Terms & Conditions
Cranborne Stone Limited
Terms and Conditions
1.1 In these conditions
‘Conditions’ means these standard terms and conditions of sale.
‘Contract’ means the contract for the purchase and use of the Features.
‘CS’ means Cranborne Stone Limited, Butts Pond, Sturminster Newton, Dorset, England DT10 1AZ.
‘Customer’ means the person or company whose order for Features is accepted by CS.
‘Delivery’ means the actual or deemed Delivery of the Features in accordance with clause 4.
‘Distance Contract’ means any contract concerning Features or services concluded between CS and the Customer under an organised distance sales or service provision scheme run by CS who, for the purpose of the contract, makes exclusive use of one or more means of distance communications up to and including the moment at which the contract is concluded.
‘Features’ means the Features which the CS is to supply in accordance with these conditions.
‘Order Confirmation’ means acceptance in writing by CS in response to the Customer’s order to sell the Features in accordance with CS quotation.
Any reference to any provision of statute shall be construed as a reference to that provision as enacted or extended from time to time.
ORDER CONFIRMATION
2.1 Submitted orders will only be deemed to be accepted by CS when it is confirmed by a CS Order Confirmation.
2.2 The specifications of the Features including quantity, quality and description will be those detailed in the Order Confirmation.
PRICE and PAYMENT TERMS
3.1 The price of the Features will be that confirmed in the Order Confirmation.
3.2 CS reserves the right to charge to the Customer, after giving notice, additional costs CS incurs as a result of changes requested by the Customer to Delivery dates, specifications or quantities of the Features or failure by the Customer to give CS adequate information.
3.3 Except where otherwise stated all prices shall exclude Delivery. The Customer will be liable to pay CS charges for transport and packaging.
3.4 The price is exclusive of Value Added Tax (unless otherwise stated) and other taxes which the Customer shall also be liable to pay.
3.5 All prices quoted are for Features that are not in a weathered, antique or mossy condition (unless otherwise specified in writing by CS)
3.6 The price is due and payable on the date of the issue of the Order Confirmation unless different terms have been agreed in writing by CS. Time of payment of the price shall be of the essence to the contract.
3.7 Without prejudice to any other right or remedy available to CS, if the Customer fails to make any payment by the due date, CS shall be entitled to:
3.7.1 Cancel the contract,
3.7.2 Suspend any further deliveries to the Customer,
3.7.3 Charge to the Customer interest at a rate of 5% per annum above the base rate set from time to time by Lloyds TSB Bank plc on any unpaid balance. (Interest to be accrued on a day to day basis until receipt of the full amount) and
3.7.4 Appropriate any payment made by the Customer as CS sees fit regardless of any apportionment made by the Customer
3.8 The Customer shall indemnify CS against all costs and expenses incurred or sustained by CS in recovering sums due.
DELIVERY, INSTALLATION and ERECTION
4.1 Delivery occurs at the time that
4.1.1 CS or its carrier arrives at the Delivery address and advises the Customer of arrival, or where physical conditions surrounding the Delivery address do not allow CS or its carrier to reach the destination, Delivery shall occur at the place the journey is terminated when notified to the Customer or
4.1.2 The date CS proposes to make Delivery, where the Customer advises he will not take Delivery on that date or
4.1.3 Where the Features are to be collected, the date they are collected or 3 days after the date when CS notifies the Customer that the Features are ready for collection (if they have not already been handed over to the Customer).
4.2 The Customer warrants that where CS or its carrier is to make Delivery that suitable access by road transport (taking into account the size and weight of that transport) is available and the Customer will bear the cost as charged by CS for any additional costs incurred if this is not the case.
4.3 Unless otherwise agreed in writing Delivery will be to the nearest available curb side (subject to clause 4.1.1 and 4.2).
4.4 Any dates quoted for Delivery are approximate and CS will not be liable for any delay in Delivery of the Features however caused.
4.5 For orders of multiple Features CS reserves the right to Delivery in instalments.
4.6 Risk of damage to or loss of the Features passes to the Customer on Delivery.
4.7 Property of the Features does not pass to the Customer until CS has received full payment of the price in cleared funds.
4.8 Until such time that the property passes to the Customer, the Customer shall
4.8.1 Keep the Features separate from its own property and keep it correctly stored and protected and
4.8.2 At CS request deliver the Features back to CS manufacturing address at the Customers cost.
4.9 In the event that the Customer fails make full payment of the price of fails to take Delivery within 2 months of the proposed Delivery date then CS without prejudice to other rights or remedies available may sell the Features at the best price readily obtainable and (after deducting costs and selling expenses) charge the Customer for any shortfall below the price of the contract.
4.10 Except where CS confirm in writing otherwise installation and erection of the Features is the Customers sole responsibility.
WARRANTIES and LIABILITIES
5.1 Subject to the conditions set out below CS warrants that at the time of Delivery the Features will correspond with any specifications of the Features set out in the Order Confirmation and be free from material damage and defects in material and workmanship.
5.2 Irrespective of any other clauses within these Terms and Conditions CS shall be under no liability in respect of
5.2.1 Any defect in the Features arising from any drawing, design or specification supplied by the Customer.
5.2.2 Any defect in the Features arising from any drawing, design or specification supplied by CS. The appropriateness and suitability of any such drawing, design or specification is the sole responsibility of the Customer.
5.2.3 Any defect arising from fair wear and tear, incorrect storage or movement, installation and erection, misuse, negligence, wilful damage, alteration, failure to follow CS instruction, repair of the Features.
5.3 In the event of damage to the Features during transit by CS or its carriers the Customer must (in writing) inform CS with details within 3 days of the date of Delivery. Failure to do so will mean that the Customer is deemed to have accepted the goods in good order.
5.4 Any claim by the Customer which is based on any defect in the quality or condition of the Feature or their failure to correspond with specifications shall be notified to CS by the Customer in writing within 10 days of the date of delivery or where the defect or failure is not apparent following reasonable inspection, within 5 days of the defect or failure being discovered. If the Customer does not notify CS accordingly the Customer will be deemed to have accepted the goods and CS will have no liability for such defects or failure and the Customer will be bound to pay the price as if the Features had been delivered in accordance with the contract.
5.5 Where any valid claim in respect of any of the Features which is based on any defect in quality or condition of the Features or their failure to meet any specification is correctly notified to CS, CS shall be entitled to replace the Features (or the part in question) free of charge or at CS sole discretion refund to the Customer the price of the Features (or a proportionate part thereof), CS shall have no further liability to the Customer.
5.6 Except in respect of death or personal injury caused by CS negligence, CS shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under express term of the contract, for any consequential loss or damage ( whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of CS or its representatives or otherwise) which arise out of or in conjunction with the supply of the Features or their use or resale by the Customer, except as expressly provided in these conditions.
5.7 CS shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of delay in performing or failure to perform any of CS obligations in relation to the Features, if the delay or failure was due to any cause beyond CS reasonable control including but not limited to
5.7.1 Act of God, explosion, flood, tempest, fire or accident.
5.7.2 War, threat of war, sabotage, insurrection or civil disturbance.
5.7.3 Import or export regulations or embargoes.
5.7.4 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
5.7.5 Industrial actions or trade disputes (whether involving the employees of CS or a third party)
5.7.6 Difficulties in obtaining raw materials, labour, fuel, parts or equipment or
5.7.7 Power failure or breakdown in machinery.
5.8 Subject as expressly provided by these conditions, and except where goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
5.9 Where goods are sold under a consumer sale (as defined by The Consumer Transactions (restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.
5.10 Save for liability for death or personal injury resulting from negligence of CS, CS aggregate liability under any one claim or under the total of all claims arising from any one act or default of CS however such claim or claims arise shall in no circumstances exceed one and one quarter (1.25) times the Price of the Features which are the subject of the claim.
MOULDS, DESIGNS and INTELLECTUAL PROPERTY RIGHTS
6.0 Any designs or moulds created or used by CS to make the Features shall remain the property of CS.
6.1 All intellectual property rights in the moulds and Features shall vest in CS absolutely and the Customer shall at CS expense execute any documents or do any acts necessary to give effect to the vesting of such rights in CS.
INSOLVENCY
7.1 If the Customer enters any voluntary arrangement with creditors, becomes subject to an administration order, becomes bankrupt, goes into liquidation, ceases or threatens to cease to carry on business (or CS reasonably believes and notifies the Customer that it believes that any of these events is about to occur in relation to the Customer). CS without prejudice to any other right or remedy available shall be entitled to
7.1.2 Cancel the Contract or
7.1.3 Suspend any further deliveries under the contract
With out any liability to the Customer.
WEBSITE
8.1 The price of the Features will be the amount shown (including Value Added Tax) on the website at the time of placing the order.
8.2 The cost of Delivery that must also be paid by the Customer will also be shown at the time of placing the order. CS reserves the right to amend the Delivery cost, having informed the Customer and having ascertained whether they still wished to proceed, prior to accepting the Customers order.
8.3 The Customer must have the right to use any card for which the Customer provides details on the website. The card must also have enough funds available on it to meet the Price and Delivery cost.
8.4 The Customer undertakes that all information provided to CS in respect of the purchase of the Features is correct.
8.5 The Customer agrees that when it submits an order to CS via the website it does so subject to the Terms and Conditions in force at the time that the order is submitted. The Customer is responsible for reviewing the Terms and Conditions at the time of placing the order.
8.6 CS may at its discretion refuse to accept an order from the Customer.
RETURNING OF GOODS
9.1 Where the Contract is a distant contract and the Customer buys the Features as a natural person who is acting for purposes which are outside their business interest, the Customer may cancel the Contract and return any delivered or collected Features to CS for any reason at all, provided that:
9.1.1 the Customer notifies CS in writing between CS acceptance of the Customers order and 7 working days beginning the day after the day the Customer receives the Features.
9.1.2 the Features have not been made to the Customers specification (for example where the feature is clearly personalised or is a non stock item) or is of a nature that can not be returned.
9.2 The return of the Features must be to the address notified to the Customer by CS at the time that CS acknowledges the cancellation to the Customer.
9.3 CS will only be obliged to accept returns the Features in accordance with 9.1 if they are returned in their original condition. Until the Features are received by CS they remain the Customers responsibility and risk. The Customer will be responsible for bearing the costs of returning the Features
9.4 On receipt of the returned features in their original condition CS will refund the payment (excluding delivery and packaging charges) made by the Customer or their debit or credit card company within14 days.
GENERAL
10.1No waiver by CS of any breach of contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.2 If any provision in the contract is found by any court, tribunal, or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforcability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
10.3 The parties to the contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10.4 The contract will be governed by the laws of England and any dispute arising out of or in connection with it shall be determined by the non-executive jurisdiction of the English courts.
10.5 All communications between the parties about the contract will be in writing and delivered by hand or sent by pre-paid post, fax or email:
10.5.1In the case of communications to CS to the registered office of CS or any other CS address that has been notified by CS to the Customer
10.5.2 In the case of communications to the Customer to the registered office of the addressee or any other address of the Customer that has been notified to CS by the Customer
10.5.3 and communications will have been deemed to have been received
If sent by pre-paid post 3 days (excluding weekends and public holidays) after posting
If delivered by hand on the day of delivery
If sent by fax or email at the time of transmission providing it is before 3.30pm on a working day, and otherwise on the next working day.
Cranborne Stone Limited
November 2010
T&c1.1