- COUNTY TOWN AGGREGATES LTD (“the Company”) shall sell and the buyer (“the Buyer”) whose order for the goods, including any instalment for the goods or any part of them, is accepted by the Company shall purchase the goods (“the Goods”) subject to these conditions which shall govern the contract for the sale and purchase for the Goods (‘the Contract’) to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer. “These Conditions” shall mean the standard terms and conditions of sale set out in this document and shall include any special terms and conditions agreed in writing between the Buyer and the Company.
- If the Buyers’ order purports to exclude these Conditions such clause shall be ineffective unless the Buyer shall have obtained the Company’s express written agreement to vary these Condition
- While the Company will do its best to comply with any requirements notified by the Buyer, the responsibility for ensuring that the Goods are suitable for the Buyers’ purpose and meet the Buyers’ requirements is the Buyers.
- No warranty, condition, description or representation (unless it was made fraudulently) given or made before the Company’s’ acceptance of order is to be treated as a term of the contract or as inducing it unless expressly incorporated in the contract documents.
- These terms and conditions are applicable to all Goods sold by the Company.
- The Company may change these terms and conditions without notice to the Buyer in relation to future sales.
- Unless fixed prices have been expressly agreed by the Company the price payable by the Buyer shall be the Company’s’ ruling price at the date of dispatch of each delivery. Prices are subject to a delivery charge where appropriate and are subject to the addition of VAT.
- Where the Goods are sold under a consumer sale (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not affected by the Conditions.
- Orders placed on this site form the basis of a quote and are not binding until the Buyer has been contacted by a representative of the Company to confirm product and delivery prices, and the delivery address.
- Without prejudice to any of its other rights the Company may without giving notice to the Buyer terminate the Contract or suspend further deliveries without liability to the Buyer in the event of the Buyer failing to make payment for any Goods.
- The Company may, in whole or in part, release, compound, compromise, waive or postpone, in its absolute discretion, any liability owed to it or right granted to it under the Contract by the Buyer without in any way prejudicing or affecting its rights in respect of any other liabilities or right not so released, compounded, compromised, waived or postponed.
- No single or partial exercise or failure or delay in exercising any right, power or remedy by either party shall constitute a waiver by that party of, or impair or preclude any further exercise of that or any other right, power or remedy arising under the Contract or otherwise.
- To the extent that any provision of these Conditions is found by any court or competent authority to be invalid, unlawful or enforceable in any jurisdiction, that provision shall be deemed not be a part of these conditions, it shall not affect the enforceability of the remainder of these Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in an jurisdiction.
- The Contract between the Company and the Buyer shall be deemed to have been made in England and shall be governed in all respects by English law. The Buyer shall submit to the jurisdiction of the English courts.
- The Company shall not be liable or deemed to be in breach of contract for delay in delivery or failure to make delivery of any Goods due to circumstances beyond its control, including but without prejudice to the generality of the foregoing, war, rebellion, revolution, strikes, lock-outs, governmental or other laws, regulations rules or decrees, breakdown of plant or delivery vehicles. In the event of vehicular breakdown, the Buyer will be contacted to rearrange a suitable delivery time.
- Delivery is to the kerb side only. Where the Buyer requests that Goods are to be off-loaded or manoeuvred onto the Buyer’s property, the Company will make reasonable endeavours to comply with the Buyer’s request but reserves the right to refuse to do so, at the Company’s absolute discretion.
- In these instances the Buyer will be credited for the load or products on-board, but will be charged at the Company’s current pricelist rate per hour for the delivery vehicle- based on time incurred for the original delivery to site and subsequent return of goods.
- 14a does not apply where Goods ‘spoil’, and/or incur a disposal charge after an unsuccessful delivery where the Buyer has not provided appropriate access. This applies, but is not limited to, products such as plants, turf or concrete.
- Any disposal charge associated with the rejection of a delivery whereby the goods ‘spoil’ will be recharged to the Buyer in full, plus the Company’s current pricelist rate per hour for the delivery vehicle- time incurred for the original delivery to site and subsequent disposal of goods.
- The Company requires a minimum of 3m access to make deliveries.
- For Crane Offload Deliveries, there must be clear overhead space in which the crane can operate and this will be at the drivers discretion as to whether the unloading/loading procedure is safe to carry out, within the proximity of overhead services present.
- The Company reserves the right to charge a failed delivery charge and/or a disposal charge in the event that the Company cannot complete the delivery on site due to circumstances beyond the Company’s control. Returns will be charged at the Company’s current pricelist rate per hour for the delivery vehicle- based on time incurred for the original delivery to site and subsequent return of goods.
This includes, but is not limited to;
- Goods rejected on delivery, by the Buyer because the Buyer has ordered incorrectly, or no longer requires the Goods.
- Unable to access delivery location.
- Delays and waiting time at the delivery location.
- Date or periods of delivery stated in the Contract are approximate only and time shall not be of essence of the contract.
- Claims for non-delivery, discrepancy in weight or damage must be notified in writing in the case of Goods dispatched: a) by road, within 3 days of the date of dispatch; b) by rail, within 14 days of the date of dispatch. Invoice overcharges must be notified within 14 days.
- If the Buyer fails to take delivery or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company, the Company may:
- Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and administration expenses, or
- Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage, administration expenses and selling expenses) account to the Buyer for the excess over the price under the Contract overcharge the Buyer for any shortfall below the price under the Contract.
- Where delivery of Goods is made on pallets, a charge may be made for the supply of pallets.
- The charge for the supply of pallets is refundable where the pallets are returned to the Company’s trade counter within 6 months of the date of the invoice. Pallets must be in a condition, which in the Company’s opinion, would enable resale.
- It is the Buyer’s responsibility to return pallets to the Company.
QUALITY, DEFECTIVE GOODS AND NATURAL VARIATION
- Products are subject to natural variations in colour and texture. The Company endeavours to represent the goods as accurately as possible with photography on the website and provide samples and the opportunity to view at our showroom, prior to purchase. Consequently, the Company will not consider goods to be faulty if the colour or texture is not as anticipated.
- The Company warrants that
- Where applicable the Goods are at the time of supply within usual tolerances as to quality, size and natural variations of those specified and will replace them if deemed to be necessary. The consumer may also have the right to reject goods for a full refund (subject to proof that the item is faulty and within a timeframe of 14 days).
- The Company will not exchange, replace or offer refunds for breakages, chips, damages, splits or discolouration up to 10% as this is considered ‘spillage’.
- Subject to clause 23a & 23b above in respect of Goods supplied by it the Company will (at its option) repair, replace or credit to a maximum of the price invoiced for the Goods the Buyer in respect of any defects resulting from faulty materials or workmanship as long as (i) the defect does not arise from misuse by the Buyer or the use of the Buyers’ own specification: (ii) prompt notification is given to the Company with 24 hours of delivery or (where the defect was not apparent on reasonable inspection at the date of delivery) within reasonable time after the discovery of the defect.
- The Buyer shall not be entitled to withhold payment of and sums due to the Company by reason of any disputed claim of the Buyer for defective Goods or alleged breach of Contract by the Company.
- If an order is made and for any reason that product is not available at all or in the quantity required, the Buyer will be contacted and a refund or appropriate substitution offered.
- Unless you are dealing as a consumer where goods supplied are not manufactured by the Company, the Company’s liability is limited to passing to the Buyer the benefit of any manufacturers’ warranty. If you are dealing as a consumer your rights are as set out in Statutory Law.
- Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation (other than fraudulent misrepresentation) or any implied warranty, condition or any 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 of profit or otherwise), costs, expenses, or other claim for consequential compensation whatsoever (and whether caused by the negligence if the Company, its employees or agents or otherwise) which arises out of or in connection with the supply of the Goods or their resale by the Buyer, except as expressly provided in these Conditions.
RISK AND OWNERSHIP
- Risk in respect of Goods shall pass to the Buyer on delivery. When Goods are delivered by the Company’s own transport, delivery shall be deemed to take place at the moment the Goods are lifted or tipped from the delivery vehicle. When Goods are delivered by other means of transport, business deliveries shall be deemed to take place when the Goods are loaded on to the road or rail vehicle used unless specifically agreed otherwise in writing. As a consumer, delivery shall be deemed to take place when the Goods are received by the consumer.
- The ownership of the Goods to be delivered by the Company will only be transferred to the Buyer when payment of all monies owing by the Buyer to the Company has been made in full. Where some of the Goods supplied by the Company have been paid for and some have not, the Company shall be entitled to assume that any Goods disposed of are those that have been paid for, and that any Goods remaining are those for which payment has not been made. Until the date of payment the Buyer is required to store the Goods in such a way that it is clearly the property of the Company. Subject to the foregoing the Buyer has the right to sell the Goods before all outstanding liabilities between the Buyer and the Company has been paid.
- Unless ownership has been transferred, the Buyer shall not and shall have no power to mortgage, charge or otherwise encumber the Goods or dispose of them (otherwise than by re-sale in the ordinary course of the Buyer’s business) without the Company’s prior written consent but if the Buyer does so all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
- If at any time whilst any monies are due from the Buyer to the Company (howsoever the same shall have arisen) the Buyer shall deal with the Goods in any manner (save by resale or usage in the ordinary course of the Buyer’s business) adverse to the Company’s title or (being a Company) shall enter into liquidation or appoint or have appointed a receiver or if any Goods in the possession of the Buyer (whether the Company’s Goods or not) are seized under any execution or distress or any other form of legal process or if the Buyer shall fail to pay the Company in full for the Goods (or any other Goods previously supplied by the Company) with 48 hours of service of formal written demand for payment then there upon the Buyer shall cease to be in possession of the Goods with the Company’s consent and its representative(s) shall be entitled to enter upon the business premises of any Buyer and to remove such Goods and shall not be liable for any damage or injury reasonably done to any other property of the Buyer or in the buyer’s possession during such removal and retaking of possession.
RETURNS AND CANCELLATIONS
- The Buyer has the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the date of delivery to the Buyer or collection of the goods from the Company’s trade counter (as applicable).
- To exercise the right to cancel, the Buyer must inform the Company of the decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) or by returning the goods to the Company’s Trade Counter.
- To meet the cancellation deadline, it is sufficient for the Buyer send communication concerning exercise of the right to cancel before the cancellation period has expired.
- The right to cancel the contract set out above is subject to the following exclusions:
- Goods which are cut, made to measure or mixed to the Buyer’s requirements, or otherwise customised or made to the Buyer’s specifications will not be exchanged or refunded unless they are faulty or incorrectly delivered.
- Goods which are liable to deteriorate or expire rapidly, including perishable goods such as plants, turf or concrete will not be exchanged or refunded unless they are faulty or incorrectly delivered.
- The Buyer’s right of cancellation does not apply to goods which are not suitable for return due to health or hygiene reasons, if you have opened the goods packaging after delivery or collection; and
- The Buyer’s right of cancellation does not apply to goods which become mixed inseparably with other items after delivery or collection (which may be the case where the goods are installed).
- In the instance of a palletised delivery, once the goods are despatched, clause 43 applies.
- Single Trip Bulk Bags are non-returnable due to Health and Safety implications in their repeated handling
- If the Buyer cancels this contract, they will be reimbursed all payments received, excluding the costs of delivery and subsequent cost of return of goods to the Company.
- The Company may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by the Buyer.
- The Company reserves the right to levy a 20% restocking fee for Goods which are ordered in person, at the Company’s trade counter or have been ordered ‘at distance’ following inspection of the Goods at the Company’s trade counter. In accordance with Consumer Contracts Regulations this fee will not be levied for orders placed via telephone or website for Goods unseen.
- The Company will make reimbursement using the same means of payment as the Buyer used for the initial transaction, unless it has been expressly agreed otherwise.
- If the Goods have been delivered to the Buyer:
The Buyer shall send back the goods or return them to the Company’s trade counter without undue delay and in any event not later than 14 days from the day on which the Buyer communicates cancellation from this contract to us. The deadline is met if you return the goods before the period of 14 days has expired.
- The Buyer will bear the direct cost of returning the goods, or a collection/return haulage charge will be implemented. Please be aware that the cost of returning any large deliveries will be considerably higher than the delivery charge. Returns will be charged at the Company’s current pricelist rate per hour for the delivery vehicle- based on time incurred for the original delivery to site and subsequent return of goods
- Drivers cannot accept the return of Goods without the Company’s written authority. Any Goods returned without the Company’s consent will not be acceptable for credit.
SPECIAL ORDER/NON STOCK ITEMS
- The Company reserves the right to charge in full for any non stock items, before placing an order with supplier. These items will be non-refundable from the point of order.