Terms and Conditions of Sale
All quotations are made and orders accepted subject to the following Conditions of Sale. Graingers & Son (Newport) Ltd trading as Tiles of Newport & London and The Stone & Ceramic Warehouse (The Company) will not accept any other terms and conditions other than those specified below, or any addition or variation to them unless agreed in writing between the parties.
1. Payment terms – Trade customer
1.1 For trade customer when a new account is opened, a bank and two references are required.
1.2 All invoices must be settled in full within 30 days after month end date of the invoice. Any outstanding balance after 30 days will be subject to (at the absolute discretion of the company) interest calculated at 4% per annum above Barclays Bank base rate.
2. Payment terms – Non-Trade Customer
2.1 A non-refundable deposit of 50% of the invoice value will be taken at the time of order
2.2 Unless other payment terms have expressly been agreed between the parties, at the time of collection of the order from the Company’s warehouse (or at the time of delivery to the customer’s address) the customer irrevocably authorises the company to debit the customer’s credit card for the balance of the invoice value.
2.3 The customer shall not be entitled to withhold payment of any amount payable under this contract to the Company because of any claim by the customer in respect of faulty goods or any other alleged breach of contract, nor shall the customer be entitled to set off against any amount payable under this contract to the company any monies which are not then presently payable by the Company or for which the Company disputes liability.
2.4 In the event of non-payment the customer will pay any legal or collection charges which the Company shall incur.
2.5 All goods delivered remain the property of the Company until all outstanding payments have been made.
2.6 The Company shall endeavour to despatch orders by estimated date given at the time of order but in this respect time shall not be of the essence. The Company shall not be responsible to the customer in any way whatsoever for the inability to deliver due to circumstances beyond its control including (but without prejudice to the generality of the foregoing) strikes, lock-outs and unavailability.
2.7 In the event of the customer wrongfully refusing delivery of the ordered goods, such goods will be held by the Company to the customer’s order and the customer will be liable to pay storage and re-delivery charges at the current rate.
2.8 Claims for shortages or goods damaged in transit cannot be entertained unless notified in writing both to the carrier and the Company within 2 days of delivery.
2.9 The written consent of the Company must be obtained before cancellation of any order is accepted and the Company reserves the right to charge for work done.
2.10 In no circumstances may goods be returned without the Company’s written consent. In the event of the Company giving such written consent, the Company bears no responsibility for loss of returned goods in transit. In the event of goods being accepted back into stock a 2% restocking charge and collection charges, if necessary, will be made.
2.11 Subject to condition 8 the Company will take back goods which are faulty but they must be checked before fixing as the Company will not be responsible for any goods fixed. The Company will offer a refund or credit note on faulty goods with no time limit. A credit note issued for other reasons has a 3 month time limit.
2.12 The Company will not be responsible for over and under measured orders based on measurements supplied by customers.
2.13 Deliveries. The price quoted for delivery covers delivery to site or the ground floor entrance of the building. If the goods are required to be delivered into the building other than the ground floor, express notice must be given.
2.14 Where an installer/fixer/templater is recommended by the company such recommendation is made in good faith and without responsibility. No warranty is given as to the ability of the installer nor is such warranty to be implied by reason of such recommendation. In no circumstances shall the Company be liable for any loss, damage or expenses suffered by the customer or any third party by reason of any acts, defaults, omissions or delays of the installer, his servants, agents or subcontracts whether due to his negligence or otherwise. It is declared and understood that the installer/templater/fixer is not the agent of the Company and has not authority to pledge credit or bind the Company in any way whatsoever.
2.15 If any of these conditions or any part of one of these conditions is rendered void by any legislation to which it is subject, it shall be void to that extent and no further and the remaining conditions shall remain in force and effect.
2.16 Any waiver, indulgence or forbearance by either party of any of the conditions of this contract and/or any breach thereof shall apply only in the particular instance in which such waiver indulgence of forbearance occurs and shall not affect or impair the further continuance in force of such conditions, or the right to either party to avail itself of such conditions upon subsequent breach or breaches.
2.17 This contract shall be governed and construed in accordance with the laws of England and the customer agrees to submit to the jurisdiction of the English Courts.
2.18 E & OE allowed.