Application of Conditions
- The Seller shall sell and the Buyer shall purchase the Goods in accordance with any quotation or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller.
- These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
- In these Conditions:-“Business Day” means any day other than a Saturday, Sunday or bank holiday;“the Buyer” means the person who accepts a quotation or offer of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller;“Calendar Day” means any day of the year;“the Contract” means the contract for the purchase and sale of the Goods under these conditions;“these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;“the Delivery Date” means the date on which the Goods are to be delivered as stipulated in the Buyer’s order and accepted by the Seller;“the Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions;“month” means a calendar month;“the Seller” means Granite Zone Ltd a company registered in England under Company Number 06883481;“writing” includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.
- Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
Basis of Sale
- The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
- No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
- Where the Buyer requests survey or template it shall be deemed as confirmation to proceed with the full order as per quotation. The seller does not operate a survey or template only service.
- Sales literature, price lists and other documents issued by the Seller in relation to the Goods are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Buyer may not be withdrawn cancelled or altered prior to acceptance by the Seller and no contract for the sale of the Goods shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-
- the Seller’s written acceptance;
- delivery of the Goods; or
- the Seller’s invoice.
- Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the
Seller shall be subject to correction without any liability on the part of the Seller.
Orders and Specifications
- No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until
confirmed in writing by the Seller’s authorised representative.
- The specification for the Goods shall be those set out in the Seller’s sales documentation unless varied expressly in the Buyer’s order (if accepted by the Seller). The Goods will only be supplied in the minimum units (or multiples) stated in the Seller’s price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.
- The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
- No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
- All excess worktops and other materials not required to complete the work to agreed specification shall remain the property of the company and shall be removed by the installation team upon completion of the work
- The price of the Goods shall be the price listed in pounds sterling current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.
- All prices are subject to VAT where applicable.
- Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for 7 days only subject to stock availability or such lesser time as the Seller may specify.
- Where stock availability for quote becomes unavailable at any time after quote, prices may vary.
- The price stated on the quote is the total price including installation by Seller’s in-house fitting teams only.
- Where the Seller cannot carry out the installation a separate contractor will be required and the price will be split. The Seller will provide a final quote to show separate costings for;
i) supply of material by Seller and
ii) installation by contractor.
In such circumstances the Seller will ensure that total price of original quote will match the total price of the final quote regardless of VAT status of the installation contractor or VAT quoted on the original quote.
- The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
- Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in writing between the Buyer and the Seller, all prices are inclusive of the Seller’s charges for packaging and transport.
- The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of theGoods, which the Buyer shall be additionally liable to pay to the Seller.
- It is the responsibility of the buyer to ensure that all pre-installation checklists have been completed to the satisfaction of the buyer and the buyer agrees to send a confirmation communication (electronically or otherwise) confirming the checklist have been completed.
Site Survey / Template
- The buyer must specify all items pertaining to the quote to the surveyors during the site survey or template. Any quoted items not mentioned will be presumed to no longer be required as part of the installation.
- The buyer may request a site survey or template where one has not been arranged by the seller prior to installation.
- Where a site survey or template has not been conducted the buyer shall bear responsibility for any error in calculation of measurement supplied to the seller prior to the manufacturing of the goods.
- Where a site survey or template has been carried out by or on behalf of the seller the seller will provide all those materials stated upon the site survey sheet.
- The seller will pre-process all those goods shown on the survey information sheet that it wishes to do so where such processing is not carried out on site.
- Where the buyer requests changes to the original site survey or template an additional survey must be sought and the buyer shall bear the costs of this additional survey. Should the buyer dispense with such additional survey the seller shall accept no responsibility for any inaccuracies or missing items arising thereafter even where information has been relayed to the seller.
- Where installation cannot be carried out due to an error of the buyer the buyer agrees to pay a return fee equal to that of the installation fee to the installation team prior to leaving the premises where work is not completed due an error of the buyer regardless of type of error.
- The seller will pre-process all under-mount sink cut outs as per the template provided either by way of downloaded supplier template or stock template or customer template however an overhanging collar may be processed as standard.
- The buyer accepts that acceptable variances may occur in sink collar sizes and that any such variance will fall within the seller’s acceptable parameters.
- Specific sink collar requirements such as over-hangs or a flush fits must be confirmed in writing by the buyer prior to installation.
- Buyer acknowledges that on-site processing may be necessary even where kitchen has been surveyed or templated.
- Removal of water residue from draining surfaces through the grooved surface of the drainer offers only partial functionality and the buyer accepts that additional wiping of the draining surface may be required to completely remove water residue.
- Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods at the time of the seller receiving confirmation of the buyer’s order of the Goods, unless the Buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer for the price at any time after theSeller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
- The Buyer shall pay the price of the Goods (less any discount or credit allowed by the Seller, but without any other deduction credit or set off) upon the day of completion of installation by the installation team prior to the installation team leaving the buyer’s premises. Receipts for payment will be issued only upon request. All payment must be made in cleared funds prior to the installation team leaving the premises. No goods will be left with the buyer unless cleared payment has been received. Interest will be charged on payments outstanding for more then 7 days post installation at a rate £15 per day.
- Buyer accepts that any chargebacks made under Scheme Rules will incur a charge of £40 per day starting from and including first day of retraction up to and including day of return of funds.
- Where legal action is required to obtain full or partial payment Buyer agrees to pay all legal costs of Seller.
- All payments shall be made to the Seller in Pounds Sterling at its office as indicated on the form of acceptance or invoice issued by the Seller. Any additional charges for processing of payment shall be limited to a 2% surcharge for Credit Cards and 8% for American Express of the total price of the goods purchased.
- The Buyer shall be entitled to a “cooling off period” of 7 days in respect of any order placed EXCEPT were the buyer has requested installation within the 7 day “cooling off” period and the Buyers agrees to waive such statutory right.
- The Buyer acknowledges that the Seller and installer are two separate legal entities and the Buyer shall ensure that the installer is paid prior to the installation team leaving the Buyers premises.
- The Buyer agrees to pay all Seller legal fees for claims of faulty goods or services requiring legal defence where Seller is found to be not liable.
- Delivery of the Goods shall be made by the Seller delivering the Goods to the place in theUnited Kingdom specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller.
- The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
- If the Buyer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.
Quality of goods supplied and workmanship
- The buyer agrees to notify the seller of any issues in relation to product quality or service at time of installation.
- The seller takes no responsibility for any damage that may occur as a result of negligence or misuse by the buyer.
- The buyer agrees and acknowledges that it is their responsibility to ensure that all worktops are free from damage prior to payment and completion of installation. Any such damage deemed to have occurred after such time shall only be repaired or replaced free of charge at the discretion of the seller.
- All worktops will be matched for colour as closely as is possible but the buyers acknowledges and accepts that variations may occur in any naturally occurring materials used. The buyer agrees to inform the seller immediately prior to work completion of any such occurrence.
- The buyer acknowledges that it is their responsibility to ensure that all cabinets are securely fitted and level and have sufficient braces where appropriate and that all floors can support the weight of any free standing unit supplied. The buyer accepts that the seller has no responsibility for incorrectly fitted units or faulty cabinets cause damage during or after installation.
- The buyer acknowledges that additional joints may be required in order to make safe and comply with any health and safety legislation. Furthermore, the buyer acknowledges that occasion may arise where alteration may have to be made in order to ensure correcting fitting.Any miscut is not the responsibility of the seller and no replacement will be given.
- All worktops supplied will be approximately 30mm in thickness (unless otherwise agreed) and the seller accepts no responsibility for any variance in height where excess of tile, upstands or otherwise and will not raise the height of the units or worktops as part of the standard installation process.
- The Seller will be allowed to alter kitchen units and cabinets to ensure correct fitting of sinks, hobs, taps, pop-up sockets, etc and may include cutting, notching, drilling, chamfering or removal of sections. Such alterations will not be compensated by the Seller regardless of reason for alteration.
- The seller will not carry out any works in relation to the disconnection or reconnection of any plumbed appliances and the buyer acknowledges that it is their responsibility to ensure that disconnection, reconnection is carried out by a suitably qualified tradesperson.
- The buyer should make their own arrangements in respect of the above to coincide with installation.
- The seller will cut out sink insets and hob insets as per buyer’s instructions only where those appliances are on site at the time of installation or where they follow the customer’s instructions. The seller accepts no responsibility where the appliance is not on site and where the buyer’s instructions or manufacturer’s aperture instructions have been followed.
- The seller will not seal any inset appliance, nor carry out electrical, gas or plumbing work unless specifically stated on quote.
- The seller accepts no responsibility for works carried out by installation team outside of the stated contract of the quote offered including electrical, gas or plumbing work.
- The seller will not be responsible for making water tight seals where the bottom upstands meet worktops or the tops of the upstands meet the walls.
- Undermounts of sinks will be fitted into place and sealed during installation.
- The buyer acknowledges that Granite and Quartz are natural materials and variance in colour can occur when viewed under artificial lighting and the buyer accepts this and the buyer accepts the seller cannot guarantee an exact colour match along the length of any given worktop nor can the seller guarantee the quantity of quartz contained within the material used will be equal to that of the sample first supplied.
- The Buyer accepts that samples sent are of current stock only. Where a notable amount of time passes between receipt of sample and final order an updated sample should be sought by the Buyer. The Seller accepts no responsibility where batch colours vary due to such time spans.
- Buyer acknowledges that Granite and Quartz may have natural inclusions within them including but not limited to pitting, veining, shakes and fissures.
- The buyer acknowledges that where surfaces are polished a flattening of any inclusive materials can occur and is normal.
- The buyer accepts that materials thicknesses and widths will vary but these will fall within acceptable tolerances as deemed to be acceptable by the Seller (usual standard is +/- 3mm).The seller will request the installation team to minimise any such occurrence.
- The buyer accepts that bowing may occur in materials due to manufacturing processes and that this may affect join levels. Tiny variations in joins will be deemed as normal.
- Where any join is required for areas such as worktop joining, down-stand mitres, end panel mitres, splashbacks / upstands meeting worktops, etc, joins will be made in a neat manner and of sizes approximately 1-4mm in size with a maximum variation in join width of 2mm. Wider join sizes may occur where uneven cabinets and/or walls throw worktops out of level and this must be accepted as normal for stone worktops.
- All jointing compounds or corking materials used will be matched to the worktop colour using stock colours only and not colour-matched exactly by mixing colours unless specifically agreed within the quote.
- Any naturally occurring defect or imperfection in material due to manufacturing process within a product shall be deemed to be “normal” and therefore not as a result of a defect in process of manufacture and shall not subject to replacement or compensation.
- The seller reserves the right to repair or replace any such product as it sees appropriate at its discretion using whatsoever materials artificial or natural it see fit.
- The seller is not liable for any scratches to floor coverings, cabinets, walls or other damaged caused by the installation process where the buyer does not mention prior to payment and completion any such damage. Any repair is the responsibility of the installation team.
- The seller accepts no responsibility for the health and safety of the buyer or any other person present not in the direct employ or control of the seller whilst the installation process is being carried out.
- Fitting of units to walls will be done to the best standard possible provided that walls are square or straight. The buyer acknowledges that it is their responsibility to perform any final finishing touches. The buyer acknowledges that the installation may need to make minor alteration to walls etc in order to obtain the bets fit possible for the buyer. All splashbacks, tiling, upstands or alike should be carried out after installation has been completed.
- The buyer acknowledges that although each installation will attempt to work causing the minimum of noise, dirt or other disruption that some of these will occur during the installation process and the buyer accepts this will be unavoidable.
- The Seller may substitute strengthening rod processing in favour of a ‘Fragile Material Protection Cover’. Where taken no additional charge will be made to the Buyer for (1) labour where re-work of joins is required, (2) additional materials required such as rail bars, (3) damage caused by breakage either inside or outside of the installation premises.
- The seller accepts no responsibility for the cleanliness or general condition after installation has been completed and will not return to clean up or remove small pieces of work top. The buyer accepts that it their responsibility to clean up and not that of the seller or installation team.
- Aftercare advice is available at the following links: http://granitezone.co.uk/blog/?p=41 (for GRANITE) and http://granitezone.co.uk/blog/?p=99 (for QUARTZ). It is the buyer’s responsibility to ensure that this advice is adhered to.
- The Buyer accepts that delays caused not through the fault of the Seller will be subject to a down-time payment of £60 per hour.
- The Buyer accepts that that where a re-visit is required through no fault of the Seller a fee of £300 will be charged.
- Plumbing work, joinery works, kitchen works, or any other non-stone works requested by the Buyer on day of installation will be charged at £60 per hour not including parts which must be purchased by the Buyer and is subject to installers capabilities. The Seller accepts no responsibility for non-stone works carried out
- Due to the complexity of processing and installation stone worktops, the Buyer accepts that installation of worktops may not always be completed in a single visit and may require additional visits possibly on non-concurrent days. The Seller will not compensate for delays caused by lost work time, service engineers call-out charges, down-time, nor any other charges associated with delays caused due to re-visit requirements.
Risk and Retention of Title
- Risk of damage to or loss of the Goods shall pass to the Buyer at:
- in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or
- in the case of Goods to be delivered otherwise than at the Seller’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when theSeller has tendered delivery of the Goods.
- Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.
- [Sub-clause 8.2 notwithstanding, legal and beneficial title of the Goods shall not pass to theBuyer until the Seller has received in cash or cleared funds payment in full of the price of theGoods and any other goods supplied by the Seller and the Buyer has repaid all moneys owed to the Seller, regardless of how such indebtedness arose.]
- Until payment has been made to the Seller in accordance with these Conditions and title in theGoods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for theSeller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
- The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. In the event of repossession the Buyer shall deliver up to the Seller all Goods in which title has not passed, the cost of which shall be born by the Buyer.
- The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if;
- The Buyer commits or permits any material breach of his obligations under these Conditions;
- The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
- The Seller may assign the Contract or any part of it to any person, firm or company.
- The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.
Right to Return the Goods and to Receive a Refund
- If the Buyer is not satisfied with any Goods purchased from the Seller, the Buyer may cancel the Contract and return the Goods to the Seller and obtain a refund of the price of the returned Goods, provided:-
- The Buyer informs the Seller of the decision to cancel the Contract within 7 Calendar Days of delivery of the Goods; and
- The Goods are returned in their original condition.
- While the Goods remain in the Seller’s possession the Seller is under a duty to ensure that the Goods are kept safe and secure.
- The following transportation charges will apply:-
- If the total purchase price of the returned Goods is less than £500 the charge payable by the Buyer for the return is £100.
- If the total purchase price of the returned Goods is more than £500 the charge payable by the Buyer for the return is £300.
- Where the Goods are custom made to the order of the Buyer, the Buyer shall not be entitled to return the Goods and receive a refund unless the Goods are faulty. The statutory rights of the Buyer are unaffected.
- The buyer agrees to adhere to the advice of the seller and the installation team in respect of advice given as to setting periods for fitting and or setting times of glues or other adhesives.Should be buyer in the opinion of the seller be deemed to have ignored this advice the seller reserves the right to charge a revisit fee.
- The buyer acknowledges and agrees that where the seller has carried out pre-processing work upon receipt of a confirmation order and the buyer cancels the order the buyer agrees to reasonably compensate the seller for the time spent and materials used equal to the cost of labour and materials processed.
- Warranty Registration must be made via email and sent to firstname.lastname@example.org within 60 days of product installation and must include the Buyer’s Name, Address, Date of Installation and Invoice Number.
- This warranty obligates GRANITE ZONE LTD to repair or replace any defective product, or make right errors occurring due to fitting issues, for the LIFETIME of the installation. Replacement products must have the same characteristics (thickness, colour, etc) as those originally purchased by the customer, unless in the case of a product being discontinued. In this case, it would be replaced by a product with similar characteristics.This warranty covers GRANITE ZONE LTD granite and quartz surfaces, installed as countertops, flooring, cladding, and wall covering permanently installed in the interior of a property of the warranty holder. It is vital the choice of colour and finish has been finalised prior to the closing of purchase, as any modifications of these choices will not be covered by this warranty.This Letter of Warranty is in all cases reliant upon the strict adherence of the customer to upkeep and maintain the GRANITE ZONE LTD product as detailed in the guidelines provided alongside the installation.
- This Warranty excludes any damage which is directly or indirectly caused by work, repair, or any other intervention carried out by third parties not relating to GRANITE ZONE LTD. Including: problems cause by incorrect finish, modification, or manipulation of the original installation, performed by third parties not related to GRANITE ZONE LTD.
- Any damage which results from improper use, including, but in no way limited to: (i) using the product for means other than intended; (ii) use of product in a way that disregards technical or safety standards; (iii) failure to follow user and maintenance guides; and (iv) exposure of the product on the exterior of buildings.Any damage caused by natural disasters, by inter- action from other products, or any other cause beyond GRANITE ZONE LTD’s control.Colour/tone variations derived from natural changes over time, which occur in the different components of the product. Cracks and chipping on the surface of the installation. Cracks and chips are not considered an indication of defective material. The main causes of cracking are: movements, excessive weight placement, scraping, bumping, or heat application directly on the surface. Any incidental damage, expense, or loss other than that of the installed product itself. Including, but not limited to, any damage suffered to other products/ installations, or any additional repairs required on plumbing, masonry work, or electrics in order to repair or replace a GRANITE ZONE LTD product. This shall be the sole responsibility of the customer. Any damage which occurs during the period in which the claim is being processed and/or repaired. This extends, but is not limited to: harm and loss of pro t affecting professional, industrial, commercial, or merely living activities suffered by the customer or any third party. Damage resulting from exposure of the product to intensive and continuous use over long periods of time, such as: warping of flooring, loss/decline of aesthetic characteristics, and discolouration. Problems, damage, or inconvenience from the generation of static electricity or the use of products designed to reduce/eliminate static electricity. Damage arising from deficits or omission in the technical projects on which the buildings are executed, in which GRANITE ZONE LTD products are installed. Differences between samples/photos of any GRANITE ZONE LTD product and the true installation are also excluded. As are spots or stains produced by components of the material and polish defects, since GRANITE ZONE LTD do not under any circumstances sell defective products.
Confidentiality, Publications and Endorsements
- The Buyer undertakes to the Seller that:-
- the Buyer will regard as confidential the contract and all information obtained by theBuyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer’s default;
- the Buyer will not use or authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its Licensor;
- the Buyer will use all reasonable endeavours to ensure compliance with this Condition by its employees, servants and agents.
- This Condition shall survive the termination of the Contract.
- All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail:
- (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or
- (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.
- Communications shall be deemed to have been received:
- if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
- if delivered by hand, on the day of delivery; or
- if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.
- Communications addressed to the Seller shall be marked for the attention of Matthew Crawford.
- In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 14.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.
- Sub-clause 14.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.
- Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
- If and when the period of such incapacity exceeds 6 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the
Contracts (Rights of Third Parties) Act 1999.
The provisions of these Terms and Conditions are in addition to and do not affect the Buyer’s statutory rights as a consumer.
Governing Law and Jurisdiction
The Contract shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts.