Terms and Conditions
TERMS AND CONDITIONS
These conditions and any contract made subject to and construed with English Law.
(a) The (Seller) being the Company actioning the Sales advice note overleaf.
(b) The (Buyer) being the Company or Person to whom the sales advice note refers.
(c) These conditions override any Conditions stipulated by the buyer unless they are expressly accepted by the Seller in writing. No variation of any of these conditions bind the Seller unless expressly accepted by the Seller in writing.
(d) The placing of an order with the Seller is deemed to be an acceptance of these Conditions by the Buyer.
(e) These Conditions supersede any earlier sets of Conditions appearing on the Seller’s sales documentation or elsewhere and any conditions referred to in any negotiation unless expressly agreed to by the Seller in writing.
All quotations/estimates given by the seller are subject to withdrawal and alteration without notice and do not constitute an offer to supply goods.
(a) Prices charged are those ruling at the date of despatch to the Buyer and will be subject to Value Added Tax and any government duty or tax applicable.
(b) In the event of any alteration being required by the Buyer in design specification or quantity the Seller is entitled to vary the price.
A contract under which the company shall sell goods to the Buyer shall only come into existence once the company has received a 50% deposit and accepted the Buyers order for goods.
(a) Any time or date for delivery/installation named by the Seller is intended as an estimate only and is not of the essence of the contract.
(b) If any cause outside the Seller’s control or any unforeseen contingency render it impracticable for the seller to execute any order or to deliver /install within a reasonable time, the Seller reserves the right to cancel the order and to repay to the buyer any payment already received.
(c) The seller shall not be liable to the Buyer or a third party for any loss or damage whether direct, indirect or consequential to any property caused by or arising out of or connected with any delay in delivery/installation or failure to execute an order or to deliver/install the goods ordered or any cancellation of the Contract pursuant to sub-clause (b).
(d) The Buyer shall inspect the goods immediately on their arrival at the point of delivery and shall within 72 hours from such inspection give notice in writing to the Seller of any matter of thing by reason whereof the Buyer may allege that the goods are not in accordance with the contract. Within seven days of receiving such notice the Seller shall have the right to inspect the goods and provided that the Buyer has not used the goods and the Seller is satisfied that the defect alleged by the buyer shall not be responsible for any consequential loss or change than that of replacing the defective unused goods. If the buyer shall fail to give such notice as aforesaid, the goods shall be deemed to be in all respect in accordance with the Contract and the Buyer shall be bound and pay for the same accordingly.
Availability of goods
Any estimate/quotation given by the Seller shall not constitute an offer for sale or a representation that those goods are available for sale.
No title in the goods shall pass to the Buyer until the goods have been paid for in full nor shall any title pass until all sums owed by the Buyer to us on any account whatsoever have been paid in full.
- Orders cannot be cancelled or altered except with the written consent of the Seller and on terms which will indemnify the Seller against all losses and expenses.
- It is the Buyers responsibility to organise the rolling back of any carpet in the area where any work is taking place.
- Soft furnishings and valuables should be removed by the Buyer from the room where work is taking place. The Seller will not be liable for any damage howsoever caused if this clause is not adhered to.
- The Sellers estimate/quotation does not include redecoration or the re fitting of skirting boards that have to be removed in the work process.
- It is accepted that stone is a natural material where shade variations and fossilisation will occur. Stone fireplaces will lighten in colour following installation as the stone dries out.
- The Seller reserves the right not to issue any warranties, Hetas or Gas certificates until payment has been received for all goods and services supplied.
- All wood stoves and solid fuel appliances require dry seasoned wood with a moisture content below 20% to operate according to manufacturers’ instructions.
- All chimneys must be swept prior to installation and a safety certificate issued.