Terms and Conditions

GRANITE SLABS UK LTD - TERMS AND CONDITIONS
 

1.DEFINITION

In these Terms & Conditions the following expressions shall have the meanings assigned to them below:-
  1. the “Company shall mean Granite Slabs UK Ltd
  2. the “Invoice shall mean the invoice set forth on the reverse hereof (if applicable)
  3. the “Order” shall mean the order set forth on the reverse hereof (if applicable)
  4. the “Purchaser” shall mean the individual partnership or company in whose name the Order or Invoice (as the case may be) is made out;
  5. the “Goods” shall mean the goods the subject of the Order or the Invoice
  6. the “Shipment Date” shall mean the date(s)(if any) set forth on the reverse hereof being the agreed date(s) for shipment of the Goods.
 

2.TERMS & CONDITIONS

These terms & conditions shall prevail over any terms and conditions or similar provisions contained or referred to in correspondence between the Company and the Purchaser or elsewhere or implied by trade custom or course of dealing and shall supersede and exclude any terms and conditions or similar provisions upon which the Purchaser may itself purport to order the Goods. Acceptance of the Goods by the Purchaser shall be conclusive evidence before any court of law or arbitrator that these
Terms and Conditions apply. The Purchaser acknowledges that before entering into agreement for the purpose of the Goods from the Company he has expressly
represented and warranted that he is not insolvent and has not committed any act of bankruptcy or, being a company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, to petition for winding up of the Company or apply for the appointment
of an administrator or exercise any other rights over or against the company’s assets.
 

3.GOODS

  1. Technical data, dimensions and other information stated in the current catalogues and price list of the Company serve only as a guide and are provided on the understanding that the Company shall not be liable in any circumstances for any losses, expenses or damages of any kind which may result in anyway from the use of the information provided.
  2. It is the Purchaser’s responsibility to determine if Goods are suitable for the contemplated use whether or not such use is known to the Company
  3. The Purchaser shall ensure that quantities ordered and measurements taken, whether by the Company or a third party are correct. The Goods are natural products or engineered stones and are subject to variations in colour, grain and markings and the Company cannot guarantee to match previous orders.
  4. The thickness of goods is nominal and can vary slightly. We endeavour to keep this variation to within +/- 3mm. Any issues with goods being over this amount should be reported to us straight away prior to fabricating to ensure you receive a swap on the material.
  5. The Company cannot accept any claim based on a variation in colour, grain or markings of goods that have been laid or fixed.
  6. Samples are provided on the clear understanding that they are merely representative of the Goods.
  7. To reserve slabs, Purchaser must notify the Company by email. If the period of the reservation excides seven days, a 10% no refundable deposit will be required, having 45 days to finalize the purchase of the Goods. If not, the Goods will be return to Company Live Stock.
 

4.PRICE AND PAYMENT

  1. The price stated on the invoice or order (as the case may be) is the price of the Goods as quoted by the Company and accepted by the Purchaser
  2. Payment in full in respect of the invoice (including VAT if eligible) shall be effected on delivery. Time for payment is of the essence of the contract.
  3. Without prejudice to the provisions of this clause if the Purchaser shall become insolvent, be adjudicated bankrupt, go into liquidation (otherwise than for the purpose of and immediately followed by amalgamation or reconstruction) or suffer the appointment of a receiver, Manager or (under the Insolvency Act 1986) Administrator to any part of its assets or the Purchaser makes any composition with of its creditors than in any such case and notwithstanding whether shipment of the Goods has taken place the entire purchase price stated on the Order shall become payable forthwith.
  4. If payment in full of the invoice is not made in accordance with the payment term agreed with the Purchaser the Company reserves the right to charge interest at five per cent(5%) above the base rate for the time being of Barclays Bank Plc on the amount outstanding from the due date for such payment until payment in full is made and to charge the Purchaser any costs reasonably incurred by the Company in the process of procuring such payment.
  5. Unless otherwise marked on the order, the price will not include the cost of delivery.
  6. The Company reserves the right at its sole discretion to require the Purchaser to deposit with it a sum equivalent to one third of the total purchase price of the Goods upon acceptance by it of this Order and/or to require the Purchaser to pay the full purchase price of the Goods prior to delivery thereof.
 

5.CANCELLATION

Cancellation of the Order or part thereof by the Purchaser will only be effective if made in writing and received by the Company within twenty four (24) hours of the date of the Order and such cancellation is acknowledged in writing by the Company.
 

6.VARIATION

No variation of the Order as to quality, quantity, price, shipment date, place of delivery or of any other nature shall be effective or binding upon the Company unless the prior written approval of the Company thereto shall have been given.
 

7.PERFORMANCE

  1. The Company shall not be liable for any loss sustained by the Purchaser or damage to the Purchasers property whatsoever and howsoever arising directly out of or in consequence of any act or omission by the Company in the supply of Goods or the performance and discharge of the Order including without limitation delay, detention, loss of production, loss of profit, loss of time charges or liability to third parties
  2. Nothing contained in these conditions shall affect the Company’s liability under the Unfair Contract Terms Act 1977 for death or personal injury caused by the negligence of the Company.
 

8.REFERENCES

The Company shall be entitled at any time after the Order has been placed by the Purchaser to seek independent banking or other references in respect of the Purchaser, in
the event that in the opinion of the Company any such references are not satisfactory then the Order shall be subject to immediate termination if the Company so notifies the Purchaser.
 

9.RETENTION OF TITLE

  1. The acceptance by the Company of the order shall constitute an agreement to sell the Goods and shall not be a sale of the goods and title to the goods shall not pass to the Purchaser by reason of delivery or acceptance thereof.
  2. Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all Goods and/or Service the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer. The Purchaser acknowledges that until such time as full payment shall be made it is in possession of the Goods as bailee for the Company and shall store the Goods separately from its own goods and other materials and in such a fashion as to be readily identifiable by the Company.
  3. The Purchaser’s right to possession of the Goods shall cease if prior to full payment for the Goods being made to the Company any of the following occur in which event the Company shall be entitled to repossess the Goods
    1. the period for payment for the Goods set out on the reverse hereof expires
    2. the Purchaser, if not a company, commits an act of bankruptcy, makes a proposal to his creditors under Section 253 of the Insolvency Act 1986 or does anything which would entitle a petition for a bankruptcy order to be made
    3. the Purchaser, being a Company, does anything or fails to do anything which would entitle a receiver to take possession of any of its assets or which would entitle any person to present a petition for winding up or apply for an administration order
    4. the Purchaser or any director thereof shall apply to the Court under Section 9 of the Insolvency Act 1986 for the appointment of an administrator without giving fourteen days prior notice thereof to the Company.
  4. the Company may for the purpose of recovery of the Goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
  5. the Purchaser is hereby licensed to sell the Goods but shall hold the entire proceeds of such sale as trustee and agent for the Company and shall not mingle any of the proceeds of sale with its own monies or in any bank account with other monies but shall ensure that all such receipts of sale are separate and identifiable until the due date for payment is provided in Clause 4 hereof.
  6. If a receiver is appointed to the Purchaser and at the time of such appointment the Purchaser shall not have received the proceeds of sale, the Purchaser or the receiver, as agent for the Purchaser, shall assign to the Company within seven days all rights against any person or persons to whom the Goods have been sold.
  7. If a receiver of manager or any other person acting for the Purchaser fails to return the Goods that are the property of the Company, the return of which has been demanded in accordance with these Terms and Conditions, the Purchaser shall pay the Company as agreed liquidated damages for the detinue and/or conversion of the Goods, double the agreed price of the Goods; and if any such person shall fail to assign to the Company any rights against a third person as required by sub clause (1) above hereof, the Purchaser shall be liable to payment to the Company of interest thereon at the Barclays Bank plc base rate plus three per centum (3%) until the Company shall receive all the monies due.
  8. If a receiver or manager or any other person acting on behalf of the Purchaser shall in any way seek to impugn the Company’s title to the Goods, or shall seek to claim that this conditional sale amounts to a charge on the Purchasers assets, he shall pay to the Company as liquidated damages for slander of title, double the agreed price of the Goods.
 

10.INSPECTION

  1. the Company shall at its own discretion replace or repair any Goods accepted by it as being defective provided that such defect did not arise from any act or omission on the part of the Purchaser and such Goods are returned to the Company within ten days of the giving of notice as aforesaid.
  2. No claim shall be accepted unless the Goods are retained for the inspection of the Company and made available for such purpose.
  3. The Company shall be entitled to make partial deliveries.
 

11.NOTICES

All notices required to be given by the Company or the Purchaser hereunder may be sent by prepaid registered post to the address of the other party appearing on the order and shall be deemed to have been received 48 hours after posting. Proof of such posting shall be sufficient evidence of delivery.
 

12.ENGLISH LAW

The construction, validity and performance of these Terms and Conditions and matters pertaining thereto shall be governed in all respects by English Law and shall be subject to the jurisdiction of the English Courts.
 
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