**Terms and Conditions of Birch Welding Solutions**

These Terms and Conditions (“T&Cs”) govern the sale of goods and provision of services by Birch Welding Solutions (“BWS,” “we,” “us,” or “our”) to our clients (“Client,” “you,” or “your”). By engaging our services or purchasing our products, you agree to be bound by these T&Cs.

1. **Scope**

1.1 These T&Cs apply to all contracts, orders, and agreements for the supply of goods and services by BWS to the Client, unless otherwise agreed in writing.

1.2 BWS reserves the right to update or modify these T&Cs at any time. Changes will take effect from the date of publication.

2. **Ownership of Goods and Services**

2.1 All goods and services provided by BWS remain the property of Birch Welding Solutions until full payment has been received and cleared.

2.2 Ownership of any physical goods, including fabricated items, welded structures, or materials supplied, will only transfer to the Client upon receipt of full payment.

3. **Payment Terms**

3.1 **New Clients**: All new clients are required to make full payment for goods and services before work commences. No work will be initiated until payment has been received.

3.2 **Existing Clients**: Payment terms for existing clients will be agreed upon at the start of each project. In the absence of specific terms, payment will be due upon receipt of the invoice.

3.3 Payment can be made via bank transfer, credit/debit card, or any other method agreed upon in writing.

3.4 Invoices not paid by the due date will be considered overdue, and additional fees may apply as outlined in Section 5.

4. **Unpaid Goods and Services**

4.1 In the event of non-payment, BWS reserves the right to retain, reclaim, or repossess any goods, including those already delivered, until full payment is received.

4.2 Services provided but not paid for may be halted, suspended, or terminated until payment in full is received.

5. **Late Payments and Additional Fees**

5.1 All unpaid invoices will incur additional fees once payment terms have been broken, including but not limited to late fees, interest charges, and collection costs.

5.2 Interest on overdue invoices will be charged at a rate of 8% above the Bank of England base rate, calculated daily, until the outstanding amount is settled.

5.3 BWS reserves the right to suspend work, withhold goods, or refuse further services to any Client with outstanding balances until all overdue amounts, including additional fees, are paid.

6. **Quotations and Pricing**

6.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.

6.2 Prices are subject to change without notice; however, any confirmed quotation will remain binding for its validity period.

6.3 All prices are exclusive of VAT unless otherwise stated.

7. **Delivery and Lead Times**

7.1 Delivery times are estimates and subject to change due to unforeseen circumstances, including but not limited to supply chain disruptions and material delays.

7.2 BWS will not be liable for any direct, indirect, or consequential loss arising from delays in delivery or performance of services.

8. **Warranties and Liability**

8.1 BWS warrants that goods and services provided will conform to the agreed specifications. However, it is the Client’s responsibility to inspect all goods and services upon delivery/completion.

8.2 Any defects must be reported within 7 days of receipt. BWS’s liability is limited to the repair or replacement of the defective goods/services or a refund of the purchase price.

8.3 BWS is not liable for any consequential, incidental, or indirect damages arising from the use or inability to use the products or services supplied.

9. **Cancellations and Refunds**

9.1 Cancellations must be made in writing. Any costs incurred up to the point of cancellation will be charged to the Client.

9.2 Refunds will be issued at BWS’s discretion, taking into account the work completed and expenses incurred.

10. **Governing Law and Jurisdiction**

10.1 These T&Cs shall be governed by and construed in accordance with the laws of England and Wales.

10.2 Any disputes arising under or in connection with these T&Cs shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. **Force Majeure**

11.1 BWS shall not be liable for any failure to perform or delay in performing any of its obligations if the delay or failure results from events, circumstances, or causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply chain disruptions, and pandemics.

11.2 In the event of a force majeure occurrence, BWS will notify the Client as soon as possible and take reasonable steps to minimize any disruption.

12. **Insurance**

12.1 BWS maintains appropriate levels of insurance, including public liability and employer’s liability insurance, to cover potential risks associated with the provision of goods and services.

12.2 It is the Client’s responsibility to ensure that they have appropriate insurance coverage for their project or premises.

13. **Health and Safety**

13.1 BWS is committed to maintaining high standards of health and safety and will ensure all work is carried out in compliance with relevant health and safety regulations.

13.2 The Client must ensure that the work environment is safe and suitable for BWS to perform the agreed services, including providing clear access to work areas.

14. **Confidentiality**

14.1 Both parties agree to keep confidential any proprietary or sensitive information received from the other party and not disclose it to any third party without prior written consent.

14.2 This obligation of confidentiality will survive the termination of any contract or agreement between BWS and the Client.

15. **Intellectual Property Rights**

15.1 All designs, drawings, specifications, and technical information provided by BWS remain the intellectual property of Birch Welding Solutions and may not be used, copied, or disclosed without prior written consent.

15.2 Any bespoke work commissioned by the Client will not transfer intellectual property rights unless explicitly agreed upon in writing.

16. **Site Work and Access**

16.1 If BWS is required to perform work on-site, it is the Client’s responsibility to provide access, utilities, and a safe working environment.

16.2 Any delays caused by the Client’s failure to provide necessary access or conditions may result in additional charges.

17. **Returns and Rework Policy**

17.1 Goods or services provided in line with agreed specifications cannot be returned unless defective. Custom or bespoke items are non-refundable.

17.2 In the event that rework is required due to errors on BWS’s part, the correction will be carried out at no additional cost. Rework due to changes in Client specifications or errors in provided information will be chargeable.

18. **Termination of Services**

18.1 BWS reserves the right to terminate services if the Client breaches these T&Cs or engages in conduct detrimental to BWS’s business.

18.2 Upon termination, all outstanding payments become immediately due.

19. **Dispute Resolution**

19.1 In the event of a dispute arising out of or in connection with these T&Cs, both parties agree to attempt to resolve the issue amicably through negotiation before resorting to legal action.

19.2 If a resolution cannot be reached, the dispute will be referred to mediation before proceeding to court.

20. **Severability**

20.1 If any provision of these T&Cs is found to be invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions.

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By engaging Birch Welding Solutions, you acknowledge and accept these Terms and Conditions. If you have any questions or need clarification, please contact us before proceeding with any orders or work.