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Terms and Conditions of Trading

Definitions

  • Goods - All articles and/or services sold to the Buyer,(being the person(s) or company who's order for goods is accepted by Bingley Stone) including replacements for defective Goods.

  • Contract - The Contract between the Buyer and Bingley Stone for the sale of Goods.

Acknowledgement

All orders will be accepted by Bingley Stone subject to and in accordance with the following terms and conditions of sale which shall be deemed to be incorporated into a Contract for the sale of Bingley Stone's Goods. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. Bingley Stone will not accept any purported variation to the said terms and conditions that may be included in any written document (including any order form) from the Buyer, except by prior written agreement.

Samples

Natural stone products are likely to show variations in structure, veining, colour and thickness. Any samples provided can be considered as an approximate rather than exact representation of the product in question.

Prices

Prices charged are those prevailing at the time of despatch. Prices quoted in any Bingley Stone publication are current at the time of printing. Bingley Stone reserves the right to amend prices at any time without prior notice.

V.A.T.

All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.

Settlement Terms

  1. All payments are due on a payment before despatch basis.

  2. An interest charge will be imposed on invoices still outstanding after 7 days with a minimum charge of £1.00.

  3. Bingley Stone reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Buyer.

  4. If legal action is taken to recover monies due to Bingley Stone, then Bingley Stone reserves the right to charge the Buyer an administration charge.

Bingley Stone reserves the right in its absolute discretion to grant, refuse or discontinue any order at any time.

Change of Address

Bingley Stone must be notified of any change of address in writing, which must be sent by recorded delivery. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.

Orders

Written confirmation of telephone orders are required. Failing such confirmation, Bingley Stone will not be held responsible for any misinterpretation. Bingley Stone reserves the right to refuse any order at any time. No order may be cancelled without the previous written agreement of Bingley Stone.

Export

Separate Conditions of Sale apply to export transactions (available on request from our Export Department). The Buyer is responsible at the Buyer's own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined.

Bingley Stone reserves the right in its absolute discretion not to supply certain Buyers or countries and to enquire of the Buyer full details of the end use and final destination of the Goods.

General Descriptive Matter

  1. All specifications, drawings and particulars of weights, dimensions, capacity or other details contained in this website are intended to give a general idea of Bingley Stone's products but will not form part of the Contract.

  2. Bingley Stone shall take all reasonable steps to ensure the accuracy of technical details relating to the Goods in the catalogue but Bingley Stone accepts no liability in Contract or tort or under statute or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical detail whether caused by Bingley Stone's negligence or otherwise.

Performance

  1. Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by Bingley Stone in writing, Bingley Stone shall be under no liability whatsoever for any failure to attain such figures whether attributable to Bingley Stone's negligence or otherwise.

  2. The responsibility for ensuring that Goods are sufficient and suitable for the Buyer's requirements is the Buyer's sole responsibility save insofar as Bingley Stone have specifically advised the Buyer in writing that the Goods are sufficient and suitable for the Buyer's purposes, having been fully and accurately advised by the Buyer of the Buyer's requirements.

Guarantee

  1. Not all Goods supplied by Bingley Stone are supplied with a manufacturer's or Bingley Stone guarantee.

  2. The guarantees that are supplied vary in duration.

  3. It is the Buyer's responsibility to check at the time of purchase whether Bingley Stone's guarantee is applicable, and if so, its duration. Where Goods are covered by Bingley Stone's guarantee, the following applies:

    Any defects which under proper use appear in the Goods within a period of twelve months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made good by Bingley Stone either by repair, or at Bingley Stone's option, by replacement, provided the Goods are returned in accordance with the "Returns" clause below.

    Bingley Stone's guarantee is provided by Bingley Stone and accepted by the Buyer in substitution for all express or implied representations conditions or warranties, statutory or otherwise, as to the state satisfactory quality fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.

  4. Where Goods are covered by a manufacturer's guarantee, then Bingley Stone's liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer.

  5. Bingley Stone's sole obligation and the Buyer's sole remedy under this provision is limited to the reasonable cost of repair or replacement of the Goods supplied.

Personal Collection of Goods

A Buyer wishing to collect Goods from the Trade Counter must do so within 2 working days of arranging the collection. If the Goods are not collected within the said period, Bingley Stone will charge the Buyer a restocking fee.

Returns

  1. No order may be cancelled without the previous written agreement of Bingley Stone. Without such written agreement, Bingley Stone may not accept the return of any Goods incorrectly ordered or no longer required. Any cancellation of order will only be considered if made in writing. If cancellation is accepted by Bingley Stone, then Bingley Stone may charge a restocking fee representing a percentage value of the Goods.

  2. Bingley Stone will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.

  3. Exchange units will be invoiced at the "buy" price and a credit for the difference between the "buy" price and the "exchange" price will be raised, subject to receipt of the faulty item at Bingley Stone no later than four weeks after the date of the original sales invoice, the number of which must be quoted.

  4. Bingley Stone will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Bingley Stone's opinion on this is final.

  5. The Buyer will be responsible for ensuring that all returns are delivered to Bingley Stone and for providing proof of delivery of such return. If proof of delivery is not provided, then no credit will be given by Bingley Stone.

  6. Without prejudice to "Returns" clauses (1)-(5), Bingley Stone reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.

  7. Except in any case where the Goods supplied are deemed to be faulty, or incorrectly manufactured. Goods that are manufactured to order cannot be returned. In the event a cancellation of an order for Goods manufactured Bingley Stone will charge the Buyer for the whole or any part of that order that has been manufactured prior to cancellation.

Delivery Schedules

  1. Delivery will take place to the address specified by the Buyer. Bingley Stone may make delivery by any method of transport available to Bingley Stone.

  2. Bingley Stone reserves the right to deliver the Goods by installments.

  3. A price will be charged at the rate applicable to the total quantity of Goods ordered.

  4. Deliveries by installment can only be accepted for a maximum period of six months from the date of order.

Delivery

Bingley Stone will use reasonable endeavors to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by installment under the Contract in accordance with "Delivery Schedules" clause (4) shall not prejudice Bingley Stone's right to make further deliveries by installment under that Contract.

Shortages or Damage in Transit and Non-Delivery

Bingley Stone will not consider any claim for shortage of delivery or damage in transit unless written notice is given to the carrier and Bingley Stone within three days of the receipt of Goods. No claim in respect of non-delivery of Goods will be considered unless written Non-Delivery notification is given to Bingley Stone within five days from receipt of a statement in respect of the Goods. In this condition, time shall be deemed to be of the essence.

Unloading of Goods

Arranging the unloading of deliveries shall be the responsibility of the Buyer. If facilities for unloading Goods are not available at the point of delivery, upon receipt of an expressly written request, Bingley Stone can arrange to deliver the Goods with a vehicle with onboard unloading facilities.

Site Access

Assessing site access will be the responsibility of the Buyer. Bingley Stone will not accept any liability whatsoever for any costs, direct or consequential, for re-delivery, delivering elsewhere or for the return of the Goods in any such case where delivery of the Goods is not possible at the time of the attempted delivery due to any restrictions to vehicular access.

Receiving Deliveries

Bingley Stone will make reasonable endeavors to ensure that the Buyer is aware of the estimated time of arrival for a delivery of any Goods. Bingley Stone will not accept any liability whatsoever for any costs, direct or consequential, for re-delivery, delivering elsewhere or for the return of the Goods in any such case where delivery of the Goods is not possible at the time of the attempted delivery due to the absence of person(s) authorised to receive the delivery make the delivery unachievable then Bingley Stone will not be responsible

Promotion

Bingley Stone may from time to time send the Buyer material or literature, in whatever form, promoting or advertising the sale of its Goods, or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means as Bingley Stone sees fit and at Bingley Stone's discretion. The Buyer acknowledges and accepts the right of Bingley Stone to do so. Bingley Stone's usual terms and conditions apply to all Goods and services featured in promotional material.

Ownership

The risk in the Goods supplied by Bingley Stone will pass to the Buyer when the Goods are loaded onto the delivery vehicles at it's premises. However, the title to the Goods will not pass to the Buyer until payment in full of all sums due from the Buyer to Bingley Stone has been made. If payment (whether in full or part) is not made by the due date, in accordance with "Settlement Terms" clause (1) to (4) or the Buyer is wound up, or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, Bingley Stone will be entitled without prior notice to the Buyer or any liquidator or receiver to retake possession of the Goods (and for that purpose to enter upon any premises occupied or owned by the Buyer).

Liability

Bingley Stone will make reasonable endeavours to ensure that all information contained in any Bingley Stone publication is correct. Bingley Stone reserves the right to amend any information contained in any publication without prior notice and does not accept any liability for any loss arising from any error or omission in any such publication.

The Buyer will be responsible for ensuring the correct products are supplied and that the Goods ordered are fit for purpose for which they are ordered. Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) and except for any liability which Bingley Stone may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987,

Bingley Stone shall not be liable in any way whatsoever whether in Contract, in tort, in misrepresentation or under statute or common law, or otherwise for any consequential or other loss, damage or injury however caused and whether caused by Bingley Stone's negligence which may arise out of or in connection with the supply of Goods to the Buyer, other than to supply Goods conforming to the original agreed specification or at Bingley Stone's option to refund any monies already paid in respect of the Goods.

Force Majeure

Bingley Stone shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Bingley Stone shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

Cancellation

If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with "Settlement Terms" clause (1) to (4), Bingley Stone will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Bingley Stone and the Buyer.

Copyright All Rights Reserved

Bingley Stone has taken all reasonable steps in the course of its business to ensure that the Goods do not infringe any patent, design, trademark, copyright or any other rights of third parties but no guarantee in this respect is given, and Bingley Stone shall have no liability whatsoever in the event of any such infringement howsoever arising.

Bingley Stone own full copyright in respect of this catalogue. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without Bingley Stone's prior written consent.

Legal Construction

All Contracts between Bingley Stone and the Buyer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

A hard copy of these terms and conditions of trading can be posted on request.

       

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