from Irongray Business Park, Lochside Industrial Estate, Dumfries DG2 0NR. Our VAT number is GB 655 1327 44.
GOODS

UNLESS STATED OTHERWISE, THE GOODS SOLD BY US ARE PRE-OWNED AND PRE-USED GOODS AND, AS SUCH, MAY NOT CONFORM TO THE SAME STANDARD AS BRAND NEW PRODUCTS. THEY ARE, HOWEVER, REFURBISHED OR REPAIRED.

Whilst we use our best efforts to ensure their accuracy, all pictures, illustrations, details and specifications in any marketing material are issued or published for the sole purpose of giving an approximate idea of the Goods. They will not form part of the Contract (as defined below) and this is not a sale by sample.

HOW YOUR CONTRACT WITH US IS FORMED

When you place your order, this is deemed to be an offer by you to purchase the Goods specified in the order, at the price specified in the order, and upon these terms and conditions. We may acknowledge receipt of your order by email or other written means. This is not an acceptance of your order.

All orders are subject to acceptance by us and we will confirm our acceptance of your order by sending you a pro-forma invoice (“Acceptance Confirmation”). The contract between us for the purchase of Goods is not formed until we confirm that we have accepted your order by providing an Acceptance Confirmation (“Contract”). The Contract will only relate to the Goods listed in the Acceptance Confirmation.
If you discover you have made a mistake with your order please contact our sales team on (details provided above) immediately. If possible, please do this before we confirm your order. We are unable to rectify mistakes after this time, although you may still have the right to cancel as described below.

Prices are checked regularly. However, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed. In addition, if the Goods that you have ordered are no longer available, we may offer you substituted Goods of a similar nature and quality. Again, in this case, we will contact you and ask if you wish to proceed. In both cases, if you confirm that you do wish to proceed, please remember that we will still not be under an obligation to supply the Goods until we have confirmed that we have accepted your order.

By placing your order you allow us to use your personal details for the purposes of supplying Goods (including passing your details on to couriers and other subcontractors for the purpose of supplying Goods). We may also use your details for any purposes you may have consented to when you provided your details (details of our privacy policy are available on request).

PAYMENT

The price for the Goods will be the price specified in our Acceptance Confirmation. Unless we agree otherwise in writing, payment is due prior to the goods being dispatched. We accept payment by cheque (clearance of cheque may be required before goods are released for dispatch), credit card (which will be debited at time of order), bank transfer, or through pre-agreed credit terms. Payment by credit card may be subject to an administration charge.

All Goods remain our property until payment has been received in full.
Until ownership of the Goods has passed to you, you shall, at all times after receipt, identify the Goods as SIMS GROUP UK LIMITED property, including keeping the Goods: (a) properly stored and protected; (b) insured for the full purchase price against all risks and to the benefit of Sims Group UK Limited; and (c) without prejudice to the clause relating to non-payment of goods below, in the event of non-payment give us permission to enter your property to recover the Goods.
Where non-payment for Goods causes us to request return of the Goods from yourself, you shall immediately return those Goods to us at your own expense.

DELIVERY

We aim to have Goods ready to ship to you within 5 working days following our Acceptance Confirmation but we cannot give an exact completion date.. We also may deliver the Goods in several consignments but will not charge any extra delivery for this other than the quoted delivery charges.

We will arrange for delivery of the Goods by our nominated carrier. Postage and packing will be payable at the rate agreed in the order, unless you instruct us that you will be instructing your own courier to collect the Goods.

If we have not delivered the Goods within 30 days of you placing your order then you may cancel the contract and we will refund any money paid by you.

You will be responsible for any damage to or loss of the Goods from the date the Goods are delivered to you. Delivery of the Goods shall be deemed to take effect when you have signed for the Goods as directed by the carrier or otherwise when you have received them. If you have instructed your own courier, delivery shall be deemed to take effect from when the goods are collected.

Claims for damage to or short delivery of goods must be made at the time of delivery and notified to us initially by telephone on 01387 723000, thereafter in writing, within 24 hours of receipt by you. You are responsible for ensuring that any damage to the Goods or short delivery is marked on the carrier’s delivery paperwork. Failure to do this may invalidate any claim made by you.

DAMAGED OR DEFECTIVE GOODS

THIS CONDITION IS IN ADDITION TO YOUR OTHER RIGHTS RELATING TO DEFECTIVE GOODS GIVEN TO YOU BY LAW.

The Goods consist of refurbished equipment. All goods are sold subject to the warranty period (if any) stated in the Acceptance Confirmation and the actual invoice for such Goods. For the avoidance of doubt if no warranty period is specified then the goods are sold without any warranty.

You should inspect the Goods for defects or damage as soon as possible following delivery. If you find a defect or damage on delivery, if possible, you should note such damage on the delivery report or if that is not possible tell us about the defect or damage by contacting our sales team either by email at SLS.Product.Sales.UK@SimsMM.com or by telephone on 01387 723 000 as soon as possible and we will arrange for their return, either to us or the manufacturer (at our option) at no cost to you.

If the Goods are found to be damaged prior to delivery to you or defective and notified to us during any agreed warranty period, if we accept that such defect is covered by the warranty we will at our option repair or replace the Goods, however, if you wish to specify that you would prefer a repair or a replacement of the Goods please contact us and we will accommodate you where this is reasonably practicable. If repair or replacement of the Goods is not possible we will refund the price paid by you.

Our obligation to repair or replace damaged or defective Goods, or to refund the price paid by you, will not apply where: (a) you have improperly altered the Goods in any way whatsoever, or have subjected them to misuse or unauthorised repair; or (b) the Goods have been improperly installed or connected (other than by us); or (c) the damage or defect is the result of fair wear and tear or is due to accidental or wilful damage (other than by us); or (d)you have not complied with any instructions from us or the manufacturer of the Goods as to storage, maintenance and use of the Goods in all respects; or (e) you have failed to notify us of any problem or suspected problem within the relevant warranty period from the date of delivery of the Goods.

OUR LIABILITY TO YOU

These terms and conditions do not exclude our liability to you: (a) for breach of our obligations arising under section 12 sale of goods act 1979 or section 2 supply of goods and services act 1982; (b) for personal injury or death resulting from our negligence; (c) under section 2(3) consumer protection act 1987; (d) for any matter for which it would be unlawful for us to exclude or to attempt to exclude our liability; or (e) for fraud.

Subject to the above clause, we will not be liable to you for losses which you suffer which were not caused as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when we enter into a contract. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

We are not liable to you for any failure or delay or for the consequences of any failure or delay in the performance of our obligations under these terms and conditions due to any event beyond our reasonable control including without limitation acts of god, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, act or threat of terrorism, riot, civil commotion, national emergency, breakdown of plant or machinery, impossibility of the use of public or private telecommunications networks. In such circumstances we will be entitled to a reasonable extension of time for performing such obligations.

YOUR RIGHT TO CANCEL

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund from us. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the Goods are delivered to you.

If you choose to cancel then you must return the Goods to us at your cost and risk and we advise you to ensure the Goods are adequately insured during the return journey. You must ensure that you take reasonable care of the Goods whilst they are in your possession and if you fail to comply with this obligation we may have a right of action against you for compensation. We will cover the cost of you returning any Goods that we have provided as a substitute for Goods that you have ordered.
If you have not returned the Goods within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Goods from you at your cost.

OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE

Please note that you must comply with all applicable laws and regulations applicable in the United Kingdom. We will not be liable for any breach by you of such laws.
If any of these terms and conditions or any provisions of a Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that term condition or provision will, to the extent required, be severed from the remaining terms, conditions and provisions which will remain in full force and effect to the fullest extent permitted by law.

Neither of us intend that any of the terms of any Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it. The contract and all communications between us will be conducted in the English language.

English law will apply to these terms and conditions and the English courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions and each Contract.