Terms & Conditions of Sale
General
1. Within these terms and conditions the company refers to Studio 2 (stonebrokers) Ltd trading as Studio 2
2. Subject as expressly provided in the Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
3. If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the conditions and remainder of the provision in question shall not be affected.
Technical Advice
1. Advice is given by the company’s representatives in good faith. The company shall not be liable for defects in the manufacture of tiles, errors by the manufacturers or any other circumstances beyond the company’s control.
2. All measurements and quantities and calculations are given in good faith and are subject to confirmation by the customer or their agent.
Samples
1. Any samples are exhibited or supplied solely to enable the customer to access the quality of the bulk and not so as to constitute a sale by sample.
2. The customer shall take the goods at their own risk as to their corresponding to the sample and as to their quality, condition sufficiency for any purpose
Variations
Goods are supplied within the manufacturers tolerance limits of size, texture and colour variation. Marble, Stone and Glass are subject to natural variations. Due to methods of manufacture many natural materials may arrive wet.
Comparisons with previous orders
No guarantee is given that the colour shades of goods supplied will match accurately the shades of previous orders
Crazing
No guarantee is given against crazing of goods and the company shall not be liable for any defects in the goods as a result of crazing.
Cleaning
1. Cleaning product manufacturers instructions as to the correct dilution and suitability of their products for enamels and glazes and natural stone products must always be complied with
2. Cleaning products containing Citric Acid should be avoided on green glaze tiles as should prolonged exposure to products which contain citric acid
3. Care should be taken when using all cleaning products that they are used only for their intended product. Always observe Health & Safety warnings
Quotations
Quotations are given in good faith and are based on current costs. The quoted price shall be subject to amendments in the event of alterations of the manufacturers’ price, currency or additional charges arising.
Delivery Quotations
1. Delivery time shall not be the essence of the contract
2. Any quotation by the company in respect of delivery time is given in good faith, but delivery is subject to availability of the requisite materials.
3. The company will make all reasonable efforts to comply with quoted delivery times but it shall not be liable for any failure to fulfil delivery on or before the quoted time.
4. Any arrangements made by the customer in anticipation of delivery shall be at the risk of the customer.
Force Majeur
The company shall not be liable for any loss occasioned by Act of God, War, Riot, Fire, Strike, change of governmental control of requisitions, changes of law, abnormal weather conditions, accident, breakdown or other circumstances beyond its control.
Place of Contract
1. The contract shall be deemed to have been made at the company’s place of business (Unit 6, Windle Court Clayhill Light Industrial Park , Neston, Merseyside , CH64 3UH
2. The seller is not bound by any change in the formal identity or status of the buyer until a formal written application is accepted by the seller in writing.
Property in Goods
Ownership shall not pass on any part of the goods until payment has been made in full.
Rights to Repossess
The company shall have a right to enter the customer’s premises on reasonable notice to repossess the company’s goods in respect of which property has not been passed.
Deliveries
1. If the company is requested to deliver to a site, delivery will be the nearest hard road to the site.
2. If the customer requests delivery to a site beyond the nearest hard road, then all risks to the goods shall be with the customer and no claim shall be entertained as to the condition of the goods on delivery.
3. Delivery to site established by a signed delivery note is conclusive evidence that the delivery has been made to the order of the customer and in compliance of the agreement.
4. Unloading the goods is the responsibility of the customer.
5. The customer shall effect the unloading of the goods with reasonable speed and commencing immediately after delivery of the goods.
Risk
1. If the company delivers the goods in its own vehicle, the company shall retain risk for the condition of the goods until delivery has been made
2. If delivery is by carrier or post at the request of the customer, then the risk of the goods shall be with the customer after the goods have left the companies premises.
3. If delivery is by carrier or post or by any other means at the choice of the company, the risk of the goods shall be with the company until delivery.
4. The company will charge the customer for the cost of carriage, post or other delivery charges affected at the customers request and/or with the customers consent.
5. Delivery shall be deemed complete upon arrival of goods at the requested destination and before unloading or unpacking
6. Deliveries will be to the nearest point i.e. garage/doorway, the drivers will not carry the goods around the premises or up stairs without prior arrangement and charge.
Payment
1. The company reserves the right to request payment before delivery.
2. For all non Proforma customers, payment must be made upon the receipt of the goods.
3. The customer shall not be entitled for any reason to withhold or set –off payment for the goods.
4. It is company policy to immediately discontinue supply to any customer who attempts to obtain goods by any other payment method than listed above.
5. Any material agreed to be taken back into stock will carry a re-stocking charge of 25%
Claims
1. Save in the case of delivery by post no claim for shortage or damage of the goods delivered shall be entertained unless same is made to the companies’ representative at the time of delivery.
2. Any claims for shortages in the quantity of goods on delivery must be communicated to the company within 72 hours of the delivery.
3. Any claims as to the condition of the goods on delivery must be communicated in writing to the company within 72 hours of the day of delivery.
4. After three days from delivery in the absence of a notified claim, the customer is deemed to have accepted the goods as supplied in good condition and in accordance with the order.
5. No claim shall be entertained in respect of defective condition of the goods once they have been fixed, or any attempt has been made to fix them. Installing the goods infers acceptance of the suitability.
6. The companies’ liability for the defected condition of the goods shall not exceed the contract value of the goods in respect of which that claim is made.
7. Except in respect of death or personal injury caused by the sellers negligence, the seller shall not be liable to the buyer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty or common law, or under the expressed terms of the conditions, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever, (whether caused by the negligence of the seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the buyer.
8. Failure to deliver any part of the order shall not invalidate the contract for the balance.
Purchase Condition
The company’s conditions shall override any conditions of purchase the customer may have. The customers’ conditions shall only have effect insofar as they do not conflict with the conditions of the company.
English Law
The contract shall be governed by English Law. The English Law Courts shall be the venue for any action arising out of the contract.
© 2006 Studio 2 (Stonebrokers) Ltd
