Conditions of Sale
1.(A) These conditions shall apply to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
1.(B) All orders shall be deemed to be an offer by the Buyer to purchase the relevant goods and services pursuant to these conditions.
1.(C) Delivery of the goods and/or services by the Seller to the Buyer shall be deemed conclusive evidence of the Seller’s acceptance of these conditions.
1.(D) Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2. Where a period is named for delivery, and such period is not extended by mutual consent in writing or under the provisions of Clause 8 hereof, the Buyer shall take delivery within that period.
3. Any time or date for delivery or installation named by the Sellers is an estimate only, and the Sellers shall not be liable for the consequences of any delay.
4. Where specifications are to be supplied by the Buyer, the Buyer shall provide such specifications in reasonable time to enable the Sellers to complete delivery and/or installation within the period named.
5. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) it is expressly agreed that no condition may be known or made known to the Seller other than those set out herein.
6. Goods represented by the Buyer to be defective shall not form the subject for any claim for work done by the Buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to the Sellers and accepted by them as defective, will at the request of the Buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
7. No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless notice in writing is given to the Sellers within seven days of receipt or installation of the goods, followed by a complete claim in writing within twenty-one days of receipt or installation of the goods.
8. Deliveries and installations may be wholly or partially suspended, and the time of such suspension added to the original contract period, in the event of a stoppage, delay or interruption of work in the establishment of either Sellers or Buyer during the delivery period as a result of strikes, lockouts, trade disputes, breakdown, accident or any other cause whatsoever beyond the control of the Sellers or Buyers, respectively.
9. Risk passes to the Buyer upon delivery to the Buyer or the Buyer’s authorised agents in accordance with the terms of the contract.
10. Although risk in the goods passes to the Buyer upon delivery, ownership of any goods delivered shall remain with the Sellers until the Buyer has paid in full all that is owed to the Sellers in respect of that delivery or installation. The Sellers shall be entitled to enter upon any premises of the Buyer to remove such goods from the premises with a view to clearing any outstanding debt.
11. The Buyer may raise counterclaims against the Sellers’ claim for payment or may withhold payments only if such claims are uncontested.
12. All duties, taxes (including value-added tax) and impositions of any nature payable in respect of the sale, delivery or installation of goods shall be paid by the Buyer in addition to the contract price at such time and in such manner as the Sellers request. If the Sellers are required to pay such tax or other payment, the Buyer shall reimburse the Sellers for any such payment.
13. Payment for goods delivered and/or installed shall be made as specified on the Buyer’s invoice or order confirmation, or as otherwise agreed in writing with the Sellers.
14.(A) No goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Sellers, on terms to be determined at the absolute discretion of the Sellers.
14.(C) Goods returned without the prior written approval of the Sellers may, at the Sellers’ absolute discretion, be returned to the Buyer or stored at the Buyer’s cost, without prejudice to any rights or remedies that the Sellers may have.
15. The standard installation charge is based upon a live gas point and/or electric point being within 1 metre of the fire and there being a suitable chimney. If these conditions are not met the Buyer will be responsible for any additional work and materials required to complete the installation.
16. Gas, coal and log-effect fires that require an air vent will be fitted with one when the fire is installed by the Sellers, but it is the responsibility of the Buyer in most cases where the Buyer arranges their own installation.
17. Chimneys that have been previously used for solid fuel must be swept before a gas fire is installed. The Sellers accept no responsibility for any damage or loss that may occur if this condition is not complied with by the Buyer.
18. All marble is sold with natural defects and is stopped and filled where necessary.
19. These conditions shall be construed in accordance with English law.
Cancellation Notice
Please note that under the Sale of Goods Act, and under certain circumstances, we may cancel goods, but deposits will not be refunded and goods will be subject to a 20% restocking charge, plus any carriage charge from the manufacturer. Any special order or tailor-made items cannot be cancelled or returned. This does not affect your statutory rights.
Returns: No goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Sellers, on terms to be determined at the absolute discretion of the Sellers (see Clause 14.(A) above).