Dealing in natural stone
All natural stone goods supplied are subject to their natural marking, veins, variations in colour, cracks and vents. These are supplied cramped, stopped and reinforced where necessary and no claim on this account can be made. When samples have been supplied, the exact resemblance of the product supplied to the sample cannot be guaranteed. Any description of the material offered is for guidance only. All thicknesses quoted are nominal and no liability is accepted for reasonable variations of whatsoever nature. A reasonable variation can be around +/- 10%.
Prices and VAT
Prices charged will be those ruling at the date of order and are for current stocks held by the Company or its suppliers and which remain unsold at the date of your order. All goods are subject to availability. Value Added Tax is not included in quoted prices but will be charged at the rate ruling at the date of supply.
Our terms are the balance of an invoice by cash or cheque on delivery unless a prior credit arrangement has been made.
Retention of title
Ownership of the goods shall remain with Richard Smythe Ltd (‘The Company’) until payment in full in cash or cleared funds has been received by the Company. Such payment will become due immediately upon the commencement of any act or proceeding in which the Buyer’s solvency is involved. If payment is overdue, in whole or in part, the Company may (without prejudice to any of its other rights) recover or resell the goods, and may enter upon the Buyer’s premises (or any place where the Buyer has delivered or consigned them) by its servants or agents for that purpose. Until the Company is paid in full all monies outstanding, the relationship of the Buyer to the Company shall be fiduciary in respect of the goods or other goods in which they are incorporated or used, and if the same are sold by the Buyer the Company shall have the right to trace the proceeds thereof.
Free by our own transport within London and the Home Counties for all orders over a previously agreed amount. We reserve the right to negotiate carriage charges for emergency circumstances, small orders and those outside of the normal delivery area.
Delivery and collection of goods and templates
The Buyer shall be solely responsible for supervising the unloading of the goods if the Company has delivered the goods (or for the loading of goods if the Buyer is collecting) and the Company shall not be liable for any damage that occurs in the course of such loading/unloading. Any date of delivery or collection given is an estimate only and the Company will not be liable for any delay of the goods.
Where the Company is delivering it assumes unhindered access to the point of delivery. If it is found on delivery of the goods that access is poor, there are parking restrictions, more labour or machinery or indeed time is required to complete, the Buyer will be informed of any extra costs before further work is carried out.
Damage or short delivery
The Buyer is responsible for examining all goods on delivery or collection, and no responsibility will be taken by the Company for goods accepted by the Buyer and subsequently refused by the Buyer’s customers, agent or employees. Damage to goods or external packing or shortages must be the subject of an endorsement on the Delivery Note immediately and the Company informed by fax or telephone to discuss the matter.
Goods returned at the Buyer’s request not on the Company’s own vehicle shall be at the Buyer’s risk regarding insurance for a value not less than the full invoice price. Specially ordered or non-stock items are not returnable unless the reason for their return is attributable to the negligence of the Company. The Company’s responsibility for defects in quantity and/or failure to match specification will be limited to replacement and/or correction of supplies and on no account for any consequential loss, howsoever caused. The Company will replace any goods found to be defective with goods of a similar quality, design and size if the Company agrees with the Buyer that the goods are truly defective, the goods are returned within five working days and in any case before they have been fixed, and have been properly stored in the interim.
The Company relies on the information given by the Buyer in respect of the order. The Buyer is wholly responsible for checking that products ordered are entirely appropriate and fit for the intended use and application to which they may be put. The Company reserves the right to refuse templates supplied by others if it deems them to be unfit for the purpose.
These terms prevail
If these terms and conditions are in variance with or inconsistent with any term or condition contained in the Buyer’s order, then these terms and conditions shall prevail and be effective.