Every piece of stone and wood we use is unique in its grain and texture,that is why no two pieces are alike, making the final look so interesting and special.
Stone flooring will vary marginly in size and variations in grain and shading will occur including any stone samples requested. Any samples sent out are only indications as to the character of the goods and should not be taken as final reference as variations will occur from piece to piece when they are quarried and polished. None of these irregular features or characteristics constitute defects in the stone. Although we have tried to be as accurate as possible in reproducing the colour of the products in this website we strongly recommend that they are viewed in our showroom.
Terms and Conditions of Sale
Definitions
The Company
Hopton Works Ltd
The Contract
The contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these conditions.
The Customer
The person or persons who have signed the order form.
The Goods
The products detailed on the order form.
The Order
The order placed by the Customer for the Goods and where applicable their installation.
The Order Form
The form overleaf that incorporates these conditions and specifications.
Price
The total price of all goods, services and taxes shown on the Order Form.
Delivery Date
The date notified to the Customer by the Company subsequent to the order being placed.
1. Basis of Sale
All Contracts between the Company and the Customer shall be subject to these and only these terms and conditions of sale. No variation, waiver or addition to these conditions shall be binding unless agreed in writing and signed both the Company and the Customer.
2. Orders and Specifications
2.1 It is the Customers responsibility to check that all details of the Order are correct. The Customer will sign the Order as acknowledgment of its accuracy.
2.2 The quality, quantity and specification of the Goods shall be those set out in the Order Form, subject always to the following:
2.2.1 The Goods supplied are natural materials and are subject to their natural markings, veins, variations in colour, shading, texture and size, cracks and vents. They are supplied clamped, stopped or reinforced where necessary. Such features are not faults or flaws and do not reduce the quality of the Goods.
2.2.2 All samples, descriptions, pictures and the like are for general guidance only and do not form part of the Order.
2.2.3 All thickness measurements quoted are estimates and actual thickness measurements are subject to reasonable variation.
2.2.4 Goodssupplied on orders subsequent to an original order for the same item may not match the original due to natural variations.
2.2.5 Goods may change appearance through normal wear and tear, natural maturing or humidity fluctuations.
3. Price
3.1 The price for the goods is the price stated in the Order. All goods and services will be subject to VAT as applicable.
4. Terms of Payment
4.1 The Customer will paythe Company 50% of the Price with the Order as a deposit.
4.2 Payment of the outstanding balance of the Price must be made before delivery of the goods. The Customer cannot request cancellation of the Order unless it pays the losses and costs suffered by the Company as a result of cancellation.
4.3 No payment shall be deemed to have been received until the Company has received cleared funds. The Customer shall not be entitled to withhold payment for any reason.
4.4 The Company reserves the right to charge interest at the annual rate of 3% above Lloyds Bank plc base rate on unpaid balances (whether before or after any judgement).
4.5 The Company reserves the right not to deliver the Goods in the event of non-payment of the Price.
5. Delivery
5.1 Any dates quoted for delivery of the goods are estimated dates only.
5.2 The Company will endeavour to give the Customer at least 10 days notice of the actual delivery date.
5.3 The Company shall not be liable for failure to deliver the Goods if the failure is due to reasons beyond The Company's reasonable control.
5.4 The Customer will take delivery of the Goods when delivery is tendered by the Company unless the Customer shall have notified the Company in writing at least 5 days before the scheduled delivery date that the Customer is unable to accept delivery and the Company has agreed in writing to an alternative delivery date.
5.5 It is the Customer's responsibility to provide reasonable safe proximate access to the premises for the delivery personnel and their vehicle. The Company reserves the right to recover from the Customer any additional or extra ordinary costs incurred in effecting delivery.
5.6 If the Customer does not accept delivery on the scheduled delivery date he shall nevertheless pay the balance of the Price not less than 7 days before the scheduled delivery date as if the delivery had been made. The Customer shall also pay a charge for the return of the Goods to the Company and therefore he shall be liable to the Company for payment of reasonable storage charges (including insurance) incurred by the Company for storing the Goods for a period of up to one month from the date of non-delivery. Thereafter further storage of the Goods will be entirely at the Company's discretion.
6. Risk and Property
6.1 The Customer is responsible for any loss or damage to the Goods once the Goods have been delivered to the Customer or, if the Customer collects, at the time of collection even if at that time the Goods have not been installed.
6.2 The Company retains ownership of the Goods until the Company has received full payment of the Price.
7. Warranties and Liability
7.1 Subject to condition 2.2 above and the conditions set out below the Company warrants that the goods will correspond with their description at the time of delivery.
7.2 The Company 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.
7.3 The Goods are not warranted as to their suitability for any particular environment.
7.4 The Company 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 The Company's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company's approval, incorrect use or type of adhesives, sealants or cleaners.
7.5 Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
7.6 The statutory rights of the Customer dealing as a consumer are not affected by these conditions.
7.7 IMPORTANT NOTICE: TIME LIMIT FOR FURTHER NOTIFICATION OF CLAIMS. The Customer will inspect the Goods following delivery or collection and any shortages or damages to the Goods and any claim under this condition 7 must be notified to the Company in writing within 7 days of delivery or collection failing which the Company shall not be under any obligation to rectify damages unless a time extension is requested by you and agreed by us in writing.
7.8 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 the Company in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the discretion of the Company, refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
7.9 Subject to this condition 7, the following sets out the entire financial liability of the Company (including any acts or omissions of employees agents or sub-contractors). Except in respect of death or personal injury caused by the Company's negligence or fraudulent misrepresentation,
7.10.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these conditions shall be limited to the Price except as expressly provided in these conditions.
7.10.2 the Company shall not be liable to the Customer for any losses which are not a foreseeable consequence of a breach of these conditions (such as loss of use, loss of profit, loss of opportunity), costs (including legal costs), expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of the Company, its employees, or agents or otherwise) which arise out of or in connection with these conditions.
8. Insolvency
8.1 The Company may without liability or notice and without prejudice to its rights, at its discretion wholly or partially cancel the Order between the Company and the Customer for the supply of the Goods and/or suspend or cancel delivery if:
8.1.1 the Customer does not make payment as stated in condition 4.1 and 4.2;
8.1.2 the Customer is the subject of a bankruptcy order or petition;
8.1.3 the Customer dies or by reason of illness or mental incapacity is incapable of managing his or her own affairs or becomes a patient under any mental health legislation;
8.1.4 a creditor take possession of any of the Customer assets;
8.1.5 the Customer is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986;
8.1.6 the Customer makes any composition with his creditors; or
8.1.7 being a company placed in liquidation or suffers a receiver to be appointed.
The Customer may cancel the order if the Company suffers any of the events in clause 8.1.7.
9.
General
9.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at their respective addresses referred to on the Order Form. The notice will deemed to be served at the point of leaving the notice at the address or if sent by first class post, four days after posting.
9.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
9.4 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company. This consent will not be refused without good reason.
10.5 The parties do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10.6 This agreement contains the entire understanding between the Company and the Customer in connection with the Order and no representations warranties or undertakings expressed or implied made by or on behalf of the Company shall give rise to any liability on the part of the Company unless contained in this agreement.
10.7 The Contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.