The legal Bit

Time for the boring bit which no-one enjoys, but has to be done.

West Country Blacksmiths is the trading name of West Country Blacksmithing ltd. The company directors are Mr Kieren Roberts & Mr Kyle Roberts, formally trading as ‘Allerford Forge Blacksmithing’ who privately and independently operated the National Trust owned forge named Allerford Forge.

West Country Blacksmithing Ltd is a register company in the UK , which abides by all trading laws set out in this country. The company registration number is 09113627, with the registered company office address being – The Loft, Unit 11, Hunthay Business Park, Axminster, EX13 5RJ.

All metalwork, designs and text which are published on this website our metalwork project which have been undertaken by the blacksmiths of West Country Blacksmiths either whilst working as the team or individuals outside of the team. All information, design and test have been created by the team beyond west country Blacksmiths and are therefore the property of West Country Blacksmiths and its associated. Said information can not be used or copied without the written consent of the organisation.

Photos used on this website have either been taken by a member of the team involved in West Country Blacksmithing or a third party who have kindly agreed to allow the team to use the picture verbally. If said third party would prefer for West Country Blacksmiths to stop using these photos, we ask for them to contact us directly

Communications, information, designs and drawings created by West Country Blacksmiths on behalf of their clients are private and remain their property and can not be copied or reproduces without written consent.

West Country Blacksmiths are fully insured up to the value of £5 million pound, a copy of which is available on request.

Please find the Terms and Conditions of business, which West Country Blacksmiths operate when working on all projects below.  We advise all potential customers to read this for piece of mind and to understand are method of business.

Please do not be put off by the below,  and if you have any quires or worries we will be happy to discuss and clarify anything you are unsure of.

Basic Terms and Condition of Business

West Country Blacksmiths

1.         Agreement, Designs and Information

Any agreements, designs undertaken and information or advise offered by West Country Blacksmiths (WCB) are made and undertaken between West Country Blacksmiths (WCB) and the addressee of the document only.

2.         Services

Any designs undertaken, information and advise offered by West Country Blacksmiths (WCB) are undertaken based on the experience and the engineering knowledge of the team and its partner companies and its knowledge of latest UK building regulations. On necessary projects West Country Blacksmiths (WCB) will advise that you seek specialist advise on structural, planning and building regulations from specialists engineers or local council and may offer to advise and assist with this, but the Client shall be responsible to WCB for ensuring that all necessary approvals are in place before any work is carried out or approved along with all relevant information relating to the service

Although unlikely, WCB reserve the right to charge a design/survey/consultancy fee to cover cost incurred to them, if they are asked to work on a project which is not undertaken or on project which are undertaken, but further unexpected planning and design work has taken place after the agreed estimated cost of the project .

3.         Delivery and Risk

Unless otherwise stated, the price quoted includes the cost of delivery to the address defined in the Client’s Purchase Order. WCB reserves the right to make additional charges to cover any increase in transport costs occurring before the date of delivery or to an address other than that specified when ordering

Any time or date for delivery of work by WCB is given in good faith by WCB, but is an estimate only.

Risk in the goods or product made by WBC shall pass to the buyer upon delivery.

4.         Title and Payment

Payments shall be in according to WCB standard payments schedule which will include at least 33.34% of the final price paid in advance, in the form of a deposit as a condition of commencement of work (the Advance Payment). WCB reserves the right to modify the Advance Payment according to the perceived business risk to WCB.

West Country Blacksmiths will invoice the Client, according to the Payment Schedule, for payments due.  Unless otherwise agreed, payment shall be due 28 days from the date of the invoice unless otherwise stated

In the event of phased work that is reflected in the Payment Schedule, work on any phase shall not commence until payment for the preceding Phase has been received and cleared.

No payments by the Client shall be deemed to have been received until WCB has received cleared funds.

West Country Blacksmiths reserves the right, by giving written notice to the Client at any time before delivery, to increase the price of the goods/service to reflect any increases in the cost to WCB which become known after the date of the Quotation and which are due to factors beyond the control of WCB (such as, without limitation, materials costs, significant increases in labour costs, currency exchange rate fluctuations).

If Client fails to make any payment on the due dates then, without limiting any other right or remedy available to WCB, WCB may:

-        Cancel the order and suspend any further deliveries / service to Client

-        Appropriate any payment made by the Client, and any materials purchased or fabricated for Client.

-        Charge Client interest (both before and after any judgement) on the amount unpaid, at the rate of 2% above Barclays Bank base rate, from time to time until payment in full is received. West Country Blacksmiths reserves the right to claim interest under the Late Payments of Commercial Debts (Interest) Act 1998.

All payments, whether invoiced or otherwise, due or payable to WCB shall be payable immediately by Client upon the order being terminated and/or upon WCB request despite any other provision.

West County Blacksmiths reserves the right to charge Client for any costs incurred in recovering monies due from Client.

Title to the goods comprised in each consignment (if applicable) shall not pass to Client until WCB has received cleared funds, but even though title has not passed, WCB shall be entitled to sue for their price once its payment has become due.

Until such time as the title to the goods passes to Client, Client shall hold the goods safely and properly stored as WCB property. WCB may demand the return of the goods at Clients expense or otherwise repossess the goods.

5.         Non-acceptance of Delivery

If Client fails to take delivery of the goods or fails to give WCB adequate delivery instructions at the time stated for delivery, WCB may charge Client for storage for a period up to 4 weeks from the original delivery date, after which the agreement may be deemed to be terminated and WCB shall have the right to sell the goods to another party.

6.         Damage in Transit

West Country Blacksmiths will make good, at cost to WCB, any damage to the goods that can be reasonably demonstrated, to WCB satisfaction, to have been suffered in transit provided that Client informs WCB, by email, within 24 hours of receiving the goods.

7          Faulty Goods

In the event that Client can reasonably demonstrate that the finished goods do not conform to the agreed specification then this should be communicated to WCB, by email, within 5 working days from the date of delivery. The parties shall hold discussions and in the event that WCB agrees that the goods do not conform to specification, then WCB will offer appropriate remedy at cost to WCB. Final payment may be postponed until the remedial work is completed, following which the normal payment terms shall apply.

8.         Liability

Nothing in these Terms and Conditions shall operate so as to exclude or restrict the liability of WCB for death or personal injury caused to Client by reason of the negligence of WCB.

Nothing in these Terms and Conditions shall operate to exclude or restrict the liability of WCB as required by common English law including but not limited to the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982, whatsoever applies.

Subject to these conditions, WCB’s liability to Client shall be limited to the price of the goods specified in the Purchase Order.

9.         Force Majeure

West Country Blacksmithing shall not be under any liability to perform any of its obligations under its agreement with Client due to force majeure. Following notification by WCB to Client of such cause, WCB shall be allowed a reasonable extension of time for the performance of its obligations.

For the purpose of this condition, ‘force majeure’ means fire, explosion, flood, lightning, Act of God, act of terrorism, war, rebellion, riot, sabotage, labour disputes or events or circumstances outside the reasonable control of WCB.

10        Applicable Law

The Purchase Order shall be considered a contract made in England and shall be governed in all respects by the Law of England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.