TERMS AND CONDITIONS
1.
Definitions.
Conditions
- these terms and conditions of sale and any special terms and
conditions agreed in writing by our authorised representative.
Contract - the contract for the purchase and sale of Goods and/or
supply of Services.
Goods - the goods which we are to supply in accordance with
these Conditions.
Services - the services which we are to supply in accordance
with these Conditions.
The Site - the premises where the goods are to be installed
or delivered to.
Us - Touchstone Worktops Ltd.
You - the person who accepts our quotation for the sale of the
Goods and/or for the supply of the Services or whose order for
the Goods or Services is accepted.
Deposit - we take the receipt of a deposit as an order/contract
for the Goods or Services required to be provided by us.
2.
Formation of Contract.
a)
These conditions shall apply to all Contracts to the exclusion
of all other terms and conditions including any terms or conditions
which you may purport to apply under any purchase order or similar
document.
b) Our employees or agents are not authorised to make any representations
regarding the Goods unless confirmed in writing. In entering
into the Contract you acknowledge that you do not rely on any
such representations which have so been confirmed.
c) Any advice or recommendation given by us, our employees or
agents to you as to the storage, transportation, application,
care or use of the Goods which is not confirmed in writing is
followed or acted upon entirely at your risk.
3.
Price and payment.
a)
The price shall be our quoted price and is exclusive of VAT
that is due at the prevailing rate. We reserve the right, by
giving you notice at any time before delivery, to increase the
price to reflect any increases in the cost to us which is due
to any factor beyond our control, (including, but not limited
to, any significant increase on the costs of labour, materials
or other costs of manufacture or installation), any change in
delivery dates, quantities or specifications for the Goods which
is requested by you, or any delay caused by any instructions
of you or failure by you to give us adequate information or
instructions.
b) A non-refundable deposit of 65% of the total price (inclusive
of VAT) is payable by you prior to commencement of any order.
The deposit is payable by you prior to delivery of the Goods
and/or performance of the Services. For works which do not require
us to install the goods the balance is due C.O.D. For payment
on all other works the balance is due within a maximum of 7
(seven) days of the date of installation/invoice which ever
is earlier.
c) Interest on overdue invoices shall accrue from the date when the payment becomes due from day to day until the date of the payment at a rate of 8% above Natwest Bank base rate from time to time in force.
d). Payments can be made in cash, cheque, or debit card for the exact amount billed. All payments made by any credit card attract a 2.5% handling charge.
4.
Cancellation.
No
order, which has been accepted by us, may be cancelled by you
except with our written agreement and on terms that you shall
indemnify for us in full against all loss (including loss of
profit), costs (including the cost of all labour and materials
used), damages, charges and expenses incurred by us as a result
of cancellation.
5.
The Goods.
The
quantity and general description of the Goods shall be as set
in our quotation. The Goods are natural products and, as such,
are sold subject to their natural markings, grain, variations
in colour, cracks and vents. We do not accept any responsibility
for claims based on the existence of such natural characteristics
or for repairs to these natural areas where we have undertaken
repair work.
6.
Your Obligations.
It
is your responsibility to ensure that,
a)
the Goods are suitable for their intended use, whether or not
such use has been made known to us.
b) quantities ordered and measurements taken (whether by us
or a third party) are correct.
c) all details of the Goods and Services required by you have
been communicated to us and that our quotation accurately reflects
your needs/requirements.
d) you are present at the pre-arranged time of templating or
you provide a clear written guide for our employee making the
template.
e) you check any template prepared by us and notify us immediately
if it is incorrect.
f) once we remove the template to our premises to commence cutting,
the template is correct and therefore
g) any site alterations, which affect any template made by us,
made after our template has been taken, be notified in writing
immediately before any commencement of production or you will
be rendered liable for the full cost of the alterations to the
Goods or the order and the template alterations.
h) any template prepared by you is accurate and correct. Any
amendment to the template must be advised to us in writing before
production has commenced.
i) we have access to the Site at the time agreed by between
us. If we are unable to access at the time agreed you shall
be responsible for all resultant costs and expenses incurred
by us.
j) All steps as may be necessary to ensure the safety of any
of our employees or representatives who attend the Site are
taken by you.
7.
Inspection of Goods & Services.
a)
You shall inspect the goods upon delivery of the order or upon
completion of installation and notify us as soon as possible
and in any event within 5 days of delivery or installation of
any alleged defect, shortage in quantity, damage or failure
to comply in or with our description. You shall allow us to
inspect the Goods within a reasonable time after delivery or
installation and before any use is made of them. If you fail
to comply with this clause the Goods and Services shall be conclusively
proved to be in accordance with the Contract and you shall be
deemed to have accepted the Goods and/or Services.
b) If the goods or Services are not in accordance with the Contract
for any reason, your sole remedy shall be limited to us making
good any defect or replacing the Goods.
c) Our liability to you, whether for any breach of Contract
or otherwise, shall not in any event exceed the price paid by
you and we shall be under no liability for any direct loss and/or
expense suffered by you or liability to third parties incurred
by you.
d) All warranties and conditions whether implied statue or otherwise
are excluded from this Contract provided that nothing on this
Contract shall restrict or exclude liability for death or personal
injury caused by our negligence or affect you statuary consumer
rights.
8.
Acceptance, Delivery and Risk.
a)
In the absence of any notification as referred to above, you
shall be deemed to have accepted all Goods and Services five
days after installation or delivery to you at the address notified
to us by you or collection from our premises.
b) Any time or date for templating, delivery or fixing given
by us is given in good faith, but is an estimate only.
c) Risk in the Goods shall pass to you upon delivery/fixing
or collection by you from our premises.
d) Deliveries shall be carried out during normal office hours
to the door on the ground floor of the premises stated on your
order. Any departure from this agreement will lead to an additional
charge being levied.
9.
Title to the Goods.
a)
Title in the Goods shall not pass to you until we have received
in cash or cleared funds payment in full for the price of the
Goods and all other Goods/Service agreed to be sold by us to
you for which payment is then due, but even though title has
not passed, we shall be entitled to sue for the price of the
Goods once payment has become due.
b) Until property in the Goods passes to you;
b1) You should hold the Goods as our agent and keep the Goods
separate from those of third parties and properly stored, protected
and insured and identified as our property.
b2) We shall be at any time to require you to deliver up the
Goods to us and, if you fail to do so forthwith, you hereby
authorise us to enter upon any premises of yours where the Goods
are stored and repossess the Goods. If the Goods have been installed
or fitted by a third party or us, we undertake to make good
any damage caused by such repossession.
10.
Force Majeure.
a)
We shall not be under any liability for any failure to peform
any of obligations under Force Majeure. Following notification
by us to you of such a cause we shall be allowed a reasonable
extension of time for the performance of our obligations.
b) For the purposes of this condition "Force Majeure"
means fire, explosion, flood, lighting, Act of God, act of terrorism,
war rebellion, riot, sabotage, or official strike or similar
official labour dispute, or events or circumstances outside
our reasonable control.
11.
Your insolvency.
This
clause applies if,
a)
You make any voluntary arrangement with your creditors, or (being
an individual or firm) become bankrupt or (being a company)
become subject to an administration order or go into liquidation
(other than for the purposes of amalgamation or reconstruction)
b) An encumbrancer takes possession, or a receiver is appointed
of any of your property or assets, or
c) You cease or threaten to cease to carry on business; or
d) We reasonably apprehend that any of the events mentioned
above is about to occur in relation to you and notify you accordingly
If this clause applies then, without prejudice to any other
right or remedy available to us, we shall be entitled to cancel
the Contact or suspend any further deliveries under the Contract
without any liability. If the Goods have been delivered but
not paid for, the price shall become immediately due and payable
not withstanding any previous agreement or arrangement to the
contrary.
12.
Applicable Law.
The
Contract or any order is subject to the law of England and Wales. |
