1.  Despatch

Promises for delivery are given in all good faith and every effort will be made to comply with delivery requests and promises but we cannot in any circumstances accept liability for late delivery.

2.  Damage

When delivery is included, we will replace free of charge goods damaged in transit, provided the carriers and ourselves receive written notification of such damage within seven days of delivery.

3.  Patent

The manufacture of goods to the customers design or specification shall not render the Company liable to claims for infringement of any patent, registered design or trade mark and the customer shall indemnify the Company against all such claims.

4.  Product Liability

The design of products manufactured to customers order design or specification is the responsibility of the customer with Liability regard to safety and fitness for the intended application. All ceramic materials have certain limitations as to use. If there is any doubt enquiries must be made to us in writing disclosing all known information about the likely service conditions of the component in question.

5.  Replacement

Material accepted by us as being defective will be replaced or credited at our option but no claim will be admitted for any consequential loss, damage or expense of faulty goods.

6. Sale or Return

Goods cannot be supplied on Sale or Return basis. Where the Company agrees to accept returns, up to a 25% re-stocking Charge may apply. Refunds may take up to 28 days to process.

7. Goods not of our manufacture

Liability for products supplied by us BUT NOT OF OUR MANUFACTURE IS RESTRICTED TO THE EXTENT OF THE LIABILITY accepted by the manufacturers or suppliers of such products.

8. Further Processing

No liability is accepted for any of our products which after being purchased from us undergo further manufacture or decorating processes.

9.  Crazing

No liability is accepted in respect of crazing.

10.  Shading

No claim in respect of shade variations can be considered after tiles are slabbed or fixed.

11.  Illustrations

Where goods are illustrated in colour on any of our literature, these colours are not necessarily true to life. (Trade Descriptions Act) and goods therefore are supplied on this understanding.

12. Marble, Slate Stone & Granite 

Marble, Slate, stone and granite are sold subject to variations in natural markings and fisions.

13.  Performance

All performance figures and technical data are given in good faith, but no guarantee may be implied from them.

14.  Tolerance

Owing to shrinkage in the process of manufacture, it is impossible to prevent variation in dimensions. Permissible variation should be specified on all orders where accuracy is desired and we are prepared to state the limits under which we can supply any particular design.

15.  Fixing Instructions

Fixing Instructions are available for ALL PRODUCTS THAT WE SUPPLY AND THEY ARE normally included in the packaging. Customers should familiarise themselves with these instructions and note that: “It is the responsibility of the purchaser to ensure that the material supplied is suitable before fixing.” No claims of any nature will be accepted after tiles are fixed or incorporated into a Building. Failure to find out about and understand the fixing instructions will not be accepted as a reason for poor fixing.

16.  Prices

All orders are subject to prices ruling at day of despatch. If during the execution of an order, advances in raw materials energy or wage costs necessitate an increase in price, we reserve the right to amend prices correspondingly.

17.  Validity

Quotations are valid for 30 days from date thereon but do not constitute a contract until we have acknowledged an order in writing..

18. VAT and Carriage

Unless specified otherwise prices quoted exclude VAT and carriage

19. Postponement / Cancellation

If upon notification of completion of an order, the customer requests us to delay or postpone delivery, we reserve the right to make a charge for storage at a rate to be fixed by us, payable monthly until the date that the goods.

20.  Reservation of Title

(a) The seller reserves the right of disposal of the goods which are the subject matter of this contract, until they have been paid for in full by, or on behalf of the buyer. Should the goods be sold before the above condition regarding payment has been met, the sellers interest shall attach to the proceeds of such resale whether received or receivable without prejudice to any further claim the seller may have against the buyer under this contract.

(b) Notwithstanding the conditions set out in paragraph 20(a) above, the goods shall be at the buyer’s risk from the time of delivery to him, or to any carrier or agent acting on his behalf. No responsibility is accepted for marine or war risks.

(c) The terms of this contract are set out in paragraphs 20(a) and (b) above do not entitle the purchaser to return the goods, or refuse or delay payment on the grounds that the property in them has not been passed to him.

21. Operation of Contarct

Unless otherwise agreed in writing, the contract shall be in all respects be construed and operate as an English contract and in conformity with English Law and any litigation in respect of it shall take place in the English courts.

22. Customers Conditions of Purchase These conditions supersede Customers Standing Conditions of Purchase, whether or not we have notice of such condition.

 

T 01782 281617
F 01782 269882
E info@hesmith.co.uk
H&E Smith Ltd, Britannic Works,
Broom St, Hanley, Stoke-on-Trent,
Staffordshire ST1 2ER

Website by Exesios BDD