and conditions of trading
- All articles sold to the Buyer,(being the person(s) or company who's
order for goods is accepted by Bingley Stone) including replacements for defective
- The Contract between the Buyer and Bingley Stone for the sale of Goods.
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.
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.
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.
prices are subject to V.A.T. at the current rate prevailing at the time
payments are due on a C.O.D. basis.
interest charge will be imposed on invoices still outstanding
after 7 days with a minimum charge of £1.00.
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.
legal action is taken to recover monies due to Bingley Stone, then Bingley Stone reserves
the right to charge the Buyer an administration charge.
a first time buyer wishing to place an order over the value of £250.00
Bingley Stone would require payment in full before the despatch of goods. Bingley Stone
reserves the right in its absolute discretion to grant, refuse or discontinue
any order at any time.
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.
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.
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
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.
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.
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
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.
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.
all Goods supplied by Bingley Stone are supplied with a manufacturer's or Bingley Stone
guarantees that are supplied vary in duration.
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"
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.
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.
sole obligation and the Buyer's sole remedy under this provision is
limited to the reasonable cost of repair or replacement of the Goods
Collection of Goods
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.
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.
will only accept returns under guarantee if they are accompanied by
a document in writing stating the date of purchase and original invoice
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.
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.
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.
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.
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.
will take place to the address specified by the Buyer. Bingley Stone may make
delivery by any method of transport available to Bingley Stone.
reserves the right to deliver the Goods by instalments.
price will be charged at the rate applicable to the total quantity
of Goods ordered.
by instalment can only be accepted for a maximum period of six months
from the date of order.
will use reasonable endeavours 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 instalment under the Contract
in accordance with "Delivery Schedules" clause (4) shall not
prejudice Bingley Stone's right to make further deliveries by instalment under
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.
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 will be the responsibility of the Buyer. Bingley Stone will not accept
any liability whatsoever for any costs, direct or consiquential,
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.
will make reasonable endeavours 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
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
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).
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.
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.
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.
All Rights Reserved
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.
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.
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
copy of these terms and conditions of trading can be posted on request.