5 Year Guarantee does NOT cover all our products.
WARRANTIES AND LIABILITY
(i) Subject to the conditions set out below the Seller warrants that the Goods will correspond with any specification of the Goods forming part of the Contract at the time of Delivery and at the time will be free from defects (except minor defects) in material and workmanship.
(ii) The above warranty is given by the Seller subject to the following conditions:
(a) the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;
(b) the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, incorrect movement, installation or erection, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Seller's approval.
(iii) In the event of loss or damage occurring to Goods during transit where the Goods are transported by the Seller or its carrier the Buyer must give written notice to the Seller within two working days of the date of Delivery and further where such Goods are consigned by a carrier of the Seller the Buyer must in addition comply in all respects with that carrier's conditions of carriage for notification for omissions from the Delivery or loss or damage in transit. The Buyer must give written notice to the Seller within three working days of receipt of invoice if the Goods have not been delivered by the Seller or its carrier to the Delivery Address. Failure to give written notice pursuant to this sub-clause shall mean that the Buyer shall be deemed to have accepted the Goods as being in good order and in conformity with the Contract.
(iv) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not Delivery is refused by the Buyer) be notified in writing to the Seller within 7 days from the date of Delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If Delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.
(v) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods ( or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the Price of the Goods (or a proportionate part of the Price), but the Seller shall have no further liability to the Buyer.
(vi) Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
(vii) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of delay in performing, or any failure to perform, any of the Seller's obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
(a) Act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);
(f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;
(g) power failure or breakdown in machinery.
(h) The contract regarding labour on fitting Balustrade or any stone products is between the customer and the contractor, any issues from poor fitting Tor Stone Ltd will not be held liable for any reason.
(i) The Seller recommends that the Purchaser employ only the services of a qualified and experienced fitter in the storage, handling, laying and sealing of all stone products. The Seller also recommends that the Purchaser use a good quality, suitable adhesive and grout, to fix and pin all stone products.
(viii) SUBJECT AS EXPRESSLY PROVIDED IN THESE CONDITIONS, AND EXCEPT WHERE GOODS ARE SOLD TO A PERSON DEALING AS A CONSUMER (WITHIN THE MEANING OF THE UNFAIR CONTRACT TERMS 1977), ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
(ix) WHERE THE GOODS ARE SOLD UNDER A CONSUMER SALE (AS DEFINED BY THE CONSUMER TRANSACTIONS [RESTRICTIONS ON STATEMENTS] ORDER 1976) THE STATUTORY RIGHTS OF THE BUYER ARE NOT AFFECTED BY THESE CONDITIONS.
(x) Save for liability for death or personal injury resulting from negligence of the Seller the Seller's aggregate liability under any one claim or under the total of all claims arising from any one act or default of the Seller howsoever such claim or claims arise (be it by negligence, breach of contract, misrepresentation or otherwise) shall in no circumstances exceed one and a half (1.5) times the Price of the Goods which are the subject of the claim.
1.1 In these Conditions:
“Buyer” means the person who places an order for the Goods from the Seller. “Conditions” means these standard terms and conditions of sale and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
“Contract” means the contract for the purchase and sale of the Goods. “Delivery” means the actual or deemed delivery of the Goods in accordance with Clause 6.
“Delivery Address” means the place where the Goods are to be delivered as specified in the Order Acknowledgement.
“Director” means a main board director of the Seller.
“Distance Contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communications up to and including the moment at which the contract is concluded.
“Goods” means the goods (including any instalment of the goods) which the Seller is to supply in accordance with these Conditions.
“Order Acknowledgement” means the acceptance in writing by the Seller in response to the Buyer’s order, to sell the Goods in accordance with the Seller’s quotation.
“Seller” means TOR STONE LIMITED of Tor View, Edgarley Road, Glastonbury, BA6 8LE, England.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2. BASIS OF THE SALE
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any order of the Buyer which is accepted by the Seller by way of the Order Acknowledgement, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in writing by a Director of the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by a Director of the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical or clerical errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.6 Any orders placed by customer who then recieve the goods then want a refund through no fault of Tor Stone Ltd will be subject to a 50% restocking charge.
2.7 All sizes are estimated and Tor Stone cannot be held responsible for any sizes stated on the website.
2.8 Due to the hand made design all products may vary in colour and size from the pictures shown on our website.
2.9 All unwanted items must be returned with 30 days at the customers expence.
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by way of Order Acknowledgement.
3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the Order Acknowledgement.
4. PRICE OF GOODS
4.1 The Price of the Goods shall be the price quoted by the Seller and confirmed in the Order Acknowledgement.
4.2 The Seller reserves the right, by giving notice to the Buyer at any time before Delivery to increase the Price of the Goods to reflect any increase in the cost to the Seller due to any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 Except as otherwise stated in the Order Acknowledgement all prices shall be ex-works the Seller and the Buyer shall be liable to pay the Seller’s charges for any transport, packaging and insurance.
4.4 The UK website price includes Value Added Tax (VAT). Orders placed for delivery outside the UK may exclude other taxes including but not limited to import duties which the Buyer shall be additionally liable to pay for.
5 Any deposits paid to Tor Stone Ltd are non refundable at any stage.