Term and Conditions of Sale

1. INTERPRETATION

In these conditions:

"Buyer"
- means the person or company who accepts a quotation of the Seller for Goods or whose Order for Goods is accepted by the Seller.

"Seller"
- means the firm of memorial mason named in the Order.

"Goods"
- means the memorial described in the Order and any works to be carried out to complete such memorial.

"Order"
- means any quotation of the Seller which is accepted by a Buyer or any Order placed by the Buyer which is accepted by the Seller.

"Memorial"
- means any stone or other material on which work has been carried out by the Seller.

2. MATERIALS

Natural quarried materials can vary in colour and texture.  All Goods are sold subject to these natural variations and therefore cannot be guaranteed identical to any sample produced. All sizes are approximate and imperial measurements may be converted to metric or vice versa.

3. DETAILS

The buyer should check the details of the Order and the wording therein of the inscription carefully. Particular care should be taken in the spelling of names and the accuracy of dates. Any error should be notified and confirmed in writing, to the Seller, within seven days of the date of acceptance of the Order. Any error in the inscription layout proof should also be notified within seven days of its receipt. The signed and approved layout copy will be used as the final production specification. The Seller cannot otherwise accept responsibility for any errors in an inscription on Goods that comply with the terms of an Order.

4. COMPLETION

The seller will endeavour to deliver the Goods or (if applicable) have the Goods available for collection by the Buyer within the time specified in the Order but if completion of any works are delayed through strikes, lock outs, accidents, non-delivery of materials to the Seller or other force majeure a reasonable extension of time will be allowed.  Time shall not be of the essence of the contract unless expressly agreed in writing by the Seller.

5. TITLE

The Title in the Goods remains vested in the Seller and shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price for the Goods.

6. PAYMENT

A deposit as specified in the order or, if none is so specified 20%, of the Price for the Goods shall be paid by the Buyer to the Seller upon acceptance of the Order. Until payment is made of that deposit the Seller shall not be obliged to commence any work and any date specified for completion of the Order shall be extended by the period of any delay in payment of the deposit. On completion of any manufacturing works, but before the delivery of the Goods, the Seller will notify the buyer and submit a photograph of the memorial and the invoice for the Goods.  The Buyer should then approve the Goods as soon as possible and the Buyer must notify any complaint regarding the Goods in writing to the Seller within 14 days after the date of such notification or issue of the invoice.

The balance of the price for the Goods shall be due and payable within 21 days after the date of issue of the invoice notwithstanding that delivery of the Goods may not have taken place to the intent that the Seller shall be entitled to defer fixing the memorial in the cemetery or churchyard or other agreed place until after payment in full of the price of the Goods in cash or cleared funds.

If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to charge interest (both before and after any judgement) on the amount unpaid at the rate of 3 per cent per month calculated on a monthly basis until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

7. INDEMNITY

If the goods shall prove to be faulty in workmanship or material not in accordance with this contract within twenty five years of the goods being fixed in the cemetery or churchyard or other agreed place, the Goods (or such part thereof as applicable) shall be made good or, if this is not possible, replaced by the Seller without any expense to the Buyer subject to the conditions stated below,

Conditions:

  • All natural materials vary from time to time in colour and texture therefore this Guarantee relates only to the type and soundness of the material and not to any colour variance.

  • This Guarantee shall not apply to any painting or gilding on the memorial, any engravings or ornamentation or to any flush or raised lead lettering as this will depend on the position of the memorial and the level of maintenance applied.

  • Movement as a result of ground settlement - all of our memorials will be levelled where required, without charge, for a period of two years following the date of completion of the order.

  • This Guarantee shall not apply to any damage caused by any third party and shall become invalid if the memorial is removed, disturbed or otherwise worked upon by anyone other than ourselves.

The above Guarantee is in addition to, and not in lieu of, any statutory or common law rights vested in the purchaser.

The Seller shall have no liability to the Buyer for any consequential loss of the Buyer arising out of the provision of the Goods (except in respect of death or personal injury resulting from negligence) and the total liability of the Seller for any other loss of the Buyer so arising shall not exceed the price payable by the Buyer for the Goods.

8. FEES AND V.A.T

Fees to cemetery and churchyard authorities are the responsibility of the Buyer but may be paid by the Seller and added to the invoice. Any notification of such charges given by the Seller to the Buyer having been given in good faith, occurring after notification but prior to any increase in such charges up to date of the fixing of the Goods shall be paid by the Buyer to the Seller within seven days of request for payment.

All our costs are inclusive of VAT at the current rate where applicable.

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