‘Seller’ means Mark Ormiston trading as Ormistone or CJ Ormiston & son.
‘Buyer’ shall mean any person, business or company accepting the Seller’s offer.
‘Goods’ shall mean any goods, materials or services offered for sale.
1. The Seller’s quotation is subject to correction for errors, omissions or adjustments and should not be considered as an offer capable of acceptance by the Buyer and a contract shall not come into existence until the Seller has issued a written acknowledgement of the Buyer’s order. Once an order has been placed and confirmed by the seller via partial/full payment, written or verbal agreement the order cannot be cancelled nor a refund given.
2. Delivery periods, except where otherwise stipulated, are effective from the date of receipt of the Buyer’s order and cleared funds. “*Worktops fitted within 7 days” is relative to 7 business weekdays Monday to Friday, excluding weekends and bank holidays and within a 30 mile delivery radius of the business fabrication workshop. The Seller will use its best endeavours to comply with dates, periods schedules quoted to the Buyer for delivery of Goods, no such date, period or schedule shall be contractually binding on the Seller and the Buyer will have no claim against the Seller in the event of the Seller’s failure or inability for whatever reason, to perform the contract by such date or within such period, unless specifically agreed in writing by the Seller. Delivery periods stated at the time of order are those current at date of quotation and are subject to confirmation at the time of order.
3. The price charged will be that ruling on the date of order and will be subject to the addition of
Value Added Tax, where appropriate, at the current rate in force together with any other Government (or other) duty, tax or levy now or at any time in the future hereby applicable. All price lists issued by the Seller are subject to amendment without prior notice to the Buyer. The Buyer is, therefore, advised to ensure that prices are correct before placing a firm order. All prices quoted or agreed by the Seller are dependent upon and liable to variation in accordance with:
- a) The performance of or work not expressly covered by the contract specification but necessary for the due provision of the Goods and/or services contracted for. “**Estimates provided in 24hrs or £100 off your order (on orders over £1500.00 excl vat)” is based on from when complete and full information is provided on weekdays Monday to Friday, excluding weekends and bank holidays.
- b) Mistakes and/or omissions in the contract specifications provided by the Buyer.
- c) Special expedition in completion of a contract at the request of the Buyer. d) Other matters of any kind whatsoever outside the control of the Seller.
4. The Seller may require the Buyer to pay a deposit of the total value including VAT when an order is placed and will confirm the order upon receipt of the deposit. Upon receipt of the relative cleared funds, the Seller will issue an invoice. Goods may not be dispatched before full payment has been received. Title of goods will not pass until full payment of cleared funds is received.
5. In the event of Frustration/Force Majeure, neither party will be liable for any delay in performing or failure to perform any of its obligations under this agreement caused by events beyond its reasonable control (Force Majeure Event). The party claiming the Force Majeure will promptly notify the other in writing of the reasons for the delay or stoppage. If the party claiming the Force Majeure Event has complied with this clause, its performance under this contract will be suspended for the period that the Force Majeure Event continues and the party will have an extension of time for performance which is reasonable (and in any event is equal to the period of delay or stoppage).
Any costs incurred due to such delay or stoppage will be borne by the party incurring these costs. Either party may, if the delay or stoppage continues for more than 30 continuous days, terminate this agreement with immediate effect on giving written notice to the other and neither party will be liable to the other for such termination, and the party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which this agreement may be performed despite the Force Majeure. So long as the Force Majeure Event continues the Buyer may contract with others for the supply of any items and/or services which the Seller fails to supply in accordance with the terms of this agreement.
6. Goods supplied are manufactured within the normal limits of manufactured quality. Goods
are subject to variation in colour, texture or finish. Whilst every effort is made to ensure Goods are of satisfactory quality and match specification, it is not always possible to ensure an exact match with any sample seen, due to batch manufacturing in engineered materials and variations in nature with natural materials. Material is accepted on confirmation of order, no dispute on colour or texture will be accepted thereafter. Any illustration and description of Goods in advertisements or printed literature are for information guide only and shall form no part of the terms of the contract. The Seller accepts no responsibility should the goods be used for any other than the intended purpose.
All supplier, manufacturer, fabrication, delivery or installation guarantee will not come into effect or have recognition until full payment of cleared funds has been received. The Seller reserves the right of refusal of sale without prior notice or explanation. Appropriate and reasonable claims under guarantee Statutory Rights, Regulations and Laws of relevance may be
attempted to be resolved at the discretion of the Seller, although void if the Seller believes the Buyers intention may be unreasonable or for malicious, disingenuous, fraudulent, cynical, immoral or illegal purposes. Refused offers of reasonable resolution in any dispute may cause the Seller to consider the Buyer ‘s intention to be for malicious, disingenuous, fraudulent, cynical, immoral or illegal purposes. In this situation the Seller reserves the right to withdraw any/and/or all offers of resolution with the option of formal litigation via HM Courts & Tribunal Services. The Seller reserves the right to employ third parties at the Seller’s discretion and without prior notice to undertake work on the Seller’s behalf at any stage of manufacture, installation or after service.
7. For loss from a package or from an unpacked consignment or damage to any part of the goods;
The Buyer shall advise the carrier and the Seller in writing ( otherwise than by writing on the carrier’s consignment note or delivery document) within 7 days of the date of delivery of the
consignment, (excluding Saturday, Sunday and any bank holiday). The Buyer shall have been deemed to have accepted the Goods on expiry of seven days from delivery of the Goods to the
Buyer, except where the Buyer has previously advised otherwise. No Goods may be returned unless authorized by the Seller, and if authorized will be at the Buyers expense.
8. The intellectual property in the Goods includes (without limitation) any patent, trademark, service mark, copyright, design right, moral right, know how or any other form of intellectual property and any other proprietary right or interest (and all associated goodwill), whether registered or unregistered, existing now or in the future and created or held in any format or media whatsoever, in (or arising in respect of) any or all of the Goods and/or in any and all specifications, designs, patterns, drawings, illustrations, samples, proposals and/or any written, printed or graphic materials supplied, disclosed or made available for inspection by the Seller to the Buyer in connection with the goods and all such intellectual property remains the property of the Seller wholly and exclusively.
9. The above terms and conditions may be subject to change without prior notification; although do not limit Statutory Rights, Regulations and Laws of relevance.