General Information, Terms and Conditions - Natural Stone Yard, close to M50 Dublin Ireland
TIPS, DELIVERY & TERMS
See more product guidelines on our HANDY TIPS PAGE
DELIVERY INFORMATION AND RETURNS POLICY
Please take time to read the following carefully before placing an order.
Delivery service - Monday to Friday, Leinster area only.
Delivery rates vary on distance and will be quoted on request. Guideline of rates available in office.
Our trucks that deliver the goods are the approx. size of a standard dustbin lorry.
Are there access problems to your property? If yes, goods will only be dropped to your roadside or pathway.
If you choose to avail of our delivery service only a day will be promised for delivery meaning any time from 7.30am - 6.00pm. Any deviation ie: am if possible or pm if possible is purely a gesture to try and accommodate specific requirements and absolutely no guarantee. Please understand this is to help us run our delivery service as efficiently as possible for you the customer.
Products can only be placed within the limitations of the crane. Under no circumstances will the driver crane products over vulnerable areas ie: cars, garages or fences etc.
* If the above does not meet your requirements please feel free to organise your own transport for delivery or collection.
Natural Stone Yard would recommend for you to accurately measure on site before ordering materials, if in doubt underestimate. We often find that dimensions used for the initial project are significantly changed on site.
Natural Stone Yard do not accept returns on any materials ie. ( Paving,Chippings, Grout,Kerbs, Building Stone,Cobbles etc) Natural Stone Yard do not accept excess quantities of over ordered materials or where a customer simply changes their mind. Non-Negotiable.
NOTE: MEASURE TWICE, ORDER ONCE, NO RETURNS.
TERMS AND CONDITIONS
Please take time to read the following carefully before placing an order.
Terms and Conditions of Natural Stone Yard (The Ward) Limited (trading as Natural Stone Yard) (“hereinafter called “the Company”).
Please read these Terms and Conditions carefully as the order to purchase any goods from the Company will be subject to these Terms and Conditions and any terms and conditions appearing in your order which are inconsistent with these Terms and Conditions shall have no effect.
Any variation of these Terms and Conditions will become binding only if confirmed in writing by the Company.
By ordering goods from the Company by any means, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions then you must not order goods from the Company.
- Conditions and Warranties
1.1 Goods are supplied subject to natural formation characteristics, colour and marking variations. You acknowledge that variation and colour and textures are unavoidable due to differences in natural stone deposits and the Company accepts no responsibility for colour variation, fading or discolouration which may occur for any reason whatsoever.
1.2 The Company accepts no responsibility for the cleaning or sealing of the goods.
1.3 Any sample goods shown are intended only to indicate the general colour and quality without any guarantee warranty or condition whether express or implied by common law, statute or otherwise is given by the Company as to the colour and/ or quality of the goods.
1.4 You agree and accept that (a) all express and/ or implied conditions, warranties, liabilities and/or representations on the part of the Company in relation to any of the goods to be supplied by the Company are excluded to the maximum extent permitted by law, (b) in respect of any liability which the Seller cannot exclude the Company’s liability is limited, at its option to, the replacement of the goods, or a refund or credit of the cost of the goods, and (c) subject to non-excludable rights conferred on you by law, no claims in respect of goods supplied by the Company shall be recognised by the Company unless notified by you to the Company in accordance with Condition 8.2.
1.5 You agree and accept that no guarantee, warranty, condition and/or representation whether express or implied by common law, statute or otherwise is given by the Company that the goods supplied or to be supplied are fit for any particular purpose or for use under any specific conditions whether or not such purpose or use may be known or made known to the Company.
2.1 All quotations are subject to confirmation in writing by the Company on receipt of your order and shall only be open for acceptance within 30 days of the date of the quotation or such longer period as the Company may agree.
2.2 The price quoted on our quotation relates only to such goods as are stated therein.
2.3 All quotations are made on that basis that sales are by description and not by sample.
3.1 Where materials are required to comply with a particular specification the request for a quotation by the Company must be accompanied by sufficient information to enable the Company to proceed with the order following acceptance of a quotation.
4.1 No contract shall come into existence until your order (however given) is accepted by the earlier of:-
(i) the Company’s acceptance in writing; or
(ii) delivery of the goods; or
(iii) the Company’s invoice.
4.2 The supply of goods is subject to stock availability. The Company reserves the right to suspend or discontinue the supply of goods to you. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A refund will be given on request where you have already paid for the goods.
5.1 The prices are inclusive of value added tax at the applicable rate.
5.2 The price includes all packaging.
5.3 Should the cost of imported stone (from date of quotation to actual date of arrival) exceed the quotation the Company may charge this additional amount on production of supporting documentation.
5.4 The Company may at any time change its price to reflect, among other things, changes in the applicable rate of value added tax and exchange rates or the imposition of any duties, levies or other taxes and you shall be bound by those changes. The Company will endeavour to notify you of any price changes there may be from time to time but it is your responsibility to check the price of the goods at the time of ordering.
- Terms of Payment
6.1 Unless you have an approved credit account with the Company, payment in full must be made before the goods are delivered or collected. The Company is not obliged to deliver any goods unless and until payment in full has been made.
6.2 If you have an approved credit account with the Company, all invoices are payable within 30 days of the date of the invoice or earlier if the approved credit limit is exceeded.
6.3 The Company shall be entitled to charge interest at the rate of 2% per month on overdue payments.
6.4 You are not entitled to withhold payments because of any dispute or claim and all payments must be made without any deductions, withholdings or set off whatsoever.
6.5 If the Company takes credit and debit card details as a means of payment, to ensure that your credit or debit card is not being used without your consent, the Company may at our discretion validate the name, address and other personal information supplied by you during the order process against third party databases. By accepting these Terms and Conditions you consent to standard pre-authorisation checks being made to ensure there is sufficient funds to fulfil the transaction. All information provided by you will be held securely and strictly in accordance with the Data Protection Acts 1988 and 2003.
7.1 Deliveries upon request will be made to the delivery address nominated on the delivery document.
7.2 If a delivery date is specified, that date is an estimate only. Time is not of the essence in relation to delivery and you must accept delivery and pay for the goods including transport costs (if applicable) even if the goods are delivered after any specified delivery date.
7.2 The Company will make every effort to deliver the goods on the specified delivery date; however, delays are occasionally inevitable. The Company shall not be liable for any losses sustained by you whatsoever for any delay in delivery.
7.3 The Company in its absolute discretion may by their employees, agents or carriers at your request place the goods at a designated location on the place of delivery. If the Company’s employees, agents or carriers enter the place of delivery for this purpose it shall be deemed to do so at your invitation and you warrant that you are authorised to invite the Company’s employees, agents or carriers onto the place of delivery. You agree and accept that the Company and the Company’s employees, agents or carriers are not liable, and if you are not the owner of the place of delivery, agree to indemnify the Company and the Company’s employees, agents or carriers for any damage, loss or injury to the goods or to any other property of whatsoever nature or to any person, cause or contributed to by the Company’s employees, agents or carriers while the Company’s employees, agents or carriers are complying with your request to deliver the goods to a designated location on the place of delivery.
7.4 In the event that the availability of the goods or the delivery thereof, whether by the Company or by an independent carrier, be prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strike or lock out, industrial dispute, shortage of raw materials or fuel notwithstanding that the Company has taken all reasonable steps to procure the same, breakdown or partial failure of plant or machinery, acts, orders or regulations of any Government, delay on the part of any sub-contractors or suppliers, or any other cause whatsoever beyond the reasonable control of the Company, then the time for delivery of the goods shall be extended for a reasonable period having regard to the effect of the delay caused on the availability or delivery of the goods. If the availability of the goods or the delivery thereof is still prevented or hindered at the end of that period, the Company may cancel any deliveries not made.
7.5 The Company has no responsibility for the collection and/or removal of empty crates/ packaging in which the goods are supplied. However, if you wish to return empty crates to our depot during normal business hours the Company will accept them provided they are not broken up and are re-useable. If the crates are broken and/ or unfit for use and/ or contain debris or rubbish of any description the Company shall not accept them. You shall be responsible for the transport of empty crates to our depot.
- Inspections, Shortages and Damage
8.1 You must inspect the goods at the time of delivery.
8.2 Any claim in relation to shortages, damage, discrepancies and/ or that the goods are not in accordance with these Terms and Conditions must be made at the time of delivery to the Company and the Company’s employees, agents or carriers before such party leaves the place of delivery. If you fail to make a claim then, to the extent permitted by law, the goods are deemed to have been accepted by you and you must pay for the goods in accordance with these Terms and Conditions.
8.3 No remedial works should be undertaken by you to remedy any damaged/ defective goods without the written consent of the Company. Where a claim for remedial works arises, the Company will not accept any costs arising from such works whether carried out by you or a third party unless previously agreed in writing by the Company.
8.4 Provided the Company has been notified in accordance with Condition 8.2 above and no dispute arises regarding any shortages, damaged/ defective goods and the goods are returned to the Company, the Company will replace the damaged/ defective goods as soon as practicable or at the absolute discretion of the Company apply a refund or credit in relation to any damaged/ defective goods.
8.3 No replacement, refund and/ or credit relating to any shortages, damage and/ or discrepancies will be applied by the Company after the delivery document has been signed by you unless notification in accordance with Condition 8.2 above.
8.4 If the price includes delivery, we will replace free of charge goods damaged in transit, provided we receive notification in accordance with Condition 8.2 above and damaged goods are returned to us immediately. The Company accepts no responsibility for the delay in the delivery of or any shortages, damage, discrepancies to the goods where (a) third party carriers have been used or (b) where you have provided your own carrier and arranged your own delivery.
8.5 The Company will not be held responsible for care of the goods after delivery.
8.6 The Company will have no liability for any loss, damage or expense whatsoever arising from damaged/ defective goods unless the Company is notified in accordance with Condition 8.2 above and damaged/ defective goods are returned to us immediately.
8.7 All complaints must be made in writing to the Company.
9.1 The Company will not accept returns of any goods and in particular, the Company shall not accept returns of any excess goods ordered and unused and/ or where you change your mind.
9.2 The Company recommends you to accurately measure the quantity of goods required.
10.1 If you purchase our goods for the purpose of re-sale in the course of trade and/or your business, you undertake with the Company not to make representations to and/or to give guarantees to your customers more extensive than those made or given by the Company.
- Passing of Risk and Title
11.1 Risk in the goods passes to you when they are delivered to you or collected by you or your agents, employees or carriers.
11.2 You must insure the goods at your expense on behalf of the Company to their full replacement value against such risks as are usual or common to insure against in a business of a similar nature to the Company until such time as title passes to you.
11.3 Legal and beneficial title in the goods supplied by the Company to you will remain with the Company and does not pass to you until such time as the amount due under the invoice for the goods together with all other sums owed by you to the Company have been paid in full. Until the goods have been paid for in full and title passes to you, you take custody of the goods and retain them only as bailee and trustee for the Company.
11.4 The Company may maintain an action for the price of any goods notwithstanding that title in the goods has not passed to you.
11.5 Until the goods have been paid for in full and title passes to you, you may sell the goods, in the ordinary course of your business, but only as fiduciary agent of the Company. You agree and acknowledge that you receive all proceeds of sale, including any proceeds of insurance claims, in trust for the Company and the Company shall be entitled to the proceeds as is equal to the amount owing by you to the Company at the time of receipt of the proceeds. You must not represent to any third party that you are acting in any capacity for or on behalf of the Company and you have no authority to bind the Company to any contract or otherwise assume any liability for or on behalf of the Company. If you use the goods in some manufacturing or construction process of its own or of a third party, you must hold in trust for the Company that part of the proceeds of sale of the manufacturing or construction process as is equal to the amount owing by you to the Company at the time of receipt of the proceeds.
11.6 If before title passes to you, you have a petition for winding up or administration or examinership presented or pass a resolution for voluntary winding up or has a receiver or liquidator appointed or convenes a meeting of or comes to any arrangement with creditors or become bankrupt, then the Company may, without any liability to you, terminate this Contract and repossess and use or sell any of the goods and by doing so terminate your right to use, sell or otherwise deal in them and for that purpose or determining what if any goods are held by you and inspecting them, enter any premises of or occupied by you and until title passes, the entire proceeds of sale of the goods shall be held in trust for the Company and not mingled with any monies or paid into any overdrawn account and shall at all times be identifiable as the Company’s money.
12.1 The Company do not pave nor have any paving contractors employed. Whilst the Company may upon request recommend paving contractors from time to time, the Company has no responsibility for their actions and/or quality of work.
12.1 Any notice invoice or document which the Company has to send to you shall be deemed to have been received by you in the normal course of post if we sent it by ordinary pre-paid post to the most recent address which you have noticed to us for correspondence.
12.2 Any notice invoice or document which you have to send to the Company shall be deemed to have been received by the Company in the normal course of post if you send it by ordinary pre-paid post to the registered office of the Company.
13.1 The Company is not liable for any losses or damages of any kind whatsoever and howsoever arising out of or in connection with the supply of goods, including without limitation any indirect or consequential loss, including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings, arising out of or in connection with the supply of goods even if due to the negligence of the Company or any of its employees, agents or carriers.
13.2 Save in the case of death or personal injury due to our negligence or where we have acted fraudulently, the Company’s total liability to you for any losses suffered by you will be limited to either the amount paid by you for the supply of the goods, or to the replacement of the goods concerned (where the originals are returned to us).
13.3 The above limitations on our liability do not affect non-excludable statutory rights as a consumer.
- 14. Entire Agreement / Waiver
14.1 These Terms and Conditions make up the entire agreement between you and the Company and supersede any prior agreement.
14.2 Any extension of time or failure by the Company to enforce any of these Terms and Conditions shall not amount to a waiver of such provisions.
- 15. Severability
15.1 If any provision of these Terms and Conditions is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.
- Governing Law
16.1 These Terms and Conditions shall be construed in accordance with Irish law and you agree to submit to the non exclusive jurisdiction of the Irish courts in all matters regarding these Terms and Conditions.
- Change to these Terms and Conditions
17.1 The Company may change, modify, add to or delete portions of these Terms and Conditions at any time. Please note that it is your responsibility to regularly review the Terms and Conditions. If you no longer accept these Terms and Conditions or any changes or variations to these Term and Conditions you must not order goods from the Company. Your continued order of goods is deemed to be acceptance of these Terms and Conditions and any changes thereto.