chilstone 2019(online) - Page 130

Terms and Conditions
Chilstone of Tunbridge Wells: Terms of Business and Conditions of Sale
All orders are accepted on the following conditions unless expressly
varied or amended by us in writing.
1.Any delivery date given shall be approximate only and the time
of delivery shall not be deemed to be of the essence.
2.The only items, goods, or work included in an estimate or
quotation are those specifically referred to and it shall be
assumed before placing an order, the customer has fully
approved and has accepted our estimate or quotation
specifications, descriptions and models, and all measurements
on drawings (where applicable).
3.All prices quoted are for goods and items which are not in
weathered, antique, mossy condition unless otherwise specified
in writing by us. VAT and delivery will be charged to the
customer where applicable.
4.All estimates and quotations are based on current labour
rates and costs of materials and any increases in these shall be
charged to the customer if thought fit by us.
5.Goods are examined by us before leaving our premises and we
accept no responsibility for damage caused by careless handling
or storage on the customer’s premises or sites or through
incorrect fixing.
6.No responsibility is accepted by us for delays in completion of
the contract due to labour disputes or other factors beyond our
14.All goods, articles, drawings, models, moulds and photographs
hired or emanating from us shall be regarded as our property
and copyright and any goods, articles, drawings, models,
moulds and photographs shall be returned to us upon request
and under no circumstances shall they be reproduced, copied,
painted, photographed or in any way altered or defaced without
our consent in writing first having been obtained; we reserve the
right to charge for any goods, articles, drawings, models, moulds
and photographs that are lost, damaged or not returned to us
upon demand.
15.All expenses relating to delivery of goods on approval shall
be charged to the customer and all goods taken on approval
shall be considered sold and the customer invoiced unless such
goods shall be returned to our premises within 14 days from the
date of supplying of the said goods. All goods on approval shall
be the customer’s entire responsibility whilst in his custody or
under his control.
8.In the event of a complaint arising under, out of or in connection
with this contract our liability to the customer shall under no
circumstances exceed the estimate or quotation price of the
particular piece/s in regard to which the complaint is made.
16.We should be notified immediately should any goods not be
received within 14 days of despatch. Should any goods arrive
in a damaged condition we are unable to entertain any claim
for damages unless we are notified in writing within 2 days of
the delivery. If items are supplied to an incorrect specification,
we require notification in writing within 5 days. We cannot be
held responsible for goods signed for but not checked. It is the
client’s, or their representative’s, responsibility to check goods
on delivery.
9.Any variation to an order or cancellation thereof is subject to
our written acceptance on terms indemnifying us against loss
or damages. Goods shall not be returned without our prior
17.In the case of delivery of goods by instalments the Buyer will
not be entitled to treat the delivery of the faulty goods in any
one instalment or the late delivery or non-delivery of any one
instalment as a repudiation of the whole Contract.
10.At the time of placing the order (unless condition 12 shall apply)
the customer shall give us his name and place of abode and/
or business and shall pay us the whole of the total price unless
varied by us in writing.
18.Each and every statement made by us about goods and items
supplied by us is a statement of opinion and is not intended as
a representation of fact.
7.Goods are not tested or sold as fit for any particular purpose
unless accompanied by a warranty issued by us specifically
stating such a purpose.
11.A binding contract which includes these terms and conditions
of sale shall be concluded only upon the despatch by us to
the customer of the goods ordered which may at our absolute
discretion be delivered from stock before payment by the
customer and in such an event payment shall be made by him
within 7 days of the receipt by him of the advice note relating
to such delivery. We reserve the right to charge 5% every
succeeding 28 days on the total amount of account outstanding
from the time the client is informed that the order is ready.
11aProperty in the Goods shall not pass from the Company until the
Buyer shall have paid the price of the Goods and delivery charge
plus VAT in full.
11bThe Buyer can only sell or use the goods as principal and not as
the Company’s agent.
l1cIf the Buyer fails to pay, the Company may enter upon any
premises owned, occupied or controlled by the Buyer where the
goods are situated and repossess them.
12.Payment in respect of export accounts shall be made to us in
advance of despatch by means of a draft cheque, drawn on
a London Clearing Bank. Please note that all Estimates and
Invoices are in Sterling.
13.No responsibility is accepted by us for loss and/or damage to
any article hired, or liability for injuries to third parties, and the
article hired shall be the responsibility of the customer from the
time of collection from our premises until the return of the goods
to our premises. Where there is loss and/or damage beyond
repair to one of a pair or set or articles such a loss and/or
damage shall constitute a total loss of the pair or set as the case
may be.
19.If the Buyer fails to give delivery instructions within 14 days of
it being notified the goods are ready for delivery the Company
shall (without prejudice to any other rights or remedies available
to it) be entitled (but not bound) to store the goods at any
available place at the Buyer’s expense. As a general rule storage
will be charged at £50 per £1000 per month.
20.We reserve the right to alter any ornament or part of a whole
composite design of ornament at any time. We reserve the right
to withdraw any ornament or part from sale.
21.Delivery shall be charged and delivered to the nearest kerbside.
Placement or erection is NOT included unless previously agreed
in writing. If additional labour is required for unloading, this shall
be supplied by the purchaser.
22.In the event of the Buyer refusing to accept delivery of goods
after delivery arrangements have been confirmed in writing
by the Company, the Company shall (without prejudice to any
other rights or remedies available to it) be entitled to charge
the Buyer with all packing, unpacking, loading, unloading, and
transportation costs incurred in such an abortive delivery.

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