Detailing on Fireplace

Conditions of Sale

BASIS OF THIS CONTRACT

In these terms the Company means W.B.Victoria Stone Ltd of 79 St Johns Road Royal Tunbridge Wells Kent TN4 9TU. Also the Company warehouse at Finchcocks Fordcombe Road Fordcombe Kent TN3 0RD and the buyer (“BUYER”) means any person placing an order with the company for the purchase of goods (“GOODS”).

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.

Any other terms, conditions or provisions whether proposed by the BUYER orally or in writing shall be of no effect and the sale of goods by the Company to the BUYER shall not constitute acceptance of such terms, conditions or provisions.

Unless specifically agreed in writing and signed by a Director of the Company, information and advice given orally or in correspondence between the Company and the BUYER before the date of the contract, is given gratuitously and without responsibility on the part of the Company and shall not form part of the contract.

The contract comprised by these terms shall comprise the entire contract between the Company and the BUYER (the CONTRACT).

It is the BUYER’s responsibility to organise the removal or rolling back of any carpet in an area around where the work is to be carried out.  Also the removal of any soft furnishings and valuable items to ensure they are not damaged.  The Company will not be held responsible for damage howsoever caused if this clause is not adhered to.

Our estimate does not include for any redecoration or refitting of any skirting boards that have had to be removed in the work process.

It is to be accepted that most stone fireplaces have a certain water content when first supplied and fitted and will take a short while to dry out so may lighten or change in colour.

The Company reserves the right not to issue any warranties, HETAS or Gas certificates until full payment has been received for all goods and services supplied.

For all stoves and solid fuel fires to work as manufactures describe, all wood used must be seasoned and dry with no more than 20% moisture content.

 

 

PRICES

The Company will endeavour to maintain the prices shown on the current price list, but the Company reserves the right to increase prices to reflect any increase in its cost resulting from:

  1. Any alterations in or additional to the BUYERS requirements
  2. The BUYERS instructions or lack of instructions.
  3. Once work has started and it is found that further work is required that was not noted at the time of the survey and therefore was not included in the estimate. The Company reserves the right to charge for the additional work needed to rectify the situation.
  4. The company reserves the right to charge for additional cost incurred for remedial works where existing gas supplies are found to be under sized, partially or completely blocked, or disconnected by others.
  5. Any interruptions, delays or additional overtime work arising from causes for which the Company is not directly responsible.
  6. Any increase in (or new) tax, duties or levies (including VAT) imposed on the goods.
  7. Fluctuations in foreign exchange rates.

The prices do not include any applicable VAT or other duties or taxes which may be chargeable in connection with the supply of goods to the BUYER which the BUYER shall pay in addition to the price. The Company shall have the right to invoice the BUYER in respect of a partial delivery of the goods.

PAYMENT

The BUYER must pay for the goods in full before an order can be processed (the goods can be inspected at the Company’s premises by prior agreement) and a date arranged for delivery, installation or collection.

Any deposits so paid, shall for the avoidance of doubt be non-returnable.  (If the full payment is not made on the due date then interest shall therefore be payable on the outstanding balance at the rate of 2% above Barclays Bank PLC minimum lending rate).  Subject thereto, the Company may at its absolute discretion charge a fee of 20% of value of any order that is cancelled by the BUYER in lieu of retaining the full amount of any deposit or payment.

The BUYER shall not be entitled to withhold payment of any invoice by reason of any right or set off or any claim or dispute with the Company, whether relating to the quality or performance of the goods or otherwise.

Any deposit shall be held by the Company as a deposit and a part payment. The Company shall have the right to suspend performance of its obligations under this contract if it reasonably believes that the BUYER will not make payment.

DELIVERY (including collection and installation)

Dates and times given for completion or delivery (including collection and installation) of goods or of any stage or process are given as estimates only. The Company will endeavour to meet any time estimate, but reserves the right to amend any estimate and will notify the BUYER of such amendment where practicable. The Company shall not be liable to the buyer for loss or damage resulting from failure to meet a date or time estimate howsoever caused.

If this contract is for the delivery of goods  by instalments (including collection and installation) then failure by the Company to deliver one or more instalments shall not entitle the BUYER to claim compensation or to terminate or suspend this contract and/or reject those or subsequent deliveries.

It shall be the responsibility of the BUYER to examine the goods on delivery (including collection and installation) and notify the Company of any defects or short delivery at the time of delivery (including collection and installation).  If the BUYER fails to notify the Company  of such defects or short delivery at the time of delivery (including collection and installation) the Company shall be discharged from all liability (howsoever caused) arising from short delivery or such defects.

If the Company agrees to deliver (or to arrange delivery of, including collection and installation) the goods to place nominated by the BUYER, delivery shall be effected when delivery is tendered during normal working hours and suitable assistance given to the delivery driver on large or heavy items.  (Prior notice will be given if this is required).   

If the BUYER does not accept delivery of goods (including collection and installation) in accordance with this paragraph, the Company may arrange for the storage of the goods on the BUYER’s behalf without liability for loss or damage occurring after the agreed original delivery date.

The BUYER shall, in addition to the price, pay on demand all reasonable charges for storage, insurance and transport occasioned by its failure to take delivery on the original agreed delivery date (including collection and installation).

Where goods are collected by the BUYER or BUYER’s agent for the premises the Company shall not be liable any loss or damage caused to the goods while in transit. Upon collection the BUYER or BUYER’s agent shall carefully examine the goods on Company’s premises and shall immediately notify the Company of any shortage or defects that are reasonably discoverable on careful examination.  If the Company does not receive such notice at the time of collection it shall be discharged from all liability (howsoever caused) arising from such shortage or defects.

 

 

 

TITLE

The goods shall remain the property and absolute ownership of the Company until the BUYER has paid in full all amounts owed by the BUYER to the Company (including VAT) whether in respect of the goods or otherwise.

The risk in the goods shall pass from the Company to the BUYER on delivery (including collection and installation) of goods to the BUYER or the BUYER’s agent. However, notwithstanding delivery, installation or collection and the passing of risk in the goods title and property to the goods, including full legal and beneficial ownership, shall not pass to the BUYER until the Company has received in cash or cleared funds payment in full for the goods delivered, installed or collected by the BUYER or the BUYER’s agent  under this and other contracts between the Company and the BUYER for which payment for the full price of the goods there under has not been paid.  Until then the BUYER must insure and store the Company’s goods so that they are clearly identifiable as the company’s property.  The BUYER may use those goods and sell them in the ordinary course of its business, but not if the Company revokes the right (by informing the BUYER in writing) or the BUYER becoming insolvent. The BUYER must inform the Company immediately (in writing) if the BUYER becomes insolvent. The Company has the BUYER’s permission to enter the BUYER’s or third party storage premises to inspect the goods and after the BUYER’s right to use and sell the goods has ended, to remove them, using reasonable force if necessary.

This estimate is subject to materials and labour being available when required.

This estimate is open for acceptance for a period of three months from the date here off, after which it will be subjected to adjustment if required.

Limestone, sandstones, marble and slate are all natural materials and it is important to note that they have naturally occurring fossils, markings and veining.  These are part of their natural character and appeal. The individual sections can also vary in shade.  The Company cannot be held responsible for the variations.