Terms and conditions
TERMS AND CONDITIONS
Terms & Conditions of Sale
1. Definitions
2. General
3. Orders
4. Prices
5. Delivery, Title & Risk
6. Payment
7. Product Specifications
8. Warranties & Returns
9. NSC Slate’s Liabilities
10. Health & Safety
11. Force Majeure
12. The Consumer Protection (Distance Selling) Regulations 2000
13. Errors & Omissions
14. Security of transactions and data protection
16. General Terms of Business
1. Definitions
1.1 “Customer” includes, “Consumer” and “you” and “user”.
1.2 “NSC” means The Natural Slate Company limited, Registered in England and Wales (Reg. no 04292737), also referred to as “we” or “us” in these terms and conditions.
1.3 “Catalogue” means the catalogue of products and services offered by NSC.
1.4 “Force Majeure” means any cause affecting the performance by NSC Slate of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.5 “Normal Working Hours” means 09:00 to 16:30 Monday to Friday (Excluding Bank or Public Holidays).
1.6 Please note special terms may apply to Consumers/users, which prevail over the other provisions of these terms and conditions. Consumers are referred to Clause 13.
2. General
2.1 All orders for products and services are accepted by The Natural Slate Company Limited (‘NSC’) subject to these terms and conditions of sale. No other terms will apply to the supply of products and/or services by NSC unless agreed in writing by an authorised signatory of NSC.
2.2 All descriptions of the products and services offered by NSC, including those in promotional literature, the website or otherwise communicated to the Customer are approximate only and shall not form any part of the contract between us and the Customer. NSC may correct any errors in its promotional material or website without liability to the Customer. The advertising of products and services in the NSC promotional literature or website merely constitutes an invitation by NSC for the Customer to make an offer to purchase products and services.
3. Orders
3.1 All contracts of sale made by NSC shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the other party (“the Customer”). Cancellation of orders by business to business customers is not accepted. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered: NSC reserves the right to decline to trade with any company or person. In addition, NSC may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or mail or electronic mail within a reasonable period of receipt by NSC of the order.
3.3 Any quotations provided by us are valid for 14 days, after this period the price is subject to change at our discretion.
3.3 Any slate we supply is obtained from licensed quarries and is a completely natural product. The appearance of the material is variable and dependent on natural conditions and we make no guarantee as to the precise pattern or texture of any particular piece. However, we will make every effort to satisfy particular customer requirements with regard to texture, patterning and colour if these are made clear at the time of ordering. We recommend that customers personally inspect the product range prior to ordering (we welcome visitors to our premises and will reserve specific pieces on customer selection) and we will provide samples at your request.
4. Prices.
4.1 Goods and services, are invoiced at the price prevailing at time of order.
4.2 Prices are quoted in British Pounds (GBP) and exclude VAT, packing/shipping charges and any other taxes which, where applicable, must be paid by you in addition to the price and which will be listed with the total cost of your order
4.3 NSC reserves the right to modify the prices from time to time.
5. Delivery, Title and Risk
5.1 Our standard delivery service is by an ‘economy pallet delivery network’, which provides for ‘kerbside delivery’ only. Deliveries on this service are only available on specified weekdays and at unconfirmed times between 08:30 and 17:30 and someone must be on site to confirm delivery. We can request that the transport company contact you by telephone 1 hour prior to the delivery arriving but cannot guarantee this service.
5.2 In addition to the full delivery address, we will require a contact telephone number that can be used to advise of any delays, or seek directions if the driver is unable to locate the address.
Next Day delivery (through the same pallet service) is available to most areas at additional cost.
We will agree a delivery date (but not time) with you and make every effort to ensure that this is fulfilled but cannot be held responsible for delays out with our control. We will not accept responsibility for consequential costs, so please do not schedule tradesmen until the ‘goods’ are on site.
Please ensure that there is someone on site to accept delivery and inspect the goods, undelivered goods will be returned to the nearest depot and it will become the consignee’s responsibility to arrange (and pay for) further delivery attempts.
5.3 Access to the delivery site determines the type of vehicle that can be used and we require notification of any conditions (sharp bends, weak bridges, narrow roads etc.) that would restrict access by a large vehicle (13metres long and 17 tonnes). In most cases we can arrange for more suitable vehicles but only when advised of access difficulties at the time of placing the order; any additional charges will be payable by the consignee.
5.4 You must also advise us of the method to be used to offload the consignment; either ’forklift’, ‘tail-lift and pallet truck’ or other. ‘Forklift’ provision is the responsibility of the consignee. The consignee is responsible for ensuring that the ground surface is acceptable for the use of a ‘pallet truck’, if this method of offloading is required. This is a ‘kerbside’ delivery service i.e. the goods will only be delivered to the nearest safest point to the delivery address; the driver is prohibited from moving the goods further. The goods are crated or palletized before leaving our premises and secured for transport, please take care when loosening fastenings in case the goods move. These goods can be very heavy and bulky so make sure that personnel involved in moving them are aware of the safe and correct methods of lifting and handling.
Approximate weights:
10/12mm thick slate: 30kgs per sq m
23/25mm thick slate: 75kgs per sq m
30mm thick slate: 85kgs per sq m
40mm thick slate: 130kgs per sq m
5.5 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the products and quantities delivered corresponds with the numbers stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. NSC shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment. Photographic evidence of all damage will be required for insurance purposes. Any Goods signed for as “unchecked” will also not be accepted by the transport insurance, and no refunds or replacements can be made.
5.6 Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
5.7 Title in the goods does not pass to the Customer until payment is received in full by NSC, however risk of loss or damage is passed on to the customer on delivery of goods.
5.9 Where the Customer requests goods to be sent by Royal Mail or expressly instructs NSC to leave goods without requiring NSC to obtain a Proof of Delivery, delivery shall be deemed to have been successfully completed on despatch by NSC.
6. Payment
6.1 For any bespoke products or services a delivery date must be agreed and all goods must be paid for in full before we can commence any cutting. Once cutting has commenced no changes can be accepted to the order without additional charges being incurred.
6.2 For all other orders payment must be made prior to ‘loading’ for delivery or collection, unless special arrangements have been agreed by NSC.
6.3 Payment may be made by BACS transfer, cash, Visa, MasterCard, Solo and Maestro. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.
7. Product specifications
7.1 NSC makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications. Where these dimensions are critical to the application and use of the product the customer is advised to get them confirmed in writing by mail or e-mail from us.
7.2 NSC has made every effort to ensure that the colours of the products are displayed in promotional literature and online as accurately as possible. However since presentation of colour varies with type of monitor settings and from slate to slate, due to the natural origin of the product, NSC can not guarantee that the colours accurately reflect the colour of the product on delivery. Customers are strongly advised to ask for samples before ordering to ascertain suitability. NSC Slate will take every care and effort to ensure that product descriptions, sizes and prices are displayed correctly at the time of entering the relevant information onto the system. However, NSC reserves the right to refuse any orders where the information/sizes and prices are published incorrectly (this includes promotions).
7.3 If NSC cannot supply the goods ordered by the Customer, NSC reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to NSC in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
7.4 Each customer bears the full responsibility for making its own determination as to the suitability of NSC´s materials, products, services, recommendations or advice for its own particular purpose. Each customer must identify and perform tests and analyses sufficient to assure it that its finished parts will be safe and suitable for use under end-use conditions. Because actual use of products by the user is beyond the control of NSC, such use is the exclusive responsibility of the customer, and NSC cannot be held responsible for any loss incurred through incorrect or faulty use of the products. Further, no statement contained herein concerning a possible or suggested use of any material, product, service or design is intended or should be construed to grant any license under any patent or other intellectual property right of NSC or any of its subsidiaries or affiliated companies, or as a recommendation for the use of such material, product, service or design in the infringement of any patent or other intellectual property right.
8. Warranties & Returns
8.1 NSC is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective and in such cases we offer the returns facilities described below.
8.2 If you are not a Consumer, subject to the other provisions of these terms and conditions, NSC warrants that upon delivery and for a period of 3 months from the date of delivery the products will be of satisfactory quality within the meaning of Sales of Goods Act 1979. These warranties shall not apply to any defect which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of NSC.
8.3 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
8.4 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 12) NSC does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts. Such goods are not returnable and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and NSC can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement.
8.5 In the event that NSC, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with NSC’s prior written agreement within 14 days of delivery. The goods must be in perfect re-saleable condition All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply) will be subject to up to 30% re-stocking fee of NSC’s sale price for the goods in addition to two way carriage costs.
8.6 The customer may not cancel the contract once accepted by NSC nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of NSC and only on terms to be determined at the absolute discretion of NSC.
9. NSC Slate’s liability
9.1 In its dealings with Business Customers, NSC shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Subject to and without prejudice NSC’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
9.2 Nothing in this agreement shall limit NSC’s liability for death or personal injury caused by its negligence.
10. Health & Safety
10.1 NSC confirms that the goods it supplies do not present a hazard to health and safety but please be aware that these goods can be very heavy and bulky so make sure that personnel involved in moving them are aware of the safe and correct methods of lifting and handling.
11. Force Majeure
11.1 NSC shall not be liable or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of NSC’s obligations in respect of the Goods or services, if the delay or failure was due to any cause beyond NSC’s reasonable control (force majeure).
11.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall:
a) In the case of non-bespoke items agree a new timescale with you for the delivery of the Goods or if you prefer we will cancel the order and make repayment of all sums received.
b) In the case of bespoke items where production has commenced we will only agree a new timescale for delivery of the goods.
12. The Consumer Protection (Distance Selling) Regulations 2000
12.1 Contracts for the purchase of goods by a Consumer not acting in the course of a business and made over the telephone or through the NSC website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’). If you are a Consumer, NSC warrants that upon delivery and for a period of 3 months from the date of delivery the products shall be of satisfactory quality and fit for purpose within the meaning of the Sale of Goods Act 1979 (subject to the provisions of these term and conditions).
12.2 If the Regulations apply, Consumers may cancel goods purchased from NSC by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at NSC, or by e-mail to enquiries@theslatecompany.co.uk 12.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
12.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to NSC, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered. Any refund will be less the original delivery charge and subject to any collection charge applicable and also a restocking charge of up to 30% to cover the labour from originally packing and also the labour to check the goods on return and repack them back into stock.
14.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to NSC and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if they fail to comply with this obligation.
13. Errors & Omissions
13.1 NSC makes every effort to ensure that all prices and descriptions quoted in its literature and on its website are correct and accurate. In the case of a manifest error or omission, NSC will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. NSC’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by NSC after the manifest error has been discovered.
15.2 A ‘manifest error’, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by NSC which is more than 10% less than the price that would have been quoted had the mistake not been made.
14. Security of transactions and data protection
14.1 NSC does not collect or store customer payment details, but uses a third party company to provide a card processing facility for it. Provided the Customer is using an SSL-compliant browser such as Netscape’s Navigator v 4.79 or above, Microsoft’s Internet Explorer v 5.01 or above, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.
14.2 Registration and data sharing: NSC’s order form requires users to give NSC contact information (such as name, email, and postal address), demographic information (such as postcode), and financial information (such as account or credit card numbers). This data is securely stored by NSC’s system.
14.3 NSC does not share a Business Customer/Consumer’s information with other companies or third parties.
15. General terms of business
1.5 Nothing in these terms and conditions affects your statutory rights as a Consumer.
15.2 If any provision in this Agreement is held to be invalid or unenforceable by any court, tribunal or administrative body, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
15.3 Any waiver of a breach of this Agreement must be in writing.
15.4 Any variation of this Agreement must be in writing and signed by a duly authorised NSC official.
15.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
15.6 Assignment: You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
15.7 Customer Service queries: NSC shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Customer/Consumer has made within 48 hours of receipt of any such query. NSC shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Customer/Consumer reasonably notified of any progress thereafter.
15.8 Third Party (Rights) Act 1999: No third party shall be allowed to enforce any rights under this contract. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
15.9 No Waiver: NSC’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.
15.10 Notice: Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice. Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
15.11 Enforceability If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
15.12 Dispute: In the event of a dispute between the Customer/Consumer and NSC, should NSC in writing require, the Customer/Consumer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
15.13 Jurisdiction: The contract shall be governed by the laws of England & Wales and the Customer/Consumer agrees to submit to the non-exclusive jurisdiction of the English courts.
15.14 Images Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed in the catalogue, marketing material or on our website, especially with generic products.
