These conditions apply to all agreements for the sale of Goods by Us to You, to the exclusion of all other terms and conditions which You may purport to apply under any purchase order or in correspondence elsewhere. “We”, “Us” and “Our” Cornish Lime Company Limited, Brims Park, Old Callywith Rd, Bodmin PL31 2DZ, Company No. 4391187. “You” and “Your” The person seeking to purchase Goods from Us. “Goods” Any materials and products supplied by Us in accordance with these conditions. “Services” Any product processing or development, transportation of Goods, training, consultation, product testing or general advisory work undertaken by Us at Your request, either invoiced or provided free of charge. “Contract” The contract for the supply of Goods and Services incorporating these Terms.
2.1. We shall not be liable to You for any loss arising from or in connection with any representations made by Us or Our employees, except as they appear on the face of this document.
2.2. Where any valid claim is notified to Us, We reserve the right to replace the goods free of charge or, at Our sole discretion, refund You the price of the goods or a proportional part thereof, but We shall have no further liability to You.
2.3. Subject to the provisions of Clause 7 below, any claims for Goods alleged to be defective must be made in writing within 10 days of said defect becoming apparent.
2.4. When notification is so received, We reserve the right to request the return of said Goods or be granted a reasonable opportunity for us or our representative(s) to inspect the works or Goods in situ, and We cannot entertain any claim where any such request has been denied.
2.5. We shall not be liable if the Defect arises from wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, or storage of the Goods in unsuitable conditions.
2.6. We shall not be liable where any Defect would have been apparent on a reasonable inspection at the time of unloading, or where We notified You of any Defect or You identified any Defect prior to use but the Goods were used anyway.
2.7. We shall not be liable for any Defect that has arisen from any Goods manufactured, processed or acquired by Us to Your specification, where the Defect is found to have been as a result of the product formulation, Goods or materials specified by You.
2.8. Limitation of Liability All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent of the law, excluded from any Contract of Sale. Our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in connection with performance or contemplated performance of this Contract shall be limited to the contract price. We shall not be liable to You for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever or howsoever caused, which arise out of or in connection with the Contract
3.1. Except where specific credit terms have been agreed, Goods will not be dispatched by Us until full payment has been received. 3.2. Where specific credit terms have been agreed, failure to pay in full by the agreed date can result in the immediate suspension of trade, and We reserve the right to suspend any pending orders and appropriate any payment to any goods or services as they determine, to charge interest at a rate of 2% per month on any balance outstanding, and to invoice You for any Goods or Services secured or manufactured or performed on Your behalf and hold said Goods until payment has been received in full. 3.3. You will remain liable for payment for all Goods delivered or Services performed on their behalf up to that time, whether invoiced or not.
4.1. Unless otherwise stated all prices are exclusive of VAT, which shall be due at the rate ruling on the date of invoice. We reserve the right, by giving notice to You at any time before delivery, to increase the price of Goods and Services to reflect any increase in the cost to Us due to any factor beyond Our control (such as changes in transportation costs).
5.1. Goods will remain in Our ownership until full payment has been received from You or your agent(s), and are supplied on condition that You grant an irrevocable license to Us to enter any premises to remove Goods which have not been paid for within the agreed terms or where Your right to possession has terminated.
6.1. Orders cannot be cancelled without prior written agreement by Us. 6.2. Where orders have been cancelled, we reserve the right to invoice you for any Customer-specific materials or products that have been secured exclusively for sale to or manufacture of Goods for You, where said materials cannot be reasonably sold or returned elsewhere. 6.3. We will accept returns by You for standard items provided they are returned at Your expense and are fit for re-sale, and this will be decided at Our sole discretion. We cannot accept returns for any mortars, other Goods made specifically to order, expired products or products with limited remaining shelf life. 6.4. Paints once tinted to Your colour preference are very difficult to on-sell, and we reserve the right not to accept any paint returns 6.5. We reserve the right to deduct a handling fee of up to 15% from the total value for refund.
7.1. Risk of damage to or loss of the goods will pass to You on receipt of the goods by You. 7.2. Collection It is required that collections of goods are signed for with a legible signature by You or Your representative(s), who then accepts responsibility that the goods are received in good order. 7.3. Delivery Delivery charges will be clearly shown on the invoice. 7.4. Delivery Times are given in good faith, but are estimates only and shall not be of the essence of the Contract. 7.5. Goods must be signed for by You or your representative(s), and the signature must be clearly legible on the delivery documentation. 7.6. If You wish to instruct Us to deliver goods in your absence You must notify in writing (email or letter) prior to the agreed delivery date. In this instance You accept full responsibility for the goods once delivery has taken place and in this instance We cannot accept responsibility for delivery to the incorrect address. 7.7. Where a delivery is attempted and no-one is present to receive the order, nor can We contact You and the Goods are returned to the depot for re-delivery, a second delivery charge may apply. Any additional costs for re-delivery will be Your responsibility alone. 7.8. Any claim by You which is based on any alleged defect in the quality or condition of the goods or failure to correspond with the general specification shall be notified to Us no later than 48 hours from the time of delivery or receipt of the goods by You. If You do not notify Us accordingly, You shall be deemed to have accepted the goods and shall not be entitled to reject them.
8.1. We accept no responsibility for any natural variations between batches of sands or aggregates, and We strongly advise that, where colour inconsistencies may otherwise impact on the final finish, You purchase sufficient material in the first instance to complete all works. Before ordering paint products, We strongly recommend first purchasing a paint swatch or sample. 8.2. Paint and Mortar colours as shown on Our website are indicative only, and colours displayed on screen may not accurately reflect the finished colour of the product.
9.1. All material quantities used on site are dependent on worksite conditions and practices, and as such We do not stipulate quantities but only provide consumption guidelines. 9.2. You are responsible for ascertaining quantities required and the suitability of the Goods for their purpose. Any estimates of quantities, or advice on the suitability of any Goods for any particular purpose provided by Us is given without liability. By placing an order You acknowledge that You do not rely on any representations made by Us.
We recommend that You adhere to safe workplace practices, observe all related Hazard and Precautionary statements, and uses the appropriate Personal and Protective Equipment for the Goods provided. Further advice, information and guidance on all Goods is available from Us where required.
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