ACCEPTANCE. Quotations are made and goods supplied on the basis of the following Conditions which shall be deemed to be incorporated in every contract made pursuant to such quotation or order for the supply of goods.
1. GENERAL. (a) These terms and conditions shall apply to all trading between us and the Customer. Acceptance by us of your order is conditional upon your acceptance of the following conditions inconsistent therewith, express, implied or otherwise. (b) Any variations of these conditions shall only be binding if agreed by a director in writing.
2. QUOTATIONS. Quotations may be withdrawn at any time before receipt of the customer’s acceptance and shall be deemed to be withdrawn if acceptance is not received within 30 days from the date of the quotation.
3. FORCE MAJEURE. Deliveries may be totally or partially suspended by the Company
during any period in which the Company may be prevented or hindered from as a result of
acts of God, fire, war, strikes, lock-outs or other contingencies beyond the Company’s
control whether of the same nature as the foregoing or not. Any goods the delivery of
which has been so totally or partially suspended shall be accepted by the Buyer at the rate
of delivery specified in the order, but commencing as soon as the Company is no longer
prevented or hindered from manufacturing, supplying or delivering the goods.
4. DEFECTIVE GOODS. Any goods supplied will be replaced free of charge or in our absolute discretion the purchase price refunded if we are satisfied that they were defective upon delivery and provided notice of the defect is given to us within seven days of delivery provided that we accept no liability in regard to the cost of taking out, re-fixing, making good or supplying other materials.
5. BEFORE TEMPLATE. The Customer must ensure before calling the Company to template that everything is ready for a template to be made; (a) UNDERMOUNT sink is in place - rebated into the frame but not siliconed in and with a bit of flexibility for accurate alignment at fit or DROP IN sink is available to be measured, (b) Hob is on site and available to be measured and any special instructions concerning the hob to be given and written down, (c) All panels that are to be added are in place, (d) All plastering to be completed before template or after fit; do not plaster between template and fit, (e) Packing for window sills and behind up-stands to be in place. The Customer will be liable for any costs incurred by any delay, reschedule of template and additional journeys which may result.
6. UNSATISFACTORY UNITS. The Company reserves the right to refuse to fit worktops to units they deem to be unsatisfactory and the Customer will be liable for any expenses incurred in reschedule of fit. Units found at a later date to be unsound in any way will be the responsibility of the Customer.
7. CAULKING AND DECORATING. The Company shall take responsibility for the fit of the worktops and any up-stand/splash-back according to the Company’s usual practice. Responsibility for caulking and decorating after the Granite is fit shall remain with the Customer.
8. RELATIVE CUT-OUT DIMENSIONS. Rails either side of any cut-out must be no less than 60mm.
If the width of the cut-out is 600mm then the minimum is 60mm.
If the width of the cut-out is 700mm then the minimum is 70mm.
If the width of the cut-out is 800mm then the minimum is 80mm.
If the rails have to be narrower than the minimum and reinforcement bars are required they will be charged at £30.00 each.
9. TITLE & RISK. (a) The goods shall be at the risk of the customer as from the time they are ready for delivery. (b) The property in the goods shall not pass to the Customer but shall remain with the Company until all sums owing from the Customer to us on whatsoever grounds shall have been paid and until such time the Customer shall hold the goods on trust for us. Such sums shall not be treated as paid until all cheques, bills or other instruments of payment given to us by the Customer have been met or honoured in accordance with their terms. (c) The Customer shall if so required store, mark or designate all goods referred to in sub-clause (b) hereof so clearly as to show that they are our property. (d) If the Customer shall default in the punctual payment of any such sums due to us we shall be entitled to enter any premises in occupation by the customer or to which he had access and where the goods may be situate. 9. (e) The Customer shall not pledge or allow any lieu or charge to arise over the goods or the documents of title thereto and shall not deal with them otherwise than in the normal course of the Customer’s business. (f) In the event of any sale or disposition of the goods by the Customer, the Customer shall hold on trust for us (i) If the goods have not been mixed with or incorporated or attached to other goods or buildings, the whole proceeds of the sale or disposition. (ii) If the goods have been mixed with or incorporated in other goods or buildings, so much of the proceeds of sale as is equal to the price of the goods under this agreement.
10. DELIVERY. (a) Delivery dates are estimates only and the time of delivery shall not be
of the essence of the contract. we shall not in any event be liable to compensate the
customer in damages or otherwise for any non-delivery or late delivery of goods or for any
loss consequential or otherwise arising therefrom. (b) We do not undertake to deliver or
collect any load over road or ground which in our judgement we consider to be
unsuitable . If a vehicle used for performing our contract with any Customer delivers or
collects a load to or from a place situated off the public highway the Customer is to be
solely responsible for any damage or accident and is to indemnify usefully in respect thereof.
11. INSPECTION. The Customer shall inspect the goods immediately upon delivery
thereof and shall within seven days from such delivery give notice to us of any matter or
thing by reason whereof the Customer may allege that the goods are not in accordance
with the order. If the Customer fails to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be deemed to have accepted the goods accordingly.
12. PAYMENT. (a) Unless the sale is for cash or other credit terms have been expressly
agreed all accounts are due for payment thirty days from the date of the invoice. (b) If the
sale is for cash all accounts are due before the goods are unloaded from the delivery
vehicle. (c) We reserve the right to refuse to execute any order or contract if the
arrangements for payment or the Customers credit are not satisfactory to us. In the case of non-payment of any account when due or in the case there shall be any fault or refusal on the part of the Customer to take due delivery of any goods or materials or in the case of death, incapacity, bankruptcy or insolvency of the Customer or where the Customer is a limited Company in the case of liquidation or the appointment of a receiver, then the purchase price of all goods and/or work invoiced and/or delivered by us to the customer to date shall immediately become due and payable from the Customer to us and in addition we are to have the right to cancel every contract made with the Customer or to suspend or continue delivery of goods and materials at our option without prejudice to our right to recover any loss sustained. interest at the rate of 5% per annum above the bank base rate shall be payable in respect of all sums outstanding. (c) The Customer shall not be entitled to withhold payment of any amount due to us by reason of any dispute or claim by the Customer in connection with the goods supplied nor shall the Customer be entitled to set off against any amount due to us any amount which is not then due and payable to us
for which we dispute liability.
13. PRICE. Our quotations and prices are based on costs prevailing at the time whether
they are given or agreed. We shall be entitled to adjust the price of goods by such amount
as may be necessary to cover any increase sustained by us after the date of the quotation
or order in any direct or indirect costs of making, supplying, handling or obtaining the goods.
14. SAMPLES. Samples submitted and illustrations/photographs in catalogues and literature must be accepted as showing type, class and general character only without warrantee or guarantee as to substance, performance, colour, size, thickness or shape.
15. RETURNS. Where the Company supplies goods made to the customers own
specifications, the Customer will be liable to recompense the Company for the cost of such
goods if through no fault on the part of the Company the goods are no longer required by
the Customer due to incorrect specifications being given by the Customer to the Company
or any other cause.
16. VALUE ADDED TAX. Unless clearly stated all quotations and offer prices are exclusive of VAT which will be added to all invoices at the rate applying to the appropriate tax point.
17. LAW. English law shall be applicable to this document.