Silverland Stone Ltd

Holloway Hill

Chertsey

Surrey

KT16 0AE

01932 569277 tel

01932 571945 fax

 

General Conditions

 

 

 

1. – All quotations given are on a day – to – day basis and are subject to withdrawal without notice and also

                to the goods or materials required being available when needed.

2. – Statements in any quotation or contract made by us as to the time or date for delivery of goods or materials or for completion of any work are to be treated as an approximate estimate based on current trading conditions. We can accept no responsibility if we are delayed or prevented from delivering goods or materials or executing work from any causes beyond our control, including act of God, Force majeure, War or Hostilities, Legislation, Government order or direction, any strike, lock-out, labour disturbance, civil commotion, fire, accident, breakdown of machinery, or any lack or shortage of labour or material, or any reduction or stoppage of output at the works of makers of any goods or materials required and in any such case we are to be released from any obligation to complete our contract with the customer by a particular time but without prejudice to our right to recover payment for goods or materials already delivered or work already done.

3. – Samples submitted for approval must be accepted as showing substance and general character only. Equality of the bulk as to colour, size, thickness or shape cannot be guaranteed.

4. – We do not undertake to deliver or collect any load over roads or other ground which we consider to be unsuitable. If a vehicle used for performing our contract with any customer delivers or collects a load to or from a place situated off a public road, the customer is to be solely responsible for any accident or damage resulting in consequence.

5. – When one of our lorries or agents calls on a customer to deliver or collect our materials or goods the customer is to ensure that the lorry is loaded or unloaded with all reasonable dispatch. If the lorry is detained for an unreasonable period, we reserve the right to make an extra charge.

6. – If our customer wishes to claim that there is any shortage on delivery in respect of goods or materials supplied by us (or that same have been damaged in transit or that any goods or materials supplied by us are defective or not in accordance with the contract), he shall give notice to us and (in the case of any shortage or damage in transit) to any railway or other carrier by whom the goods were delivered within three days after the day of delivery of the same. If the customer fails to give such notice the goods or materials shall be deemed to have been delivered and to be in accordance with the contract in all respects. If the customer or consignee breaks bulk on delivery or unloads the whole or any part of a consignment of goods or materials the customer or consignee is to be deemed to have accepted delivery.

7. – Although we make every effort to supply the best goods or materials available of the type specified in our quotation or contract, if any goods or materials supplied by us develop defects of any kind our liability shall be limited to replacement at manufacturer’s works of the goods or materials shown to be defective. We are not under any circumstances to be liable for any loss or damage directly or indirectly caused or arising by reason of late delivery of or any fault, failure or defect in any goods or materials supplied by us or by reason on any such goods or materials supplied by us or by reason of any such goods or materials not being of the type or quality ordered or by reason of any other matter whatsoever.

8. – Unless otherwise expressly agreed to by us in writing our prices for goods or services are based on the cost to us of goods or materials, labour and transport (including the cost of conforming to obligations imposed by statute or government order) ruling at the date when such prices were quoted or in the absence of a quotation when such prices were agreed. In the event of the cost to us of obtaining or delivering the goods or materials being increased directly or indirectly by reason of any subsequent fluctuation in such cost we reserve the right to make a corresponding increase or reduction in our prices to meet any such fluctuation.

 

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              Unless otherwise expressly agreed in writing our prices only cover delivery and working on normal working days and during normal working hours. All deliveries made or work done at the customer’s request on bank holidays, Sunday, and Saturday afternoons, and outside normal working hours may be subject to our extra charges.

10. – We reserve the right to refuse to execute any order or contract if the arrangements for payment or the customer’s credit are not satisfactory to us. In the case of non-payment of any account when due or in the case of death, incapacity, bankruptcy or insolvency of the customer or when the customer is a limited company in the case of liquidation or the appointment of a receiver, then the purchase price of all goods and/or work invoiced and/or delivered by us to the customer to date shall immediately become due and payable from the customer to us and in addition we are to have the right to cancel every contract made with the customer or to suspend or continue delivery of goods and materials and/or the execution of work at our option without prejudice to our right to recover any loss sustained.

11. – It is to be a term of every contract entered into by us that our customer warrants that he, the customer, has complied every application statute, Order in Council, regulation or Direction, bye-Law, or other lawful requirement or instruction, whether of the Government or of any Local or other Authority, and in particular that the customer has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work, good or materials comprised in our contract. All orders from a customer can be accepted only on this basis.

12. – Unless otherwise expressly agreed, our prices for Sand and Ballast materials only cover the supply of such materials from the normal run of production, in any case where the customer requires some different or special grading an extra charge will be made to cover any additional cost. Extra charges will be also be made when the customer requires deliveries of materials to be made in quantities of less than a fully lorry load or when materials are shot to order in small heaps.

13. – Unless otherwise agreed by us in writing the above terms and conditions shall apply to all orders placed with us. Any stipulations or conditions in a customer’s order form which would conflict with any of these terms and conditions or in any way qualify or negative the same shall be deemed to be inapplicable to any order placed with us unless expressly agreed by us in writing when acknowledging the order in question and the above terms are in place of the conditions or warranties implied by law.

14. – Returns other than for replacements of defective materials are made at the sole discretion of the company, and subject to 15% handling charge.

15. – All credits are made in the same manner as the original purchase, i.e. account, cheque, credit card credit voucher.

THESE GOODS REMAIN THE PROPERTY OF THE COMPANY UNTILL PAYMENT IS RECEIVED IN FULL. DELIVERY TO KERBSIDE ONLY, NO LIABILITY ACCEPTED FOR VEHICLES ORDERED OFF THE HIGHWAY.