These Terms & Conditions apply to the use of this website and to all enquiries, online configurations, quotations, orders, manufacture, delivery, collection, installation, automation equipment, accessories, servicing, diagnostics and related services supplied by MS Gates.
By placing an order, making a payment, accepting a quotation, approving a design/specification, allowing delivery or allowing works to begin, the customer agrees to these Terms & Conditions.
MS Gates accepts responsibility for the quality of its own workmanship, materials supplied by MS Gates, and the manufacture of goods in accordance with the agreed specification. These Terms are not intended to remove any legal rights that cannot be excluded by law. They are intended to clearly set out the responsibilities of both parties, including payment obligations, delivery and installation conditions, safe use, maintenance responsibilities, and limits of responsibility where issues are caused by incorrect information, non-payment, misuse, third-party work, unsuitable site conditions, lack of maintenance or events outside our reasonable control.
1. About us
This website and the MS Gates brand are operated by:
Company No.: 16249284
Address: Unit 4, Abraxus Court, Carnaby, Bridlington, YO15 3QY
Email: info@msgates.co.uk
Telephone: +44 7950 695780
WhatsApp: +44 7950 695780
If you have any questions about these Terms, please contact MS Gates before placing an order.
2. Definitions
In these Terms:
MS Gates, we, us, our, the company means MS Gates, a trading brand of Buzzwind Ltd.
Customer, you, your means the person, business, organisation or other party making an enquiry, using the configurator, accepting a quotation, placing an order, making a payment or receiving goods or services from MS Gates.
Goods means gates, posts, steelwork, automation equipment, motors, remote controls, access control systems, intercoms, video intercoms, locks, hinges, accessories, parts and any other products supplied by MS Gates.
Works means design, advice, manufacture, supply, delivery, collection, installation, commissioning, servicing, diagnostics or any related services supplied by MS Gates.
Made-to-measure, bespoke, custom-made or custom products means goods manufactured or supplied specifically to the customer's chosen measurements, design, colour, configuration, specification or property requirements.
Online order / Buy Now means an order placed through the online configurator and paid in full at the time of purchase.
Staged payment arrangement means a payment arrangement agreed in writing by MS Gates that is different from full payment upfront, such as a deposit payment followed by a balance payment before unloading.
3. Website information
MS Gates makes reasonable efforts to keep the information on this website accurate, clear and up to date.
Website content, product descriptions, photographs, videos, articles, guides, examples, visuals and drawings are provided for general information only and may not apply to every property, installation or technical situation.
Photographs, colours, proportions, examples of previous work and product visuals may differ from the final product because of screen settings, lighting, viewing angle, finish, material batch, individual dimensions, production method or customer configuration.
MS Gates may update, change or remove website content at any time.
4. Online configurator and prices
The online configurator allows customers to choose gate type, size, design, colour, operation type, automation, accessories, delivery and other available options.
The price shown in the configurator is calculated based on the options selected by the customer.
If the customer selects the Buy Now option, the customer places an order based on the selected configuration and pays the full amount at the time of order.
If the customer has questions, requires clarification, wants to discuss a non-standard situation, access, groundwork, installation, delivery, payment options or any other detail, the customer should contact MS Gates before placing an order.
MS Gates reserves the right to refuse an order, cancel an order before manufacture begins, or contact the customer to clarify the specification if the configuration appears incorrect, incomplete, unrealistic, technically unsuitable or requires confirmation.
5. Quotations and enquiries
Any quotation prepared individually by MS Gates is based on the information, measurements, photographs, drawings, descriptions, location, access details, site conditions and specification provided by the customer at the time of quoting.
Unless stated otherwise, quotations are valid for 30 days.
A quotation does not become a confirmed order until it has been accepted by MS Gates and the customer, and the required payment terms have been met.
MS Gates may amend a quotation if:
- the specification changes;
- the customer changes the size, design, colour, automation, accessories or scope of works;
- site conditions are different from the information provided;
- additional materials, labour, transport, installation or preparation are required;
- additional technical difficulties are identified;
- the customer has provided incomplete or incorrect information.
6. Made-to-measure products and customer specification
Most gates supplied by MS Gates are made to measure and manufactured specifically for the customer's property, chosen dimensions and selected configuration.
Made-to-measure, bespoke and custom-made products are not standard stock items. Once manufacture has started, they cannot normally be cancelled, returned or refunded simply because the customer has changed their mind.
Where the customer provides measurements, drawings, photographs, specifications or other technical information, the customer is responsible for ensuring that the information is accurate.
If the customer provides incorrect measurements, incomplete information, the wrong location details, the wrong opening direction, incorrect site conditions or an incorrect specification, MS Gates is not responsible for the cost of remaking, modifying, replacing, redelivering or reinstalling the goods unless MS Gates agrees otherwise in writing.
MS Gates is responsible for manufacturing the goods in accordance with the agreed specification, subject to reasonable manufacturing, technical and installation tolerances.
7. Design approval, drawings and specification tolerances
If the customer approves a design, drawing, style, size, colour, infill layout, automation option, accessory or other specification, the approved specification becomes the basis of manufacture.
After approval, the customer cannot require free changes simply because they later change their mind or because the final visual appearance does not match a later personal preference.
Reasonable differences in proportions, details, spacing, lines, welds, finish, colour, texture, component layout or fitting may occur due to individual dimensions, manufacturing processes, materials, coating, installation and technical requirements.
Such reasonable tolerances do not automatically mean that the product is defective.
Changes requested after approval may be chargeable and will depend on whether they are technically possible and what stage the order has reached.
8. Orders and payment
8.1 Online orders — Buy Now
For orders placed through the online configurator using the Buy Now option, full payment is required at the time of order.
Manufacture will not begin until full payment has been received by MS Gates in cleared funds.
8.2 Agreed staged payment arrangements
MS Gates may, at its sole discretion, agree in writing to a staged payment arrangement.
Where MS Gates agrees to a staged payment arrangement, the standard payment terms are:
- 50% of the order value payable when the order is placed;
- the remaining 50% balance for the goods payable before delivery and strictly before any goods are unloaded from the delivery vehicle;
- installation charges, where applicable, payable upon completion of installation and before the installation team leaves site.
A staged payment arrangement is not an automatic right of the customer. It must be expressly agreed by MS Gates in writing before the order is accepted.
8.3 Non-payment
MS Gates may pause or withhold manufacture, delivery, unloading, installation, commissioning, handover, warranty activation, documentation, servicing or any further works if payment is not received when due.
If the customer fails to make payment when due, MS Gates may charge the customer for reasonable costs arising from the delay, including storage, redelivery, additional transport, waiting time, cancelled installation, repeat visits, recovery of goods, debt recovery or any other reasonable related costs, where permitted by law.
9. Payment before unloading
Where a staged payment arrangement has been agreed, the remaining balance for the goods must be received by MS Gates in cleared funds before any goods are unloaded from the delivery vehicle.
The driver, delivery team or MS Gates installation team is not required to unload any gate, post, automation equipment, accessory or other goods if the required payment has not been received.
If payment is not received before unloading, MS Gates may:
- refuse to unload the goods;
- keep the goods on the vehicle;
- return the goods to the MS Gates workshop or storage location;
- suspend the order;
- charge the customer for wasted delivery;
- charge waiting time;
- charge return transport costs;
- charge storage costs;
- charge redelivery costs;
- charge the cost of rearranging installation.
The customer must not retain the goods, demand unloading, prevent the vehicle from leaving, or obstruct MS Gates staff or contractors where the required payment has not been made.
10. Installation payment
Where MS Gates carries out installation, the installation charge is payable upon completion of installation and before the installation team leaves site, unless agreed otherwise in writing.
After completion of installation, the customer should inspect the works and raise any visible concerns immediately.
Payment of the final installation charge confirms that the customer has had a reasonable opportunity to inspect the completed works and accepts the installation as complete, subject to any rights that cannot be excluded by law.
Any concerns raised after final payment will be considered in accordance with the warranty, the customer's legal rights and these Terms. Changes, modifications or additional works outside the agreed specification may be chargeable.
If the customer refuses to pay for installation after the agreed works have been completed in accordance with the agreed specification, MS Gates may withhold further services, warranty activation, additional works, servicing, documents or repeat visits, where permitted by law.
11. Ownership of goods and retention of title
Ownership of all goods remains with MS Gates until full payment has been received in cleared funds.
Until full payment has been received, the customer must not sell, transfer, remove, modify, pledge, damage, hide, dispose of or otherwise deal with the goods in a way that conflicts with MS Gates' ownership rights.
If the customer fails to make payment when due, MS Gates may, where permitted by law:
- suspend further works and services;
- refuse to unload goods;
- refuse installation;
- refuse commissioning of automation;
- withhold additional accessories or documentation;
- recover unpaid goods after giving reasonable notice;
- charge the customer for the reasonable costs of recovery, transport, storage, removal, redelivery or related costs.
The customer agrees to provide reasonable access for the recovery of unpaid goods where lawful and required due to non-payment.
12. Risk of loss or damage
Risk in the goods passes to the customer when the goods are delivered, collected, unloaded or installed, depending on the agreed scope of works and whichever applies first.
If the goods are delivered or collected and then stored by the customer before installation, the customer is responsible for keeping them safe, dry and protected from damage.
MS Gates is not responsible for damage caused after delivery or collection where the damage results from incorrect storage, handling, impact, scratching, moisture, weather conditions, third-party action, theft, vandalism or other circumstances outside MS Gates' control.
13. Delivery
Delivery arrangements, address, timing, cost and scope will be confirmed before dispatch or delivery.
The customer must ensure that a suitable person is present at the delivery address to receive the goods and make any required payment.
The customer must provide safe and suitable access for the delivery vehicle. This includes sufficient width, height, manoeuvring space, parking, lack of obstruction and safe unloading conditions.
MS Gates is not responsible for delays, failed delivery, additional costs or refusal to unload where access is unsuitable, unsafe, blocked, incorrectly described or different from the information provided by the customer.
The customer should inspect the goods on delivery and report any visible damage, missing parts or obvious issues as soon as reasonably possible.
14. Collection by customer
Where the customer collects goods personally or arranges their own courier or transport, the customer is responsible for providing a suitable vehicle, securing the load, transport, insurance and further handling of the goods.
Once goods are collected by the customer or the customer's carrier, MS Gates is not responsible for damage caused during transport, unloading, storage or further handling.
15. Installation
Where MS Gates carries out installation, the customer must provide clear, safe and suitable access to the working area.
The customer is responsible for informing MS Gates before installation about:
- underground cables;
- pipes;
- drainage;
- water, gas, electrical or telecommunication services;
- weak ground;
- weak walls;
- hidden services;
- access restrictions;
- neighbour issues;
- parking restrictions;
- permit requirements;
- any other known obstruction or risk.
MS Gates is not responsible for damage or additional costs caused by undisclosed underground services, weak ground, poor foundations, weak walls, hidden defects, unsuitable preparation, restricted access or information not provided by the customer.
Additional works caused by unsuitable site conditions, incorrect information, hidden obstructions, lack of preparation, access problems or unexpected site conditions may be chargeable.
16. Foundations, groundwork and site preparation
Unless agreed otherwise in writing, the customer is responsible for preparing suitable foundations, ground conditions, base, electrical supply and installation area.
MS Gates may refuse or suspend installation if the site is not prepared, foundations are unsuitable, ground is unstable, access is unsafe or installation could create a risk of damage, failure or unsafe operation.
If installation cannot be carried out because of lack of preparation by the customer, MS Gates may charge for the wasted visit, transport, labour, waiting time and rearranged appointment.
17. Ground conditions, settlement and movement
MS Gates is not responsible for issues caused by:
- ground settlement;
- ground movement;
- foundations not installed by MS Gates;
- cracking of walls, posts or surfaces;
- movement of block paving, asphalt, concrete or driveway surfaces;
- drainage issues;
- flooding;
- frost;
- tree roots;
- movement of existing structures;
- environmental changes after installation.
If, after installation, the ground, foundations, posts, walls or structures move, crack, settle or shift, any adjustment, repair or realignment may be chargeable unless the issue is directly caused by MS Gates.
18. Electrical supply
The customer is responsible for providing a safe, stable and suitable electrical supply where required for automation, intercoms, video intercoms, access control systems or other devices.
MS Gates is not responsible for faults, damage, interruption or poor performance caused by:
- lack of power;
- unstable voltage;
- voltage drop;
- power surges;
- faulty electrical installation;
- unsuitable protection;
- poor electrical work;
- third-party electrical work;
- electrical supply not meeting the requirements of the equipment.
Where work by a qualified electrician is required, the customer is responsible for arranging it unless agreed otherwise in writing.
19. Automation and safety
Gate automation must be installed, commissioned, used and maintained safely.
Where MS Gates supplies and installs automation, the system will be installed according to the agreed specification and site conditions.
Where automation equipment, motors, accessories or access control systems are supplied only and installed by the customer or a third party, the customer or installer is responsible for safety, correct installation, compliance with instructions and proper commissioning.
The customer must not remove, bypass, disconnect, adjust or interfere with safety devices, photocells, safety edges, force settings, control panels, limit switches or any other part of the system.
Automated gates must be used responsibly. The customer must keep children, pets, vehicles, people and obstructions away from the gate movement area.
MS Gates is not responsible for damage, loss, injury or faults caused by incorrect use, interference, bypassing safety systems, lack of maintenance, third-party work or use contrary to instructions.
20. Safe use, vehicles and misuse
MS Gates is not responsible for damage to gates, automation, vehicles, property or people caused by misuse or unsafe operation of the gate.
Misuse or unsafe operation includes, but is not limited to:
- driving through before the gate is fully open;
- stopping a vehicle in the gate opening;
- stopping a vehicle within the gate movement area;
- tailgating another vehicle without checking that the gate remains open;
- forcing the gate to move;
- pushing or pulling the gate against the automation;
- blocking photocells;
- covering or bypassing safety devices;
- operating the gate during extreme weather where it may be unsafe;
- leaving obstacles in the gate movement path;
- allowing children to play near the gate;
- continuing to use the gate after a fault has become apparent.
Damage caused by vehicle impact, incorrect operation, forced opening, vandalism, attempted forced entry, weather, lack of maintenance or third-party interference is not the responsibility of MS Gates unless required by law.
21. Weather conditions
MS Gates is not responsible for damage, delay, faults or issues caused by weather conditions, including high winds, storms, rain, flooding, snow, ice, frost, extreme temperatures or any other weather conditions outside MS Gates' reasonable control.
The customer should use the gate reasonably and carefully during adverse weather. If using the gate is unsafe in the circumstances, the customer should stop using it and contact MS Gates or an appropriate specialist.
22. Colours, finishes and appearance
Colours shown on screens, photographs, marketing materials, social media, samples or visuals may differ from the final product.
Differences may be caused by screen settings, lighting, viewing angle, material batch, coating process, finish type, texture, base material, profile or manufacturing process.
Minor production marks, texture variations, small finish differences, small marks, minor unevenness or reasonable tolerances do not automatically mean that the product is defective.
Powder coating, paint and other finishes require reasonable care. Damage caused by impact, scratching, salt, chemicals, aggressive cleaning, lack of maintenance, coastal exposure, third-party work or incorrect storage is not the responsibility of MS Gates unless agreed otherwise in writing or required by law.
23. Warranty and responsibility for quality
MS Gates warrants that its own workmanship will be carried out with reasonable care and skill and in accordance with the agreed specification.
MS Gates is responsible for defects caused by its own workmanship or materials supplied by MS Gates, subject to these Terms and applicable law.
Any specific warranty period for the gate, finish, automation, accessories or parts may be stated in the quotation, invoice, warranty documents or manufacturer documentation.
Third-party parts and equipment, including motors, remote controls, intercoms, video intercoms, access control systems, locks, hinges, electronics, apps and accessories, may be covered by the manufacturer's warranty.
The warranty does not cover:
- misuse;
- neglect;
- lack of maintenance;
- accidental damage;
- vandalism;
- attempted forced entry;
- vehicle impact;
- weather damage;
- flooding;
- high winds;
- movement of ground, posts, walls or foundations not installed by MS Gates;
- incorrect installation by third parties;
- repairs or modifications by third parties;
- normal wear and tear;
- interference with automation or safety devices;
- damage to coating after delivery or installation;
- electrical supply problems;
- WiFi, network, app or third-party device issues.
24. Maintenance
Gates, automation and accessories require periodic inspection and maintenance.
The customer should:
- keep the gate clean;
- keep the gate movement path clear;
- check for visible damage;
- avoid forcing the gate;
- stop using the gate if it is operating incorrectly;
- report issues promptly;
- arrange servicing where required;
- keep photocells, safety edges, guide systems and the operating area in suitable condition.
Failure to maintain the gate or automation system may affect warranty cover and MS Gates' responsibility.
25. Third-party work
MS Gates is not responsible for problems, defects, damage, faults or changes caused by third parties.
This includes, but is not limited to:
- electricians;
- builders;
- groundworkers;
- paving contractors;
- other installers;
- service engineers;
- automation companies;
- neighbours;
- users;
- the customer;
- anyone attempting repair, adjustment or modification without MS Gates' agreement.
If a third party repairs, modifies, adjusts, moves, removes or interferes with the gate, automation, safety devices or structure, the MS Gates warranty may be limited or invalidated to the extent that the issue is caused by that interference.
26. Call-outs, diagnostics and service visits
If the customer reports a problem, MS Gates may ask for photographs, videos, a description of the issue, details of use, power supply, weather conditions, obstructions, damage or third-party involvement.
If MS Gates attends site and no manufacturing fault, installation fault or issue caused by MS Gates is found, the visit may be chargeable.
A call-out, diagnostic visit or service visit may be chargeable if the issue is caused by:
- misuse;
- lack of maintenance;
- obstruction of the gate;
- obstacles in the movement path;
- vehicle damage;
- customer interference;
- third-party work;
- electrical supply problems;
- WiFi or app issues;
- weather conditions;
- mechanical damage;
- settings changed by the customer or a third party;
- foundation, ground, post or wall movement;
- lack of access or an unprepared site.
27. Software, apps, firmware and third-party devices
MS Gates is not responsible for changes, limitations, failures, updates, withdrawn features, compatibility issues or performance of apps, firmware, cloud services, WiFi, GSM networks, internet, smart home systems, intercoms, video intercoms or other third-party systems.
If a manufacturer changes an app, function, firmware, service, login process, compatibility or service availability, MS Gates is not responsible for those changes.
Assistance with setup, reset, reconnection, diagnostics or app-related issues may be chargeable where the issue is not caused by MS Gates.
28. Faults, complaints and reporting issues
If the customer believes there is a problem with the product or service, the customer should contact MS Gates as soon as reasonably possible.
The customer should provide:
- full name;
- installation address;
- order or invoice number, if available;
- description of the issue;
- photographs or videos;
- details of when the issue occurred;
- details of whether the gate has been used, repaired, adjusted or modified by anyone.
MS Gates must be given a reasonable opportunity to inspect, repair or resolve any issue.
The customer should not attempt repairs or instruct a third party before contacting MS Gates, as this may affect warranty cover and the ability to identify the cause of the issue.
Visible installation concerns, delivery damage or obvious missing parts should be reported as soon as possible, preferably within 7 days of delivery or completion of installation.
29. Cancellations, returns and refunds
Standard products that are not made to the customer's individual specification may be cancelled or returned in accordance with applicable law, provided they are unused, undamaged and returned in suitable condition.
Made-to-measure, bespoke and custom-made products cannot normally be cancelled, returned or refunded once manufacture has started simply because the customer has changed their mind.
If the customer cancels an order before manufacture has started, MS Gates may deduct reasonable costs already incurred, including administration, design work, materials, ordered parts, labour, transport or preparation costs.
Nothing in these Terms limits any customer rights that cannot be excluded by law, including where goods are faulty, not as described or services are not carried out with reasonable care and skill.
30. Refusal to work, safety and customer behaviour
MS Gates may refuse to begin or continue delivery, unloading, installation, servicing or any other works if:
- the site is unsafe;
- access is blocked;
- the customer refuses to make a required payment;
- the customer or anyone on site behaves aggressively, threateningly, abusively or dangerously;
- there is a risk of damage to property or danger to staff;
- conditions prevent safe completion of the works;
- the customer attempts to force unloading or retention of goods without payment;
- the customer prevents the vehicle or team from leaving;
- the customer demands works outside the agreed specification or works that are technically unsafe.
In such circumstances, MS Gates may leave the site, suspend the works and charge the customer for wasted attendance, transport, waiting time, rearranged appointments, storage or other reasonable costs.
31. Timeframes and delays
Any timeframes for manufacture, delivery or installation are estimates only unless agreed otherwise in writing.
MS Gates will make reasonable efforts to complete works within the estimated time, but delays may occur due to:
- material availability;
- supplier delays;
- powder coating or finishing schedules;
- transport;
- weather;
- illness;
- breakdowns;
- workload;
- technical issues;
- access problems;
- unprepared site conditions;
- events outside MS Gates' reasonable control.
A delay in an estimated timeframe does not automatically give the customer the right to cancel a made-to-measure order after manufacture has started or to claim compensation unless required by law.
32. Events outside our control
MS Gates is not responsible for delay or failure to perform its obligations where this is caused by events outside MS Gates' reasonable control.
Such events include, but are not limited to:
- severe weather;
- storms;
- flooding;
- fire;
- accidents;
- illness;
- strikes;
- material shortages;
- supplier delays;
- transport problems;
- power outages;
- equipment failure;
- vandalism;
- actions of public authorities;
- other unexpected events.
33. Limitation of liability
Nothing in these Terms excludes or limits MS Gates' liability where it would be unlawful to do so.
MS Gates is not responsible for indirect loss, loss of profit, loss of business, loss of opportunity, delays caused by events outside MS Gates' control, or problems caused by incorrect customer information, unsuitable site conditions, third-party work, misuse, lack of maintenance, electrical supply problems or undisclosed obstructions.
To the extent permitted by law, MS Gates' total liability is limited to the contract value or order value to which the claim relates.
This limitation does not apply to liability that cannot be limited by law.
34. Insurance
MS Gates holds appropriate business liability insurance relevant to the nature of its work and subject to the terms of the insurance policy.
Upon reasonable request, MS Gates may confirm that appropriate insurance is held.
35. Photographs, videos, marketing and branding
MS Gates may take photographs and videos of products, works, installations and completed projects for documentation, quality control, portfolio, social media, marketing or advertising purposes, provided this does not unreasonably affect the customer's privacy.
MS Gates may use photographs and videos showing gates, structures and completed works without disclosing the customer's personal details unless the customer objects in writing before the material is taken or published.
MS Gates may install a small badge, plate, sticker or branding mark on the product where this is standard practice. Removal of branding is not included as part of the standard service and may be chargeable.
36. Copyright and website content
All photographs, videos, text, designs, graphics, logos, layouts, descriptions and materials on the MS Gates website belong to MS Gates or are used with permission.
The customer must not copy, publish, reproduce, download, modify, sell or use MS Gates content without written permission.
37. Personal data
Customer personal data is processed in accordance with the MS Gates Privacy Policy.
Customers should read the Privacy Policy and Warranty Cookies Policy available on the MS Gates website.
38. Changes to these Terms
MS Gates may update these Terms & Conditions from time to time.
The Terms that apply to an order are the Terms in force at the time the order is accepted, unless otherwise agreed in writing.
39. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales.
Any disputes will be subject to the courts of England and Wales, unless applicable law provides otherwise.
40. Contact
If you have any questions about these Terms, your order, payment, delivery, installation or warranty, please contact MS Gates before placing an order.
Please also see our Privacy Policy and Warranty Cookies Policy.