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This section outlines our and your responsibilities during the purchase of products from Surface360.
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we” and “us” means Surface 360 (incorporated in England under company number: 5670473) whose registered office is at 7 Milbanke Court, Milbanke Way, Bracknell, Berkshire, RG12 1RP VAT No: 878828058. Telephone Number:01183914120, e-mail: firstname.lastname@example.org, 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. “Special Order” means goods not held as stock items and ordered in from suppliers specifically at customers request, or good altered specifically to customers request. “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 exclusive of 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 any delivery cost inclusive of VAT.
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 Goods ordered which are not standard/stock “off the shelf” are deemed Special Order; or Goods fabricated specifically for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.
APPLICABLE TERMS, CONDITIONS AND REPRESENTATIONS
3.1 These terms are the express 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 parties.
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 always include an additional 10% to allow for wastage, damages, erroneous cuts and mis-measures on site etc. If the pavers are being installed on pedestals or support pads thought also needs to be given to the size of cuts being prescribed – our technical staff are happy to assist with this process.- If you do not order enough material, subsequent Goods (as they are produced in batch runs) may not be an exact colour match for 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 the correct quantities of Goods are ordered. You should therefore seek professional advice as variations insurfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
3.6 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 that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7 If 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.
3.8 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 endeavour to notify you as soon as possible should these problems occur.
3.9 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.
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.
4.2 You acknowledge that the Goods are manufactured from natural materials and produced in batch runs – therefore, shade and colour variations are to be expected between batches.
4.3 You should be aware that many of the paver/tile ranges have slight to very strong shade variation across the range and from tile to tile, this is buy design to replicate the natural material they are based on and is in no way a fault.
5.1 The Price is the price indicated as exclusive of any value added tax, and delivery charge, which you must pay in addition.
5.2 The Price is the price indicated as inclusive of any value added tax, but excludes delivery charges, which you must pay in addition.
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 duties, increase of the costs of materials 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.
6.1 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 5% above the base rate of Lloyds TSB Plc on a daily basis.
DELIVERY & COLLECTION
7.1 We shall endeavour 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 kerb side. 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 (18yrs +) 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.
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 West Thurrock 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.
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, at the point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment full and cleared payment for all outstanding contracts.
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 Rectified porCelain edges are susceptible to chipping if moved around carelessly, care needs to be taken not to clip the edges of the tiles/pavers when moving them.
EXAMINATION AND ACCEPTANCE
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 as a photograph, we will bear the cost of re – delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).
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, 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 of unsatisfactory quality,
we reserve the right to request documentary evidence, such as 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.
10.3 If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible (preferably within 7 days) and 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 the original Goods. If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery 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 7 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.
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 shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as 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 goodwill or for any indirect or consequential loss 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 reasons outlined in clause 11.1.
11.4 We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, we will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
11.5 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.
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 Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1 You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.
12.2 To cancel you must let us know in writing that you wish to cancel. You may do this by letter, fax or email sent within the 7 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 7 days
12.3 You cannot cancel if the Goods were order as “Special order” for you, or if the Goods have been installed laid or used in any way.
12.4 If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can collect them from you. If we collect the goods, then you will be liable for the cost of collection.
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.
FIXING PRODUCTS AND INSTALLATION
13.1 We are happy to advise on installation and layouts, but the final responsibility is with the contractor to ensure that all goods are installed correctly taking into account the subsurface and walls etc.
We cannot be held responsible for damages or other issues due to poor installation.
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions