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Terms

1.1  These terms apply to any and all trading relationships between UK Stone Imports Limited (“UK Stone Imports”) and any person or company purchasing or otherwise acquiring goods and / or services from it (“Buyer”) and shall cover all service, goods and any part or instalment to be supplied in accordance with these terms (“Goods”).

1.2  These terms apply to the exclusion of any other terms and conditions, including Buyer’s own standard terms and shall not be varied unless agreed in writing by the authorised representatives of Buyer and UK Stone Imports, acceptance of the offer, order or Goods to which these terms relate shall create a binding contract (“Contract”).

2      ORDERS AND SPECIFICATIONS

2.1  Buyer shall be responsible to UK Stone Imports for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by Buyer, and for giving UK Stone Imports any necessary information relating to the Goods within a sufficient time to enable UK Stone Imports to deliver the Goods by the due date.

2.2  The quantity and description of the Goods shall be as set out in UK Stone Imports quotation accepted by Buyer or Buyer's order (if accepted by UK Stone Imports). All specifications shall be approximate and not form part of the Contract. In particular, any representations which are made as to the size, thickness or colour of the Goods are for guidance purposes only as these features may vary due to the nature of the Goods.

2.3  UK Stone Imports reserves the right to make changes to the specification of the Goods as are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to UK Stone Imports specification, which do not materially affect their quality or performance.

2.4  No order which has been accepted by UK Stone Imports may be cancelled by Buyer except with the agreement in writing of UK Stone Imports and on terms that Buyer shall indemnify UK Stone Imports in full against all losses, costs, damages, charges and expenses incurred by UK Stone Imports as a result of cancellation.

3      PRICE

3.1  The price of the Goods shall be UK Stone Imports quoted price or, where no price has been quoted (or a quoted price is no longer valid). All prices quoted are valid for 30 days only.

3.2  Except as agreed otherwise in writing, all prices are quoted exclusive of delivery, insurance, VAT and any special packaging, which Buyer shall be additionally liable to pay to UK Stone Imports.

3.3  UK Stone Imports shall be entitled to increase its charges in accordance with its then prevailing rates in the event of unforeseen and uncontrollable increases in the cost of labour, materials or sub contracted services or as a result of any other cause beyond the reasonable control of UK Stone Imports or if Buyer requires additional goods or services or any variations to the Goods.

4      TERMS OF PAYMENT

4.1  Buyer shall pay the price of the Goods in full without set-off or deductions unless agreed otherwise in writing.

4.2  If Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to UK Stone Imports, UK Stone Imports shall be entitled to cancel the Contract (or part thereof) or suspend any further deliveries to Buyer; charge Buyer interest at the rate of four (4) per cent per annum above Bank of England base rate from time to time, until payment in full is made; and / or enter the premises where the Goods were delivered in order to remove Goods to which such payment relates.

5      RISK AND TITLE

5.1  Risk of damage to or loss of the Goods shall pass to Buyer at the time of delivery or, if Buyer wrongfully fails to take delivery of the Goods, the time when UK Stone Imports has tendered delivery of the Goods and Buyer shall insure the Goods from the date of delivery until title has passed to it.

5.2  Until the purchase price of the Goods comprised in this Contract or any other contract between UK Stone Imports and Buyer and all other sums whatsoever which are or shall become outstanding from Buyer to UK Stone Imports shall have been paid or satisfied in full (and if by cheque, then only upon clearance), title to the Goods remains vested in UK Stone Imports (notwithstanding the delivery of the same and the passing of the risk therein).

6      DELIVERY

6.1  Any dates quoted for delivery of the Goods are approximate only and UK Stone Imports shall not be liable for any delay in delivery of the Goods howsoever caused.

6.2  Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure to deliver any instalment in accordance with these terms or any claim by Buyer in respect of any instalment shall not entitle Buyer to treat the Contract as a whole as repudiated.

6.3  Delivery shall be made on the nearest public highway which is suitable for vehicular delivery of Goods including but not limited to delivery by [UK Stone Imports].

6.4  Buyer shall inspect the Goods on delivery and shall notify UK Stone Imports immediately if it wishes to reject the Goods because they are defective whereupon UK Stone Imports shall be given 7 days within which to remedy the same. If the Goods are not rejected within 24 hours of delivery then Buyer shall be deemed to have accepted the Goods.

7      LIABILITY

7.1  UK Stone Imports shall use all reasonable efforts to pass on the benefit of any wholesaler, exporter or supplier’s warranty or guarantee and Buyer agrees and undertakes to proceed under such warranty or guarantee or in the absence of such guarantee or warranty to pursue the wholesaler, exporter or supplier in the event that it is in any way dissatisfied with the Goods after use and such dissatisfaction is not due to the default of UK Stone Imports.

7.2  Subject to clause 7.4 below in no circumstances shall UK Stone Imports be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise whatever the cause thereof (i) for any loss of profit, business, contracts, revenue, or anticipated savings, or (ii) for any special indirect or consequential damage of any nature whatsoever and UK Stone Imports liability to Buyer for direct loss shall be limited only to the price of the Goods or if UK Stone Imports fails to deliver the Goods for any reason other than any cause beyond its reasonable control or Buyer's fault and UK Stone Imports is therefore liable, UK Stone Imports liability shall be limited to it delivering or redelivering the Goods.

7.3  UK Stone Imports do not warrant that the Goods will be a particular, size, thickness or colour and shall not be liable for any loss attributable to such features.

7.4  When representations, instructions or advice are given or received orally by UK Stone Imports, it shall have no liability to Buyer for any misunderstanding or misrepresentation which may arise in relation thereto except where such is fraudulent or reckless.

7.5  Nothing in these terms shall operate or be construed to operate so as to exclude or restrict the liability of UK Stone Imports for death or personal injury caused by reason of the negligence of UK Stone Imports or of its servants, employees or agents.

7.6  Buyer agrees, acknowledges and accepts that UK Stone Imports may use third parties to supply, import and deliver the Goods and that UK Stone Imports shall have no liability whatsoever in relation thereto subject to UK Stone Imports exercising reasonable care in selecting such third party, where it does in fact do so.

7.7  UK Stone Imports will not be liable in any amount for failure to perform any obligation under this Contract if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control including without limitation fire, flood, war or act of God.

8      TERMINATION

8.1  UK Stone Imports shall be entitled to immediately restrict, suspend or terminate without notice Buyer’s use of any of the Goods and or terminate this Contract upon Buyer’s breach of this Contract including without limitation the non-payment of any sums as and when they fall due.

9      GENERAL

9.1  Nothing in these terms shall be deemed to constitute a partnership or agency relationship between the Parties and neither of the Parties shall do or suffer to be done anything whereby it may be represented as a partner or agent of the other party.

9.2  All personal data relating to Buyer collected by UK Stone Imports from which UK Stone Imports can identify Buyer may be recorded electronically and used in accordance with the Data Protection Act 1998 for purposes of identification, billing and marketing and to notify Buyer of events, promotions or activities.

9.3  All copyright, design right and like rights in materials prepared or created by UK Stone Imports shall belong to and remain the property of UK Stone Imports and Buyer shall not reproduce any part thereof for any purpose other than that for which they were furnished, or do any other act inconsistent with UK Stone Imports rights.

9.4  UK Stone Imports reserves the right to sub‑contract the fulfilment of the Contract or any part thereof.

9.5  No waiver by UK Stone Imports of any breach of the Contract by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

9.6  Any notice to be given by either party to the other under these terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

9.7  If any provision of these terms is held to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.

9.8  A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

9.9  No representation made by UK Stone Imports or its employees or agents shall be binding unless confirmed in writing including any representation as to the application or use of the Goods, such representations shall be followed by Buyer entirely at its own risk.

9.10        Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by UK Stone Imports shall be subject to correction without any liability on the part of UK Stone Imports.

9.11        All Fees and prices quoted shall be in pounds sterling and are exclusive of VAT which shall be payable in addition as stated on the relevant invoice.

9.12        The Contract shall be governed by English law and the parties shall submit to the exclusive jurisdiction of the English courts.

 

 

 

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UK STONE IMPORTS LTD . Copyright © 2007
Location Stone Court . Stone Way . Lakesview Business Park . Claremont Road . Hersden . Kent . CT3 4GP . Telephone 0845 603 69 09

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