1.Definitions
“Agreement” means the agreement by which you agree to purchase and we agree to sell the
Goods. “we” and “us” means Terzetto Limited whose registered office is at Unit 24 Centre Park, Marston Moor Business Park Tockwith, Wetherby, YO26 7QF. VAT No: 827 8998 52./ Telephone number 01423358855/ email; sales@terzettostone.co.uk and “you” means the customer. “Business sales” includes selling to a trade, profession or professional body. “Consumer sales” includes selling to any person who is purchasing for purposes outside of their normal business.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address. “Price of the Goods” means the price for the Goods shown as excluding VAT and delivery in the case of business sales and the prices shown as inclusive of VAT but exclusive of delivery in the case of consumer sales. “Total Price” means the price for the Goods and delivery, inclusive of VAT.
2. Order and Sale
2.1 You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
2.2 Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid in full before the order/ fabrication will be processed and cannot be cancelled after the order / fabrication process has started.
3. Applicable terms, conditions and representations
3.1 These terms are the only terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
3.3 It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
3.4 It is important that you check your measurements carefully. An order should normally include an additional 10% to allow for wastage to cover cutting, minor imperfections as could be expected with the type of stone and finish ordered and breakage. If you do not order enough, subsequent Goods (due to them being a naturally occurring product) may not be exactly the same as the original Goods.
3.5 We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that you have ordered the correct quantity of Goods. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities ordered. We will not be responsible for any shortfalls or surpluses.
3.6 Due to the variation which occurs with natural stone, ceramic, porcelain, decorative & glazed materials we cannot accept returns of surplus goods. It should be noted that any surplus tiles are worth keeping as they will be from the same batch as your original material and can be utilised should any damage occur after the tiles have been installed.
3.7 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us or any of our staff (or anyone else) that is not expressly incorporated into this Agreement in writing and signed by both of us. 3.8 As we have not carried out a survey or inspection of the installation site of the goods we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer you cannot rely on any implied or express representation, advice or information given to you by us, that is not incorporated into the Agreement and signed by both of us.
3.9 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavor to contact you as soon as possible if these problems occur.
3.10 In the case of business sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
4. Description and samples
4.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only. Sizes, colour, markings, texture can vary.
4.2 You acknowledge that the Goods are natural or kiln fired and geological or firing variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement. 4.3 You should be aware that all of the natural Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
5. Price Business sales
5.1 The price is the price indicated as exclusive of any VAT and delivery charge which you must pay in addition.
Consumer sales
5.2 The price is the price indicated as inclusive of any VAT and exclusive of delivery charge which you must pay in addition.
All sales
5.3 We reserve the right to change the price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duty increase of the cost of the material and such like. If we change the price and you are not happy with it you will be able to cancel your order. Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
6. Payment
6.1 Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds. 6.2 Credit account customers who fail to pay will be liable to pay interest on the Total Price from the due date until you make the payment, at a rate 2% above the base rate of NatWest Bank on a daily basis.
7. Delivery & Collection
7.1 We shall endeavor to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. We often use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerbside. The driver will not handle the Goods further.
7.3 You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.
7.4 The cost of delivery is in addition to the Price and subject to VAT, shown as inclusive for consumer sales and shown as exclusive of vat for business sales.
7.5 If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges.
7.6 You may only collect your Goods from our Tockwith warehouse by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.
8. Risk and Property
8.1 The risk (of, for example breakage, loss and damage) in the Goods will pass from us to you on completion of delivery or (if you decide to collect the Goods) point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.
9. Unpacking, stacking and storing
9.1 Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or (if you decide to collect the Goods) after collection. 9.2 Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
10. Examination and Acceptance All sales
10.1 We take care to ensure that all of our goods leave us in perfect condition. If there is any obvious damage to the goods, please make a note of the damage on the delivery note. If the goods are deemed and proven to be damaged on delivery, by way of documentary evidence such a photograph we will bear the cost of redelivery and replacement goods. Please note you will still be required to notify us under clause 10.2, 10.3 and 10.4 as applicable.
Business Sales
10.2 You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, i.e undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the goods are damaged or unsatisfactory quality, we reserve the right to request documentary evidence such a photograph in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
Consumer Sales
10.3 You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, i.e undamaged and the correct amount and if they are not, you should notify us as soon as possible after delivery or collection. We will either refund to you the Total Price or make available replacement Goods (at your option).
If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement goods and collection of original goods.
If the fault proves to be an error on your part you will be required to bear the cost of re delivery of replacement goods and collection of the original goods.
10.4 If an incorrect amount of the goods are delivered or collected, you should notify us as soon as possible (preferably within seven days) and we will arrange to deliver or make available (as appropriate) the correct quantity of the goods.
If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order.
If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order. We reserve the right to request documentary evidence such a photograph in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you.
11. Limitation of liability Business Sales
11.1 We will only be liable to you under or in relation to this agreement or in relation to the goods if you tell us about any short fall, proven damage or defect in the goods within forty eight hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such a photograph, of the damage or fault.
If you so notify us, our only obligation to you will be (at our option):
11.1.1 To make good any shortage or non-delivery; or 11.1.2 To replace or repair any damaged or defective goods.
11.2 We will not be liable to you for loss of profits or loss of business. Depletion of good will or for any indirect or consequential lose or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the price.
11.3 We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reason outlined in clause 11.1.
Consumer sales
11.4 We will not be liable to you for lost working time or the cost of third party contactors where you (or your contractor) fails to install the goods correctly or fail to us the correct base, sealants or installation techniques or if the environment in which the goods are installed is unsuitable.
11.5 Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
12. Right of Cancellation for Consumers
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract. Distance contact means any contract concerning goods or services between a supplier and a consumer where they are not together, which is agreed by one or more means of distance communication – for example by phone or over the internet. A distance sales or service provision scheme makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1 You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after on which you acquire or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us: Terzetto Limited, Unit 24 Centre Park, Marston Moor Business Park, Tockwith, YO26 7QF. Telephone number 01423 358855. Email:
sales@terzettostone.co.uk, of your decision to cancel this contract by a clear statement (e.g a letter sent by post or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.2 Effects of cancellation
If you cancel this contract we will reimburse to you payment made for the goods (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is a result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than – 14 days after the day we receive back from you any goods supplied, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
12.3 If the goods have been dispatched by us, you will have to bear the direct cost of returning the goods to our Yorkshire Head Office within 14 days. The cost of returning the goods is estimated at approximately £110.00 per tonne (inc VAT).
12.4 You cannot cancel if the Goods are made/ordered specifically for you, or you have installed or laid them or used them.
12.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.
13. Fixing Products and Installation
13.1 Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a detailed survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. You may not therefore rely upon this advice. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. You must adhere to the stated manufacturer guidelines when installing. We recommend that you take advice from a professional fitter.
13.2 We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation and surveyed the job. We strongly recommend that you take up independent references.
13.3 We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
14. Third Parties
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.