Terms and Conditions

Company information
MCL Coatings Ltd
A company registered in England and Wales
Company number: 07646946
Registered office:
Halebank Industrial Estate

Pickerings Road

Widnes

Cheshire WA8 8XW

Copyright
All pages of this website are subject to copyright and MCL Coatings Ltd asserts its right to be identified as the author of all such material.

You may access and download a single copy of any copyright material with the permission of MCL Coatings Ltd on the strict understanding that any downloading and subsequent printing will be for your own personal, non-commercial use. Any other use of the material is not permitted and may violate copyright laws within the legal jurisdiction of England and Wales and/or your own legal jurisdiction. MCL Coatings Ltd reserves the right to take whatever action and in whatever jurisdiction to protect and assert its rights under copyright.

You must not modify any materials from this website in any way, either in whole or in part nor may the contents of this website be used in whole or in part in any other website.

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Data collection and purpose specification
When you request information through this site, we need to know your e-mail address or, where you wish requests to be sent by post, your name and postal address. We will use this to send to you the information you request in the form that you require.

We will not pass your details to anyone else outside the wider MCL Group without your permission.

Disclaimer
Whilst MCL Coatings Ltd takes all reasonable steps to ensure the accuracy of the information contained throughout the website, we are not able to guarantee its accuracy in all respects. Unfortunately, errors of omission or commission may arise. Accordingly, whilst the information is provided in good faith it can only be for guidance.

Potential investors should make their own enquiries and searches and take appropriate independent professional advice as necessary. Nothing in this disclaimer should be construed as indifference on the part of MCL Coatings Ltd as to the accuracy of the above information - the company is committed to best practice in the administration of this website.

Terms and Conditions of Business

1.    Our offer is open to acceptance for 60 days from the date on Page 1 of the quote document.
2.    All rates are Nett and subject to VAT.
3.    Payment Terms are strictly 30 days from the date of Invoice.
4.    Programme times are estimated and MCL accept no liability for failure to achieve specific programme dates, for any reason. No penalty clauses, liquidated or unliquidated damages will be accepted by MCL
5.    MCL does not accept whatsoever any design responsibility by virtue of implied or express terms
6.    A written purchase order or written instruction to proceed based upon the details of this quotation must be received at least 14 days in advance of the required contract start date, to ensure that we are able to meet this required start date. Whilst MCL will always endeavour to mobilise at short notice, this cannot be guaranteed where orders are received with less than 14 days’ notice.
7.    Invoices will be submitted on completion of a contract only where duration of the contract starts and finishes within the month. For longer contracts a monthly invoice will be submitted for an agreed value based on a percentage completion of the contract or package.
8.    The Customer indemnifies the Company from any and all claims or actions of any nature arising from the Clients and his agents/representatives direct or indirect acts, omissions or negligence.
9.    MCL will provide a Certificate of Conformance on request, to state that the coating system has been applied in accordance with the coating manufacturer’s instructions. MCL are unable to provide any guarantee for the service life of the coating system which should be sought from the manufacturer, however the Certificate of Conformance provided by MCL as the applicator will form part of any manufacturer guarantee.
10.    All changes to contract must be agreed with the signatory of this quotation and agreed in writing with details of agreed additional costs.
11.    Changes to contract work instructions must come through the Customer only. Any instruction from any other company, including our Customer’s superiors will need to be confirmed by our Customer (in accordance with point 12 above) before acceptance of this instruction/change.
12.    Any dispute or legal issue arising from them will be determined by the law of England and Wales and considered exclusively by the English and Welsh Courts.
13.    MCL maintains a quality system complying with ISO 9001 and we welcome external audits by the customer. However, MCL specifically excludes hold points for inspection, or any other form of inspection that disrupts the flow of our production.
14.    All Intumescent Fire Protection work will be carried out in accordance with SCI Document 160 Model Specification, basic finish unless noted otherwise.
15.    Unless otherwise stated, dry film thicknesses achieved will comply with ISO12944-7 clause 5.1.
16.    Our rates are based on gross areas for invoicing purposes and Cellular Beams will be measured through.
17.    Our prices are based upon supply of paints in BS 4800 Group A solid Colours only. Other group colours will be at extra cost.
18.    All work will be subject to re-measure.
19.    Where steel members have areas unprotected due to construction restraints such as site welded positions or tops of beam flanges, MCL exclude any responsibility for rust staining as a result of these unprotected areas.
20.    Inspection Reports and Certificate of Conformity will only be issued on settlement of the account.

Off-site – Factory Works


1.    Unless otherwise agreed in writing prior to the award of the contract, storage of unfinished or finished steelwork is excluded from our offer. With prior written agreement, MCL at its absolute discretion may store the goods until such a time as the purchaser is able to receive them. In this case, storage charges at the current MCL published rates shall apply. If MCL is unable to accommodate such storage, it is the purchaser’s responsibility to immediately remove these goods from MCL premises. Failure to remove the goods in these circumstances renders the goods liable to be disposed of by MCL in whatever manner it sees fit.
2.    FORCE MAJEURE - In the event that treatment works are delayed by fire, strikes, lockouts, accidents, defective or delayed materials or by any cause beyond the reasonable control of MCL, the purchaser shall grant an extension of time equating to the delay.
3.    LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
This condition sets out the entire financial liability of MCL (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the customer in respect of:
a.    any breach of the contract;
b.    any use made by the customer of MCL’s services or any part of them; and
c.    any representation, statement or tortious act or omission (including negligence)     arising under or in connection with this contract.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this contract.
Nothing  in  these  Terms  and  Conditions  limits  or  excludes  the  liability  of MCL:
a.    for death or personal injury resulting from negligence; or
for any damage or liability incurred by the customer as a result of fraud or fraudulent misrepresentation by MCL.

Subject to the above conditions:

MCL shall not be liable for:

  1. [loss of profits; or]

  2. [loss of business; or]

  3. [depletion of goodwill and/or similar losses; or]

  4. [loss of contract; or]

  5. [loss of use;]

 

MCL’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance of the contract shall be limited to £250,000.

 

  1. In the event that the purchaser defaults or commits a breach of the contract or of any part of its obligations to MCL or if any distress or execution be levied upon the purchasers property or assets or if the purchaser shall make or offer to make any arrangements or composition with its creditors or commit an act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or being a limited company or corporation any resolution or petition to wind up such company business (other than for the purpose of voluntary re-construction or amalgamation)shall be passed or presented. If a receiver of such company’s assets, undertakings and property or part thereof shall be appointed. MCL shall have the right forthwith to determine any contract then subsisting. Upon written notice of such determination being posted to the purchase at the purchasers last known address or Registered Office and subsisting contract shall be deemed to have been determined without prejudice to any claim or right that MCL may otherwise exercise. In this event MCL shall have and hold a lien on all the purchasers goods held by MCL at the time of the determination for any unpaid amounts under the contract.

  2. Unless otherwise stated, our prices assume that beams are treated as 3 sided members supporting a re-entrant type decking system. No uplift in thickness of the coating for Trapezoidal Decking or Fire Stopping is included within our rates.

  3. We consider that repairs to shop interfaces, such as bed marks and handling points, are a site operation to be undertaken by the appointed site treatment contractor. In shop, as a temporary measure during loading, we will apply top coat only to these areas.

  4. We expect all customer supplied steelwork to meet preparation grade P3 as defined in ISO8501-3.

  5. Unless otherwise stated, all masking off and associated consumables is excluded from our price.

  6. Members under 300mm girth will be charged on a linear metre basis.

On-site works

  1. Unless specified, weekend working does not form part of the works quoted.

  2. Working within restricted possession times are not included unless specifically quoted for.

  3. Unless otherwise stated, work access via MEWPs, Towers, or fixed Scaffolding is not included in our quotation and is assumed to be applied by the Customer.

  4. Welfare facilities are to be provided by the Customer unless otherwise stated.

  5. All coating works described as “touch up” are deemed to have a maximum damage of 10% of the surface area of any given section. Where damage is in excess of 10% MCL reserve the right to claim for extra work, as this is considered to be beyond the norm for touch up projects.

  6. MCL shall not be held responsible for delays to works as a result of circumstances beyond the control of MCL, such as environmental conditions, delays caused by other trades or due to changes requested by the Customer, and shall not be liable for any costs or penalties associated with any delays.

  7. MCL will provide a Certificate of Conformance on request, to state that the coating system has been applied in accordance with the coating manufacturer’s instructions. MCL are unable to provide any guarantee for the service life of the coating system which should be sought from the manufacturer, however the Certificate of Conformance provided by MCL as the applicator will form part of the guarantee.

  8. Any damage to painted steelwork incurred by other trades in an area which has already been treated by MCL as part of this contract and handed-over, shall not form part of the contract and shall be considered an extra to be charged at the quoted day-work rates, or other agreed figure in writing.

  9. All changes to contract must be agreed with the signatory of this quotation and agreed in writing with details of agreed additional costs.

  10. Changes to contract work instructions must come through the Customer only. Any instruction from any other company, including our Customer’s superiors will need to be confirmed by our Customer (in accordance with point 12 above) before acceptance of this instruction/change.

  11. Removal of grout or concrete contamination is excluded from this offer, unless otherwise stated.

  12. Protection of works, once completed, is excluded from this offer unless otherwise stated. Please read this point in conjunction with point 11 above.

 

 

No Variation of these of these conditions shall be permitted as effective unless confirmed in writing by a Director of MCL Coatings Ltd whether or not specified in an official order document issued by the Customer.

 

Issuing of a Purchase Order constitutes an acceptance of the above terms which, in the case of any dispute, take precedence over any terms set out in such a Purchase Order.