Terms & Conditions
Definitions and Interpretation
1. Where these terms of business refer to "Us", "We", “The Company" or "Seller”, We mean GON Granite and Marble Limited whose registered office is situate at Bachymbyd Garage, Ruthin Road, Denbighshire LL16 4PF who shall provide the work and/or materials in the course of his trade or business.
2. Where these terms refer to "You", "the Purchaser" or "the Buyer", We mean the person, partnership or body corporate who is/are named in this contract and unless otherwise specifically stated, where these phrases appear, we mean both a consumer buyer and trade buyer.
3. “Work”, "Installation" or "Materials" shall mean the work and/or materials required to be undertaken/supplied to fulfil this contract, and any descriptions given shall be core terms and shall exclude any additional works which shall be chargeable in addition to the price given. Anything agreed between the purchaser and the company's representative shall be recorded or shall require written approval by the company where amendments are made after/at the time of contract. As with all goods of this nature, the company reserves the right to make amendments to products so as to allow for product development and samples in brochures or on display are intended as a guide only and do not form part of this contract unless expressly stated in writing.
1. Nothing within this agreement shall operate to restrict the statutory rights of a consumer in any way. Where the purchaser buys in the course of a business, either materials or labour or labour and materials, the seller accepts no liability in respect of quality, description, fitness for purpose nor care and skill and the trade buyer accepts full responsibility for any such failures. Further, the trade buyer accepts that he is best placed to insure against any failures which may arise.
2. We provide an instruction, maintenance and care guide for your benefit and the terms of the guide should be read in conjunction with and form part of these terms.
3. Purchasers should ensure that the specification provided by the company is in accordance with their wishes as alterations may not be possible subsequent to the signing of this agreement or may incur additional expense for you. Particularly, unless specified in writing, purchasers shall receive 20/20 granite and not 30/20.
4. Measurements taken by the company are based upon conditions as they are at the time of measurement. No liability can be accepted in the event that changes are made to the installation site, which causes measurements taken to become inaccurate. Further, no liability is accepted for measurements supplied by the purchaser directly (whether trade or otherwise).
B: Payment Terms/Guarantee Terms
5. Where no scheduled payments are agreed, final payment (being the balance due) shall be immediately payable upon completion of works. If payment is not made upon completion, the company shall charge 2% above the base rate of Barclays Bank PLC base rate per calendar month for each full or part month of default. In respect of a trade buyer, default interest shall be charged at the maximum rate permissible under the Late Payment of Commercial Debts (Interest) Act 1998 or in accordance with any credit terms agreed with the company.
6. No guarantees are supplied by the company although some manufacturers/importers provide a guarantee. All guarantee rights shall be limited to the extent of the manufacturer/supplier guarantees where provided. Guarantee terms generally allow for the manufacturer to instruct third party repairers or sub-contractors to undertake repair works and exclude liability for damage caused to the installation by the customer. Please read any such guarantees carefully.
C: Site Preparation/Defects and Liability
7. All arrangements for clearing the site or making available adequate space to undertake the required work shall be the sole responsibility of the purchaser (unless otherwise agreed) and if such arrangements are not made, the company shall be at liberty to charge for such arrangements. Unless space is made available for storage of materials, they shall be stored upon the delivery site floor. Any damage caused to flooring or to ornaments and doorframes etc. shall not be accepted by the company. The area immediately surrounding the works shall be made good by the company but shall exclude, removal of minor splashes from walls and other surfaces or floors and defects inherent within the building structure of the land/property for which the purchaser shall be responsible as this would amount to property maintenance.
8. In the event of any dispute arising during the course of, or subsequent to, completion of all works, the purchaser shall not be entitled to withhold payment in excess of any amount representing a reasonable valuation of the work required to rectify or replace the work which is specifically subject to the said dispute. In addition, the purchaser agrees (and accepts as reasonable mitigation) to make contact the company in the first instance and allow opportunity for the company to effect repairs, where a defect is alleged, without incurring expense by having work undertaken by a third party.
9. The company limits liability to the fullest extent permitted by law in relation to minor imperfections in granite and marble and granite effect and marble effect products, which, by their nature, are imperfect. This clause shall in no way operate to take away the rights of a consumer purchaser to complain regarding serious defects, which the reasonable person may take to be serious.
10. Purchasers are reminded that granite and marble are natural products and may vary in colour, even within the same batch and that minor flaws and chips may be present, requiring filler, which is entirely normal. Colour matching is not always achieved and samples on display are indicative only, as are brochures and sample boards. Grain (as with wood) may not match with other sections and may be varied, although production methods ensure that these are reduced as much as possible.
11. The company shall not be liable for upgrading or re-siting existing services (such as plumbing or gas pipes, electric's etc.). It is the responsibility of the purchaser to ensure that these matters have been catered for prior to commencement of works and by the commencement date at the latest, unless otherwise agreed in writing with the company.
12. Joints may be needed in an installation where granite and marble sections do not complete the run required. Resin is used at such joints to ensure adhesion and this may be visible. In addition, small hairline cracks may be caused during machining which are fillered. This is normal and not a defect.
13. No liability is accepted by the company in respect of kitchen base units/carcasses, which fail to support the granite or marble sections fitted. Purchasers should ensure that all base units are capable of supporting granite or marble prior to contract.
14. This contract is made on the assumption by both parties that normal conditions prevail and that any unusual conditions which materialise shall be in addition to this contract.
15. The company shall not be liable for delays caused by reasons beyond the control of the company, such as adverse weather, illness, shortages, strikes and civil disputes.
16. Staining may occur upon granite and marble and care should be taken to avoid felt pens coming into contact with the installation. Similarly, granite may break or chip if heavy objects are dropped thereon.
17. The Company shall not be liable for departures from the specification within the contract where such departures are due directly to unforeseen site conditions.
18. Notwithstanding any other provision of this agreement, nothing in this agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
D: Title and Price Variation
18. The company reserves the right to vary prices where such variation becomes necessary due to fluctuations in VAT, Government levies or other such variations beyond the control of the company. On such variation prior to commencement, the client shall have the option to withdraw from this agreement without penalty or to continue on the basis of an amended price. Where such variation takes place subsequent to commencement, the client shall pay the increase. Estimates are based upon a visual inspection only and the company reserves the right to increase the price in the event that unusual conditions become apparent subsequent to work commencing. The estimated price is subject to a survey but any such survey shall not render this agreement conditional.
E: Time, Cancellation and Jurisdiction
19. Time will not be of the essence unless specifically made so in writing. As such, the purchaser agrees to a reasonable time for notice of essence of 21 days. The company will endeavour to inform the purchaser of the reason for delay.
20. Without prejudicing the statutory rights of the Company or the Buyer, should We be unable to fulfil an order for any reason, We will make every effort to inform the Buyer within 14 days of the order being placed. In such cases We will, as appropriate, provide either an immediate and full refund, or a suitable alternative agreed product. The original order will then be declared formally cancelled.
21. Where the purchaser wishes to cancel the contract subsequent to signature, the said purchasers' deposit shall be forfeited (to a maximum of 30%) and shall be agreed as loss of profit damages and not a penalty, such applying to contracts where materials have not been ordered by the company. Where the goods ordered by the buyer have been placed on order by the company, the full value of the contract shall become payable as loss of profit and other damages, certainly in circumstances where granite or marble has been cut to size.
22. Jurisdiction for this agreement shall be English Law and industry custom and practice.