Terms and Conditions of Business
1. INTERPRETATION:
In these conditions:
“Buyer” means the person or company who accepts a quotation of the
Seller for Goods, or whose Order for Goods is accepted by the
Seller.
“Seller” means the firm of memorials masons named in the Order.
“Goods” means the memorial described in the Order and any works
(including inscriptions) to be carried out to complete such
memorials.
“Order” means any quotation of the Seller which is accepted by a Buyer or
any Order placed by the Buyer which is accepted by the Seller.
“Monument” means any stone or other material on which work has been carried
out by the Seller.
2. MATERIALS:
Natural quarried materials can vary in colour and texture. All
Goods are sold subject to these natural variations and therefore cannot be
guaranteed identical to any sample produced.
All sizes are approximate and imperial measurements may be converted to
metric or vice versa.
3. DETAILS:
The Buyer should check the details of the Order and the wording
therein of the inscription, carefully. Particular care should be taken in the
spelling of names and the accuracy of dates. Any alteration should be notified to
the Seller within seven days of the date of acceptance of the Order and
confirmed in writing by both parties. The Seller cannot otherwise accept
responsibility for any errors in an inscription on Goods which comply with the
terms of an Order.
4. COMPLETION:
The Seller will endeavour to deliver the Goods or, if
applicable have the Goods available for collection by the Buyer within the time
specified in the Order; but if completion of any works are delayed through
strikes, lock-outs, accidents, non-delivery of materials to the Seller or other
force majeure, a reasonable extension of time will be allowed. Time shall not be
of the essence of the contract unless expressly agreed in writing by the Seller.
5. TITLE:
The Title in the Goods remains vested in the Seller and shall not pass
to the Buyer until the Seller has received, in cash or cleared funds, payment in
full of the price for the Goods.
6. PAYMENT:
A deposit as specified in the order or, if none is so specified,
50% of the Price for the Goods shall be paid by the Buyer to the Seller upon
acceptance of the Order. Until payment is made of that deposit the Seller shall
not be obliged to commence any work, and any date specified for completion of
the Order shall be extended by the period of any delay in payment of the deposit.
On completion of any engraving, but before the delivery of the Goods, the Seller
may so notify the Buyer and/or submit the invoice for the Goods. The Buyer
should then inspect the Goods as soon as possible and any complaint regarding
the Goods must then be notified in writing to the Seller within 7 days after
the date of such notification or issue of the invoice by the Seller.
The balance of the price for the Goods shall be due and payable within 14 days
after the date of issue of the invoice notwithstanding that delivery of the Goods
may not have taken place to the intent that the Seller shall be entitled to defer
fixing the memorial in the agreed place until after payment in full of the price of
the Goods in cash or cleared funds.
If the Buyer fails to make any payment on the due date then, without prejudice
to any other right or remedy available to the Seller, the Seller shall be entitled to
charge interest (both before and after any judgement) on the amount unpaid at
the rate of 5% from time to time until payment in full is made.
7. INDEMNITY:
(i) If the Goods shall prove to be faulty in workmanship or material not in
accordance with this contract within ten years of the Goods being fixed in the
agreed place, the Goods (or such part thereof as applicable) shall be made good
or replaced by the Seller without any expense to the Buyer, provided always that
the fault is not as a result of damage caused by, or as a result of any act by, any
third party.
The Seller shall have no liability to the Buyer for any consequential loss to the
Buyer arising out of the provision of the Goods (except in respect of death or
personal injury resulting from negligence) and the total liability of the Seller for
any other loss of the Buyer so arising shall be exceed the price payable by the
Buyer for the Goods.
(ii) In the event of a dispute, the National Association of Memorial Masons
offers a free and independent Conciliation and Arbitration Service.
8. FEES AND VAT:
Fees to cemetery and churchyard authorities are the
responsibility of the Buyer but may be paid by the Seller and added to the
invoice. Notification of such charges is given by the Seller to the Buyer in good
faith. Should these charges be increased at any time prior to the date of the
fixing of the Goods, the difference shall be paid by the Buyer to the Seller within
7 days of request for payment.
VAT will be payable at the rate applicable at the date of invoice, or at the date
of payment if this is prior to the invoice being raised, or at the date on which the
goods are delivered, or made available, if this is 14 days or more prior to the
invoice being raised.