Terms and Conditions

The terms and conditions of business of stoneCIRCLE are set out below. You can also download the PDF at the bottom of the page if you so require.

GENERAL

The following conditions issued by stoneCIRCLE (‘the Company’) apply
to any contract of which these conditions form part to the exclusion
of any conditions of order or purchase of the Customer or any other
standards, specifications, conditions or particulars of, or adopted by,
the Customer, unless expressly accepted in writing by the Company as
part of the contract.

‘Customer’ means the addressee overleaf, or where the addressee is
an architect under a building contract, either the main contractor or the
architect‘s principal.

‘goods’ means the subject matter of the contract including (but not
limited to) raw materials, finished or semi-finished materials or articles
etc. and whether one or a number of items, whether or not identical
or similar.

‘works’ means the installation or fixing of the goods on site.

‘stoneCIRCLE’ is a division of B&V Masonry.
QUOTATIONS
(1) No order placed in response to the Company‘s quotation will be
binding unless and until accepted by the Company in writing.

(2) Quotations submitted by the Company shall remain open for acceptance
for a period of 14 days from the date of the quotation, unless
otherwise specified.
PRICES
(1) Where goods are sold by reference to the Company‘s published
price list, the price payable for the goods shall be the ruling price as
published in the price list current at the date of acceptance of the
Customer‘s order by the Company.

(2) In other cases the price quoted or stated in the contract is based on
the cost to the Company of materials, fuel and power, transport and labour
at the date of the quotation or acceptance of the order (whichever
is earlier). If at the date of dispatch of the goods from the Company‘s
premises and/or completion of the works there has been any increase
in all or any of such costs, the price payable for the goods or works
may at the request of the Company be increased accordingly. Where
goods are imported, if at the date of dispatch of the goods from the
Company‘s works there has been any fluctuation in any such costs
due to currency exchange rates, the price payable for the goods will
be varied accordingly.

(3) Where the price for the goods and/or works is varied in accordance
with this condition the price as varied shall be binding on both parties
and shall not give either party any option of cancellation.

(4) There shall be added to the price for the goods and/or works any
valued added tax and any other tax on duty relating to the manufacture,
transportation, export, import, sale or delivery (where specified in the
contract) of the goods and any charges of a District Surveyor or Local
Authority in respect of the works
(whether initially charged on or payable by the Company or the Customer).

(5) All goods are sold ‘ex works’ unless otherwise stated.

(6) The risk in the goods passes to the Customer when either:
a) the goods are dispatched from the Company‘s premises; or
b) the goods are stored by the Company in accordance with condition 13.

(7) The Company accepts no responsibility for any damage, shortage
or loss in transit. Claims for any damage, shortage or loss in transit
should be made on the carrier and any conditions imposed by the carrier
in relation to claims for damage, shortage or loss in transit should
be complied with. If the Company arranges or undertakes the carriage,
freight, insurance and any other transport costs beyond the point of
delivery, such costs shall be for the Customer‘s account and shall not
affect the provisions of the contract as to the passing or risk.
TERMS OF PAYMENT

(1) Prices quoted are net. Payments under the contract are due on acceptance
of the Customer‘s order by the Company. Subject to subclause (2) below the
Company may provide goods or services on credit and unless otherwise expressly
agreed payments under the contract are due not later than 28 days from the date
of the invoice. The Company reserves the right to charge interest on overdue
accounts at the rate of 4% per annum above National Westminster Bank PLC base rate.

(2) On submission to the Company of two current trade references and
a current bank reference, the Company shall notify the Customer of its
credit limit for the Company‘s current accounting period. No goods
or works will be supplied on credit before the issue of a credit limit,
and in any accounting period the Customer‘s credit shall not exceed
the Customer‘s credit limit. The Company reserves the right to alter
the Customer‘s credit limit or withdraw the Customer‘s credit facility
immediately on written notice.

(3) Failure to pay for any goods works or delivery shall entitle the Company
to suspend further deliveries or work both on the same order and
any other order from the customer without prejudice to any other right
the Company may have, and the Customer shall be liable for all costs
and loss of profit as a result of non-completion of such orders.

(4) Where requested in writing by the Company, the Customer shall
pay the Company a deposit before any goods are produced or works
commenced, such deposit to be deducted from the contract price on
completion.
RETENTION OF TITLE

(1) Notwithstanding condition 3(6) above legal and equitable ownership
of the goods shall remain with the Company until payment for the
goods has been received by the Company in full or until the Customer
sells the goods to its customers by way of a bona fide sale at full market
value whichever shall first occur.

(2) At any time prior to full payment (whether or not payment is then
overdue) the Company may (without prejudice to any of its other rights)
retake possession of the goods or any part thereof any may enter on
the Customer‘s site/premises by its employees or agents for that purpose.

(3) Until the time of full payment for the goods the Customer shall be a
bailee of the goods on behalf of the Company and shall store the goods
in such a way that they are separately identifiable, nevertheless prior
to the time of full payment the Customer is entitles to use the goods in
the normal course of its business or to sell the goods to third parties
in the normal course of its business: the Company shall have the right
to trace the proceeds of sale according to the principles in re Hallett‘s
Estate (1880) 13ch D 696.

(4) The Customer‘s right to use the goods or to resell them prior to
full payment may be terminated forthwith by written notice given by
the Company to the Customer and shall automatically terminate with
or without such notice if the Customer being an individual becomes
bankrupt or insolvent or has a receiving Order made against him or
compounds with his creditors or being a company is wound up, becomes
insolvent or has a Receiver or Administrator appointed.
DELIVERY AND COMPETION DATES

(1) The delivery of performance dates specified in the quotation or contract
are approximate only and unless otherwise expressly stated, time
is not of the essence for delivery. The Company will not be liable in any
circumstances for the consequences of any delay in delivery or failure
to deliver if the duration of the delay is not substantial or if the delay or
failure is due to an act of God, fire, inclement or exceptional weather
conditions, industrial action (whether at the Company‘s premises or
elsewhere), hostilities, breakdown, shortages of labour, materials, power
or other supplies, late delivery or performance or non delivery or
non-performance by suppliers or sub-contractors, governmental order
or intervention (whether or not having the force of law) or any other
cause whatever beyond the Company‘s control or of an unexpected
or exceptional nature.

(2) No delay shall entitle the Customer to reject any delivery or cancel
or repudiate the contract.

(3) The Company cannot undertake to meet any schedule of Customer‘s
requirements supplied after the date of the contract and will have no
liability whatever for the delay in meeting or failure to meet all of any of
such requirements, (howsoever such failure or delay may arise) unless
and to the extent that the Company expressly agrees to meet such requirements,
in which event paragraph (1) of this Condition shall apply.
DELIVERY CONTRACTS

(1) Any delivery charges quoted are based on full loads with delivery
being made during the normal working week. Split loads, part loads,
mechanical off-loading and weekend or Public Holiday deliveries will
be made where requested by the Customer in writing and will be charged
to the Customer extra. Current rate demurrage charges will be levied
where delivery vehicles are retained on site for a time exceeding
one hour for the purpose of unloading.

(2) Unless otherwise expressly agreed, delivery of the goods shall be
to the place of installation/fixing and the Customer shall be responsible
for the unloading of the goods. The company shall have no liability in
respect of costs arising from the Customer taking delivery or unloading
the goods.

(3) Delivery of the goods will only be made on roads or hard standing
capable of properly supporting the fully loaded vehicle.

(4) Where the Company delivers the goods, the Customer shall be deemed
to have accepted the same unless the Company is notified in writing of any
claim for shortages or damages within 3 working days of delivery, and the liability of
the Company is hereby excluded in respect of all claims made after this period.
INSTALLATION AND WORK ON SITE

(1) The contract does not include the installation of any goods or equipment unless
specified in the contract.

(2) Where installation is included in the contract, prior to commencement of works on
site it is the responsibility of the Customer to advise the Company of prevailing site
conditions and ensure that all base lines or commencement points for installing the
goods are true level and clean to allow for a standard bed joint and that the structures
into which the goods are to be fitted are true and plumb so as to enable fixing without
'backing off' or any adjustment or packing of fixing cramps.

(3) The Company shall certify in writing that the site conditions are fit and proper for
the works to proceed and the Customer shall be liable for and indemnify the Company
in respect of all costs arising from or incidental to the Customer‘s instructions to
commence the works on a qualified certification or without such certification.

(4) The Customer will at its own expense make available on site clean sand, cement,
lime, water, cement mixers, diamond masonry blades, secure storage space, welfare
and mess facilities for the Company‘s employees, use of a telephone, a 230/240 bolt
or 110 volt electrical supply with a point suitable for portable electrical tools within 10
metres of each work area, all necessary scaffolding and such other facilities and materials
as the Company shall reasonably require and be responsible for the clearance
of all rubbish in the installation area during continuance of the works. If the Customer
does not provide any of these facilities, services or materials at its own expense,
the cost thereof the Company (including an appropriate allowance for profit) will be
charged extra to the Customer. The Customer shall ensure that the work can be
carried out uninterrupted during normal working hours, and that no work is carried
out except by the Company‘s employees within the scaffolding area. Any overtime or
additional costs caused by any interruption or delay not attributable to the Company
or its employees shall be charged extra to the Customer.

(5) The Customer shall be responsible for providing a safe and healthy working environment
for the Company‘s employees and the Company‘s sub-contractors and
their employees and shall bear (or reimburse the Company against) any loss, damage
or compensation due to any person in relation to any death or personal injury or
destruction or damage to property except to the extent that the same is due to the
negligence of the company and the Customer shall except as aforesaid keep the
Company fully indemnified in respect thereof.

(6) All reasonable care will be taken by the Company during the execution of the contract
but the Company shall not in any circumstances be liable to the Customer for,
or to indemnify the Customer against, any damages, compensation, costs, expenses
or losses or other liabilities whether direct or consequential, and any other remedy
which would otherwise be available in law is hereby excluded except to the extent
that such exclusion is prohibited by law.
DRAWINGS AND INFORMATON

(1) The customer shall at his own expense provide the Company with all drawings,
details, schedules, cutting lists, bills of quantities and all other necessary documents
& information to enable the Company to manufacture the goods and execute the
works and, unless otherwise expressly agreed, the Company shall not be responsible
for the provision of drawings for the purpose of design, working, or installation of the
goods or otherwise.

(2) The Company is entitled to assume that all drawings, description, specifications
and other information supplied by the Customer to the Company; whether written or
verbal, is in all respects complete, accurate and entirely suitable for the Customer‘s
requirements.

(3) Unless otherwise expressly agreed, the Company shall have no responsibility for
the performance, suitability or durability of any goods or any materials or workmanship
comprised therein to the extent that the same is manufactured fitted or installed
in accordance with the Customer‘s designs, drawings, standards or specifications.

(4) Unless the quotation or contract expressly provides for the installation of the
goods, the Company shall not be responsible for installation work or the supervision
thereof.

(5) Any extra work, requirement or modification in relation to the goods or their installation
which is not expressly specified in the contract or which is expressly excluded
by these conditions and which the Customer requests shall be charged extra
(including an appropriate allowance for profit) to the extent that such extra work,
requirement or modification increases the cost to the Company of performance of
the contract.
STATUTORY APPROVALS

(1) The Customer shall ensure that planning permission, building regulations and
any other necessary approvals have been obtained and are valid and subsisting and
that any conditions to which such permissions or approvals are subject have been
complied with and that the structure of the building or site concerned is suitable for
the works.

(2) The Company is entitled to assume that the Customer has complied with subclause
(1) of this condition, and Company may require the Customer to confirm this
in writing before the works commence.
QUALITY AND STANDARDS: LIMIT OF RESPONSIBILITY

(1) Any descriptions of finish in relation to the goods are deemed to be those in British
Standard 5390 1976. Where goods are ordered by size, a tolerance of plus or minus
6mm shall be deemed acceptable unless the specification states otherwise. For
invoice purposes all fractions are charged as a full unit of measurement.

(2) The goods are sold on the express understanding that they are of natural stone
which is subject to natural formation characteristics, variation, colour, markings and
moisture content, and accordingly all conditions and warranties relating to the quality
or fitness for any particular purpose of the goods implied by law are herby excluded
except to the extent that such exclusion is prohibited by any rule of law. In some
instances industry standard techniques maybe used to fill or glue certain marbles to
improve the stability and quality of the product.

(3) The Company accepts no liability in respect of claims in relation to the goods,
which have not been notified by the Customer in writing to the Company within 3
working days of delivery at the installation site.

(4) The Company‘s liability in respect of any claim in relation to the goods or works
howsoever arising (whether or not involving negligence on the part of the Company)
shall in all cases be limited to 10% of the contract price except that the Company
shall not in any circumstances be liable for any consequential loss arising from such
claim (save to the extent that such exclusion is prohibited by any rule of law).

(5) The inclusion and position of all and any joints is wholly the decision of the
Company.
SUB-CONTRACTING

(1) the Company will enter into sub-contracts with the Customer on the standard
forms of building sub-contract (unamended) as sub-contractors to a main contractor
for works forming part of a main contract PROVIDED THAT these terms and conditions
shall be incorporated into such sub-contracts and shall prevail over the terms of
such sub-contract where the terms are inconsistent or silent on any matter.

(2) Prior to entering into a sub contract the Customer shall provide the Company with
a schedule detailing duration, start and finish dates, all attendances, price, nature
and extent of the sub-contract works. The Company shall not commence the works
and shall not be liable for any costs whatsoever on the basis of a letter of intent from
the Customer.

(3) The Company reserves the right to sub-contract the whole of any part of the
contract including delivery (if applicable).
DELAYED ACCEPTANCE

If for any reason the Customer is unable or refuses to accept delivery of the goods
when the goods are due and ready of delivery the Company may arrange storage of
the goods and the Customer shall be liable to the Company for the reasonable costs
(including insurance) of such storage. This provision is without prejudice to any other
right which the Company may have in respect of the Customer‘s failure to take delivery
of the goods or to pay for them in accordance with the contract.
TILES AND ACCESSORY ITEMS

(1) Information

All drawings, specifications, descriptions and catalogues, samples etc supplied by
The Company are intended merely to give a general description of goods and should
not be relied upon as being a fact or warranty of the goods. We advise that all tiles
should be mixed prior to installation in order to obtain the best possible harmony.

(2) Replacements

Any defect in goods can result in nothing more than a replacement. Replaced goods
become the property of The Company

(3) Returned Goods

All goods that are returned are subject to the prior approval of The Company and
must be common stock items and undamaged. If agreed, a credit note for 75% of
the material order value will be approved.

(4) Liability

The Company cannot be held responsible for tiles/accessories once they have been
installed or exposed to heat or frost.
INSURANCES

The Company is covered by employer‘s liability and public liability insurances. The
extent of cover available will be disclosed on the written request of the Customer.
VARIATIONS

No variations to the Contract will be binding unless and until accepted by the Company
in writing.
APPLICABLE LAW AND ARBITRATION

(1) The contract shall in all respects be governed by and construed in accordance
with English law and the Customer hereby submits to the non-exclusive jurisdiction
of the English Courts.

(2) The Company shall have the option, on giving written notice to the Customer to
require any dispute arising out of the contract to be submitted to a single arbitrator
in accordance with the provisions of the Arbitration Act 1950, as amended by the
Arbitration Act 1979, such arbitrator to be appointed jointly by the Company and
Customer or failing agreement within 14 days of a written request to agree such an
arbitrator from either party, to be appointed by the President of Vice President for
the time being of the Royal Institute of Chartered Surveyors on the written request
of either party.

stoneCIRCLE Terms & Conditions