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Your Statutory rights are not affected by any of the following terms and conditions.
Stone To Home - Products, Services and Conditions of Use
As part of our service, we hereby agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.
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By using the service, you agree that you will not attempt to undermine the integrity of this web site.
TERMS AND CONDITIONS OF SALE OF STONE TO HOME
Definitions: In these terms and conditions -the Company- shall mean Concrete Products (Lincoln) 1980 Ltd t/a Stone To Home (w.e.f. 19/10/2011) and -the Customer- shall mean the corporate entity, form or person to whom goods or services, -the goods- are supplied. These conditions cover all sales contracts between the Company and the Customer and no variation in these shall be permitted unless expressly agreed in writing by a Director of the Company. A contract will only be formed when the Company has accepted an order by the Customer to supply goods. Price: Unless otherwise agreed the price payable shall be that ruling at the date of the delivery of the goods. The Company reserves the right to vary the price payable as a result of increases or reductions in costs, or currency fluctuations affecting imported materials, which may occur prior to the date or dates of delivery. Prices cover working on normal days during normal working hours. The Company shall be entitled to make an extra charge where supply is requested outside such normal times. All quoted prices are inclusive of VAT. Delivery: Any time periods or dates quoted for the delivery of goods by the Company are approximate only and do no impose an obligation of the Company. The Company reserves the right to deliver by instalments and to render a separate invoice for each instalment. Delivery shall be effected at the point of arrival at the address specified by the Customer or at the point of collection of goods by the customer. The Customer shall be responsible for any demurrage or waiting time caused by any delay in unloading and an appropriate charge will be made in any event where such delay exceeds one hour. If in the opinion of the company, the ground or access over which delivery or unloading is required is unsuitable for safe passage the Company may refuse to deliver or deliver to the nearest accessible point. Whether the Company chooses to exercise such rights or not the Customer shall indemnify the Company in respect of any claim loss or damage arising out of the delivery or unloading the goods. Damages & Shortages: No claim will be accepted by the Company for damages or shortages unless the delivery docket is clearly marked at the time of delivery, or the claim is made in writing to the Company within three days from the date of delivery. The liability of the Company in respect of any claim shall be limited to the free replacement or credit of defective goods and claims for loss of profits increased cost of working or any other consequential losses are expressly excluded. Force majeure: Deliveries may be partly or totally suspended by the Company at any time it is prevented from delivery by circumstances outside the Company-s control. Such circumstances may include, inter alia, the following factors affecting the company or its suppliers: act of God force majeure war hostilities (whether war is declared or not) riot civil commotion explosion invasion military or unsurped power strike lockout industrial action abnormal weather conditions fire flood Government action or regulations (UK or otherwise) delay by suppliers accidents breakdown shortage of materials labour or facilities. Passing of Property Goods once delivered shall be at the risk of the Customer but shall remain the sole and absolute property of the Company until payment in full is received by the Company for the goods and there are no other amounts being outstanding from the Customer to the Company in respect of other goods supplied by the Company. If payment is overdue in whole or part the Company may (without prejudice to any of its other rights) recover to re-sell the goods or any part of them and may enter on the premises where the goods are stored to reclaim possession. The Customer is permitted by the Company to use or agree to sell the goods delivered but until such time as the Customer becomes the owner of the goods they shall be stored in such way as to be clearly identifiable as belonging to the Company. Payment: All sums become due and payable on the invoice date and time of the payment is of the essence. Thereafter the Company shall be entitled to charge interest at 2.5% on any sums outstanding beyond the due date on a calendar monthly basis. The Customer shall not be entitled to withhold or set off any sum in respect of any loss or damage which it alleges it has sustained due to any act or default of the Company or any goods which are alleged to be defective. Warranty: The Company acts as a supplier of goods to the order of the Customer and knowledge, if any, of the purpose for which the goods are intended to be used does not imply any representation or warranty by the Company as to the quality or fitness for purpose of the goods supplied. Limited Liability The Company accepts no liability whatsoever for any consequential loss or damage caused or arising by reason of late or non delivery or fault failure or defect goods supplied or by reason of the same not being of the quality quantity or fitness for the purpose for which they were intended. This exclusion does not restrict the Company-s liability for death or personal injury resulting from negligence or in respect of its liability under the Consumer Protection Act 1987. Description of the Goods: Illustrations photographs descriptions and other literature relating to the goods are intended as a general guide only and the goods will not necessarily correspond in all respects with Goods shown in the illustrations and photographs or described in the literature. Termination of contract: No cancellation by the customer is permitted except where expressly agreed by the Company. The Company may without prejudice to its other rights be immediately entitled to suspend or cancel each or any of its contracts with the Customer upon the occurrence of any of the following events 1.The Customer shall fail to make payment of any sum owing on the due date or commits any act of bankruptcy or makes any agreements with his creditors or if any execution or distress is levied upon the goods or the Customer or; 2. Being a body corporate shall have a receiver or administrative receiver appointed or if any petition be presented or resolution passed for the winding up or receivership or; 3. The Customer makes a default in respect of any of its obligations under any of its contracts with the Company. Any occurrence of the above events shall render all amounts owing in respect of any goods sold by the Company to the Customer to become immediately due and payable. Waiver: Any failure delay or indulgence by the company in the exercise of its rights shall not limit or extinguish the rights or remedies available to the Company under the contract. Jurisdiction: The contract shall be governed by English Law and the Jurisdiction of the English Courts.
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