Conditions of sale – Dt Stone

Interpretation

In these Conditions:
”BUYER”
means the person who accepts a quotation of the Seller for the sale of Goods or whose order for the Goods is accepted by the Seller.

“Goods”

means the goods (including the goods which we agree to provide to you on these terms or any instalment of the goods or any parts of them) which the Seller is to supply in accordance with these Conditions.

“Seller”

means Dean and Tranter Ltd, registered in England under number 172132 whose registered office is at Rockbourne Road, Sandleheath, Fordingbridge, Hants, SP6 1RA.

“Conditions”

means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.

“Agreement”

means the agreement by which you agree to purchase and we agree to sell the Goods.

“Contract”

means the contract for the purchase and sale of the goods.

“writting”

includes telex, cable, facsimile transmission and comparable means of communication.

Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

Basis for sale

The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer 
which is accepted by the Seller, subject in either case to these Conditions and/or Agreement, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer.

No variation to these conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.

The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing in entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application of use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.

Any typographical, clerical or other errors or omission on our website, in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Orders and specifications

No order submitted by the Buyer which is not already based on a quotation given by the Seller to the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.

It is the Buyers responsibility to check that all the details regarding your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.

It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections and breakage. If you do not order enough, subsequent Goods (due to them being a naturally occurring product) may not be exactly the same as the original goods.

We can provide estimates of quantities of Goods but this will be based on general guidelines and you should not rely on this estimate. It is your responsibility to ensure that you have ordered the correct quantity of Goods and we will not be responsible for any shortfalls or surpluses.

The quantity, quality and description of an any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).

No order which has been accepted by the Seller may be cancelled by the Buyer except with agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages, charges and expenses incurred by the Seller as a result of cancellation.

The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate presentation of the Goods only.

You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, sizes and between batches, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.

Products that are not standard and that have been specifically ordered for you cannot be cancelled after the order.

Products that are listed and sold as Sale or Special Offer items cannot be cancelled or returned after the goods have been collected or delivered.

As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.

Price of goods

The price of the Goods shall be the Seller’s quoted price. All prices quoted are valid for 10 days or until earlier acceptance by the Buyer.

The Seller reserves the right, at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in costs of labour, materials, other costs of manufacture or increase in costs to the Seller by its own supplier), any change in delivery dates, quantities of specifications for the goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.

Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.

If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in collection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other persons which results from the Seller’s use of the Buyer’s specification.

Terms of payement

Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods 14 days prior to or on, or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer to, the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.

If the Buyer fails to make any payment on the due date then, without prejudice to any right or remedy available to the Seller, the Seller shall be entitled to:-

Cancel the contract or suspend any further deliveries to the Buyer;

Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer): and

Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4 per cent per annum above HSBC Bank PLC rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

Delivery

Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or if some other place of delivery is agreed by the Seller, by the Seller delivering the Goods to that place.

“Delivery Address”

means the address at which we agree to deliver the Goods.

“Delivery Date”

means the date on which we agree to deliver the Goods to the Delivery Address.

We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time of delivery is not of the essence of this Agreement. We use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.

The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver which may be the kerbside. The driver will not handle the goods.

You must make us aware in advance of delivery any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the goods.

Goods that have been signed for by the buyer on any hauliers documentation have to be deemed as delivered in good condition and no claim on behalf of the buyer shall be accepted by the seller. If there is any doubt as to the condition of the goods on delivery do not sign the hauliers documentation as this will invalidate any claim that the buyer may wish to make.

The cost of delivery is in addition to the Price, but included in the Total Price. If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the

Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.

You may collect the Goods from our premises by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.

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

If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any caused beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may:
– store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance and storage)

or
– sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

Delivery conditions

IMPORTANT – PLEASE NOTE BEFORE CONFIRMING YOUR ORDER


We use a fast and reliable 3-5 day service by national carrier. Kerbside delivery only, by tail lift lorry. The driver uses a hand-operated pallet truck and will endeavour to get your order as close as is safely possible to your property. Should you require a specialist dedicated delivery, vehicle such as a Hiab, please contact us for a price.

You can opt for a timed delivery, next day or a Saturday morning delivery at extra cost. Once you have placed your order the goods are normally be dispatched within three working days.

When your order has been prepared the hauliers will contact you to book your delivery in.

If you think there may be access or other problems with your delivery, please call us on 01425 654011.

  1. We will make every effort to ensure your stone is delivered in good condition and it will certainly leave our warehouse carefully packed and inspected.
  2. Please be aware that the delivery of stone is invariably very heavy, most crates weigh 1000 kgs each. Therefore we deliver using a nationwide pallet system. These lorries unload using a tail lift system. We are also able to make deliveries with a crane lorry but this costs more. You must advise us which system you wish to use to receive your goods at the time of order.
  3. Because of the nature of heavy goods vehicle we need to know in advance if you have any access restrictions locally and at your place of delivery, i.e. low bridges, height restrictions narrow lanes, slopes, soft ground, weight restrictions, width restrictions. We can normally plan our way around these problems but you need to inform us at the time of order. Otherwise extra delivery costs will be incurred, which we would have to pass on to you.
  4. Is a booking in time or booking reference number required? If so you need to provide this at time of booking together with contact number, name and date (Please note a surcharge will apply for this service)
  5. Your delivery will be targeted to arrive on an agreed date. If you have any problems with this date or the delivery arrives out of the agreed timescale please CONTACT US FIRST ON 01425 654011 so we can resolve any problems with the hauliers and reschedule the delivery.
  6. The smallest vehicle used within our network with a tail-lift is a 7.5 tonne truck.
  7. Any specific delivery instructions must be advised at time of booking – Please note NO goods may be left without a signature. You or your representative need to inspect and sign for your delivery.
  8. Drivers are not permitted to take risks with delivery vehicles – they have to make a kerbside delivery or return the goods. If goods have to be redelivered, you will incur an extra delivery charge.
  9. Drivers are not permitted to make deliveries inside your premises for insurance purposes.
  10. Part deliveries are not permitted the driver is only permitted to leave full deliveries.
  11. Pallets may not be delivered with a pallet truck over uneven ground or gravel due to health and safety regulations.
  12. Drivers are not permitted to take away packaging or pallets after delivery has been made.
  13. Upon delivery, the driver will ask you to sign for the delivery. You must inspect the goods carefully before doing this to make sure they are in good condition. You don’t need to check every piece, but take the wrap off and give the stone a good inspection. If you suspect any breakages to stone or pallet, mark clearly on the haulier’s proof of delivery document “DAMAGED”. If goods cannot be checked prior to signing, please mark “POSSIBLE DAMAGE”. Get the driver to countersign and print his name against your note. Any claim for damages/breakages must be noted to us within 24 hours.Products that are listed and sold as Sale or Special Offer items cannot be cancelled or returned after the goods have been collected or delivered.
  14. If a smaller lorry is required (7.5 tonne) due to access issues, the pallet weight restriction is 500 kg as the tail-lift mechanism of this vehicle can’t take any more weight. This will incur an extra charge as we will have to split pallets down to 500 kg. However, please note, that some of our products are sold in full packs only and unfortunately, we are unable to split these to deliver on the 7.5 tonne vehicle.

If you sign for the goods as “received in good condition” we cannot accept any subsequent claims. Give the stone a good once over and mark “damaged” if necessary.

FAILURE TO DO ANY OF THE ABOVE WILL INVALIDATE ANY CLAIM.

 

Returns

After receipt

You can decide to return your order for any reason at any time within 14 working days after the day you receive it. If you decide to return the purchase(s) to us for any reason, you will have to meet the carriage costs that you incur in doing so yourself and pay a restocking charge of 10% of the original invoice value (excluding VAT). The restocking charge is not applicable if you have purchased the stone as a distance buyer (online, over the phone or off premises) or without receiving a sample in accordance with the “Consumer Contracts Regulations”. When sending a return we recommend that you contact us beforehand to discuss the most suitable form of carrier. Your statutory rights are not affected. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you.

What happens if I don't like the items?

No problem. Please contact us on 01425 654011 or ku.oc1566530517.enot1566530517sd@ec1566530517iffo1566530517, within 14 working days of the day you receive the Goods. Just send the item back to us, unused and undamaged. We will refund you within 14 days of the Goods having been returned.

Where should I send my returns?

If you are returning Goods for refund or exchange please send them to: DT Stone, Rockbourne Road, Fordingbridge, SP6 1RA

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

Fixing products and installation

Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products for the environment in which (and in particular the surface upon which) the Goods will be installed.

We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. 

We cannot therefore be responsible for the installation of the Goods or for damage caused during or arising out of installation.

Risk and property and right to enter and recover

Risk of damage to or loss of the Goods shall pass to the Buyer:

The risk (of, for example breakage, loss and damage) in the Goods will pass from us to you on delivery or upon signature by the buyer on delivery (if you decide to collect the Goods) point of collection.

The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.

Until such time as the property in the Goods passes to the Buyer ( and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored forthwith take an inventory and repossess the Goods.

Warranties and liability

The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without the Sellers approval;

Where the Goods are sold under a consumer transaction (as defined by the consumer Transaction [Restrictions on Statements] Order 1976) the statutory rights of the Buyer are not affected by these Conditions.

Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 14 days from the date of delivery. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

Except in respect of death or personal injury caused by the Seller’s 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 at common law, or under the express terms of the Contract, or any indirect, special or consequential loss or damage (whether to, loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence of the Seller, its employees of agents or otherwise) which arise out of or, in connection with the supply of the Goods of their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

The Seller shall not to be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control; – Act of God, explosion, flood, tempest, fire or accident;
- war of threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws prohibitions of measures of any kind on the part of any government, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- power failure or breakdown in machinery.

We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.

Insolvency of buyer

This clause applies if:
the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order (or being individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) ; or

an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or

the Buyer ceases, or threatens to cease, to carry on business;

the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

If this clause applies then, without prejudice to any other right of remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

Export terms

In these Conditions “Incoterms” means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of incoterms shall have the same meaning in these Conditions but if there is any conflict between the provision of incoterms and these Conditions, the later shall prevail.

Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 11 shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.

The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the Country of destination and for the payment of any duties thereon.

Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered FOB the air or sea port of shipment and the Seller shall be under no obligation to give notice under section 32 (3) of the Sale of Goods Act 1979.

The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.

General

Any notice required or permitted to be given by either party to the other under these Conditions 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 on the provision to the party given the notice.

No waiver by the Seller of any breach of the Contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

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

The Contract shall be governed by the laws of England and the Buyer agrees to submit to the exclusive jurisdiction of the English courts.