Terms & conditions of sale

The conditions set out hereunder shall constitute the whole of the contract between the Company (Stone Productions Sussex) and the customer.

1. Samples:

   Please note: All natural materials are subject to variation in colour/colours, patterns, markings and texture. Where samples of goods are submitted by the company before a contract is made, it is on the basis that these are indicative only of the general type, quality, texture and colour of the goods being quoted for and any warranty or conditions, express or implied, whether statuary or otherwise that the bulk of the goods delivered will correspond precisely with any samples submitted is herby expressly excluded.





2. Orders:

   All orders whether verbal or in writing are subject to the Company’s written acknowledgement and are accepted on the understanding that these conditions apply. The Customer shall confirm in writing all verbal orders. Orders accepted cannot be cancelled without the Company’s written consent and on terms which indemnify the Company for all loss. It is the Customers responsibility to check the details on his order set out in the Company’s acknowledgement and to notify the Company forthwith of any discrepancies. If discrepancies are not notified, the Company accepts no liability whatsoever for any loss. No variation of order/contract for the supply of goods or any terms thereof shall be valid unless agreed in writing and signed by a person authorised to act on behalf of the Company.





3. Drawings and Details:

   Adequate detailed and full dimensioned drawings and other relevant particulars shall be supplied to the Company promptly so that stonework drawings can be prepared and submitted for approval. Unless specifically instructed, the Company has assumed that they shall not be required to visit site to take such details. If this is necessary the Company reserve the right to charge for this visit. Early approval of our drawings is essential to enable stonework to be prepared in a reasonable time. A programme is to be mutually agreed and the order of work established on which preparation of the drawings and production of stone can be based.





4. Quality and Quantity:

   All natural materials are subject to possible flaws. These would be stopped, reinforced and protected where we consider necessary at the time of manufacture and no claim will be considered subsequently. Upon collection or delivery where goods are sold as first quality and seem to patently fail to correspond with the general type, quality, texture or colour to any samples previously submitted, or shall be proved unfit for the purpose (save for item 6) or of un-merchantable quality, or be of an unexpected quantity, upon;
   (i) The Customer describing his complaint upon the appropriate delivery ticket.
   (ii) The Customer notifying the Company in writing of the complaint within 7 days of delivery.
   (iii) The Company being satisfied that the complaint is justified;
   then such goods shall be replaced/made by the company at its own expense. Save as aforesaid and save in respect of death or personal injury caused by the negligence of the Company, the Company shall incur no liability whatsoever for any loss or damage whatsoever arising (whether directly or indirectly) out of any defects in goods sold as first quality.





5. Goods other than first quality:

   All goods other than those sold as first quality are sold with all faults. In relation to such goods, all representations, warranties and conditions, express or implied, whether statutory or otherwise are hereby expressly excluded.





6. Fitness of goods for purpose:

   Without prejudice no representations, warranties or conditions are given by the Company as to the stones fitness for the purpose of use. It is for the customer to rely on his own and not the Company’s skill and judgement to satisfy themselves that the goods and materials are of the required quality and fit for the purpose intended.





7. Delivery:

   The company shall incur no liability whatsoever for any loss or damage (whether direct or indirect) suffered by the Customer in the event that the delivery of goods should be delayed or rendered impossible by reason of any cause whatsoever which is beyond the control of the Company. The rate of delivery is as stated at time of quotation and allows for 1 hour to complete unloading. Any time taken in excess of such period will be charged for as demurrage. Any additional packing material, preparation for mechanical handling required, if not previously quoted will be an extra charge. The Company will only deliver to an unloading point accessible by a good hard road of adequate width and capacity. In the event of there being no such facility the Company reserves the right to reschedule delivery at the point of manufacture. The Company shall incur no liability whatsoever for any damage whatsoever caused to goods in the course of unloading.





8. Prices:

   Prices quoted can rise and fall unless stated to the contrary. Prices quoted will be based on a proposed delivery date at quotation point, delays in this date may result in the Company revising the quotation at a later point. Quotations are based on information given to the company up to the time of quoting. If the final details differ from those known to us at time of quoting, the Company reserve the right to amend both quoted prices and programme. Extra work required to be carried out, will be agreed in writing before commencement. All prices are exclusive of VAT.





9. Payment:

   Payment terms are determined by the Customers previous payment performance and history with the Company. All payment terms are stated at quotation stage. Most invoices are assigned to Lloyds TSB Commercial Finance and payment must be made within 28 days from invoice date to them. The Company reserves the right to credit check any Customer before agreeing to a contract and terms for payment. In the case of Limited Companies this does not require the Customers agreement but in the case of Sole Traders and Partnerships the Company would make this request direct to the Customer. If any account is not paid when due then
   (i) the Company may forfeit any discount to which the customer would otherwise be entitled under this or any other contract;
   (ii) the price of goods already delivered/collected or awaiting delivery/collection to the Customer under this or any other contract shall be payable immediately;
   (iii) the Company shall have the right to withhold and/or cancel all further manufacture, deliveries, collection of goods under this or any other contract
   (iv) the Customer hereby agrees that he will not seek to exercise any right of off set or counterclaim or otherwise withhold payment in respect of any goods delivered/collected pursuant to this or any other contract between the Parties for any reason whatsoever or howsoever rising. Until full and correct payment has been made, ownership and all rights are the property of the Company.
   
   No delay in the exercise of any of the Company’s rights hereunder shall operate as a waiver of nor in any way prejudice such rights.