Our Terms of Business
I DEFINITIONS AND INTERPRETATION
1 Where these terms of business refer to "Us", "We", “The
Company" or "Seller” We mean GON Granite and Marble
Limited whose registered office is situate at Bachymbyd Garage,Ruthin
Road,Denbighshire,LL16 4PF who shall provide the work and/or materials
detailed overleaf in the course of his trade or business.
2 Where these terms refer to "You", "the Purchaser" or "the
Buyer" We mean the person, partnership or body corporate who
is/are named in this contract and unless otherwise specifically
stated, where these phrases appear, we mean both a consumer buyer
and trade buyer.
3 “Work”, "Installation" or "Materials" shall
mean the work and/or materials required to be undertaken/supplied
to fulfill this contract and shall be exclusively detailed overleaf,
and any descriptions given shall be core terms and shall exclude
any additional works which shall be chargeable in addition to the
price given. Anything agreed between the purchaser and the company's
representative shall be recorded overleaf or shall require written
approval by the company where amendments are made after/at the
time of contract. As with all goods of this nature, the company
reserves the right to make amendments to products so as to allow
for product development and samples in brochures or on display
are intended as a guide only and do not form part of this contract
unless expressly stated overleaf.
GENERAL CONDITIONS
A General
1 Nothing within this agreement shall operate to restrict the statutory
rights of a consumer in any way. Where the purchaser buys in the
course of a business, either materials or labour or labour and
materials, the seller accepts no liability in respect of quality,
description, fitness for purpose nor care and skill and the trade
buyer accepts full responsibility for any such failures. Further,
the trade buyer accepts that he is best placed to insure against
any failures which may arise.
2 We provide an instruction, maintenance and care guide for your
benefit and the terms of the guide should be read in conjunction
with and form part of these terms.
3 Purchasers should ensure that the specification provided by the
company is in accordance with their wishes as alterations may not
be possible subsequent to the signing of this agreement or may
incur additional expense for you. Particularly, unless specified
overleaf, purchasers shall receive 20/20 granite and not 30/20.
4 Measurements taken by the company are based upon conditions as
they are at the time of measurement. No liability can be accepted
in the event that changes are made to the installation site, which
causes measurements taken to become inaccurate. Further, no liability
is accepted for measurements supplied by the purchaser directly
(whether trade or otherwise).
B Payment Terms/Guarantee Terms
5 Where no scheduled payments are agreed, final payment (being
the balance due) shall be immediately payable upon completion of
works. If payment is not made upon completion, the company shall
charge 2% above the base rate of Barclays Bank PLC base rate per
calendar month for each full or part month of default. In respect
of a trade buyer, default interest shall be charged at the maximum
rate permissible under the Late Payment of Commercial Debts (Interest)
Act 1998 or in accordance with any credit terms agreed with the
company.
6 No guarantees are supplied by the company although some manufacturers/importers
provide a guarantee. All guarantee rights shall be limited to the
extent of the manufacturer/supplier guarantees where provided.
Guarantee terms generally allow for the manufacturer to instruct
third party repairers or sub-contractors to undertake repair works
and exclude liability for damage caused to the installation by
the customer. Please read any such guarantees carefully.
C Site Preparation/Defects and Liability
7 All arrangements for clearing the site or making available adequate
space to undertake the required work shall be the sole responsibility
of the purchaser (unless otherwise agreed) and if such arrangements
are not made, the company shall be at liberty to charge for such
arrangements. Unless space is made available for storage of materials,
they shall be stored upon the delivery site floor. Any damage caused
to flooring or to ornaments and doorframes etc. shall not be accepted
by the company. The area immediately surrounding the works shall
be made good by the company but shall exclude, removal of minor
splashes from walls and other surfaces or floors and defects inherent
within the building structure of the land/property for which the
purchaser shall be responsible as this would amount to property
maintenance.
8 In the event of any dispute arising during the course of, or
subsequent to, completion of all works, the purchaser shall not
be entitled to withhold payment in excess of any amount representing
a reasonable valuation of the work required to rectify or replace
the work which is specifically subject to the said dispute. In
addition, the purchaser agrees (and accepts as reasonable mitigation)
to make contact the company in the first instance and allow opportunity
for the company to effect repairs, where a defect is alleged, without
incurring expense by having work undertaken by a third party.
9 The company limits liability to the fullest extent permitted
by law in relation to minor imperfections in granite and marble
and granite effect and marble effect products, which, by their
nature, are imperfect. This clause shall in no way operate to take
away the rights of a consumer purchaser to complain regarding serious
defects, which the reasonable person may take to be serious.
10 Purchasers are reminded that granite and marble are natural
products and may vary in colour, even within the same batch and
that minor flaws and chips may be present, requiring filler, which
is entirely normal. Colour matching is not always achieved and
samples on display are indicative only, as are brochures and sample
boards. Grain (as with wood) may not match with other sections
and may be varied, although production methods ensure that these
are reduced as much as possible.
11 The company shall not be liable for upgrading or re-siting existing
services (such as plumbing or gas pipes, electric's etc.). It is
the responsibility of the purchaser to ensure that these matters
have been catered for prior to commencement of works and by the
commencement date at the latest, unless otherwise agreed in writing
with the company.
12 Joints may be needed in an installation where granite and marble
sections do not complete the run required. Resin is used at such
joints to ensure adhesion and this may be visible. In addition
small hairline cracks may be caused during machining which are
fillered. This is normal and not a defect.
13 No liability is accepted by the company in respect of kitchen
base units/carcasses, which fail to support the granite or marble
sections fitted. Purchasers should ensure that all base units are
capable of supporting granite or marble prior to contract.
14 This contract is made on the assumption by both parties that
normal conditions prevail and that any unusual conditions which
materialize shall be in addition to this contract.
15 The company shall not be liable for delays caused by reasons
beyond the control of the company, such as adverse weather, illness,
shortages, strikes and civil disputes.
16 Staining may occur upon granite and marble and care should be
taken to avoid felt pens coming into contact with the installation.
Similarly, granite may break or chip if heavy objects are dropped
thereon.
17 The Company shall not be liable for departures from the specification
within the contract where such departures are due directly to unforeseen
site conditions.
18 Notwithstanding any other provision of this agreement, nothing
in this agreement shall confer, nor is it intended to confer, a
benefit on any third party (for the purposes of the Contract (Rights
of Third Parties) Act 1999 or for any other purpose).
D Title and Price Variation
18 The company reserves the right to vary prices where such variation
becomes necessary due to fluctuations in VAT, Government levies
or other such variations beyond the control of the company. On
such variation prior to commencement, the client shall have the
option to withdraw from this agreement without penalty or to continue
on the basis of an amended price. Where such variation takes place
subsequent to commencement, the client shall pay the increase.
Estimates are based upon a visual inspection only and the company
reserves the right to increase the price in the event that unusual
conditions become apparent subsequent to work commencing. The estimated
price is subject to a survey but any such survey shall not render
this agreement conditional.
E Time, Cancellation and Jurisdiction
19 Time will not be of the essence unless specifically made so
overleaf. As such, the purchaser agrees to a reasonable time for
notice of essence of 21 days. The company will endeavour to inform
the purchaser of the reason for delay.
20 Where the purchaser wishes to cancel the contract subsequent
to signature, the said purchasers' deposit shall be forfeited (to
a maximum of 30%) and shall be agreed as loss of profit damages
and not a penalty, such applying to contracts where materials have
not been ordered by the company. Where the goods ordered by the
buyer have been placed on order by the company, the full value
of the contract shall become payable as loss of profit and other
damages, certainly in circumstances where granite or marble has
been cut to size.
21 Jurisdiction for this agreement shall be English Law and industry
custom and practice.
Telephone 01745 890 888 Fax 01745 890 889 email granite@g-o-n.co.uk