Terms & Conditions

Conditions For The Supply Of Goods

Definitions

In these Conditions, unless the context requires otherwise:

Buyermeans the person who buys or agrees to buy the Goods from the Seller;
Conditionsmeans the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
Delivery Datemeans the date when the Goods are to be delivered, as specified by the Seller;
Goodsmeans stone and/or other articles which the Buyer agrees to buy from the Seller;
Pricemeans the price for the Goods excluding carriage, packing, insurance and VAT; and
Sellermeans IP & R Gledhill Ltd (CRN: 10141373) whose registered office is at The Old Railway Sidings, Alder Street, Fartown, Huddersfield HD1 6LD.
  • Conditions applicable
    • These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
    • All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
    • Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
    • Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
  • Price and payment
    • The Price shall be the Seller’s quoted price or the price set out in the Seller’s written acknowledgement of order (if different).
    • The Price is exclusive of VAT, which shall be due at the rate ruling on the date of the Seller’s invoice.
    • Payment of the Price and VAT shall be due on the Delivery Date, unless the Seller has otherwise agreed to different payment terms which are set out in the Seller’s written acknowledgement of order, in which case, such payment terms shall prevail.
    • Time for payment of the Price and any VAT shall be of the essence.
    • Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment, at a rate of 2% above Barclays Bank PLC’s base rate from time to time in force, and shall accrue at such a rate after as well as before any judgment.
  • The Goods

The quantity and description of the Goods shall be as set out in the Seller’s quotation.

  • Description and sample
    • The Buyer acknowledges and agrees that any description which is given or applied to the Goods:
      • is solely for purposes of reference and does not constitute or afford the basis for any express or implied undertaking that the Goods correspond with or conform to such reference;
      • shall not make the sale of Goods a sale by description; and
      • is not and has not been relied on by the Buyer when purchasing the Goods.
    • The Buyer acknowledges and agrees that when a sample of the Goods has been shown to or inspected by the Buyer:
      • the sole purpose of so doing was to enable the Buyer to judge the quality of the bulk; and
      • the sale does not, in consequence of the Buyer’s inspection of the sample or otherwise, constitute a sale by sample.
    • Warranties and liability
      • Except as otherwise expressly provided for in these Conditions [or overleaf] (if such be the case), all warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.
      • All liability on the part of the Seller in respect of the matters referred to in paragraph 1 is excluded.
      • The Buyer undertakes not to bring any claim or resort to any proceeding in respect of the matters referred to in clause 1.
    • Delivery of the Goods

Unless otherwise agreed in writing, delivery of the Goods shall be made to the Buyer’s address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

  • Acceptance of the Goods
    • The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
    • After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
  • Title and risk
    • Title in the Goods shall not pass until the Seller has received the full amount of the Price and any other sums that are owed to the Seller by the Buyer.
    • Risk in the Goods shall pass on delivery of the Goods.
  • Remedies of Buyer
    • If the Buyer rejects any Goods, the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
    • If the Buyer accepts or has been deemed to have accepted any Goods, then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
    • The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
  • Severance
    • If any provision of these Conditions is prohibited by law, or is determined by any court of law or other binding adjudicatory authority or conceded by the parties to be unlawful, void or unenforceable, the provision:
      • shall, to the extent required and as far as possible, be severed from these Conditions and rendered ineffective without modifying the remaining provisions of these Conditions; and
      • shall not in any way affect any other particular provisions of these Conditions or the validity or enforcement of these Conditions generally.
    • Proper law of contract

This contract is subject to the law of England and Wales.

Website Usage T&Cs

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