1.0 Contracting the supplier to supply the goods or carry out installation work or acceptance of a quote provided by the supplier constitutes acceptance by the customer of these terms and conditions.
2.0 All quotes or estimates are valid for 30 days, after which we reserve the right to amend if necessary to allow for price variances.
2.1 That the work quoted for will proceed smoothly and there are no unforeseen difficulties with the work or time delays caused by the customer or for reasons outside the suppliers control.
2.2 If additional work is required that could not be foreseen by the supplier at the time of providing the quote, then the supplier may at its option either cancel this contract or charge for such additional work at the supplier’s usual rate.
3.0 All goods and services are supplied at the price ruling at delivery date and the supplier reserves the right to pass on to the customer any price increase after the date of any quote.
3.1 All prices as quoted are exclusive of goods and services tax unless otherwise stated.
4.0 The Customer shall pay the price (including any additional charges) to the supplier in the following manner:
4.1 As set out by the supplier in the written quotation/estimate.
4.2 Unless otherwise agreed to in writing a minimum deposit of 50% is required to secure the order.
4.3 Where a credit application has been approved, payment within 14 days of invoice unless otherwise agreed or covered in clause 4.1
4.4 In all other cases payment or balance of payment in full on completion of the work unless otherwise agreed to.
5.0 If full payment is not made by the customer to the supplier in accordance with clause 4.1 to 4.4 then the customer will be in default under this contract and the supplier may exercise all of the rights and remedies set out in this contract and otherwise available within the law; and
5.1 The customer will pay interest on the defaulted monies at a rate of principal bank lending rate plus 5% per month compounding until full settlement.
5.2 The customer will be liable for all costs associated with recovering the debt including but not limited to collection agency fees, legal fees and court costs inclusive of the disputes tribunal.
6.0 All claims against the supplier by the customer must be made in writing within 10 working days of supply of goods or services or receipt of the suppliers invoice.
6.1 The supplier reserves the right at its discretion to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted.
6.2 The supplier will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of goods supplied by the supplier. 6.3 The Client acknowledges that variations of colour, shade and grain are inherent in all kiln fired and natural stone products. While every effort will be taken by STS to match colour, shade or grain of product, STS shall not be liable for any loss, damages or costs howsoever arising resulting from any variation in colour, shading or grain between batches of product or sale samples and the final product supplied.
6.4 The Client acknowledges that it is the Client’s responsibility to check quantities, with an on-site measurement before commencing fixing. Measurements taken off plans or the Client’s figures by STS are approximate only and no responsibility is taken for their accuracy.
6.5 If the Client orders an insufficient number of tiles, then STS will take no responsibility for any variation of colour in further batches supplied to the Client.
6.6 In any event the total liability of the supplier for any loss arising from any defect or non-compliance of the goods and services or any other breach by the supplier of its obligations under this agreement will not in any circumstances exceed the price quoted by the supplier.
7.0 Property in and ownership of the goods remains with the supplier until all money the customer owes to the supplier has been paid in full.
7.1 The supplier reserves the right to register its financial interest in the goods or service on the Personal Property Securities Register.
7.2 If the customer is in default under these terms and conditions, then the supplier will be entitled to repossess the secured goods acting within the CREDIT (REPOSSESSION) ACT 1997. The customer authorises the supplier or its representatives, servants, agents or employees to enter the property where the secured goods are situated for the purpose of repossession. The supplier will not be liable for any costs, expenses, damage or loss of any kind suffered by the customer as a result of repossession.
7.3 Any repossessed goods may be disposed of at the discretion of the supplier and any monies gained shall first be deducted from any money the customer owes the supplier including any interest due and any expense occurred by the supplier in enforcing its rights. Any surplus will pass to the customer.
8.0 Where the supplier is supplying goods and services to the customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to section 43 the provision of that act will not apply to this agreement.
9.0 For the purpose of facilitating the efficient running of the supplier’s business, the customer authorizes the supplier to collect all information it may require from any third parties and authorizes those third parties to release that information to the supplier.
9.1 The customer agrees that this information may be passed to a third party or to any other person to facilitate collection of debts from the customer.
9.2 Such information will be accessible to any of the supplier’s employees and agents who need access to it for the efficient running of the supplier’s business.
9.3 The customer may request access to and correction of this information at any time.
10.0 Risk in goods supplied will pass to the customer when the goods are delivered to the delivery point however title in the goods will not pass to the purchaser until the goods have been paid for in full.