1. All contracts for the sale of goods by Stone Supplies Ltd (Seller), shall incorporate these conditions insofar as such conditions are not varied by any special terms or conditions agreed in writing between the parties and any terms and conditions in the buyer´ s order which are inconsistent with these conditions shall have no effect. Any variation of the contract will become binding only if confirmed in writing by the parties.
2. Dates or periods for delivery stated in the contract are only approximate and not essential terms unless in the circumstances of any particular case the parties agree guaranteed delivery dates and the contract so provides.
3. Should the delivery of any of the goods to the Buyers by the Seller or an independent carrier be prevented, delayed or hindered directly or Indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial disputes, shortage of raw goods or fuel notwithstanding that the Buyer has taken all reasonable steps to procure the same, shortage of labour, breakdown or partial failure of plant or machinery, late receipt of the Buyer´ s specification or other necessary information, acts, orders, regulations of government, delay on the part of any independent sub contractor or supplier, or any cause whatsoever beyond the reasonable control of the Seller concerned with the manufacture or delivery of the goods, then the time for delivery of the goods shall be extended for a reasonable period having regard to the effect of the delaying cause on the delivery of the goods. The Seller shall not bear any costs incurred by the Buyer unless specifically agreed by both parties in writing.
4. The parties may, by agreement in writing, cancel the contract or any deliveries hereunder. If delivery of any goods is likely to be delayed by reason of the cause or events referred to in the last preceding condition and a) the delay is likely to continue so long that the Buyers will need to acquire substitute goods from a source other than the Seller b) the Buyers show to the reasonable satisfaction of the Seller that the conduct of their operation is likely to be seriously affected by the lack of goods or that the Buyers are in peril of being in breach of a contractual obligation to a third party, then the Seller shall, at the request of the Buyers, agree to the cancellation of the delivery of these goods. Any unavoidable costs borne by the Seller due to this may be passed onto the Buyer.
5. The Seller shall not be liable for any defects in the quality or state of the goods which would be apparent on a reasonable examination or for them not being otherwise in accordance with the contract unless the Buyers shall have given the Seller within 7 days after receipt of the goods a written notice specifying the matters complained of and shall thereafter afford the Seller a reasonable opportunity of inspecting the goods before they have been used or processed.
6. Delivery shall be made at the address agreed in writing by the parties or (if none) at the Buyers works. Goods shall be accepted when so delivered and if not so accepted the Seller shall charge all subsequent transport and haulage costs incurred to the Buyer. It is a requirement of the Buyer to inform the Seller of any restrictions whatsoever that may hinder/impede the delivery of the goods by the Seller or an independent carrier.
7. Payment for goods shall be made prior to any deliveries where Buyers do not have a credit account with the Seller.
8. Where credit accounts are held, payment of invoices shall be made without any deduction or set off in cash so as to be received by the Seller on a 30 day net basis (from invoice date), unless otherwise agreed in writing. If in the case of any order involving more than one delivery default is made in payment on the due date the Seller shall have the right to suspend all or any further deliveries pending payment or to terminate the contract in it´ s entirety by notice in writing to the Buyer.
9. If the Buyer shall be in default under this contract or if the Seller has reason to believe that the Buyer will be unable or unwilling to discharge it´ s obligations to the Seller as they arise then the Seller may a) cease the supply of goods without any liability for any default thereby caused and b) give notice thereof to the Buyer whereupon the Buyer shall pay forthwith for all goods and services supplied by the Seller under this or any other contract with the Buyer (whether or not payment would otherwise be due) and a proper charge for all goods used or provided.
10. Where the Seller has stated that the purchase price includes delivery of the sleepers, the Buyer must note that the delivery charge included in the purchase price is still a payable cost by the Buyer, as it is an inclusive purchase price.
11. It is the Buyer´ s responsibility to arrange their own offloading facilities unless alternative arrangements have been made between the Buyer and the Seller. The Seller shall not responsible for any damage caused to the goods by the Buyer (whether this be the Buyer or unloading contractor instructed by the Buyer).
12. Where they Seller´ s website and correspondence specifies dimensions of products, it must be noted by the Buyer that these dimensions are subject to tolerances. The images on the Seller´ s website are for guidance purposes only and the actual supply of goods by the Seller to the Buyer may differ.
13. The Buyer may cancel the order with the Seller within a period of 7 days from receipt of the goods or prior to the arrangement of delivery. If the Buyer exercises this write with the Seller then the Buyer is responsible for any cancellation charges/costs borne/inherited by the Seller prior to or following any arrangements to delivery or delivered goods to the Buyer. The Buyer is also responsible for any costs to load and recover any goods from the Buyer´ s delivery address that has been cancelled for any reason unless the Buyer exercises their write to deliver the goods to the Sellers premises.
14. Any damage to the goods by the Buyer under section 13 of these conditions will be borne by the Buyer.