• 1. Basis of Sale
  • 1.1 All contracts between Landford Stone ltd of Giles Lane, Landford, Salisbury, Wilts SP5 2BG and the person who accepts the quotation from Landford Stone for the sales of the goods or whose order of the goods is accepted by Landford Stone (“the Customer”) shall be governed exclusively by these conditions of sale and no variation or addition to these conditions shall be binding unless agreed in writing by the authorised representatives of the Customer and Landford Stone.
• 2. Orders and Specifications
  • 2.1 On receipt of an order from a Customer Landford Stone will issue a formal order acknowledgement, which will confirm the relevant specification details and price. It will be the responsibility of the Customer to ensure that this acknowledgement correctly reflects their requirements and where the Customer has not given Landford Stone a written order a signed copy of the order acknowledgement must be returned or the receipt of the deposit referred to in the order acknowledgement.
  • 2.2 The quality, quantity and specification of the goods shall be those set out in the order form, subject always to the following.
    • 2.2.1 All natural materials supplied are subject to their natural markings, veinings, variations in colour, cracks and vents. These are supplied cramped, stopped or reinforced where necessary and no claim on this account can be made.
    • 2.2.2 When samples have been submitted exact resemblance’s of the product supplied to the sample can not be guaranteed.
    • 2.2.3 Any descriptions of material offered are for guidance only and do not imply suitability for any particular purpose.
    • 2.2.4 All thickness quoted are nominal and no liability is accepted for reasonable variations of whatsoever nature
• 3. Price of Goods
  • 3.1 The price of goods is the price stated in Landford Stone’s order acknowledgement. Unless otherwise stated all prices are given exclusive of VAT which will be chargeable at the rate applicable at the time of delivery.
• 4. Terms of Payment
  • 4.1 Customers without an account with Landford Stone will be required to make payment as follows.
    • 4.1.1 50% Deposit with an order and the balance on delivery of the goods or earlier if delivery is delayed by the Customer.
  • 4.2 Customers with an account with Landford Stone will be required to make payment within thirty days of the date of invoice which will be submitted to the Customer on or after delivery of the goods or on such earlier date if delivery is delayed by the Customer.
  • 4.3 Landford Stone reserves the right to charge interest at the rate of 1.5% per month on unpaid balances (whether before or after any judgement)
• 5. Delivery
  • 5.1Delivery of goods shall be made by Landford Stone as follows:
    • 5.1.1 For goods being installed by Landford Stone, on the date of completion of such installation
    • 5.1.2 For other goods, upon physical delivery by Landford Stone or collection by the Customer or authorised agent from Landford Stone
  • 5.2 Any dates quoted for delivery of the goods are approximate only and Landford Stone shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence of the contract unless expressly agreed by Landford Stone in writing. Landford Stone shall not be liable for failure to deliver the goods if the failure is due to reasons beyond Landford Stone’s reasonable control.
• 6. Risk and Property
  • 6.1 Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer wrongly fails to take delivery of the goods, the time when Landford Stone has tendered delivery of the goods. Notwithstanding any other provision of these conditions, the property in the goods shall not pass to the Customer until Landford Stone has received full payment for the goods. Until such time as the property in the goods passes to the Customer (and provided the goods are still in existence and have not been re-sold) Landford Stone shall be entitled at ant time to require the Customer to be deliver up the goods to Landford Stone, and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods. If the Customer shall have re-sold the goods, the proceeds of such sale shall be held by the Customer as trustee for and to the account of Landford Stone.
• 7. Warranties and Liability
  • 7.1 Subject to condition 2.2 above and the conditions set out below Landford Stone warrant that the goods will correspond with their description at the time of delivery
  • 7.2 Landford Stone shall be under no liability in respect of any defect in the goods arising from any drawing, design, specification or template supplied by or on behalf of the Customer.
    • 7.2.1 Landford Stone shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Landford Stone’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without Landford Stone’s approval.
  • 7.3 Subject as expressly provided, in the conditions, and except where the goods are sold to a person dealing as a Customer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
  • 7.4 Where the goods are sold under a Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.
  • 7.5 Any claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with their description shall (whether or not delivery is refused by the Customer) be notified to Landford Stone within three days from the date of delivery. If delivery is not refused, and the Customer does not notify Landford Stone accordingly, the Customer shall be entitled to reject the goods and Landford Stone shall have no liability for such defect or failure, and the Customer shall not be bound to pay the price as if the goods had been delivered in accordance with the contract.
  • 7.6 Where the Customer deals as a consumer, the provisions of section 35 of the Sales and Goods Act 1979 (as amended) shall replace the provisions referred to in clause 7.5 above.
  • 7.7 Where any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods or their failure to match their description is notified to Landford Stone in accordance with these conditions, Landford Stone shall be entitled to replace the goods (or the part in question) free or charge or, at the discretion of Landford Stone, refund to the Customer the price of the goods (or a proportionate part of the price) but Landford Stone shall have no further liability to the Customer.
  • 7.8 Except in respect of death or personal injury caused by Landford Stones negligence, Landford Stones shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty condition or any other term, or any duty at common law, or under the express terms of contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) cost, expenses or other claims for compensation whatsoever (whether caused by the negligence of Landford Stone, it’s employees or agents otherwise) which arise out of or in connection with the supply of the goods, their installation by Landford Stone or their use, and the entire liability of Landford Stone under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
  • 7.9 Landford Stone shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of Landford Stone’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the reasonable control of Landford Stone, including but not limited to strikes, lockouts, trade disputes, import or export regulations or embargoes and difficulties in obtaining raw materials.
• 8. Variations
  • 8.1 Landford Stone reserves the right to change these terms and conditions from time to time and when they affect current Customer orders Landford Stone will advise the Customer accordingly in sufficient time to allow the Customer to amend or terminate the contract by written notice.
• 9. Insolvency
  • 9.1 Either party may immediately terminate the contract by written notice if the other becomes insolvent or is deemed to be insolvent within the meaning of section 123 of the insolvency act 1986
• 10. General
  • 10.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principle place of business or where a person is dealing as a consumer at such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
  • 10.2 No waiver by Landford Stone or any breach of the contract by the Customer shall be considered as a waiver of any subsequently breach of the same or any other provision.
  • 10.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
  • 10.4 The contract shall be governed by the laws of England and the Customer agrees to submit to the non exclusive jurisdiction of the English courts.

Copyright © 2009 Landford stone