SPECIALISTS IN: Granite, Marble, Quartz, Kitchen, Worktops
5 Dawley Road, Hayes, Middlesex - UB3 1LS

Standard Terms & Conditions

Definitions and Introduction
'Buyer' – the person who accepts a quotation of the Seller for the sale of Goods or agrees to buy the Goods from the Seller.

'Conditions' – the standard terms and conditions of sale set out in this document and in any special terms and conditions agreed in writing by the Seller.

'Contract' – the Contract for the sale of Goods. Each Contract between the Buyer and Seller shall consist of the Order, the Conditions and such other express terms as the Seller and the Buyer shall agree in writing. In the event that:

  • a) the terms of the Order are in conflict with any of the Conditions, the Conditions shall prevail
  • b) The express terms of a Contract are in conflict with any of the Conditions, the conditions shall prevail.

The Buyer acknowledges that he/she has not been induced to enter into the Contract by any representation made by on behalf of the Seller other than those contained in the Contract. Our employees or agents are not authorized to make any representations regarding the goods unless confirmed in writing. In entering in to the Contract you acknowledge that you do not rely on such representations that have so been confirmed. Any advice or recommendations given by us, our employees or agents to you as to the storage, transportation, application, care or use of the Goods, which is not confirmed in writing, is followed or acting entirely at your own risk.

'Goods' - the tiles, slabs and other products (including instalment of the Goods) which the Buyer agrees to buy from the Seller.

'Order' – the Order in writing or by electronic means by the Buyer of the Goods.

'Price' – the Price for the Goods excluding (where applicable) carriage, packing, insurance and Value Added Tax unless otherwise stated. Price is calculated based on the measurements provided by the Buyer. Once templates have been done the quotation and final Price is confirmed. Please note that the initial quote will only change if when the Seller comes out to template, the measurements and your requirements change from the original qoute, kitchen plan or any other form of communication.

'Seller' – Pounj Granite Unit 5 Dawley Road Hayes London UB3 1LS.

All Orders for Goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions. Acceptance of the delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions. Any variations to these Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any typographical, clerical or other error of omission in any sales literature, web site, quotation, price list, and acceptance of offer, invoice or other documentation information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

The Contract or any other Order is subject to the law of England and Wales.

Deposit and Installation

An initial 70% Deposit is required once you place an Order. The remainder of the balance is due on the day that the Seller completes the installation and the works have been signed off by the Buyer or his/her agent. The Seller will not install the Goods if the Buyer or his/her agent is not present in order to inspect the installation. Once installation has taken place and the Buyer or his/her agent has signed the works as completed, the Seller holds no further liability in relation to the Goods. Before the Seller comes to template the Buyer will need to ensure all cabinets are level and have sufficient braces and secured firmly to the wall. The Buyer must make sure that they know the final location of sinks, hobs, taps or any other fittings required and these have to be available on site. Any work carried out after templating such as plastering the walls or changing the location of cabinets, hobs, sinks and taps can affect the finished product. Thus, the Seller reserves the right to charge for this to be rectified.

If changes have been made which will affect the template without notifying the Seller, the Seller cannot be held responsible.
There will be a recall cost if the customer is unavailable to sign off the template.
If our staffs have to do any work other than fit the stone, there will be an additional cost for extra work.
If the Buyer changes their mind and decides not to proceed once the Seller has completed a template, the template fee remains non-refundable and fully chargeable.

Title of the Goods

Title of the Goods shall not pass to the Buyer until the Seller has received cash or cleared funds payment in full for the Price of the Goods and all the other Goods/ Services agreed to be sold by the Seller to the Buyer for which payment is due. But even though title has not passed, the Seller may be entitled to sue for the Price once payment becomes due.

Until the property in the Goods passes to the Buyer, the Buyer shall hold on to the Goods as the Seller's agent and keep the Goods separate from those of third parties and properly stored, protected and insured and identified as property belonging to the Seller.

For unpaid Goods, the Seller shall at any time require the Buyer to deliver the Goods to them and if the Buyer fails to do so forthwith, they hereby authorise the Seller to enter upon any premises owned / rented / used by them where the Goods are being stored and repossess the Goods.

Tiles and Slabs – The Product

Where samples are submitted for inspection or given in guidance, exact resemblances between the sample and the product supplied cannot be guaranteed. Colour uniformity is in no way implied in natural stones. These goods are natural products and as such, are sold subject to their natural markings, grain, variations in colour, cracks, and vents. We do not accept responsibility for any claims based on the existence of natural characteristics.

The Seller sells boxed items solely by unopened boxes only. The Seller does not split boxes under any circumstance and your Order is processed on this basis only. All products will be supplied in accordance with relevant British and European Standards. Some variations in size shape, shade and pattern are inherent in the manufacture of the product and the Seller accepts no liability therefore. The products supplied by the Seller are not guaranteed against crazing. The Seller may from time to time make changes to the specifications of Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect of the quality or fitness for the purpose of the Goods.

Delivery

All Goods supplied by the Seller shall be delivered to the Buyer at the address specified on the Order. The Buyer shall make all arrangements as necessary to take delivery of the Goods when they are tendered delivery. Any dates quoted for the delivery of the Goods are approximate only and the Seller shall not be liable for delay in the delivery of the Goods howsoever caused.

If the Seller fails to deliver the Goods for any reason other than a cause beyond the Seller's reasonable control or the Buyer's fault, and the Seller is accordingly liable to The Buyer, the Seller's liability shall be limited to the excess (if any) of the cost to the Buyer (n the cheapest available market) of any similar goods to replace those not delivered over the price of the goods.

If the buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for the delivery (otherwise than by any reason of any cause beyond the Buyer's reasonable control for any reason of the Seller's fault) then, without prejudice to any other right or remedy available to the seller, the Seller may:

  • store the Goods until actual delivery and charge the Buyer a reasonable cost for the storage (including insurance)
  • Or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the contract.

Warranties and Liability

Subject to the Conditions set out in this Contract, the Seller warrants that the Goods will correspond with their specification at the time of delivery and installation. This warranty is given by the Seller subject to the following:
  • a) The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
  • b) The Seller shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller's approval.
  • c) The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date of payment.
  • d) The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
  • e) 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 statute or common law are excluded in the fullest extent permitted by law. Where Goods are sold under a consumer transaction (as defined by the Consumer Transaction restriction on Statement Order 1976) the statutory rights of the Buyer are not affected by the conditions.
  • f) The Seller will not install the Goods if the Buyer or his/her Agent is not there to sign off the works as completed. If the Seller has to re-visit the premises of the Buyer for a second time due to the Buyer or his/her agent not being present to sign off the works, the Seller is entitled to make an extra charge.
  • g) If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bond to the pay the price as if the Goods had been delivered in accordance with the Contract.
  • h) Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the Goods or their failure to meet the specification is noticed by the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund the Buyer the price of the Goods (or proportionate part of the price), but the Seller shall have no further liability to the Buyer.
  • i) Expect in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, it's employees or agents or otherwise) which arise out of or in conjunction with the Supply of Goods or their use or resale by the Buyer, except as expressly provided in these conditions.
  • j) Expect in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, it's employees or agents or otherwise) which arise out of or in conjunction with the Supply of Goods or their use or resale by the Buyer, except as expressly provided in these conditions.
  • k) The Seller shall not be liable to the Buyer or by deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of the Seller's obligations in relation to the Goods, if delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's control:
    • Act of God
    • Explosion
    • Flood
    • Tempest
    • Fire
    • Accident
    • Terrorism
    • War or threat of war
    • Sabotage
    • Insurrection
    • Civil disturbance or requisition
    • Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority
    • Import or expert regulations or embargoes
    • Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party)
    • Difficulties obtaining raw materials, labour, fuel, parts or machinery
    • Power failure or breakdown of machinery.

Rights of third parties

Where the Seller supplies Goods to a Buyer in accordance with the buyer's specification, the Buyer shall indemnify the Seller against all damages, costs, penalties and expenses which it may become liable trough the infringement of the rights of third parties.

Returns

We agree to accept the return of any uninstalled Goods delivered within 3 (three) days at the expense of the Buyer, provided the goods are undamaged, uninstalled, uncut or have not been worked in any way to give credit to the Buyer, subject to 25% handling charge. After 3 (three) days, only unopened items and unopened boxes will be accepted for credit subject to our handling charge of 25%. Once installation of the Product and all works have been completed and signed off, the Seller reserves the right to charge for any re-visit or rectification.

The Seller is not responsible for any damage caused by misuse or other parties once the works have been completed and signed off by the Customer. © Pounj Granite.