1. Basis of Sale
1.1 The Contract is between Stonecrest Marble Ltd (“Stonecrest”) of Unit 6 Cranford Way,London, N8 9DG and the person who accepts the quotation from Stonecrest for the sales of the goods or whose order of the goods is accepted by Stonecrest ("the Customer")
2. Orders and Specifications
2.1 On receipt of an order from a Customer Stonecrest will issue an order acknowledgement that will confirm the relevant specification details and price. It is the responsibility of the Customer to ensure that this acknowledgement correctly reflects their requirements and the order acknowledgement must be signed and returned to Stonecrest.
2.2 The quality, quantity and specification of the goods shall be those set out in the order form, subject to the following:
2.2.1 All natural materials supplied are subject to their natural markings, veinings, variations in colour, cracks and vents. These are supplied cramped, stopped or reinforced where necessary and no claim on this account can be made.
2.2.2 The exact resemblance's of the product supplied to any samples supplied can not be guaranteed.
2.2.3 Descriptions of material offered are for guidance only and do not imply suitability.
2.2.4 All thickness quoted are nominal and no liability is accepted for reasonable variations
3. Price of Goods
3.1 The price of goods is the price stated in Stonecrest's order acknowledgement. Unless otherwise stated all prices are given exclusive of VAT which will be chargeable at the rate applicable at the time of delivery.
4. Terms of Payment
4.1 Customers without an account with Stonecrest will be required to make payment as follows.
4.1.1 50% Deposit with an order and the balance paid with cleared funds at the time the goods leave the works or earlier if delivery is delayed by the Customer.
4.2 Customers with an account with Stonecrest will be required to make payment within thirty days of the date of invoice.
4.3 Stonecrest reserves the right to charge interest at the rate of 1.5% per month on unpaid balances.
5. Delivery
5.1 Delivery of goods shall be considered by Stonecrest to be made upon physical delivery by Stonecrest or collection by the Customer or authorised agent from Stonecrest.
5.2 Any dates quoted for delivery of the goods are approximate only and Stonecrest shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence of the contract unless expressly agreed by Stonecrest in writing.
5.3 Deliveires are made through an external haulage company. standard deliveries are kerbside at the descrestion of the driver. It is the liability of the customer to inform us of any factors that may hinder the delivery.
6. Risk and Property
6.1 Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the goods, the time when Stonecrest has tendered delivery of the goods.
6.2 The property in the goods shall not pass to the Customer until Stonecrest has received full payment.
6.3 When opening a Trade Account with Stonecrest please be aware of the following statement; "We, the undersigned being directors/ partners of the applicant company jointly and severally guarantee as a principal performance of all the companies financial obligations to Stonecrest Marble Ltd". This means that any debts/ costs accrued outstanding with Stonecrest are the personal responsibility of the directors/ partners of the applicant company.
7. Warranties and Liability
7.1 Stonecrest shall be under no liability in respect of any defect in the goods arising from any drawing, design, specification or template supplied by or on behalf of the Customer.
7.1.1 Stonescrest shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Stonecrest's instructions (whether oral or in writing),misuse or alteration or repair of the goods without Stonecrest's approval.
7.2 Any claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with their description shall (whether or not delivery is refused by the Customer) be notified to Stonecrest within three days from the date of delivery. If delivery is not refused, and the Customer does not notify Stonecrest accordingly, Stonecrest shall have no liability for such defect or failure.
7.3 Where any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods or their failure to match their description is notified to Stonecrest in accordance with these conditions, Stonecrest shall be entitled to replace the goods (or the part in question) free or charge or, at the discretion of Stonecrest, refund to the Customer the price of the goods (or a proportionate part of the price) but Stonecrest shall have no further liability to the Customer.
7.4 Stonecrest shall offer the customer a retuns policy for which a handling charge of 25% is applicable ONLY for goods returned in the conditon the goods were recived.
7.5 It is the responsibilty of the Customer to notify Stonecrest within 24hours of reciept of goods of any breakages or discrepancies after which point section 7.4 will come into effect.
7.6 Special Ordered product(s) which are either made to measure or non stocked item(s) must be paid for in advance. Under NO circumstances will a refund be given once goods have been ordered.
7.7 A storage charge will be levied on goods that have been held for over one month at a rate of £13.16 per pallet per day. Goods left during this period will be at the risk of the customer.