Terms and Conditions
TERMS & CONDITIONS
1. INTRODUCTION OF TERMS
a) These Conditions shall apply to all contracts for the sale and installation of goods by Natural Stone Projects Ltd (hereafter referred to as ‘the Seller’), to an individual or company (hereafter referred to as ‘the Buyer’) to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
b) All orders for Goods & Services shall be deemed to be an offer by the Buyer to purchase Goods and Services pursuant to these Conditions.
c) Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by an authorised representative of the Seller.
d) In the event that any of these Terms and Conditions of sale is deemed wholly or partly unenforceable by a Court of Law, the offending term or terms shall be severed to allow the remaining provisions to apply in full force.
e) These terms and conditions do not affect the Buyers statutory rights under the laws of England and Wales.
2. SUPPLY OF STONE
a) Stone is a natural product which varies in colour and will contain markings, small holes, fissures and flaws, some of which may be artificially filled and therefore:
i) unless otherwise agreed in writing this is not a sale by sample and no warranties can be offered to match material from a sample and
ii) any subsequent order of the same stone will not come from the same batch; colour and veining differences are to be expected as stone is a natural product.
b) Selection of material to supply to the Buyer will be at the discretion of the Seller unless agreed in writing to the contrary.
c) Selection of material by the Buyer from a batch, where agreed in writing will attract a premium cost.
d) The supply of samples is at the discretion of the Seller and a charge may be applicable.
e) Flooring calibrations are nominal. A variation of +/- 3mm in thickness is normal and variance outside this range may occur. The Seller cannot take any responsibility for measurements outside this nominal calibration.
f) Due to the unique character of natural stone, images of the Seller’s goods represented on websites or sales literature are for illustration purposes only and not to be relied upon as the basis of a decision to purchase.
3. PERFORMANCE OF STONE
a) Natural stone is liable to staining. Although it can be impregnated with a substance to increase resistance to staining, it is not stain-proof and in particular cannot be protected against etching from acidic substances. We highly recommend that the material is treated periodically with a similar product to maintain this resistance.
b) It is for the Buyer to decide if the material is fit for their purpose and no warranty is given by the Seller unless agreed specifically in writing as performance of different materials will vary in different circumstances,(e.g. outdoors, a swimming pool or as a kitchen worktop). We can supply generic test data for all of our stones but the Buyer should arrange testing independently to verify suitability for their own project before they purchase.
c) Stone should be professionally installed and any chemical treatments applied in accordance with manufacturer’s instructions for optimum performance.
d) It is the Buyers responsibility to ensure that all surfaces and substrates are prepared and adequate for the stone flooring or products with regard to movement, weight or any other structural issues. Any advice given on these matters by the Seller is general and subject to the further approval of the Buyer’s professional advisers.
a) All quotations or estimates are valid for 30 days and are based on information supplied
b) The Buyer is responsible for confirming that the calculated square metre requirement is correct. The Seller cannot be held responsible for insufficient or surplus amounts being delivered resulting from unconfirmed requirements.
c) We may charge for additional visits required that are the result of the customer not complying with our template/installation process where applicable.
d) Lead times are approximate, from full and final instructions, the receipt of a deposit and subject to selected material arriving and performing as expected.
e) Key dates if changed may mean that the company cannot guarantee to adhere to initially planned/agreed timescales with regard to supply, manufacture, delivery or installation.
f) Quotations will be dependent on accuracy of information provided and clear and legible instructions. Any drawings sent to us for the purpose of a quotation must be fully dimensioned, accurate and to scale. The Seller cannot be held responsible for inaccuracies resulting from omissions or inaccurate information from the Buyer. Later amendments must be in writing and may attract a penalty
a) Any dates quoted for delivery are made in good faith and will be adhered to as far as possible, however time for delivery shall not be of the essence
b) All deliveries are to roadside only. The load will be delivered, at the driver’s discretion at the nearest and safest point to the property
c) You must check your order on delivery; advise us of any damage or defect at the point of delivery and any shortages within 48 hours unless a later inspection has been agreed in writing.
d) If the Buyer fails to take delivery of the Goods at the agreed time, then at the Seller’s discretion, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs of storage, including insurance.
e) Terms for delivery outside the UK must be confirmed in writing
f) The Seller will not be responsible for the delivery of goods by an independent carrier unless agreed otherwise in writing.
6. RISK , PROPERTY & LIABILITY
a) Risk of damage or loss of the goods shall pass to the Buyer when
i) in the case of goods to be collected, the Seller notifies the Buyer that the goods are ready for collection
ii) in the case of goods to be delivered by the Seller, at the time of delivery
iii) in the case of goods delivered by an independent carrier, at the time of collection, unless otherwise agreed in writing
iv) if the Buyer wrongfully fails to take delivery, the time when the Seller has tendered delivery of the Goods.
b) Ownership and property in the Goods shall not pass to the Buyer until full payment in cash or cleared funds is made for the full price, including VAT, for the Goods and services provided by the Seller
c) The Seller will not be liable for the goods whilst in transit by independent carriers unless agreed in writing. Transit insurance for goods collected by independent carriers for delivery to the Buyer’s destination will be the responsibility of the Buyer unless otherwise agreed in writing.
d) No claims in relation to the supply of stone will be accepted after installation.
e) The Seller shall not be responsible for any direct or indirect loss of profits, business or the imposition of a penalty or for any other special, indirect or consequential loss arising from a breach of contract with the Buyer.
7. TERMS OF PAYMENT & CANCELLATION
a) Payment terms for both the supply & installation of goods are 50% deposit to secure an order unless otherwise agreed in writing
b) The balance remaining from the Buyer must be cleared before delivery of Goods takes place
c) In the case of installation work only, a retainer of 5% of the installation fee may be withheld by the Buyer until the completion of installation.
d) In the case of part deliveries, whether at the instigation of the Seller or the Buyer, staged payments may take place if agreed in writing.
e) Terms of payments for samples, where required, are as set out in the quotation
f) Cancellations should be notified and confirmed in writing to the Seller at the very earliest opportunity.
g) Deposits are non-refundable unless otherwise agreed in writing by the Seller.
a) Programmes for installation are issued assuming that preparation works have been completed. Delay resulting from a lack of preparation from the Buyer or their agents may result in charges on a daily basis.
b) Where delay is caused on the part of the Buyer, there is no guarantee that the fitter will be available for the later date and charges may be made if no other work is available for the fitter for the allotted period.
c) Programmes for installation are created in good faith and the Seller cannot be held responsible for delays caused by unforeseen circumstances.
d) Any fitting charges are based on using a standard two man team assuming good and level access from the point of unloading to the final fit position, unless agreed otherwise in writing. Any variation to this is not only likely to incur additional charges but is likely to result in amendments to previously planned or agreed timescales.
e) Protection of stonework installed by the Seller, both during and after completion of works, is the responsibility of the Buyer, unless otherwise agreed in writing.
f) Under-floor heating must be laid, protected and fully commissioned by the client prior to installation of stone by the Seller.
g) The longest length without a joint is normally 2500mm. The Seller reserves the right to position any joint where it deems most suitable, including both sides of a cut out in the stone.
h) Up-stands & splash-backs will only be fitted where walls are true. Scribing of worktops on site, where requested, will be charged as extra. The Buyer’s decorator or contractor may be required to make good remaining gaps between walls and worktops or up-stands.
i) Under-mounted sinks must be mounted in a carcass for templating.
j) The Seller will not undertake any plumbing or electrical work
a) Prior to manufacture of Goods, all templates must be presented and checked by an authorised representative of the Seller and be signed with the Buyer or an agent of the Buyer as being in accordance with the Buyers instructions
b) Drawings produced by the Seller are produced in good faith upon the information supplied or obtained. It is the responsibility of the Buyer to check the drawings for any inaccuracies or omissions.
c) Changes to original specification may result in additional charges and we may charge for additional visits required that are the result of the customer not complying with our template/installation process where applicable.
10. DISPUTE RESOLUTION
a) In the event of a dispute arising under a contract it will be subject to the laws of England and Wales and any proceedings will be within that jurisdiction.
b) The terms of the Housing Grants, Construction and Regeneration Act 1996 Part 11 will be implied in default of a contractual provision where applicable.
c) Adjudication: Either party may give notice at any time of his intention to refer a dispute to adjudication under a procedure complying with the provisions of the Housing Grants, Construction and Regeneration Act 1996 Part 11 s.108 where applicable.
11. RIGHT OF CANCELLATION FOR CONSUMERS
a) This clause only applies if you are acting for a purpose outside your business and there has been a distance or off premises contract as defined under Consumer Contracts Regulations 2013 (applies from 13.06.2014). Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made. Off premises contract is where the contract was concluded at a meeting away from our business premises
b)You may cancel this Agreement within 14 working days (period of cancellation) beginning the day after you receive the Goods without giving any reason. The cancellation period will expire after 14 days.
c) To exercise the right to cancel you must inform us of your decision to cancel this contract by clear statement in writing. You may do this by using the model cancellation form below , a letter or email sent within the 14 days to us at our registered office at Natural StoneProjects Ltd Suite 15847, 145-157 St John St, London, ECIV 4PY, (firstname.lastname@example.org 020 8943 3221) If you tell us verbally you will still need to send confirmation in writing within the 14 days. Please ensure that we have received this by seeking a written acknowledgment by letter or email from Natural Stone Projects.
d) A model cancellation form is as follows:
To Natural StoneProjects Ltd Suite 15847, 20-22 Wenlock Rd, London N1 7GU (email@example.com Subject line:Consumer cancellation)
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
Ordered on/received on: Date
Name of Consumer:
Address of Consumer:
Signature of consumer ( if notified on paper)
e) You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
f)If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost and risk. If we collect the goods, then you will be liable for the cost of collection. Our acceptance of your order is on the basis you agree to bear these costs.
g) You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care or by unnecessary handling.
h) If you cancel this contract we will reimburse to you all payments received from you including delivery ( except for additional charges beyond a basic standard delivery). We will repay by the same means of payment not later than 14 days after we receive the returned goods.
i) Our written communication with you will be by email as a durable medium unless you request a paper copy. Any such request must be in writing ( by letter or email) for the avoidance of doubt .
j) In the event of a complaints or query, please write to firstname.lastname@example.org or our registered office at Natural Stone Projects Ltd Suite 15847, 20-22 Wenlock Rd, London N1 7GU, (email@example.com 020 8943 3221)
Natural Stone Projects Ltd. Registered office 20-22 Wenlock Rd, London N1 7GU . Tel 020 8943 3221