TERMS AND CONDITIONS
1. Definitions
"Agreement" refers to the mutual understanding by which you agree to purchase and we agree to sell the Goods.
"We" and "us" pertain to The Keystone Company UK Limited (registered in England and Wales under company number: 6429538), with a registered office at 204 Duggins Lane, Coventry, CV4 9GP. VAT No: 273 7928 18. Telephone Number: 02476 422 580, E-Mail: sales@keystoneco.co.uk. "You" designates the customer.
"Business Sales" involve selling to a trade, profession, or professional body.
"Consumer Sales" encompass selling to any individual purchasing for purposes outside of their normal business.
"Delivery Address" denotes the address for Goods delivery.
"Goods" represent the products agreed upon in this Agreement.
"Delivery Date" is the scheduled date for Goods delivery.
"Price of the Goods" is the cost exclusive of VAT and delivery for Business Sales, and exclusive of VAT and delivery for Consumer Sales.
"Total Price" includes the Goods price and any delivery cost inclusive of VAT.
2. Order and Sale
2.1 You commit to purchasing, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
2.2 Non-standard products, specifically ordered or fabricated, require full payment before processing. Cancellation is not possible once the order/fabrication process has begun.
3. Applicable Terms, Conditions, and Representations
3.1 These terms govern the Agreement explicitly.
3.2 Variations require written agreement and signatures from both parties.
3.3 You must verify order details and provide relevant information for Goods usage and Delivery.
3.4 Accurate measurements are crucial; It is the Customer’s duty to allow a tolerance of 5-10% for cutting and waste in any order the Customer places. Shortages due to insufficient ordering are not our responsibility.
3.5 Estimates are based on provided measurements; accurate figures are your responsibility. We aren't liable for shortfalls or surpluses.
3.6 Representations not incorporated in this Agreement, in writing and signed by both parties, are invalid.
3.7 No warranty on Goods suitability without site inspection; reliance on unincorporated representations is void.
3.8 Beyond our control events won't hold us liable; we'll inform you promptly of any issues.
3.9 For Business Sales, only these terms apply; other terms on your purchase documents don't affect this Agreement.
4. Description and Samples
4.1 Descriptions, images, and samples provide an approximate representation of Goods.
4.2 Natural variations occur; viewing Goods before Agreement is advisable.
4.3 Goods are porous; some may scratch easily or have natural pitting/chipping; sealing is recommended.
5. Price
Business Sales: 5.1 Price is exclusive of VAT and delivery; additional charges apply.
Consumer Sales: 5.2 Price excludes delivery; additional charges apply.
All Sales: 5.3 We may adjust Price for increased costs; you can cancel the order if dissatisfied.
6. Payment
6.1 Full payment is due upon order placement; delivery only after cleared funds.
6.2 Credit Account customers failing to pay face interest on the Total Price from the due date, 2% above Lloyds TSB Plc base rate.
6.3 Where the Customer fails to pay the invoice by the due date, all deliveries will be suspended on this and all other Contracts with the company, until the invoice and any additional costs incurred under clause 5.3 have been paid. The Company reserves the right, after such a failure, to cancel the Customer’s credit facility, at any time during the Contract. The Contract will henceforth operate on a cash account basis, whereby payment will be required based on proforma invoices prior to manufacture and/or despatch of goods, at the Company’s discretion. The Customer’s credit facility can be reinstated at any time at the Company’s discretion.
7. Delivery & Collection
7.1 The Company shall deliver the Goods to the address given by the Customer in their acceptance of the estimate/quote.
7.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in delivery of the Goods however caused. Time shall not be of the essence for delivery. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Customer.
7.3 Deliveries are, unless stated otherwise, based on full consignments, with vehicles provided with unrestricted access and a suitable hardstanding, should these conditions not be met, through no fault of the Company, additional charges may apply.
7.4 The Company reserves the right to make deliveries by instalments.
7.5 Any offloading period in excess of 2 hours, will at the Company’s discretion, be subject to an additional charge.
7.6 The Goods shall be unloaded by the Customer and at their expense unless otherwise agreed with the Company in writing. Risk in the Goods shall pass upon commencement of unloading, except where the Contract is F.O.B. where risk passes once loading commences.
7.7 Where the Goods are to be delivered in instalments, each delivery shall constitute a severable part of the Contract and failure by the Company to deliver any one or more of the instalments in accordance with these conditions shall not entitle the Customer to repudiate the Contract as a whole.
7.8 If the Company fails to deliver the Goods (or any instalment) for any reason other than a cause given by Clause 7 or the Customer is at fault, the Company’s liability shall be limited to the excess (if any) of the cost (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
7.9 If the customer fails to take delivery of the Goods or fails to give adequate delivery instructions (otherwise than by a cause given by clause 7 or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to us, the Company may:-
Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) or storage; or
b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
8. Risk and Property
8.1 Risk passes on completion of delivery or at collection point.
8.2 Ownership remains until full payment is received.
9. Unpacking, Stacking, and Storing
9.1 Careful unpacking is essential; stacking vertically is advised.
9.2 Stone tiles may require drying before installation.
10. Examination and Acceptance
10.1 Report obvious damage on delivery note; notify us within 48 hours with evidence for cost-bearing replacement.
10.2 Business Sales: Inspection on delivery; notify within 48 hours for correction, replacement, or refund.
10.3 Consumer Sales: Notify of incorrect Goods or damages within 7 days for refund or replacement.
10.4 Notify of incorrect quantity within 7 days; we'll arrange delivery of the correct amount.
11. Limitation of Liability
Business Sales:
11.1 Notify of issues within 48 hours; our obligation is to rectify shortages or defects. 11.2 Not liable for indirect losses; total liability is limited to the Price.
11.3 Restocking and collection charges may apply for non-defective returns.
Consumer Sales:
11.4 Liable for foreseeable losses due to defective Goods.
11.5 Not liable for incorrect installation or unsuitable environments.
11.6 Statutory rights not affected; no limitation of liability for death, personal injury, fraud, or fraudulent misrepresentation.
12. Right of Cancellation for Consumers
12.1 Applicable to non-business consumers within 7 working days.
12.2 Notify in writing; cancellation not possible after installation.
12.3 Return costs borne by you; duty of care during the cancellation period.
13. Fixing Products and Installation
13.1 Advice is a general guide; your responsibility to ensure correct products and professional installation.
13.2 No installation service provided; your responsibility to employ a professional fitter.
13.3 Not responsible for installation damage.
14. Third Parties
No third-party enforcement rights under this Agreement.