Basis of Sale

All contracts between Clickgranite ("http://www.clickgranite.co.uk") and the person who accepts a quotation, and purchases goods, from Clickgranite ("the Customer") shall be on these conditions of sale (including Clickgranite's quotation and specification) to the exclusion of all other terms and conditions (including any terms and conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed on, delivered with or contained in the Customer's order, drawings, specification or other document will form part of the contract simply as a result of such document being referred to in the contract. No variation or addition to these conditions shall be binding unless agreed in writing by the authorised representatives of the Customer and Clickgranite.

Orders and Specifications

On receipt of an order from a Customer, Clickgranite will issue a formal written order acknowledgement, which will confirm the relevant specification details and price. It will be the responsibility of the Customer to ensure that this acknowledgement correctly reflects its acceptance.

The quality, quantity and specification of the goods shall be those set out in the order form, subject always to the following.

All natural materials supplied are subject to their natural markings, veining, variations in colour, cracks and vents. These are supplied cramped, stopped or reinforced where necessary and no claim on this account can be made.

When samples have been submitted exact resemblances of the product supplied to the sample can not be guaranteed.

All thickness quoted is nominal and no liability is accepted for reasonable variations of whatsoever nature.

Price of Goods

The price for the goods is the price stated in Clickgranite's order acknowledgement.

Terms of Payment

Payment will be 50% Deposit and the balance on delivery.

No payment shall be deemed to have been received until Clickgranite has received cleared funds.

All payments payable to Clickgranite shall become due immediately upon termination of the contract despite any other provision.

The Customer shall make payments due under these conditions without deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

Clickgranite reserves the right to charge interest at the rate of 1.5% per month on unpaid balances (whether before or after any judgement).

Delivery

Delivery of goods shall be made by Clickgranite as follows:

For goods being installed by Clickgranite, on the date of completion of such installation.

For other goods, upon physical delivery by Clickgranite or collection by the Customer or authorised agent from Clickgranite within 14 days of Clickgranite giving notice that the goods are ready for delivery.

Any dates quoted for delivery of the goods are approximate only and Clickgranite shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence of the contract unless expressly agreed by Clickgranite in writing. Clickgranite shall not be liable for failure to deliver the goods if the failure is due to reasons beyond Clickgranite's reasonable control.

If for any reason the customer will not accept delivery of the goods when they are ready for delivery. Risk in the goods will pass to the customer, the goods will be deemed to have been delivered and Clickgranite may store the goods until delivery whereupon the customer will be liable for all related costs (including storage and insurance).

Risk and Property

Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the Customer wrongly fails to take delivery of the goods, the time when Clickgranite has tendered delivery of the goods and Clickgranite may store the goods until actual delivery whereupon the Customer will be liable for all related costs (including storage and insurance).

Notwithstanding any other provision of these conditions, the property in the goods shall not pass to the Customer until Clickgranite has received full payment for the goods.

Until such time as the property in the goods passes to the Customer, the Customer shall hold the goods on a fiduciary basis as Clickgranite's bailer and store the goods at its own cost separately from its own goods and those of third parties and shall keep the goods insured on Clickgranite behalf to their full replacement value and (and provided the goods are still in existence and have not been re-sold) Clickgranite shall be entitled at any time to require the Customer to deliver up the goods to Clickgranite, and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods. If the Customer shall have re-sold the goods, the proceeds of such sale shall be held by the Customer as trustee for and to the account of Clickgranite.

Warranties and Liability

Subject to orders and specifications above and the conditions set out below Clickgranite warrants that the goods will correspond with their description at the time of delivery.

Clickgranite 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.

Clickgranite 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 Clickgranite's instructions (whether oral or in writing), misuse or alteration or repair of the goods without Clickgranite's approval.

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.

Where the goods are sold under a consumer transaction (as defined in the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.

Any claim by the Customer which is based on any defect in the quality or condition of the goods or failure of the goods to correspond with their description shall (whether or not delivery is refused by the Customer) be notified to Clickgranite within three days from the date of delivery. If delivery is not refused, and the Customer does not notify Clickgranite accordingly and allow Clickgranite reasonable opportunity, after receiving notice, of examining the goods, the Customer shall not be entitled to reject the goods and Clickgranite shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the goods had been delivered in accordance with the contract. Furthermore, Clickgranite shall not be liable for any such defect or failure if the Customer makes any further use of the goods after giving any such notice.

Where the Customer deals as a consumer, the provisions of section 35 of the Sales of Goods Act 1979(as amended) shall replace the provisions referred to in clause stating the same act above.

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 Clickgranite in accordance with these conditions, Clickgranite shall be entitled to replace the goods (or the part in question) free of charge or, at the discretion of Clickgranite, refund to the Customer the price of the goods (or a proportionate part of the price) but Clickgranite shall have no further liability to the Customer.

Subject to this warranties and liability condition, the following sets out the entire financial liability of Clickgranite (including any acts or omissions of employees, agents or sub-contractors). Except in respect of death or personal injury caused by Clickgranite's negligence, Clickgranite shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty condition or any other term, or any duty at common law, or under the express terms of contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) cost, expenses or other claims for compensation whatsoever (whether caused by the negligence of Clickgranite, it's employees or agents otherwise) which arise out of or in connection with the supply of the goods, their installation by Clickgranite or their use, and the entire liability of Clickgranite under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.

Clickgranite shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of Clickgranite's obligations in relation to the goods, if the delay or failure was due to any cause beyond the reasonable control of Clickgranite, including but not limited to strikes, lockouts, trade disputes, import or export regulations or embargoes and difficulties in obtaining raw materials.

Variations

Clickgranite reserves the right to change these terms and conditions from time to time and when they affect current Customer orders Clickgranite will advise the Customer accordingly in sufficient time to allow the Customer to amend or terminate the contract by written notice.

Insolvency

Either party may immediately terminate the contract by written notice if the other becomes insolvent or is deemed to be insolvent within the meaning of section 123 of the Insolvency Act 1986.

General

Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principle place of business or where a person is dealing as a consumer at such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

No waiver by Clickgranite 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.

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.

The Customer shall not be entitled to assign the contract or any part of it without the prior written consent of Clickgranite.

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.

The contract shall be governed by the laws of England and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts.