STRUMIS Terms & Conditions

This page (together with our Privacy Policy, Terms of Website Use) tells you information about us and the legal terms and conditions (the "terms") on which STRUMIS LTD ("STRUMIS LTD") sells any of the products (the "products") listed on its websites ("our websites") to you.

These terms will apply to any contract between us for the sale of Products to you (the "contract"). Please read these terms carefully and make sure that you understand them, before ordering any products from our websites. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our websites.

You should print a copy of these terms or save them to your computer for future reference.
STRUMIS LTD amend these Terms from time to time as set out in clause 6. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.

These terms, and any contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1. www.strumis.com, www.bim-review.com and www.steelfabricationsoftware.com are sites operated by STRUMIS LTD ("STRUMIS LTD"). STRUMIS LTD are registered in England and Wales under company number 02074149 and have our registered office at Truro House, Stephenson's Way, Wyvern Business Park, Derby, DE21 6LY United Kingdom. Our VAT number is GB524007095.

1.2. You may contact us by e-mailing us marketing@strumis.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 6.

2. OUR PRODUCTS

2.1. The images of the products on our websites are for illustrative purposes only. Although STRUMIS LTD has made every effort to display the colours accurately, STRUMIS LTD cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.

3. USE OF OUR WEBSITES

Your use of our websites is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

4. HOW STRUMIS LTD USE YOUR PERSONAL INFORMATION

STRUMIS LTD only uses your personal information in accordance with its Privacy Policy. Please take the time to read this Privacy Policy, as it includes important terms which apply to you.

5. IF YOU ARE A BUSINESS CUSTOMER

5.1. If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our website to purchase our products.
5.2. These Terms and our Privacy Policy, Terms of Website Use constitute the entire agreement between you and us and supersedes and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3. You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or our Privacy Policy, Terms of Website Use.
5.4 You and STRUMIS LTD agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.

6. OUR RIGHT TO VARY THESE TERMS

6.1. STRUMIS LTD amends these Terms from time to time.
6.2. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3. STRUMIS LTD may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4. If STRUMIS LTD has to revise these terms as they apply to your order, STRUMIS LTD will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and STRUMIS LTD will arrange a full refund of the price you have paid, including any delivery charges.

7. OUR LIABILITY IF YOU ARE A BUSINESS

7.1. STRUMIS LTD only supplies the products for internal use by your business, and you agree not to use the Product for any resale purposes.
7.2. Nothing in these Terms limits or excludes our liability for:
7.2.1 death or personal injury caused by our negligence;
7.2.2 fraud or fraudulent misrepresentation;
7.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
7.2.4 defective products under the Consumer Protection Act 1987.
7.3 Subject to clause 13.2, STRUMIS LTD will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
7.3.1 any loss of profits, sales, business, or revenue;
7.3.2 loss or corruption of data, information or software;
7.3.3 loss of business opportunity;
7.3.4 loss of anticipated savings;
7.3.5 loss of goodwill; or
7.3.6 any indirect or consequential loss.
7.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
7.5 Except as expressly stated in these Terms, STRUMIS LTD does not give any representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, STRUMIS LTD will not be responsible for ensuring that the Products are suitable for your purposes.

8. EVENTS OUTSIDE OUR CONTROL

8.1 STRUMIS LTD will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
8.3.1 STRUMIS LTD will contact you as soon as reasonably possible to notify you; and
8.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, STRUMIS LTD will arrange a new delivery date with you after the Event Outside Our Control is over.
8.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and STRUMIS LTD will refund the price you have paid, including any delivery charges.

9. COMMUNICATIONS BETWEEN US

9.1. When STRUMIS LTD refers, in these Terms, to "in writing", this will include e-mail.
9.2. If you are a business:
9.2.1 any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
9.2.2 a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one business day after transmission;
9.2.3 in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee; and
9.2.4 the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

10. OTHER IMPORTANT TERMS

10.1. STRUMIS LTD may transfer its rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. STRUMIS LTD will always notify you by posting on this webpage if this happens.
10.2. You may only transfer your rights or your obligations under these Terms to another person if STRUMIS LTD agrees in writing.
10.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5. If STRUMIS LTD fails to insist that you perform any of your obligations under these Terms, or if STRUMIS LTD does not enforce its rights against you, or if STRUMIS LTD delays in doing so, that will not mean that STRUMIS LTD has waived its rights against you and will not mean that you do not have to comply with those obligations. If STRUMIS LTD does waive a default by you, STRUMIS LTD will only do so in writing, and that will not mean that STRUMIS LTD will automatically waive any later default by you.
10.6. A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
10.7. Both STRUMIS LTD and you irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).