TERMS & CONDITIONS OF SALE
If you are a consumer, you have certain statutory rights regarding the return of defective Goods and claims in respect of losses caused by our negligence or failure to carry
out our obligations. These Terms and Conditions shall not affect your statutory rights. Please also be aware that if we have excluded any instruction regarding the
application of our products, then the consumer should not assume that the products are fit for any application, and professional advice should be sought.
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods or Services.
“We” and “us” means Strathearn Stone and Timber Limited (SST Ltd). “You” means the customer/purchaser.
“Both of us” means Strathearn Stone and Timber Ltd and the customer/purchaser.
“Delivery Address” means the address at which we agree to deliver the Goods.
“Goods” means the goods which we agree to provide to you on these terms.
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
“Price of the Goods” means the price for the Goods exclusive of VAT and delivery.
“Total Price” means the price for the Goods and delivery, exclusive of VAT.
2. ORDER AND SALE
2.1 You order and agree to buy, and we agree to sell, the Goods and Services at the Price, subject to these terms and conditions.
3. APPLICABLE TERMS, CONDITIONS AND REPRESENTATIONS
3.1 These terms are the only terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
3.3 This Agreement replaces and supersedes any prior written or oral agreement, representations or understandings between us (including our sales staff) in respect of the Goods and Services.
3.4 It is your responsibility to check that all the details relating to your order including measurements made by yourself, or us, are correct and that the Goods chosen are suitable for their intended
use. Should you require any Health and Safety advice regarding the Goods, a specific request should be made in writing to SST Ltd.
3.5 It is important that you check measurements carefully. An order should always include an additional 10% for stone tiles (of which 3% is allowed for incrate breakages) and 5% for timber flooring to
allow for wastage to cover cutting and minor imperfections. If you do not order enough, subsequent Goods (due to them being natural products) may not be exactly the same as the original Goods.
3.6 We can provide estimates of quantities of Goods but this will be based on general guidelines only. It is your responsibility to ensure that you have ordered the correct quantity of Goods and we
will not be responsible for any shortfalls or surpluses.
3.7 You confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us or any of our staff (or anyone else) that is not expressly
incorporated into this Agreement in writing and signed by both of us. In particular, nothing said by any of our staff or representatives about the nature or quality or suitability of the Goods is part of
this Agreement or varies this Agreement.
3.8 We do not give any warranty as to the suitability of the Goods for any given environment. Any advice given by us or our staff relating to product suitability is given in good faith and should be used
as a general guide only, unless incorporated into the Agreement and signed by both of us. The implied warranty of merchantability and implied warranty for fitness for purchasers’ particular purpose
are hereby disclaimed. The entire risk to useful life, durability or otherwise of the material (which can be affected by installation, misuse, handling, location, etc.) is with the purchaser, to the extent
that they are beyond the control of SST Ltd.
3.9 We cannot accept liability for any typographical error or omission in any print or web document.
3.10 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restrains or delays affecting
suppliers or transportations to us.
3.11 In the case of trade customers, you confirm that these are the only terms of the agreement between us; and any provisions upon which you purport to purchase, including those on any of your
purchase orders, or confirmations of order or similar documents or forms, do not apply to this agreement between us.
4. DESCRIPTION AND SALES
4.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2 You acknowledge that the Goods are natural and variation will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view
as much of the Goods as possible before entering into this Agreement. The very nature of non-calibrated stone tiles means that it is not possible to provide a smooth and level floor or wall covering.
4.3 You should be aware that all of the stone Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
5.1 The Total Price is exclusive of any value added tax, which you must pay in addition.
5.2 We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase
of the costs of materials and such like.
5.3 Prices quoted are applicable to the quantity specified by the customer at the time of quotation. In the event of orders being placed for lesser quantities than in the initial quotation, or if there is a
change in specifications, delivery dates, or delay is caused by your instructions or lack of instructions, we shall be entitled to adjust the price of the Goods as ordered to take account of the variations.
6.1 Our payment terms are 50% deposit on materials at placement of the order. The balance of payment is required for the Goods prior to delivery. Please note that we will not arrange delivery until
we are in receipt of cleared funds. Payment for services are due within 7 days of invoice date.
6.2 We accept most major credit and debit cards.
6.3 Proof of qualification for reduced or zero rating for VAT must be supplied before commencement of any supply and installation agreement between us otherwise VAT at the current rate will be
6.4 Any late payments will be subject to a 5% surcharge on the full invoice total. All discounts will be removed and payment for the full balance will be sought as well as all legal and associated costs to
recover the outstanding debts. (Debt recovery agents levy a minimum of 15% of the outstanding monies owed, which will be added onto the current total owed to SST Ltd).
7. DELIVERY AND COLLECTION
7.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. Delivery times cannot be guaranteed.
7.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerbside. The driver will not handle the Goods (unless
instructed by SST Ltd). The customer will provide at their own expense adequate and appropriate equipment or manual labour for unloading the goods. The customer shall be responsible for
arranging offloading of vehicles without due delay during normal daytime working hours at the final destination shown in the sale confirmation. Failure to do so shall result in the customer being
liable for any extra cost for demurrage, rent, insurance premiums or any other charges arising due to unloading delays.
7.3 Goods transferred into the customer’s property or deposited outside are entirely at the customer’s own risk. SST Ltd do not accept any liability for damage to furniture, wall or floor coverings,
artwork, or any other property owned by the customer or third party at the place of delivery.
7.4 You must make us aware of any access restrictions or difficulties for a large van or lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the
off-load and sign for the Goods.
7.5 The cost of delivery is in addition to the Price.
7.6 If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any redelivery or storage charges.
7.7 We do not accept returns, and as such you or your installer should ensure that correct quantities/materials are ordered.
7.8 You may only collect your Goods from our warehouse by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange
transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.
8. RISK AND PROPERTY
8.1 The Risk (of, for example breakage, loss and damage) in the Goods will pass from us to you on delivery or (if you decide to collect the Goods) from point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment of the Total Price (plus VAT, if applicable) in full in cleared funds.
9. UNPACKING, STACKING AND STORING
9.1 Stone products: care needs to be taken when unpacking the Goods as the spacers may need to be removed from packaging before the Goods are lifted out. The Goods should always be stacked
and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or (if you decide to
collect the Goods) after collection.
9.2 Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
9.3 Timber products: Site conditions are extremely important and can have a significant impact on timber products. We recommend that at the time of delivery the overall fabric of the building,
storage area and area of proposed installation should be thoroughly dried out so that there are no visible signs of moisture or condensation and that all wet work has been completed. All timber
products should be stored flat, raised off the floor, in a dry and warm environment. Ambient conditions should be within the temperature range of 15 to 27degrees centigrade and 35 to 50% relative
humidity. Timber flooring must be left to acclimatise on site in the ambient conditions where it is to be fitted (BUT only if the conditions are correct) for as long as possible before installation. Never
acclimatise timber products over a floor screed that has not been proven to be sufficiently dry enough – this is especially important where the floor screed contains an under-floor heating system. All
joinery products supplied in the white (i.e. untreated) must be suitably primed without delay after receipt and receive a further two coats of top coat within two days. All cut surfaces, particularly end
grain, must be sealed before fixing into position. Water should not be allowed to collect and pool on either external or internal doors at any time during their period of storage. These products should
be installed immediately on delivery providing site conditions are favourable.
10. EXAMINATION AND ACCEPTANCE
10.1 If you are acting in the course of your business, clause 10.2 applies. If you are not acting in the course of your business (i.e. you are a consumer), then clauses 10.3, 10.4 and 10.5 apply.
10.2 You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you
must notify us within 48 hours of delivery or collection (as the case may be) for collection, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If you do not
reject them within this time, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all the
others terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
10.3 If the Goods are not the correct type, of satisfactory quality and undamaged and you notify us within 7 days (starting on the day after the day of delivery or on the day after the day of collection,
as appropriate), you will be entitled to reject them and we will either refund to you the Total Price (plus VAT if applicable) or make available replacement Goods (at your option). If you opt for
replacement Goods and you paid for delivery of the original Goods, we will deliver the replacements to you; if you collected the original Goods, we will make the replacements available for collection
10.4 If an incorrect amount of the Goods is delivered or collected and you notify us within 7 days, we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods.
10.5 You will be deemed (assumed) to have accepted the Goods if you have not returned them to us or informed of us of their rejection within 7 days, or if you have installed them.
10.6 We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note and take
photographs (if possible), as this will enable us to make a claim against our carrier. Please note that you will still be required to notify us under clause 10.2 or 10.3 and/or 10.4 (as applicable).
11. LIMITATION OF LIABILITY
1.1 If you are acting in the course of your business, clause 11.2 applies (and clause 11.3 will not apply). If you are not acting in the course of your business (i.e. you are a consumer) then clause 11.3
shall apply (and clause 11.2 will not apply).
11.2 We will be liable to you if you tell us about any shortfall, damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. If you so notify us, our only
obligation to you will be (at our option):
11.2.1 to make good any shortage or non-delivery; or
11.2.2 to replace or repair any damaged or defective Goods.
11.3 If you tell us about any shortfall, damage or defect in the Goods within the 7 days after delivery or collection (as appropriate) our only obligation to you will be (at your option):
11.3.1 to make good any shortage or non-delivery; or
11.3.2 to replace or repair any damaged or defective Goods; or
11.3.3 to refund to you the amount paid by you for the damaged or defective Goods however we choose.
11.4 For the avoidance of doubt, we will in no event be liable to you unless you are able to demonstrate to our reasonable satisfaction that there was a shortfall of, damage to or a defect in the
11.5 Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge which may be of use to you. We will therefore only be liable to you if we have not provided you
with the quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6 Our total liability to you (whether in contract, tort, (including negligence and breach of statutory duty), misrepresentation, restitution or otherwise) will be limited to Price of the Goods. We will
not be liable to you for loss of profits or loss of business, depletion of good will or for any indirect or consequential loss or other consequential compensation. For example, we will not accept any
liability in respect of lost working time or the cost of third party contractors. We cannot be liable to you if you do not install the Goods correctly using the correct base, sealant and installation
11.7 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our
negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
11.8 Manufacturing of doors, windows and special products. A final manufacturing schedule will be signed by the customer authorising manufacture. Once the product is under construction, the
purchaser, or designated agent, is fully liable for these instructions, and the product will be delivered as specified. Payment in full should be made for these goods at the time of ordering. We reserve
the right to decline to manufacture any special product at any stage. SST Ltd is entitled to assume that all drawings, descriptions, specifications or other information supplied by the customer to SST
Ltd, is in all respects complete, accurate and entirely suitable for the customers’ requirements. As such SST Ltd shall have no responsibility for the performance, suitability or durability of the Goods or
any materials or workmanship comprised therein to the extent that the same is manufactured in accordance with the customers designs, drawings, standards or specifications.
12. FIXING PRODUCTS AND INSTALLATION
12.1 Any advice given by us or our staff relating to fixing products and installation is given in good faith and should be used as a general guide only as we may not have carried out a survey of the place
of installation of the Goods and cannot therefore be sure that our advice is correct. You may not therefore rely on this advice. It is your responsibility to purchase the correct fixing products for the
environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
12.2 To allow for seasonal variations in temperature and different levels of heating an expansion gap of 10-15 mm should be left around the perimeter of the floor with the skirting laid on top. If
existing skirtings are left in place, a beading strip can be fitted or the gap filled with a suitable flexible product.
12.3 We believe that the installation of flooring products over under-floor heating systems is a specialised service and as such we only support the performance of our products if we also carry out
their installation using our in-house experienced fitters. If you wish your own contractor to install our products over under-floor heating, the following points should be considered prior to installation:
12.3.1 The moisture content and condition of the sub floor should be assessed to the appropriate British Standard by your contractor prior to fitting stone or timber overlays. It will be your
contractor’s responsibility to ensure that he has the appropriate knowledge and understanding of the British Standards prior to accepting fitting these goods on your behalf.
12.3.2 Appropriate use of expansion gaps, shear joints, room breaks and incorporation of decoupling membranes should be designed into the floor structure as appropriate.
12.3.3 All timber products should be stored and tempered over the heated and dry subfloor for a suitable period of time prior to installation.
12.3.4 If fitting as a floating floor, timber floorboards should be glued with a suitable tongue and groove adhesive continually along the joint line. The installation method should incorporate
appropriate joint clamping and tensioning.
12.3.5 We do not recommend covering timber flooring installed over an under-floor heating system with carpet or rugs (if you know where a rug will be, omit heating in this area).
12.4 SST Ltd cannot be held liable for the installation of the Goods or for damage caused during or arising out of installation carried out by third parties not related to Strathearn Stone and Timber
13.GENERAL WHEN USING THE INSTALLATION SERVICE SUPPLIED BY SST LTD.
13.1 The customer must ensure that all white goods are removed from the area where works are to take place. It is also the responsibility of the customer to replace these goods into their
appropriate positions within their household. The Staff of SST Ltd are instructed not to move any articles within a customer’s property.
13.2 The customer must ensure that all floor coverings, artworks and furniture are removed from the area of work and should also not hinder movement of Goods or staff of SST Ltd to the area of
13.3 The customer must ensure that the area of works is in a clean and hygienic state of repair prior to commencement of work.
13.4 The customer must ensure that there is adequate lighting, power and water available on site.
13.5 The customer is responsible for the disposal of waste material and packaging material. SST Ltd is able to organise disposal through the Hippo Bag Waste Scheme but will require prior warning to
arrange bag delivery and subsequent collection of waste at the customers’ expense.
13.6 The customer is responsible for identifying all services and clearly identifying them to our fitters on site.
13.7 Any additional works should be agreed prior to their commencement and costs agreed with the client and SST Ltd. Unless agreement is reached the works will be stopped and no further work
will continue until all parties are satisfied with the contractual arrangements.
13.8 The customer must ensure all subfloors are smooth and level prior to flooring installation. SST Ltd will not level floors unless by prior agreement. This work may be sub-contracted to a third party
if necessary at extra cost to the customer.
13.9 The customer must ensure that the skirting board is of a suitable thickness (18mm or more) to cover the expansion gap at the perimeter of the room.
13.10 If site conditions do not allow the immediate commencement of works, as scheduled, our joiners/fitters are under instruction to return to our central office. We retain the right to charge an
additional fee of £250.00 plus VAT per lost working day. This fee will be payable in advance to the recommencement of works. If multiple return visits are required due to factors beyond the control
of SST Ltd, applicable travel costs will be applied to the account. If delays are caused by other trades, this may have a knock-on effect on the completion of any contract undertaken by SST Ltd. We are
unable to guarantee that the work that SST Ltd are responsible for will recommence at the short term convenience of the customer. Works can only be accommodated as our daily contract diary
allows. Should multiple return contracts be entered into, staged payments will be requested for the works carried out to date.
13.11 Customers should be aware that the installation of both stone and timber floor coverings will entail disruption to the general running of the customers’ household. In particular, the application
of sealants to both media will render these areas out of action for a number of hours/days. We advise that alternative arrangements be made for access or accommodation during this period.
13.12 Individual stone tiles or pieces of timber that have been installed by SST Ltd and that the customer does not wish to be incorporated into the overall project design simply because the customer
does not like their colour or the natural variation of the product, can be removed and replaced; however the customer accepts to cover all costs involved in such work.
14. THIRD PARTIES
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.
15. Data Protection