RR Stone Co Ltd Terms of Business
1: BASIS OF CONTRACT:
1.1 The Customer agrees and accepts that it is a business and acknowledges that these Terms are not directed to consumers.
1.2 By ordering Goods the Customer agrees to be bound by these Terms and accepts that they shall govern all contracts between the Supplier and the Customer, to the exclusion of any other terms and conditions.
1.3 No terms and conditions of the Customer, including any terms and conditions in any Orders, offers or acceptances of the Customer, shall form part of the Contract and are hereby expressly excluded.
1.4 The Supplier agrees to sell and deliver or make available for collection and the Customer agrees to Purchase and accept delivery or collect the Goods on and Subject to these Terms. Where Goods are to be delivered in instalments then each instalment shall constitute a separate contract.
1.5 These Terms shall apply and prevail over any other term of the Contract, unless otherwise agreed by the Supplier. The Supplier shall only be considered to have agreed otherwise where it has expressly agreed in a written document issued for and on behalf of the Supplier by an authorised person.
1.6 These Terms and any document expressly referred to in them constitute the entire agreement between the Supplier and the Customer and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the Supplier and the Customer, whether written or oral, relating to their subject matter.
1.7 The Customer acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or in any document expressly referred to in them.
1.8 The Supplier and Customer agree that neither shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract, save that nothing in these Terms shall limit or exclude any liability for fraud or fraudulent misrepresentation.
2: GOODS:
2.1 Any descriptions or images of the Goods on the Supplier’s Website, or in any of the Supplier’s printed materials, are for illustrative purposes only and no Goods are warranted to be exact replicas of any samples, drawings or advertising supplied.
2.2 All descriptions, drawings and advertising of any Goods are for guidance purposes only and the actual Goods supplied may differ slightly from any descriptions given.
2.3 The majority of the Goods sold by the Supplier are natural, geological products and variations in colour, markings, form, texture and size should be expected. Variations can exist in crystalline composition, veining, fossil deposits and mineral activity and no Goods are claimed by the Supplier to be exact replicas of images or samples. The Supplier recommends that the Customer views as much of the Goods as possible before entering a Contract.
2.4 Any samples of Goods are for giving an approximate representation of the Goods only. All samples have been prepared to a presentation standard and allowed to dry. RR Stone cannot be held responsible for any colour variation and natural markings in natural materials.
2.5 Although the Supplier makes every effort to be as accurate as possible, the Supplier’s Goods are supplied under a variety of industry-accepted size-tolerances and all dimensions and measurements indicated have a tolerance of up to 5mm. To minimise variations in finish and tolerance, the Supplier recommends that Goods are selected from a variety of boxes. Any variation will be deemed to be agreed by the Customer once the Supplier has accepted an Order.
2.6 The Customer should bear in mind that natural stone tiles may be subject to natural chipping and pitting and may be easily scratched. The Customer must handle Goods correctly to prevent damage and store them vertically (on their edge) on a non-abrasive surface.
2.7 Details about how to care for Goods are available by request. The Supplier recommends that the Customer reads these carefully. All advice is given in good faith and is intended for general guidance only.
2.8 Although the Supplier offers a range of fixing and protection, cleaning, and maintenance products, such as adhesives, grouts and sealants, every care should be taken to ensure that these products are suitable for the tiles or stone the Customer intends to use and the environment in which they are to be installed. The Customer should always look at manufacturers’ websites and terms of use, relating to such products, and apply them to a small sample area to ensure suitability before committing to a project. The Supplier will not accept any liability for any damage caused through the misuse of such products.
2.9 When ordering bespoke Goods, it is the Customer’s responsibility to ensure the Goods are appropriate for its intended purpose and are compliant with any regulations, permissions or approvals required for the Customer’s intended purpose. The Supplier will not be liable where the Customer’s use of such Goods is not compliant in such circumstances.
2.10 In agreeing to sell Goods to the Customer, the Supplier makes no guarantee as to the suitability of those Goods to the specific installation the Customer has in mind and gives no warranty that the Goods can be used in any given environment. The Customer should seek professional advice in relation to the fixing, installation, and care of the Goods, and engage an experienced, ‘British Standards 5385, part 1 & 5’ qualified tiler (or other suitable contractor) for the preparation and installation of the Goods.
2.11 Subject always to the LIABILITY section below (which carves out liabilities that cannot lawfully be excluded), the Supplier will not be liable to the Customer for lost working time or the cost of third-party contractors, or any other consequential loss, where the Customer (or its contractor) fails to install the Goods correctly or fails to use the correct base, adhesive, grout or sealants or fail to use the correct installation techniques or the Goods are fixed in an unsuitable environment.
2.12 Given the fragile nature of the Goods, industry practice recommends that the Customer include an additional 10% of Goods to any Order to allow for wastage due to minor damage (such as edge chipping during the packing and unpacking of the stone) minor imperfections and damage that may be caused from cutting during the fitting process. Goods affected in this way can often be utilised for ‘cuts’ during installation and/or for future repairs.
2.13 The Supplier will not replace or refund damaged Goods constituting less than 10% of the total order.
2.14 If the Customer orders too few Goods in any one consignment, any subsequent Goods ordered may be different in finish, shade, pattern and tolerance and the delivery of a few extra tiles may, in some cases, be as much as the original delivery costs.
2.15 The Customer should be aware that the majority of the Supplier’s Goods are imported from abroad, often by way of container shipment and that stock levels may subsequently be affected by reasons beyond its control. Occasionally, this may lead to a delay in the availability and delivery of Goods ordered. In such circumstances the Supplier will notify the Customer, as soon as possible.
2.16 The Supplier will not be responsible for delays beyond its reasonable control including any delays relating to shipping or customs requirements.
2.17 Some of RRS’s products are bespoke which means that they cannot be exchanged or returned. RRS will notify the customer that the item is non-returnable before the order is accepted. RRS will, wherever possible, provide material samples in advance. Custom made orders must have detailed specifications signed and agreed by both the customer and RRS prior to manufacture. Any delay in this is the customer’s responsibility
2.18 In the event of product failure, the Supplier limits its liability to replacement of the defective Goods or, at the Supplier's option, a refund of the price paid for them. This limitation is subject to the LIABILITY section below and does not limit or exclude the Supplier's liability for: (a) death or personal injury caused by the Supplier's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by law.
PAYMENT:
Payment should be made by cash, cheque, debit card, credit card (MasterCard or Visa), or bank transfer. Title and retention of title: All goods remain the sole and absolute property of RR Stone until payment of all sums due to the Supplier (whether under this Contract or any other contract with the Customer) has been received in full in cleared funds. Until title passes, the Customer shall hold the Goods as the Supplier's fiduciary bailee, store them separately and in a manner enabling them to be identified as the Supplier's property, not remove, deface or obscure any identifying mark, and keep them insured against all usual risks for their full price. The Supplier may at any time before title passes require the Customer to deliver up the Goods and, if the Customer fails to do so promptly, enter any premises where the Goods are stored to recover them. If payment is not received prior to or on delivery, RRS reserve the right, unless previously agreed in writing, to charge interest on any payment or part payment not paid by its due date under the Late Payment of Commercial Debts (Interest) Act 1998, at the statutory rate of 8% per annum above the Bank of England base rate from time to time, accruing daily from the due date until payment. The Supplier is also entitled to the fixed sum compensation and to recover its reasonable costs of recovering the debt under that Act. The parties agree that this interest rate is a substantial contractual remedy for late payment.
Risk in the Goods shall pass to the Customer on completion of delivery or, where the Customer collects the Goods, on collection (or, if the Customer wrongfully fails to take delivery, at the time the Supplier tendered delivery). Risk and title are separate: risk passes on delivery or collection even though title does not pass until payment in full has been received as set out above.
RETURNS POLICY:
This returns policy applies to business customers only and does not affect any statutory rights a consumer may have (these Terms being directed to businesses and not to consumers). In the unlikely event that the customer is unhappy with the goods supplied, they can be returned to RRS premises within 7 days of purchase and the purchase price will be refunded, less a 25% restocking fee, on confirmation that the goods are in the same condition as when delivered (with the exception of bespoke products, made to order products, powder products, such as adhesives, grouts, etc.). RRS can arrange collection of the goods for a charge, which should be confirmed prior to requesting collection. Without exception, no returns will be accepted after 7 days of purchase. Shortages, damages and incorrect deliveries must be notified to RRS within 24 Hours of receipt and, wherever possible, will be rectified within a further 7 working days subject to availability. A customer adviser is on call Monday to Friday between the hours of 9.00am and 5.00pm on Tel : 01539 822666. Where payment is made by a credit/debit card, any refund will be to the same card.
NATURAL MATERIAL:
Variations in colour, shade, texture, and veining are inherent in natural materials and each piece of stone may be subject to these natural variations and inclusions. If you wish to have a uniform finish or have no variations in colour, shade, texture or veining then please do not choose these natural materials. RR Stone will not therefore accept claims for said variations occurring in Natural materials / products.
CANCELLATION POLICY:
Once placed, orders cannot be cancelled by the Customer. Where a deposit has been taken by RRS in respect of an order, that deposit is non-refundable in the event of cancellation. This does not affect the Supplier's right to recover any further losses it suffers as a result of the cancellation.
HEALTH AND SAFETY:
RRS‘s intention is to comply at all times with all relevant UK laws including Health and Safety at Work and Environment Protection acts. Customers visiting the premises of RRS must not attempt to lift or move any product. It is strongly advised that all suitable precautions are taken off-site, as the majority of the products are heavy in weight. Note that gloves and goggles as well as other suitable safety clothing must be worn when handling products supplied by RRS. All customers are referred to health and safety guidelines in connection with the goods. Once the goods have been delivered to the customer, the customer is responsible for their safe handling, storage and use. Nothing in these Terms excludes or limits RRS's liability for death or personal injury caused by its negligence, or any other liability which cannot lawfully be excluded or limited.
LAW AND JURISDICTION:
These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim. If any provision in these terms is found to be invalid in court, the validity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.
COPYRIGHT:
All designs and imagery used within the showroom and in publicity leaflets, advertisements and publications is the copyright of RRS and any reproduction must be with express permission by RRS in writing.
DATA PROTECTION:
RRS will process any personal data provided by the Customer (such as contact names, telephone numbers and delivery addresses) in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Such personal data will be processed only for the purposes of fulfilling the Customer's order, arranging and completing delivery, providing customer service and complying with RRS's legal obligations. RRS will not retain personal data for longer than necessary for those purposes and will keep it secure using appropriate technical and organisational measures. RRS will not sell personal data and will share it with third parties (for example, delivery contractors) only to the extent necessary to perform the Contract or as required by law. Further information about how RRS handles personal data, and the rights of individuals in respect of their personal data, is available on request.
LIABILITY:
Nothing in these Terms shall limit or exclude the Supplier's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (d) any other liability which cannot lawfully be limited or excluded. Subject to that, RRS limit any financial liability/obligation to replacement of the defective Goods or, at RRS's option, a refund of the price paid for them. RRS shall not be liable for any labour or other costs involved in installing, removing or replacing Goods, nor for any loss of profit, loss of business, or any indirect or consequential loss, in each case whether arising in contract, tort (including negligence), breach of statutory duty or otherwise. Subject to the non-excludable liabilities above, RRS's total aggregate liability arising under or in connection with each Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total price paid by the Customer for the Goods under that Contract. The Customer is advised to inspect Goods before they are fixed, as once materials have been fixed it will be difficult to establish the cause of any defect.
FORCE MAJEURE:
RRS shall not be in breach of these Terms, nor liable for any delay in performing or failure to perform any of its obligations, if such delay or failure results from any event or circumstance beyond its reasonable control. This includes (without limitation) acts of God, fire, flood or severe weather, epidemic or pandemic, war, terrorism or civil unrest, strikes or other industrial action, failure of supply chains, delays affecting shipping, carriers or customs, import or export restrictions, and interruption or failure of utilities or transport networks. In such circumstances RRS will notify the Customer as soon as reasonably practicable and the time for performance will be extended for the duration of the event. If the event continues for a continuous period of more than 90 days, either party may terminate the affected Contract by written notice, in which case RRS will refund any sums paid for Goods not delivered, subject to any nonrefundable deposit in respect of bespoke or made to order Goods.
DELIVERY:
During third party delivery the customers goods will be covered under RHA goods in transit. https://allelys.co.uk/wpcontent/uploads/2021/03/RHA-Conditions-of-Carriage2020.pdf. If the customer wishes to take out additional insurance against their goods, then it is the customers responsibility to do so. If there are any damages then they must be reported at time of delivery. A clean proof of delivery will not allow you to process any damage claims after this.
We need the customer to confirm that there is access for a 17 tonne delivery vehicle (13m approximate length of vehicle with a tail-lift and a pallet truck for moving the tiles and that the area being delivered to is a level, flat surface. If the customer can only be reached by sharp bends, narrow carriageways etc. we request that you inform us when ordering, as alternative arrangements may be possible to get the goods to you on a smaller vehicle (not available in all areas).
Third party deliveries are an economy CURBSIDE ONLY service and are usually delivered within the standard delivery timescale notified at the time of order. Orders placed on a weekend or Bank Holiday will be processed on the next working day. A Next Day delivery slot is available at extra cost and only available in certain post code areas. Your order will be delivered Monday-Friday between 8.30am-5.30pm.
Unfortunately, we are unable to provide estimated times for the day of delivery and therefore ask that there is somebody available on site to sign for the goods.
We will require a contact telephone number which will only be used if the courier has a problem locating your address or if you require a phone call an hour prior to making the delivery. If the driver is unable to unload the goods at your property or site, then your crate(s) will be returned to the nearest depot where you will have to make other arrangements for delivery at your expense.
All of our deliveries are curb side only. The goods will be delivered to the nearest and safest point to your property so please ensure that there is sufficient manpower on site to move the tiles should this be necessary. It is not the responsibility of the driver to do this for you.
Due to the weight of the crates they cannot be moved on gravel drives, mud etc. - only on hard surfaces.
Although every effort will be made to honour the delivery date arranged with yourselves, we cannot be held responsible for any delays caused due to reasons beyond our control (e.g. broken-down vehicle, punctures, acts of God etc).
Customers are welcome to arrange pick up of their orders direct from the warehouse during normal office hours (Monday to Friday) either themselves or by arranging their own transport. If you do plan to pick up your order, please bear in mind the total weight can require more sturdy transport than a normal van such as a Transit and you will of course need to arrange lifting equipment at the other end once you've collected your order from us.