Terms & Conditions 

Elegant Stone LTD - Terms & Conditions of Trade

1. DEFINITIONS

In these conditions of sale , the following words shall have the following meanings:- 

"the Buyer" means the buyer of any goods from the seller .

"the Goods" means any goods sold by the seller to the buyer under the terms and conditions of this contract .

"the Seller" means Elegant Stone LTD of Unit 1 Moor End Works, Cleckheaton , West Yorkshire , BD193TT. 

2. GENERAL

2.1 The Buyer acknowledges that the Seller's terms of trade shall be the terms of these conditions , which shall be deemed to be incorporated in any contract between the Buyer and there Seller .

2.2 These conditions shall not be altered or varied , except by an express written amendment signed on behalf of the Seller and shall thereafter take effect to the exclusion of the relevant varied or amended condition .

2.3 The Buyer confirms to the Seller that no written or oral representations made at any time by or on behalf of the Seller , other than as expressly incorporated in these conditions , have in any way induced the Buyer to enter into this contract .

3. CONDITIONS & WARRANTIES

3.1 The Buyer is relying upon its own knowledge , skill and judgment in relation to the Goods and the Seller is , and shall be therefore , under no liability whatsoever for any knowledge which it, or its servants or agents , may possess and communicate to the Buyer as the purpose for which the goods are supplied .

3.2  If the seller gives the buyer an opportunity to inspect the Goods before delivery ( and such opportunity is exercised by the Buyer ) , the Seller shall not be liable in any way for any loss to damage arising from any defects that such inspection ought to have revealed .

3.3 Where the goods are manufactured on the basis of the Buyers designs or specifications , the Seller shall not be liable in any way if the goods fail to correspond in any way with their description , or if they are unsuitable for any purpose and the Buyer hereby waives all conditions warranties or other terms express or implied statutory or otherwise inconsistent with the provisions of this condition , and which are hereby expressly excluded . In the case of a consumer sale , none of the statutory rights of the Buyer are excluded by this condition and the statutory rights of the Buyer , in this case of a consumer sale , remain in full force and effect and are in no way affected by any of the provisions of condition 3.

3.4 It should be held by a court of competent jurisdiction in relation to any particular contract to which these conditions apply that clause 3.3 hereof is not effective , then the Buyer shall not be entitled to reject the Goods and any damages recovered by the Buyer in respect of any breach of contract by the Seller shall be limited to the reasonable costs of remedying the defect or other matter constituting the breach, provided that the Seller shall first be afforded the opportunity of itself carrying out such remedial work and the Seller shall not be liable in any way for any other loss injury or damage suffered by reason of such breach .

3.5 Any deviations in the quantity of Goods delivered from that stated in the contract shall not give rise to a right to reject on the part of the Buyer , nor shall the Buyer have the right to claim for damages for the breach of contract , but the Buyer shall only be obliged to pay at the contract rate for the quantity of Goods delivered .

3.6 Where these conditions apply and the buyer deals as a consumer for the purpose of the Unfair Contract Terms Act 1977 ( a "Consumer Sale") , this condition will be in addition to the statutory rights of the Buyer within the meanings of that expression as defined in the Consumer Transaction ( Restrictions on Statements) Order 1976( "the statutory Rights") and will in no way affect the statutory rights of the Buyer .

4. SAMPLES

4.1 Notwithstanding that samples of the Goods may be exhibited to and inspected by the Buyer , such samples are so exhibited and inspected solely to enable the Buyer to judge for itself the quality of the bulk and not so as two constitute a sale by sample . 

4.2 The Buyer shall take the Goods entirely at its own risks as to their corresponding with the said samples and subject to the normal variation between bulk and sample accepted by the trade .

5. QUOTATIONS

5.1 The Seller reserves the right to cancel or withdraw any quotation without notice at any time before acceptance .

5.2 The quotation issued by the Seller does not constitute an offer to supply the Goods and any other order supplied by the Buyer following a quotation issued by the Seller shall not be binding on the Seller unless and until accepted by the Seller in writing .

6. PRICE

6.1 The price of the Goods includes delivery and/or transport charges and insurance in transit but excludes Value Added Tax or any other Tax Duty or levy which shall be added to the amount set out on the Seller's invoice and paid by the Buyer .

6.2 All prices quoted are those ruling at the date of the Seller's estimate and the Seller shall be entitled to increase the price of the Goods to reflect any increase in the cost of the raw materials , rates of Wages , overhead costs and currency fluctuations affecting the costs of imported materials , or any kind of increased costs incurred by or made to take account of change in exchange rates , or any other increased tariffs import charges of taxes .

6.3 Prices quoted only apply in the full quantity quoted is ordered .

6.4 (Without prejudice to Condition 6.3 above ), the price of purpose made goods is based on quantities ordered and the Seller reserves the right to adjust the price quoted to the Buyer in respect of the Goods if the quantities ordered are reduced or increased prior to their manufacture.  

6.5 If as a result of any order the Seller has to make a special mould for the manufacturer of the Goods . the Seller reserves the right to charge the Buyer in respect of the cost of the mould and ,ay require such cost to be paid by the Buyer immediately upon the Seller's acceptance of the order. Any failure to pay this cost may result in a delay in the manufacture or cancellation of the order and any such delay of cancellation shall be without prejudice to any of the Seller's accrued rights . 

7. ORDERS

7.1 The Company shall not accept any amendments to the quality , specification or otherwise of the Goods unless such amendments are confirmed by the Buyer in writing . 

7.2 The seller shall not , under any circumstances , give credit to the Buyer in respect of any Goods which may be surplus to the Buyers requirements and which are returned to the Seller by, or on behalf of , the Buyer.

7.3 The Buyer shall be liable to pay for any goods which are manufactured by the Seller pursuant to any confirmed order , whether or not the Buyer subsequently makes arrangements to collect the Goods or requests the Seller to make delivery .

8. DELIVERY

8.1 Time for delivery is not the essence of the contract .

8.2 Estimates as to time of delivery are made by the Seller in good faith and every reasonable delivery to the Buyer is complete and effected when the Goods are unloaded from transport to the Buyer or into the Buyer's vehicle and the risk then passes entirely to the Buyer who shall then be solely responsible for effecting its own insurance . 

9. INSTALMENT DELIVERY

Where the goods are to be delivered by instalments and then the Buyer either fails to accept or is unable to accept delivery when due or defaults in making payment when due , in either case the Seller may cancel any , or all subsequent deliveries and the Buyer shall compensate the Seller in full for any loss or expense arising from such cancellation .

10. DAMAGE IN TRANSIT

Where the seller undertakes delivery of the Goods it does not thereby accept in any way responsibility and shall therefore be under no liability whatsoever for any damage shortage or loss in transit unless the damage shortage or loss is notified in writing both to the Seller and to the carrier within three days ( or such lesser period as the carriers terms may provide) of receipt of the Goods or the scheduled date of receipt and the Goods have been handled by the Buyer in accordance with both the Seller's and the carrier's condition's. 

11. PASSING OF PROPERTY

11.1 The Goods shall remain the Seller's property until the Buyer was paid for them in full . Until that time the Buyer shall hold the Goods as Bailee, store them in such a way that they can be identified as the Seller's property and shall keep them separate from the Buyer's own property of any other person .

11.2 Although the Goods remain the Seller's property until paid for, they should be at the buyer's risk from the time time of delivery and the Buyer shall insure them against loss or damage accordingly.

11.3  The Buyer's right to possession of the Goods shall cease if :-

11.3.1 the Buyer has not paid for the Goods in full by the expiry of any credit period allowed by this contractor . 

11.3.2 the Buyer is declared bankrupt or makes any proposals to his creditors for a composition of other voluntary arrangement ;or 

11.3.3 a receiver , liquidator or administrator is appointed in respect of the Buyer's business . On cessation of the Buyer's rights to possession of the Goods in accordance with this clause , the Buyer shall , at his own expense , make the Goods available to the Seller and allow the Seller to re-posses them .

11.3.4 the Buyer hereby grants the Seller his agents and his employees an irrevocable license to enter any premises where the Goods are store in order to re-posses them or inspect them at any time .

12. PAYMENT AND CREDIT TERMS

12.1 Payment is due on , or before the last day of the month following date of invoice , unless otherwise agreed in writing and time or payment shall be of the essence .

12.2 Where credit terms are agreed then the Seller may , at its absolute discretion , cancel the contract within 21 days after acceptance if , in its opinion , the Buyer credit rating is unsatisfactory . The Seller should be under no liability whatsoever arising out of any such cancellation . 

12.3 Whilst any monies remain unpaid under a contract entered into under these conditions after the due date of payment , the Seller reserves the right to refuse to commence or continue with any subsequent or prior order from the Buyer , and the Seller shall be under no liability whatsoever for any such refusal .

12.4 The Seller shall be entitled to charge interest at an annual rate of 6 per cent above the base rate from the time of Barclays Bank plc on all overdue accounts from the due date got payment until the actual date of payment . 

12.5 The Seller shall be entitled to bring an action of the price whether or not the property in the Goods has passed to the Buyer .

13. LIABILITY

13.1 Introduction :-

13.1.1 Nothing in this condition 13 shall be deemed to exclude or restrict the Seller's liability fir death or personal injury resulting from negligence .

13.2.2 Each of the sub clauses in this condition 13 is to be treated as separate and independent .

13.2.3 The Seller is willing to undertake liability additional to that provided by this clause in exchange of a higher price .

13.2 Limitation 

The Seller's total liability for any one claim , or for the total of all claims arising from any one act or default of the Seller ( whether arising form the Seller's negligence or otherwise ) , shall not exceed the contract price .

14. FORCE MAJEURE

The Seller shall be under no liability whatsoever for the late delivery of , or failure to deliver the Goods to the extent that such failure results from any cause beyond the control of the Seller, including , without limitation , acts of God, fire , floods , embargoes, labour troubles , war inability to obtain materials , equipment , transport or services of supply . Upon the happening of such an event , the Seller shall notify the Buyer thereof and shall be relieved from any liability arising from the non delivery of the Goods for so long as their delivery is prevented and , upon the expiry of three months from the date of such written notification , the Buyer may notify there Seller in writing that it will not accent the Goods whose delivery has still not occurred other than the Goods which are in transit at the time or service of such notice . 

15. ACCEPTANCE

The Goods shall be deemed to have been inspected and accepted by the Buyer as the goods comprised in the acknowledgment of the order three days after receipt . 

16. CANCELLATION & VARIATION

No cancellation of any order can be accepted without the prior consent of the seller in writing .

17. INSOLVENCY

If the Buyer shall default or commit any breach of its obligations to the Seller , or if any distress or execution shall be levied upon the Buyer , or if the Buyer shall become bankrupt or insolvent or shall compound with its creditors , or proceedings are commenced for the liquidation of the Buyer ( other than for a voluntary winding up of the purposes or reorganisation ) , or if a receiver or manager is appointed over the buyers assets , or any of the them then the Seller shall be entitled to cancel this and any other contract with the Buyers in whole , or in part , by written notice and such cancellation shall be without prejudice to any right or remedy accrued or accruing to the Seller . 

18. NOTICES

Any notice to be given by either the Buyer or the Seller shall be sufficiently given if the first class recorded delivery post ( air mail posy got export orders ) or facsimile transaction addressed to the place of business or email of the relevant party shown on the face hereof and shall be deemed to have been received (a) in the case of postage two days after which it was posted and (b) in the case of facsimile on the date of the dispatch .

19. INSPECTION

In the event of a request for the Seller's technical staff to inspect any claim on site , a charge will be made should the complaint prove to be caused by circumstances beyond the Seller's control .

20. GOVERNING LAW

This contract is governed by , and should be constructed in accordance with , English law and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of England .

21. DATA PROTECTION ACT 1998

We may transfer information about you to our bankers / financiers for the purpose of providing services for the following reasons ; Obtaining credit insurance and making credit reference agency searches , Credit control and assessment and analysis . Securitisation and protecting our interests . We will provide you with details of our bankers/financiers and that of any credit reference agencies used on request .