St Neots Fireplace & Stove Centre Ltd – Terms of Trading and Conditions of Sale of Goods.
“the company” St. Neots Fireplace & Stove Centre Ltd
“the order” the order or request to purchase
“the customer” the purchaser named on the order and includes its servants and agents
“the goods” the goods listed in any order (including any instalment of the goods or any part or parts)
“the contract” the contract for the sale of the goods or which these terms and conditions form part
The acceptance of orders includes acceptance of the terms and conditions set out below which may not be altered other than in writing by a partner of the company.
Unless the contrary is expressly agreed in writing by the company, the terms and conditions set out herein shall apply to all contracts for the supply of goods by the company and shall apply in place of and prevail over any terms or conditions contained or referred to in order or in correspondence or elsewhere or implied by trade, custom practice or course of dealings.
a) A quotation by the company does not constitute an offer and the company reserves the right to withdraw or revise the same at any time prior to the company’s acceptance of the order.
b) No valid contract shall exist unless the company has communicated its acceptance.
c) The quality, quantity and description of any specification for the goods shall be those set out in the order. The customer shall be responsible to the company for the accuracy of the terms of the order (including any applicable specification) and for giving the company any necessary information relating to the goods within a sufficient time to enable the company to perform the contract in accordance with its terms.
d) The company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements or, where the goods are supplied to the company’s specification, which do not materially affect their quality or performance.
No order which has been accepted by the company can be cancelled by the customer except with the agreement in writing of the company and on the terms that the customer shall indemnify the company in full against all loss (including without
limitation loss or profit) costs (including without limitation, the cost of all labour, materials used), damages charges and expenses incurred by the company as a result of cancellation. Late delivery, howsoever will not be considered grounds for cancellation or compensation.
5. DELIVERY AND RISK LOSS OR DAMAGE
a) Risk in the goods shall pass to the customer on delivery, Delivery shall be deemed to take when the company has transported the goods to the customer or the agent (or, if it has been expressly agreed between the company and the customer that the customer shall collect the goods when the company has notified the customer that the goods are ready for collection).
b) The company shall make every reasonable effort to meet the dates requested by the customer, but any date or time of delivery quoted by the company shall be an estimate only time shall not be of the essence of the contract. The company shall not be liable for any loss sustained by the customer through delay in delivery for whatever reason.
The goods may be delivered to the customer in advance of the delivery date upon giving reasonable notice to the customer
c) If the customer fails to take delivery or pick up the goods or fails to give the company adequate delivery and pick up instructions at the time stated for delivery then without prejudice to any other right or remedy available to the company the company may:
i) store the goods until actual delivery or pick up takes place and charge the customer for the reasonable costs (including insurance) for storage; or
ii) sell goods at the best price readily obtainable and (after deducting all reasonable storage, insurance and selling expenses) charge the customer for any shortfall below the price under the contract.
d) The company reserves the right to make partial deliveries and to submit an invoice for each such partial delivery.
e) Goods are examined by us before leaving our premises and after their departure are the customers risk and the company can accept no responsibility for damage caused by careless handling, storage or through incorrect fixing.
a) Prices quoted apply only to orders for not less than the quantity of the goods referred to in the quotation. If the company incurs additional expenditure as a result of any suspension or delay resulting from the customers instruction or otherwise as a consequence of the customers fault or from any factor beyond the control of the company the price shall be adjusted accordingly.
b) The company whenever possible will endeavour to give notice if the price increases, it reserves the right to vary prices in the event of unforeseen rises in materials without prior notification.
c) Unless otherwise stated all prices are inclusive of any applicable value added or sales tax, which the customer shall be liable to pay the company.
7. TERMS OF PAYMENT
A deposit to place an order will be required, payment can be made by cash card or BACS.the balance of all goods are payable on the day of delivery or fitting to the company.
Goods sold by the company shall remain absolute property of the company until payment is received of all amounts invoice by the company, to the customer in the circumstances defined in this condition. The company shall remain the sole and absolute owner of the goods until such time as the price of the goods and any sums owed by the customer to the company shall have been paid in full by the customer to the company. If payment of the price of the goods or any other sum owed by the customer to the company is overdue in whole or in part, the company may (without prejudice to any of its rights) recover the goods or any of them and the customer shall be deemed to have granted the company an irrevocable licence to enter upon the customers premises for that purpose.
Most marbles are inherently unsound varying for slight shakiness in some varieties to extensive open veining in others. All are sold subject to their natural defects, stopped and filled as necessary and customary. Our wood surrounds are natural products and can vary tremendously in colour, grain and appearance. We will always endeavour to use matching boards to produce your surround whenever possible. Some shade variation is inevitable especially on light finishes. Lighter finishes will be more
susceptible to mellowing but with age these shade variations will fade. We reserve the right to change design dimensions,
specifications, colours and finishes without notice.
Although the company may make recommendations for fixing methods the company cannot accept responsibility for same having no control over site labour conditions, wherever possible when fitting any goods we will endeavour to minimise any mess but due to the nature of work involved there will inevitable be a certain amount of dust present and the company cannot be held responsible for cleaning of upholstery and carpets. If customer is unable to accept fitting on the date by the company with the customer at time of order then they will be offered the next available date. Fitting dates will be confirmed at time of order or by telephone as soon as possible thereafter. A date given when quoted cannot be taken to be the fitting date until order has been placed, agreed and above terms have been met. Should the company for whatever reason need to cancel your agreen fitting date we will endeavour to re arrange a new date which is agreeable to both parties. Howsoever this will not be considered grounds for cancellation or compensation.