1. DEFINITIONS
Terms & Conditions
(a) “Seller” means Hadspen Quarry Limited whose Registered Office is situated at Grove Farm Quarry, Lime Kiln Lane, Hadspen, Castle Cary, Somerset. BA7 7NX (and which shall include any successors in title assignee or assignees thereof).
(b) “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.
(c) “Goods” means the product or things or any of them described in the order.
(d) “Order” means the order placed by the buyer for the supply of the goods.
(e) “Contract” – the agreement between Buyer and Seller governed by these terms.
2.SUPERCEDES PRIOR AGREEMENTS
This agreement supercedes any prior agreements between the parties whether written or oral and any such prior agreements are cancelled but without prejudice to any rights which are already accrued to either of the parties.
3. ACKNOWLEDGEMENTS
All orders shall constitute an offer by the Customer to purchase the Products in accordance with these Conditions. Acceptance of a quotation and/or delivery of the products shall constitute conclusive of the Customer’s acceptance of these Conditions. These terms apply toall future orders unless otherwise agreed in writing.
4. VARIATION
Neither the buyer nor the Seller shall not be bound by any variation waiver of, or additions to these conditions except as agreed by both parties in writing and signed on their behalf. Emails count as written agreements
5. TOLERANCE LEVELS
(i) The Buyer should be aware that as they are buying a “natural” product there may be variations in colour and/or texture and the Seller cannot guarantee bulk consignments will be equal in every respect to an approved sample. (ii) Due to the nature, manufacturing and hand finishing of the natural stone products, a tolerance of up to +/-5mm in calibration is to be expected on our flooring and masonry products unless otherwise stated.
6. LIABILITY
(i) The Seller’s liability in respect of goods found and agreed by the Company to be defective or damaged shall not exceed the net invoiced price of the particular goods against which the complaint is made. (ii) The Seller does not accept responsibility for consequential loss or damage arising out of any complaint in respect of damage or defective goods. (iii) The Seller shall accept no liability in respect of any defect or damage arising from fair wear and tear, wilful damage, negligence, abnormal working
conditions, defective or poor installation, mis-use or alteration or repairs of the goods (unless undertaken by the Seller)
7. DELIVERY
(i) The goods, properly packed and secured in such manner as to reach their destination in good condition under normal conditions of transport shall be despatched to the place or places and the in the manner specified in the order or as subsequently agreed. (ii) Delivery of the goods is deemed to have taken place when the goods have been offloaded at the nearest accessible point to the delivery address, which in many cases will be the property kerbside. Delivery any closer to the property will be at the driver’s discretion. (iii) On delivery to site, which means clear and unimpeded access to the delivery point on a road or access way suitable in the opinion of the driver for the vehicle used the Buyer must provide all necessary labour and plant for unloading and ensure to release the vehicle as expeditiously as possible or be responsible for any charges caused by undue delay. If no one is available to receive, additional delivery charges may apply. (iv) The Buyer must check deliveries against advice and delivery notes and mark on delivery notes any discrepancies and confirm the same in writing to the Seller within three days otherwise no liability can be accepted. (v) Risk of damaged to or loss of the goods shall pass to the Buyer upon delivery. (vi) You must inform us about any parking restrictions, congestion charges, narrow lanes and roads, slopes, height restrictions and weak bridges. (vii) The delivery driver cannot help with moving the products inside the delivery site, the delivery will be made at the nearest convenient point to the site, which could be roadside.
8. HANDLING AND STORAGE AFTER DELIVERY
(i) Immediately after delivery and examination by the Buyer of the goods, the Buyer shall be responsible for moving the goods to a suitable indoor dry and frost free area of storage. The Seller accepts no liability for goods improperly stored or handled.
9. STORAGE
(i) If for any reason the Buyer is unable to accept delivery of goods at the time when the goods are due and ready for delivery and the Buyer shall be liable to the seller for the reasonable cost of his doing. (ii) Storage shall be at the risk of the Buyer and the full contract price of the goods shall be due and payable notwithstanding the absence of delivery. (iii) If the Buyer is unable to accept delivery of the goods at the time when the goods are due and ready for delivery such postponement shall be without prejudice to the rights of the Seller to recover payment for goods which may have previously been supplied in part performance of the order and will not give rise to any claim by the Buyer for any loss, damage or expenses resulting from or arising directly or indirectly out of such postponement or cancellation.
10. INFORMATION
Information given in the Company’s brochure, sales literature or website is for guidance purposes only. It is highly recommended that any flooring is sealed prior to use, and the suitability for the use of products should be determined by the customer. We cannot accept any liability in respect of suitability of product.
11. PRICES
All prices quoted exclude freight and carriage to the Buyer’s site in the United Kingdom, unless otherwise stated in the written quotation. Prices are subject to change at the discretion of the company directors at any time. Where haulage is quoted, the charge is non-refundable, including any cancelations of confirmation orders. All quotations are valid for a period of one (1) month only. A deposit of 20% or payment in full dependent on order volume is required at the time of order confirmation,
unless otherwise agreed in writing.
12. DELAYS
The Seller must inform the Buyer of any delays as soon as reasonably practical after they become known to the Seller (such notification not exceeding in any event 48 hours) with the parties agreeing that the Seller shall not be liable for any loss or damage arising as a result of any delays howsoever caused or for any consequences of any delay in the production or delivery of the goods if such a delay shall be due to fire, strike lock-out dispute with workmen, flood accident, delay in transport, shortage of fuel, default of any Sub-Contractor, embargo act or demand or requirement of any Government Department of Local Authority or as a consequence of war or of hostilities (whether war be declared or not) or to any other cause whatsoever beyond the Seller’s reasonable control. If any such delay occurs then (unless the cause thereof shall frustrate or render impossible or illegal performance of this Contractor or shall otherwise discharge the same) the Seller’s period for performing its
obligations shall be extended by such period (not limited to the length of the delay) as the Seller may reasonably be required to complete the performance of its obligations.
13. TITLE TO THE GOODS AND PAYMENTS
(a) The titles to the goods shall remain vested in the Seller until the full purchase price thereof shall have been paid to the Seller.(b) Following delivery of the goods it shall be clearly understood that the Buyer, its servants, Agents or otherwise shall not sell, charge, dispose or use the goods in any way until such time as payment is received by the Seller and the Seller’s invoice has been returned receipted to the Buyer.
(c) Each invoice for the goods shall be paid in full by the Buyer on receipt of the invoice unless a specified other term is agreed and confirmed in writing. Any VAT or other duties or taxes payable in respect of the goods shall be payable in the same time frame. Payment before delivery is required on all goods supplied unless otherwise agreed in writing. The seller reserves the right to revoke any payment terms previously agreed.
(d) The Seller reserves the right to recover interest at the rate of 8% per month from the due date of payment in accordance with The Late Payment of Commercial Debts Regulations 2013 up to the date of actual payment.
(e) If any invoice remains unpaid for a period of 14 days after the same shall have become due to the Seller may (without prejudice to the right to recover the same) give notice to the Buyer requiring the Buyer to pay such charge or part of it within 14 days after the receipt of such notice and if the Buyer shall fail to comply with such notice the Seller may (without prejudice to its rights of recovery of such charges) immediately summarily terminate this agreement and obtain the return of the goods at the cost of the Buyer.
(f) If the Buyer being an individual (or when the Buyer is a firm any Partner in that Firm) shall at any time become bankrupt or shall have a Receiving Order or Administration Order made against him or shall make any composition or arrangement with or for the benefit of his Creditors or shall make any Conveyance or Assignment for the benefit of his Creditors or shall purport to do so if in Scotland he shall be insolvent or bankrupt or any application to be made under any Bankruptcy Act for the time being in force or sequestration of his estate or a Trust Deed shall be granted by him of behalf of his Creditors or if the Buyer being a Company shall pass a resolution or the Court shall make an Order that the Company shall be wound up (not being a member winding up for the purposes of reconstruction or amalgamation) or if a Receiver or Manager on behalf of a creditor shall be appointed or if the circumstances shall arise which entitle the Court or a Creditor to appoint a Receiver or Manager or which entitle the Court to make a Winding Up Order then the Seller shall be at liberty: (a) To cancel the Order summarily by notice in writing without compensation to the Buyer or (b) To give any such Receiver or Liquidator or other person the option of carrying out the contract.
(i) The exercise of any of the rights granted to the Buyer under sub-clause
(iI) here of shall not prejudice or affect any right of action or remedy which shall have accrued or shall accrue thereafter to the Seller.
14. JOINT AND SEVERAL
All agreements on the part of either of the parties which compromise more than or person or entirely shall be joint and several and a neuter singular gender throughout this agreement shall include all genders and the plural and the successors in title to the parties.
15. INVALIDITY
The invalidity or enforceability of any term or of any right arising pursuant to this Contract shall not in any way affect the remaining terms or rights.
16. PROPER LAW AND JURISDICTION
(a) The terms and conditions recited herein shall be governed by English Law in every particular including formation and interpretation and shall be deemed to have been made in England. (b) Any proceedings arising out of or in connection with the terms and conditions herein be brought in any court of competent jurisdiction in England and Wales. (c) The submission by the parties to such jurisdiction shall not limit the right of the Seller to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate. (d) Dispute resolution attempt to mediate before litigation.
17. NOTICES
Any other Notices or other written communication to be served on either of the parties by the other shall be sent by recorded delivery or registered post or by email and shall be deemed to have been received by the addressee within 72 hours if sent by email.
18. CONSUMER TERMS
a) Where the Customer is dealing as a consumer (as defined by the Consumer Rights Act 2015) for the purchase of Goods or Services from the Supplier. b) The Supplier shall make sure that all weights, sizes and measurements at the Supplier’s Premises or on its website are as accurate as possible. However, there may be a small tolerance in weights, sizes and measurements in certain Goods. c) If the Customer encounters a problem with the Goods and / or Services the Customer shall contact the Supplier if the Customer would like to the Supplier to: A) replace the Goods; or B) repeat or fix the Services (if applicable); or C) provide a refund. Refunds will be processed within a 14 day period.
19. CHANGE OF ADDRESS
Each of the parties shall give notice to other of the change or acquisition of any address or telephone telex or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.
20. REFUNDS
Refunds will only be given if prior written notice of intent to cancel received via email or in writing and the production has not yet taken place. Orders that are “bespoke” (anything other than our standard product lines of walling stone) are considered as having been put in to production once confirmation of order is received either verbally or in writing. Once production has commenced on ‘bespoke” orders they are non-refundable in any circumstances with the Buyer being liable for the full amount of the order. All orders are subject to a 15% restocking fee if goods are returned.
21. DATA PROTECTION
The Seller shall comply with its obligations under applicable data protection laws including the UK GDPR and Data Protection Act 2018. Personal information collected will only be used for order processing, delivery and communication, and will not be shared with third parties without the Buyer’s consent, except as required for order fulfilment or legal obligation.
22.INTELLECTUAL PROPERTY
Hadspen Quarry reserve all rights to protect our content, designs and photos. They cannot be reused or shared without permission.