We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. We shall notify you of any changes we make to the Terms if you have an account on the Site. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible.
The Site is an online marketplace where builders can buy products from fabricators. We do not provide Products directly except to the extent that we, through Steelo Limited, operate as a fabricator on the Site. We do not act as principal in any transaction between a builder and third party fabricator. We are an intermediary platform, and we are not bound by any contract that may arise at any time between parties engaging on the Site. On the Site, the Fabricator and not Mr Beam is responsible for the manufacture and delivery of the Products.
The Site may be used only by individuals and organisations resident in the United Kingdom who wish to procure or provide Products in the United Kingdom. You should not use the Site if you do not meet this requirement.
2. Definitions & Interpretation
In these Terms, words defined in Condition 1 shall have the same meaning when used throughout these Terms. In addition, the following words have the following meanings:
Customer: a business or other entity who registers on the Site in order to find a Fabricator;
Commission: the sum to be retained by Mr Beam from the Price paid by the Customer and for the avoidance of doubt, we reserve the right to change the calculation of the Commission due at our sole discretion and on notice;
Order: an order for the Products including the specification of the Products;
Price: the price due from the Customer for the Products;
Products: the structural steel product purchased by the Customer
Products Contract: the relationship between the Fabricator and the Customer in respect of the Products;
Fabricator: an individual or company who registers on the Site seeking to sell Products;
Terms: these terms and conditions;
you: any user of the Site, including a Fabricator and a Customer.
Words in the singular include the plural and in the plural include the singular.
Headings shall not affect the interpretation of these Terms.
References to Conditions are, unless otherwise provided, references to the conditions of these Terms.
Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not limit the generality of the related words.
3. Registration and Use
If you wish to register as a Fabricator you should contact us at email@example.com. We shall send to you our New Fabricator form. All information that you include on the New Fabricator form must be complete and accurate and you agree that we shall rely on that information in determining whether or not to accept you as a Fabricator on the Site and including you as an option for a Customer to select to supply Products. We shall consider your application, registration, and we shall notify you if you are accepted as a Fabricator on the Site and if you are accepted, you agree to notify us immediately if any of the information you provided to us on the New Fabricator form changes.
If you are accepted as a Fabricator, then we shall offer Customers the opportunity to purchase the Products from you. We shall be entitled to reproduce and use the Fabricator’s name and associated logos within publicity for Mr Beam.
Whether you are a Customer or a Fabricator, when you register for an account you will create a password. You are responsible for keeping your password confidential. You may not allow any third party to access your account. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at firstname.lastname@example.org. if you believe there has been any unauthorised use of your account.
You shall keep all of your account information current and complete
4. Use of Mr Beam
When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to Mr Beam;
(b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;
(c) add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
(d) transmit spam, chain letters or other unsolicited emails; and/or
(e) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
The copyright in the content of the Site Content is owned by or licensed to Mr Beam. All rights are reserved. You can view, print or download extracts of the Site for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.
Mr Beam may contain links to websites operated by third parties. We do not have any influence or control over any such third party websites and we are not responsible for and do not endorse any third party websites or their availability or content.
We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not Mr Beam, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
We will use reasonable endeavours to maintain and make the Site available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
To the extent permitted by law, use of the Site is solely at your own risk. The Site is provided on an "as is" and "as available" basis. To the extent permitted by law we disclaim any and all warranties of any kind, express or implied.
5. Order Process
A Price is valid only for the duration of the Customer’s session.
The Customer shall check the information on the Order carefully before making the payment. Once the Customer pays the Price, the Customer assumes all responsibility for dimensions and measurements, including that the Order meets its requirements and the Products are suitable for the Customer’s intended needs. The Customer acknowledges and agrees that the Fabricator relies on the information in the Order to manufacture the Products.
A legally binding contract between the Customer and the Fabricator comes into existence when the Price is paid in full. We shall notify the Customer and the Fabricator when that happens. In particular we shall send to the Fabricator, details of the Order, the Customer and all associated information that we reasonably believe that the Fabricator needs to fulfil the Order. the Fabricator agrees to manufacture the Products and deliver or permit collection of the Products to the Customer in accordance with the Order.
The Customer understands that the Products are manufactured to order, and accordingly, an Order may not be amended or cancelled by the Customer once the Price has been received.
Payment of the Price can be made by Worldpay of by credit or debit card. By using a credit/debit card to pay for the order or purchase, the Customer confirms that the card being used is the Customer’s card or that the Customer is authorised to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment then there is no contract to buy or sell the Products. Neither Mr Beam nor the Fabricator is responsible for the card issuer or bank charging the holder of the card as a result of our processing of the credit/debit card payment in accordance with the order placed by the Customer.
Occasionally, an error may occur and the Products may be incorrectly priced in which case the Fabricator will not be obliged to supply the Products at the incorrect price or at all. The Fabricator reserves the right to correct any errors from time to time. The Fabricator will, at his own discretion, either cancel the Order and refund the Price paid or use reasonable endeavours to contact the Customer and ask to continue with the Order for the Products at the correct price. If the Fabricator is unable to make contact or the Customer does not wish to continue with the Order at the correct price the Fabricator will cancel the Order and refund the sums received for the Order. Within 10 days of receipt of such sum, we shall refund the Price to the Customer. We may refund the Customer by way of cheque sent to the address of the relevant trade card account holder if the Fabricator is unable to make contact.
Delivery dates set out in Order or otherwise requested by Customer or given by Fabricator are given or accepted by Fabricator in good faith but are not guaranteed
Subject to Condition 6.3, the Fabricator shall deliver the Products to the delivery address specified on the Order. Risk and title in the Products shall pass to Customer upon delivery as set out in this Condition 6.
Delivery drivers are not insured to take vehicles on roads other than public highways. If the delivery location is in a remote location or is not on a public road, then the Fabricator’s driver will deliver the Products to the end of the public road only. If the Customer refuses to take delivery of the Products because the driver cannot drop at the exact delivery location then the Fabricator shall be entitled to charge, and the Customer shall pay the actual delivery costs and collection fees.
The Customer shall take delivery of the Products and delivery shall be effective when the Products are unloaded at the delivery address. The Fabricator shall not be obliged to lift the Products by crane and it is Customer’s responsibility for ensuring that the delivery address is suitable to unload the Products. The Fabricator shall be entitled to charge, and the Customershall pay all storage costs, additional delivery costs and other costs incurred by Fabricator as a result of Customer's failure to take delivery of the Products.
The Products can only be delivered to the exterior of a ground floor location at the delivery address. The Customer must therefore make his own arrangements at its own risk should a Product need to be transported from the delivery location. The Fabricator will not provide any unpacking, installation, fitting or waste removal services upon delivery.
Neither Mr Beam nor the Fabricator is responsible for loss or damage of property or vehicle during any loading process onto Customer's designated vehicle.
The Customer agrees to ensure that someone is available at the delivery location to take the products. If no one is so available, , the Fabricator will leave a note with the location of the Products, in which case, the Customer must contact the Fabricator to rearrange delivery. Fabricator shall be entitled to charge, and the Customer shall pay the cost of any further delivery.
The Fabricator may dispose of Products (without refund or prior notice to the Customer) if not collected by the Customer within 7 days after the agreed collection date.
7. Defective Products
The Customer shall inspect the Products immediately on receipt and Customer shall be deemed to have accepted the Products as being in conformity with the Order unless written notice of rejection on the basis of non-conformity with the Order is received in writing by Fabricator within 2 days of the date of delivery. The Fabricators contact details are available on request and on the Site
If, after a valid notice of rejection has been given to the Fabricator in accordance with these Terms, the conduct of the Customer is inconsistent with such rejection, the Customer shall be deemed to have accepted the Products.
The Fabricator shall respond to a notice of rejection within 5 days, and if it is shown to the Fabricator’s reasonable satisfaction that the Products fail materially to comply with the Order, the Fabricator will either refund the Price (less the cost of the steel) or repair or replace the Products within a reasonable time, free of charge. Such refund, repair or replacement shall be determined by the Fabricator and shall be the Fabricator's sole liability in relation to any such failure. Replacement and repaired Products are covered by these Terms.
Products which are alleged not to comply with the Contract shall as far as possible be preserved for inspection by the Fabricator. Ifthe Fabricator agrees to repair or replace the Products, then at the request of the Fabricator, the defective Product shall be made available for collection by the Fabricator within 14 days of the notice of rejection.
The Fabricator does not exclude any liability which cannot be excluded as between the Customer and the Fabricator under any provision of English law, including personal injury or death caused by negligence and fraud or fraudulent misrepresentation.
The Fabricator shall not be liable for any failure to manufacture and/or deliver the Product related to any circumstances whatever which are beyond Fabricator's reasonable control. In such circumstances, the Fabricatorshall notify the Customer and Mr Beam accordingly. The Fabricator shall be entitled to cancel the Order and if it does so, Mr Beam shall refund the Price paid by the Customer, and the Fabricator shall pay to Mr Beam the Commission within 10 days of the cancellation.
8. Fabricator’s Limitation of Liability
In no circumstances whatever shall the Fabricator be liable (in contract, tort or otherwise, and irrespective of any negligence or other act, default or omission of Fabricator or its employees or agents) for any indirect or consequential losses (including loss of goodwill, business or anticipated savings), loss of profits or use, or any third party claims, in connection with the Products or the Order.
The Fabricator's total aggregate liability in connection with the Products or the Contract (in Contract, tort or otherwise and whether or not related to any negligence or other act, default or omission of the Fabricator or its employees or agents), is limited to the Price for the Products concerned ex. vat and excluding the then market value of the steel.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by s.12 sale of goods act 1979) are to the fullest extent permitted by law, excluded from the contract for the Products.
No action may be brought against the Fabricator in connection with the Products or the contract unless proceedings are issued against the Fabricator within two years after Customer became or ought to have become aware of the circumstances giving rise thereto.
Nothing in these Terms excludes or limits the liability of Fabricator for death or personal injury cause by the Fabricator’s negligence or fraudulent misrepresentation.
9. Mr Beam Disclaimer and Limitation of Liability
Customers and Fabricators acknowledge and agree that the Site is provided for information purposes only.
For the avoidance of doubt, this means that we do not warrant or represent that:
(a) we endorse or recommend any particular Fabricator;
(b) we obtain confirmation of the identity of a Customer through the Site (although our payment providers may do so);
(c) the Products are of satisfactory quality or fit for purpose.
Accordingly, Mr Beam is not responsible for any act or omission of a Fabricator or a Customer. This means in particular that Mr Beam has no liability if a Fabricator fails to deliver the Products in accordance with these Terms, whether due to willful default or because the Fabricator has gone into liquidation or administration.
In no circumstances whatever shall Mr Beam be liable (in contract, tort or otherwise, and irrespective of any negligence or other act, default or omission of Mr Beam or its employees or agents) for any direct losses, indirect or consequential losses (including loss of goodwill, business or anticipated savings), loss of profits or use, or any third party claims, in connection with the Site.
Nothing in these Terms excludes or limits the liability of Mr Beam for death or personal injury cause by Mr Beam’s negligence or fraudulent misrepresentation.
Within 5 days of receipt of the Price, Mr Beam shall pay the Price less the Commission to the Fabricator named in the Order.
For the avoidance of doubt, the Fabricatorshall not request direct payment of any sums from the Customer and Customer shall not pay any sums directly to a Fabricator in respect of a Product that has been priced on the Site. If a Fabricator does request direct payment from a Customer or a Customer does offer to pay a Fabricator directly, the Customer or the Fabricator as the case may be shall promptly notify us accordingly.
12. Termination or Suspension
We reserve the right to suspend or terminate the account of a Customer or a Fabricator at any time and without liability:
(a) if any information that you provide to us is not true or we cannot verify or authenticate any such information;
(b) if you are in breach of these Terms; and
(c) if we receive complaints or disputes are raised in relation to your activities
Following termination by us of your Mr Beam account you must cease to use Mr Beam and you must not re-register on Mr Beam under any other name.
You may contact us at any time to terminate all or part of your Mr Beam account.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
14. Governing law
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.