In these Conditions, unless the context requires otherwise:
1.1 “Buyer” means the person who buyers or agrees to buy the goods from the Seller.
1.2 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 “Delivery Date” means the date specified by the Seller when the goods are to be delivered.
1.4 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.5 “Price” means the price for the goods excluding carriage, packing, insurance and VAT.
1.6 “Seller” means Beswick Homes Ltd trading as Flagstones Direct.
2. Conditions applicable
2.1 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.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these conditions.
2.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
2.4 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.
3. Price and payment
3.1 The price shall be the Seller’s quoted price. The price is exclusive of VAT and shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 A 50% deposit is required when ordering and before the packing of individual orders will take place. All orders must be fully prepaid as cleared funds (five working days) before being dispatched or collected from the warehouse. Deposits and balance payment can be made either by cheque made payable to the Seller or by direct electronic transfer to the Seller’s bank account. If the Seller makes delivery, the balance can be paid by banker’s draft or building society cheque given to the driver upon delivery. Payment by credit cards is acceptable.
4. The goods
4.1 The goods shall be supplied in accordance with the description contained in the Seller’s specification. Any contractual description of the goods by the Seller relates to the identity of the goods but only if it relates to a central characteristic of the goods and it is accepted that any sample provided is only a representation as the goods will vary in colour and texture due to their geological composition.
4.2 Due to the natural substance of the goods, slight imperfections in the goods are a natural characteristic that is thought to enhance the overall appearance of the goods. Therefore, the goods may also vary in colour, size, and thickness. 4.3 Samples are for guide purposes only and should not be taken as an exact representation of a subsequent order and all dimensions are approximate only.
5. Warranties and liability
The Seller warrants that the goods supplied will, at the time of delivery, correspond to the description given by the seller, subject to reasonable variation in the natural material in the goods.
6. Delivery of the goods
6.3 Delivery of the goods shall be made at an additional expense to the Buyer 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.
6.4 Palletised consignments of goods are left at the nearest convenient access to the delivery address unless alternative arrangements have been made. Delivery of goods does not include carrying products into premises or carrying goods up or down any stairs unless prior arrangements have been made.
6.5 The Seller shall not be liable for any loss or damage whatever due to the failure by the Seller to deliver the goods (or any of them) promptly or at all.
6.6 Notwithstanding that the Seller may have delayed or failed to deliver the goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the goods in the time provided that delivery shall be tendered at any time within 3 months of the delivery date.
6.7 The seller reserves the right to charge a discretionary restocking fee for any cancelled orders if the order has been picked and packed for dispatch.
7. Acceptance of the goods
7.1 The Buyer shall be deemed to have accepted the goods 48 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the contract.
7.3 In line with industry standards, please allow 5% for breakages. All goods should be inspected upon arrival and any further damage must be recorded on the paperwork signed at the time of delivery or collection from the warehouse of the goods. Shortages or incorrect deliveries must be notified to the Seller immediately. No responsibility can be taken for damage not acknowledged on the paperwork.
The Seller is unable to accept responsibility for problems arising from incorrect fixing of the products, shortages or products which are surplus to requirement.
9. Title and risk
9.1 Title shall pass on delivery or collection of the goods.
9.2 Risk shall pass on delivery or collection of the goods.
10. Remedies of the buyer
10.1 Where 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.
10.2 The Seller is not liable for any damage to the goods arising from faulty installation. For this reason, the Buyer must inspect the goods carefully before installation takes place. Once the Buyer has begun to install the goods the Seller is entitled to assume that the relevant goods are not defective and the Buyer may not then return them to the Seller. The Buyer must inspect the goods on delivery or collection to confirm that they are the correct type, of satisfactory quality, undamaged and the correct amount. If they are not, the Buyer must notify the Seller within 48 hours of delivery or collection for remediation, replacement or refund of all or part of the Price (at the Seller’s option), which will be the Buyer’s sole remedy. If the goods are damaged or of unsatisfactory quality, the Seller reserves the right to request photographs, in support of the Buyer’s statement. If the Buyer does not reject the goods within 48 hours of delivery/collection, or if the Buyer has installed them, the Buyer will be deemed to have accepted them and the Seller will have no liability to the Buyer. The foregoing sets out the Buyer’s only rights and remedies in relation to the goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the goods are hereby excluded to the fullest extent permitted by law.
10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the goods.
10.4 The Seller shall not be responsible for any delay or failure in the Seller’s performance if this is due to causes beyond the Seller’s reasonable control (including without limitation any adverse weather conditions) or to the delay or failure on the part of any third party.
10.5 The Buyer acknowledges and agrees that the Seller’s entire liability under these conditions (except insofar as the Seller’s liability cannot be excluded or limited by law) shall be limited to the total price for delivery of the goods, which the Buyer acknowledges and agrees is reasonable in all the circumstances. If the Buyer requires additional protection, the Buyer acknowledges and agrees that the Buyer shall be responsible for obtaining appropriate insurance cover.
10.6 The Buyer acknowledges and agrees that the Seller shall not be liable for any consequential loss or damage (whether for loss of profits or otherwise).
10.7 The Seller shall have no liability for any representation, statement, claim or assurance made or given in relation to the collection or delivery of the Buyer’s order prior to the Buyer’s acceptance of these conditions.
10.8 If the Buyer is trading with the Seller as a consumer, nothing set out above shall affect your statutory rights
11. Proper law of contract
This Contract is subject to the Law of England and Wales.
12. Force majeure
The Seller shall be under no liability if he shall be unable to carry out any provision of this Contract for any reason beyond his control including (without limiting the forthgoing) Act of God Legislation, war, fire, flood, drought, failure of power supply, lock-out strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure material required for the performance of the contract.
Seller may terminate all or any part of an Order made by written notice to the Buyer. Upon such termination, Seller’s liability will be limited to a refund of monies received minus any charges mutually agreed by Seller and Buyer within thirty (30) days after termination.
The Buyer’s order will be prepared by the Seller’s warehouse team within 48hours of receiving payment based on the goods being in stock. In the event of order cancellation after the Buyer’s order has been prepared, a restocking charge of 25% will be levied and will be deducted from any refund given.