1.1 The Company shall means The Stonemart Ltd.
1.2 The Buyer shall means any person, firm, company or organisation to whom goods are sold by the Company.
1.3 Goods means products supplied by the Company under this Contract.
1.4 Conditions means the Standard Terms and Conditions of sale set out in this document.
1.5 Price means the Price of Goods inclusive of VAT, but exclusive of delivery costs.
1.6 Contract means the contract for the purchase and sale of goods.
1.7 Writing includes telex, facsimile transmission, electronic mail and comparable means of communication..
BASIS OF THE SALE
2.1 Buyer orders and agrees to purchase, and the Company agrees to sell the Goods, subject to these Terms and Conditions.
2.2 No variation or modification of or substitution for these Conditions (even if included in or referred to in the document placing the order) shall be binding unless specifically accepted by the Company in Writing.
2.3 This Contract replaces and supersedes any prior written or oral agreements, representation or understanding between the Company and the Buyer (including Company sales staff) in respect of the Goods.
2.4 It shall be the responsibility of the Buyer to check and ensure that all details relating to the order are correct and provide the Company with relevant information relating to the environment in which the goods are intended to be used and for their delivery.
2.5 The Company at their discretion can provide estimates of Goods but this will be based on general guidance only and the Buyer should not rely on this estimate. It shall be the Buyers responsibility to ensure they have ordered the correct quantity of goods and the Company shall not be responsible for any shortfall or surpluses.
2.6 Where products are supplied in a pattern format involving different sized products to complete a pattern the Company reserves the right to only supply the pattern as a whole and not individual constitute parts.
2.7 The company do not accept any split crate orders unless agreed in advance.
VALIDITY OF QUOTATION
3.1 Unless previously amended or withdrawn, the Company’s quotation is valid for 30 days only. The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for Goods under these Conditions.
3.2 The Company reserves the right to change the Price by giving the Buyer notice at any time before delivery to reflect any increase in the cost of the Goods to the Company (any factors beyond the Company’s control including foreign exchange fluctuations, alteration of duties, increase of the cost of transport and materials and such like).
3.3 If the Buyer receives a notice pursuant to change in the Price the Buyer shall be entitled to cancel the order without penalty by giving not less than 2 working days’ notice to the Company in writing.
3.4 If an order which has been accepted by the Company is either cancelled or varied by the Buyer, then the Buyer shall be responsible to pay the Company any costs, losses, or expenses properly and reasonably incurred or suffered by the Company as a result of the cancellation or variation.
PRICES AND TERMS OF PAYMENT
4.1 Prices are subject to alteration or withdrawal without notice.
4.1 (a) Prices include VAT but exclude delivery charges.
4.2 Orders can only be accepted subject to these Conditions and that Goods will be invoiced at Prices ruling on the date of payment.
4.3 Subject to any special terms agreed in writing between the Company and the Buyer the terms of payment are as follows:
4.4 For all orders, Payment must be received in full or payment must reach into the bank account of the Company (cleared funds) prior to dispatch of the order.
4.5 Liability for payment for Goods shall arise at the time of the order. If payment is not received prior to delivery the Company; reserves the right to hold the delivery until the payment is made in full.
4.6 Special orders must be paid in full and once ordered are not retractable.
4.7 Any Goods purchased ex-display are sold as seen and the onus is on the Buyers to satisfy themselves as to the quality at time of purchase. No refunds/exchanges will be available on these goods.
PRODUCT INFORMATION AND SAMPLES
5.1 All descriptions, images, (in both print and on the internet) advertising, and specification are for purposes of giving an approximate representations of the goods only and their accuracy cannot be warranted by the Company.
5.2 The Company shall be under no liability in respect of natural and geological variations occurring in terms of colour, markings, texture, size, and between consignments, which are beyond the control of the Company.
5.3 The sample is supplied within the Companies tolerance limits of size, texture and colour variation. The Company cannot guarantee to match shades of the samples presented or any previous orders supplied.
5.4 All natural stone pavings are to a greater or lesser extent porous and need to be impregnated with industry recognised materials. Some stones may be easily scratched and / or is subject to pitting /chipping.
5.5 Stone delivered to site must be stored securely in suitable conditions. Tiles must always be stacked and stored vertically (on edge) but not on hard surface as this can cause unnecessary edge chipping.
5.6 The company strongly suggest that all tiles are blended before installation. The installer must have an understanding of blending requirements or special patterns as part of the skills.
5.7 Buyer should always consider wastage on each project before ordering, for instance minor damage to some stones which may occur in transportation or during site handling, site cutting and grading.
5.7 An order should always include an additional 10% to allow for wastage to cover, cutting, minor imperfections, and breakage.
5.8 Whilst sorting tiles to ensure suitable blending, normal practice calls for segregation of tiles with minor damages or some unusual markings. They can be used where cut tiles are required, or in less visible locations. Natural stones is particularly susceptible to colour and tonal variations from batch to batch.
5.9 Stone tiles are always packed in wet conditions at the factory and cannot properly dry out until unpacked; they will lighten in colour as they dry. It is therefore essential that all tiles are completely dry prior to installation to be able to assess any colour variation present. To check this, it may be necessary to place a tile in front of a direct heat source to see the true colour of the stone when it is totally dry.
5.10 Mineral oxidization (very occasional rust stain), or rust contaminated by the steel stander and crate nails is a natural phenomenon that will not affect the durability or performance of the stone. The visible effects of this process will dissipate over time. There are also products on the market that claim to help dissipate these effects, which are available at your local builders merchants. Always seek advice from the chemical manufacturer on the suitability of their products before use. The company shall be under no liability in respect of natural and geological variations occurring in terms of mineral oxidization, which are beyond the control of the production and transportation processes.
5.11 All natural stones have pores, there is no stone that does not absorb water, so reflected water staining are accidentally happened on the all popular stone slabs on the market, which involves the laying method, please look for professionals to lay your patio. Customer understand must to keep the mortar evenly on the ground for screed bedding, do not let spot bedding, ring bedding and other uneven mortar to support slabs. When laying natural stone slabs, lay on a full mortar bed. This will not prevent through bed staining but will reduce the chances the of it taking place. All good practice guidance suggests that paving stone should be fully bedded and not laid on dots and dabs. All stone products have the reflect water stain risk, our company does not have any responsibility for the reflection stains of natural stones caused by inappropriate laying.
5.12 When grouting in the gaps of porcelain paving slabs, the solidifiable chemical grout material should be cleaned immediately, actually, we strongly discourage the use of coloured solidifiable chemical grout, otherwise, the resin hardener will make impression on the textured slabs. The stain doesn’t be absorbed but coloured solidifiable chemical hardener may not be removed from the textured surface of slabs.
6.1 Delivery charges shall be paid by the Buyer and will vary dependent on size, weight and distance from the Company location. The online prices of the Company have been calculated by including standard delivery to most postcode of the UK.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Company will endeavour to have the Goods delivered to the delivery address on the delivery date but the time for the delivery shall not be of the essence unless previously agreed by the Company in writing.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company 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.
6.4 Delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any order or refuse delivery.
6.5 The Goods will be off-loaded at the nearest accessible point to the delivery address at the discretion of the driver, which may be kerbside.
6.6 The Buyer shall inform the Company of any access restrictions or difficulties for a large lorry with tail-lift (and pump truck) and that Buyer must ensure a suitable/responsible person is at the delivery address at the time of the delivery to supervise the off-load and to sign for the Goods.
6.7 The Buyer shall be responsible for the movement from the vehicle off-load position to its final destination (onwards handling).
6.8 If delivery is unsuccessful due to no one being at the delivery address at the time of delivery or due to the Buyer failing to inform of private inaccessibility or relevant restrictions, the driver will retain the Goods and the Company will await further instructions from the Buyer. Note the Buyer will be charged additional delivery charge in these instances (for every attempt to re-deliver).
EXAMINATION, REPORTING DAMAGE AND ACCEPTANCE
7.1 The Company takes care to ensure that all Goods leave in perfect condition. Goods delivered to the Buyer must be checked immediately and any damages/faults must be reported to the Company in writing within 48 hours of delivery.
7.1 (a) If there is any obvious breaks and damage to the Goods while the delivery arrival, please make a sign of the breaks or damage on the delivery note before the carrier leave.
7.1 (b) Check your delivery fully when the Goods arrival, take a digital photo of all damaged items together and forward to us with a written statement of damages as soon as possible as this will enable the Company to claim against the carrier.
7.1 (c) Some delamination is acceptable in natural stone. Riven slabs such as sandstone and limestone sometimes have this due to the natural split face. These small delaminations are created when the slabs are split. This will not affect the durability of the slabs themselves. As this is a natural occurrence, we can not predict or prevent this from happening.
7.2 Shortages, and incorrect deliveries notified to the Company wherever possible will be remedied within a further 14 working days subject to availability and transportation in the condition of in the stock.
7.3 The Buyer shall deemed to have accepted the Goods, if they are not returned or rejected within 7 working days of delivery or the Goods have been fitted/fixed or attempted to fit/fix to a wall or floor.
ONLINE ORDERING – CHECKLIST
8.1 Please ensure you order a minimum of 10% to 15% extra to cover the occasional breaks in transit, breakages during installation and slabs you may wish to deselect for aesthetic purposes. The first 7% of any transit damage is not covered, above 7% to 15% is refunded on a prorata basis. Replacements are only sent if the overall damage exceeds 20%.
8.2 Check your delivery postcode to see if you are in the FREE delivery area – see our SHIPPING section for areas not covered and get in touch for a quote.
8.3 Delivery is between Monday to Friday, 8am to 5.30pm and must be signed for.
8.4 We will provide the delivery company your number so they can book delivery with you directly, they will typically call you the day after we dispatch your order. It is important we have your correct contact number(s). If you have not been called within 48hrs of your order being dispatched please contact our office so we can assist you.
8.5 Check the DELIVERY METHOD section so you know how delivery is made (tail-lift, kerb-side).
8.6 Receiving your order – please sign the paperwork with the phrase “UNCHECKED FOR DAMAGES”. We cannot pursue any claims if the paperwork is not marked as such.
8.7 Breakages – every effort is taken to ensure the stone arrives undamaged, with it being a natural product breakages can occur and therefore the first 7% of the order is not covered. If it is greater than this level, please email detailed pictures evidencing the scale of the damage within 48hrs of receipt and will refund on the meterage. Replacements are not sent unless the nature of the damage is excessive, typically this would be 20% (i.e. due to crate being dropped, mechanical impact etc.)
8.8 Returns and refunds – please refer to the RETURN & REFUND section.
CANCELLATION AND RETURNS
9.1 In the unlikely event that the Buyer is unhappy with the Goods supplied, the Buyer has the statutory right to cancel this contract within 7 working days of the delivery (except for those orders which were specifically made) and that the Goods must be returned to the Company within 14 days and the purchase price will be refunded in full on confirmation that the Goods are in the same condition including original packaging as delivered.
9.2 No returns will be accepted after 7 working days. In exceptional circumstances, Goods may be accepted for credit and where such consent is given a minimum re-stocking fee of 20% of the Price of the goods will be charged plus any delivery charges where applicable.
9.3 In all cases the Buyer shall pay for the cost of sending the Goods back to the Company.
10.1 Customers must ensure that the delivery point for unloading is suitable for a tail-lift, manual pump truck method of delivery. The pump truck can only moved a short distance on a solid and level surface. It cannot be moved on soft surfaces like sand, grass, gravel etc.
10.2 By entering a sale on our website customers are appreciated to ensure that these terms are understood. If costs are incurred because the delivery company cannot carry out their delivery then these costs will be borne by the customer. In this case it would be all costs for outward and return delivery in addition to applicable restock charges that may apply.
10.3 Please also note that failure to be at site on a day that has been prebooked for delivery could incur a redelivery charge of £60 per crate or pallet and upwards. This charge is imposed by the delivery company and we pass these charges on at cost.
10.4 If in any doubt about these terms please call our customer services team BEFORE placing your order online.
11.1 Risk of breaks and damage, loss of the Goods, and accident risk shall pass to the Buyer upon delivery.
11.2 Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the ownership in the Goods shall not pass to the Buyer until the Company has received full payment or by way of cleared funds in full of the price of the Goods.
12.1 No part of this Contract affects the Buyers statutory rights.
12.2 The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reasons of delay performing, or any failure to perform, any of the Company’s obligation in relation to the Goods, if the delay or failure was due to Act of God, the Buyers act or any cause beyond the reasonable control of the Company.
12.3 The Company accepts no liability for consequential loss or damage to property, which is attributed to the failure of the goods supplied whether due to accident, abuse, and incorrect technical assessment by the Company; In any event the Company’s maximum liability in all cases shall be limited to the invoice value of the Goods supplied.
13.1 If any provision of these Conditions is held by any competent authority to be invalid or un-enforceable 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.
13.2 This Contract shall be governed by the laws of England and both the Company and the Buyer agree to submit to the non-exclusive jurisdiction of the English courts.
13.3 We may revise these terms and conditions at any time by amending this page without any notice. Please check our page while you placing order to take notice of any changes we made, as they are binding on both you and us.