Terms & conditions
Interpretation
In these Conditions: ”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.
“Goods”
means the goods (including the goods which we agree to provide to you on these terms or any instalment of the goods or any parts of them) which the Seller is to supply in accordance with these Conditions.
“Seller”
means Dean and Tranter Ltd, registered in England under number 172132 whose registered office is at Rockbourne Road, Sandleheath, Fordingbridge, Hants, SP6 1RA.
“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.
“Agreement”
means the agreement by which you agree to purchase and we agree to sell the Goods.
“Contract”
means the contract for the purchase and sale of the goods.
“Writing”
includes telex, cable, facsimile transmission and comparable means of communication.
Any reference in these Conditions to any provision of a statute shall be construed as a reference to that 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 for Sale
The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions and/or Agreement, which 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. No variation to these conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller. 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. Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application of use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed. Any typographical, clerical or other errors or omission on our website, 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 which is not already based on a quotation given by the Seller to the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
It is the Buyers responsibility to check that all the details regarding your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery. It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections and breakage. If you do not order enough, subsequent Goods (due to them being a naturally occurring product) may not be exactly the same as the original goods.
We can provide estimates of quantities of Goods but this will be based on general guidelines and you should not rely on this estimate. It is your responsibility to ensure that you have ordered the correct quantity of Goods and we will not be responsible for any shortfalls or surpluses.
The quantity, quality and description of an any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller). No order which has been accepted by the Seller may be cancelled by the Buyer except with agreement in Writing of the Seller and on 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. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate presentation of the Goods only.
You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, sizes and between batches, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
Products that are not standard and that have been specifically ordered for you cannot be cancelled after the order.
Products that are listed and sold as Sale or Special Offer items cannot be cancelled or returned after the goods have been collected or delivered.
As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
Price of Goods
The price of the Goods shall be the Seller’s quoted price. All prices quoted are valid for 10 days or until earlier acceptance by the Buyer. The Seller reserves the right, 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 costs of labour, materials, other costs of manufacture or increase in costs to the Seller by its own supplier), any change in delivery dates, quantities of 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 given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in collection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other persons which results from the Seller’s use of the Buyer’s specification.
Terms of Payment
Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods 14 days prior to or on, or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer or the buyer wrongfully fails to take delivery of the Goods, in which event the Seller shall be entitled to invoice the Buyer to, the price at any time after the Seller 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. If the Buyer fails to make any payment on the due date then, without prejudice to any right or remedy available to the Seller, the Seller shall be entitled to:- Cancel the contract or suspend any further deliveries to the Buyer; Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer): and Charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4 per cent per annum above HSBC Bank PLC rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Delivery
Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection or if some other place of delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
“Delivery Address”
means the address at which we agree to deliver the Goods.
“Delivery Date”
means the date on which we agree to deliver the Goods to the Delivery Address.
We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time of delivery is not of the essence of this Agreement. We use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver which may be the kerbside. The driver will not handle the goods.
You must make us aware in advance of delivery any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the goods.
Goods that have been signed for by the buyer on any hauliers documentation have to be deemed as delivered in good condition and no claim on behalf of the buyer shall be accepted by the seller. If there is any doubt as to the condition of the goods on delivery do not sign the hauliers documentation as this will invalidate any claim that the buyer may wish to make.
The cost of delivery is in addition to the Price, but included in the Total Price. If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the
Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
You may collect the Goods from our premises by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.
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 fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any caused beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller, the Seller may:
– store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance and storage)
or
– sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.