- This contract of sale is for the supply (and, where expressly agreed in writing, delivery) of decking and associated under structure (‘the goods’).
- The Seller is Granite Decking UK Limited of Unit 1 Orpington Business Park, Faraday Way, Orpington, Kent BR5 3AA (‘GDUK’).
- The Buyer is the entity purchasing the goods from GDUK.
- GDUK agrees to sell, and the Buyer agrees to buy, the goods described in paragraph 1 above on the terms set out below and the details set out on the face of the Pro Forma or Invoice.
- These Terms and Conditions are to be the only express terms of contract unless specifically confirmed otherwise by GDUK in writing and they take precedence over any other terms or conditions.
- The price(s) of the goods and the value of the contract are as set out on the face of the Pro Forma or Invoice.
- Prices are net unless expressly stated otherwise by GDUK.
- Prices do not include Value Added Tax (VAT) which is to be added at the rate of VAT in force at the tax point.
- If the Buyer cancels all or part of an order for the supply of goods the Buyer is liable for reasonable costs incurred by GDUK as a direct result of such cancellation.
- Payment shall be made in full prior to supply or delivery or by any later date expressly agreed in writing by GDUK.
- Interest and compensation on late payments accrue, together with liability for recovery costs, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent Orders and Regulations.
- Title in the goods remains with GDUK until payment in full is effected by way of cleared funds.
- GDUK does not warrant that the quantity of any goods ordered is appropriate for any areas of intended use. It is for the Buyer to satisfy himself as to the sufficiency of his order.
- GDUK does not warrant that the goods referred to in paragraph 1 above are fit for any purpose intended by the Buyer or by others.
- The goods are subject to manufacturers’ tolerances.
- Where agreed with order, GDUK will arrange delivery of the goods via a third party following payment in full by way of cleared funds. Any stated delivery timeframes are subject to unforeseen delays from the carrier.
- The Buyer will notify GDUK of the address to which the goods are to be delivered. The Buyer shall arrange for the goods to be accepted at the delivery address, for suitable and safe access, for obtaining any necessary local authority permissions and for moving goods promptly from the kerbside unloading point (unless otherwise stated and agreed) to place of use. The Buyer shall be liable for additional costs if delivery is refused, delayed or buyer has failed to declare unloading and or access restrictions prior to order.
- The Buyer shall indemnify GDUK in respect of any loss or damage caused at place of delivery.
- Shortages / damages must be notified in writing by the Buyer to GDUK within 3 days of delivery or before use – whichever is the earlier. Goods must be checked and inspected before use; no subsequent claims will be entertained.
- Defective goods will be replaced free of charge by GDUK, which shall not be liable for any other claims arising from defects.
- Lead times are a best estimate and stated on confirmation of an order. GDUK cannot be held responsible for delays caused by freight, port authorities or onward carriers.
- Any samples provided by GDUK shall be considered as being indicative only of colour, size or finish and shall not be considered as a binding obligation as to match with goods delivered for use.
- Any dispute, controversy, or claim arising out of or in connection with this contract of sale, or the breach, termination or validity thereof, shall be submitted to the Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the Rules of The Business Arbitration Scheme. Judgment on any award issued under this provision may be entered by any court of competent jurisdiction.
- This contract of sale shall be subject to the laws of England & Wales.
Granite Decking
