1. Basis of Sale
1.1 The Contract is between Cargo Granite of 15 Sunbeam Road, Woburn Road Industrial Estate, Kempston, Bedfordshire MK42 7BY and the person who accepts the quotation from Cargo Granite for the sales of the goods or whose order of the goods is accepted by Cargo Granite ("the Customer")
2. Orders and Specifications
2.1 On receipt of an order in way of deposit paid from a Customer, Cargo Granite will issue suitable materials to the Customer to confirm the relevant specification details and measurements in a diagram to ensure that their order correctly reflects their requirements. It is the responsibility of the Customer to provide the diagram, signed and returned to Cargo Granite.
2.1.1 Where the Customer issues a copy of drawings completed by a 3rd Party, it is the responsibility of the Customer to provide the diagram, signed and returned to Cargo Granite.
2.2 The quality, quantity and specification of the goods shall be those set out in the order form, subject to the following:
2.2.1 All natural materials supplied are subject to their natural markings, veinings, variations in colour, cracks and vents. These are supplied cramped, stopped or reinforced where necessary and no claim on this account can be made.
2.2.2 The exact resemblance's of the product supplied to any samples supplied can not be guaranteed.
2.2.3 Descriptions of material offered are for guidance only and do not imply suitability.
2.2.4 All thickness quoted are nominal and no liability is accepted for reasonable variations
2.3 Selection of the material in its native 'slab' form is available upon request. By way of declination of this offer the Customer accepts Cargo Granite will endeavour to supply a suitable match to the material chosen at time of order.
3. Price of Goods
3.1 The price of goods is the price stated in Cargo Granite's order acknowledgement. Unless otherwise stated all prices are given inclusive of VAT.
4. Terms of Payment
4.1 Customers without an account with Cargo Granite will be required to make payment as follows.
4.1.1 25% Deposit with an order and 55% on booking of Templating.
4.1.2 Final 20% plus any additional extras requested during the order process is payable at time of fitting.
4.2 Customers with an account with Cargo Granite will be required to make payment within thirty days of the date of invoice.
4.3 Cargo Granite reserves the right to charge interest at the rate of 1.5% per month on unpaid balances.
5. Delivery
5.1 Delivery of goods shall be considered by Cargo Granite to be made upon physical delivery by Cargo Granite or collection by the Customer or authorised agent from Cargo Granite
5.2 Any dates quoted for delivery of the goods are approximate only and Cargo Granite shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence of the contract unless expressly agreed by Cargo Granite in writing.
6. Risk and Property
6.1 Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the goods, the time when Cargo Granite has tendered delivery of the goods.
6.2 The property in the goods shall not pass to the Customer until Cargo Granite has received full payment.
7. Warranties and Liability
7.1 Cargo Granite shall be under no liability in respect of any defect in the goods arising from any drawing, design, specification or template supplied by or on behalf of the Customer.
7.1.1 Cargo Granite shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Cargo Granite's instructions (whether oral or in writing),misuse or alteration or repair of the goods without Cargo Granite's approval.
7.2 Any claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with their description shall (whether or not delivery is refused by the Customer) be notified to Cargo Granite within three days from the date of delivery. If delivery is not refused, and the Customer does not notify Cargo Granite accordingly, Cargo Granite shall have no liability for such defect or failure.
7.3 Where any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods or their failure to match their description is notified to Cargo Granite in accordance with these conditions,
Cargo Granite shall be entitled to replace the goods (or the part in question) free or charge or, at the discretion of Cargo Granite, refund to the Customer the price of the goods (or a proportionate part of the price) but Cargo Granite shall have no further liability to the Customer.