TERMS AND CONDITIONS OF SALE
1: INTERPRETATIONS:
In these conditions:-
“Buyer” means the person or company who accepts a quotation of the Company for Goods, or whose Order for Goods is accepted by the Company.
“Goods” means the memorial or any stone or other material described in the Order and any works (including inscriptions) to be carried out to complete such memorials.
“Order” means any quotation of the Company, which is accepted by a Buyer, or any Order placed by the Buyer which is accepted by the Company.
2: GENERAL: All contracts entered into by H. J. JEFFERIES Ltd “the Company” comprise the Company’s quotation and the acknowledgement of Order, and shall be subject to the following terms and conditions of sale. In the absence of any special arrangements (which shall not bind the company unless made in writing and signed on behalf of the Company) these conditions shall apply to all contracts made between the Company and the Buyer, and shall override any other terms and conditions proposed or stipulated by the Buyer and any other terms and conditions which the Buyer may make with any third party (insofar as they relate to the Goods in any way whatsoever).
3: QUOTATIONS: Quotations are open for acceptance within 30 days from the date of quotation and unless accepted within that period may be subject to change. Quotations represent no obligation until the Company’s Order form is signed by the Buyer and accepted by the Company. The price quoted includes only the Goods and work specified therein.
4: ORDERS: The Buyer should check all details of the Order and the wording therein of the inscription, carefully. Particular care should be taken in the spelling of names and the accuracy of dates. Any alteration should be notified to the Company before acceptance of the Order, and confirmed in writing by both parties. The company cannot otherwise accept responsibility for any errors in specification or inscription on Goods that comply with the terms of an Order. The Company reserves the right at any time to refuse to accept Orders without giving reasons therefore. Orders for all specially manufactured items are considered final and deposits are NON-REFUNDABLE once orders are committed to manufacture. A design and consultation fee will apply to all cancelled orders.
5: MATERIALS: Natural, quarried materials can vary in colour and texture. All Goods are sold subject to these natural variations and therefore cannot be guaranteed identical to any sample produced. All sizes are approximate and imperial measurements may be converted to metric or vice versa.
6: FEES: a) Fees to cemetery and churchyard authorities are the responsibility of the Buyer but may be paid by the Company and added to the invoice. The Company gives notification of such charges to the Buyer in good faith. Should these charges be increased at any time prior to the date of Order, the difference shall be paid by the Buyer within seven days of request for payment;
b) Application for permission to erect a memorial must be made by the Company and approved by the relevant church or cemetery authority before works may begin. Under no circumstances will any Order be completed before the relevant fees are paid, and permission obtained in writing from the authority.
7: VAT: VAT will be payable at the rate applicable at the date of invoice, or at the date of payment if this is prior to the invoice being raised, or at the date on which the Goods are delivered, or made available, if this is 14 days or more prior to the invoice being raised.
8: COMPLETION: a) Time shall not be of the essence of the contract unless expressly agreed in writing by the Company. The delivery period quoted is an estimate only and will commence when accompanied by sufficient information to proceed with the Order. Provided the Company takes all reasonable steps to deliver the Goods within the time stated, the Company shall be under no liability for failure to do so;
b) Where the Buyer fails to accept delivery of the Goods, they will be stored at the Buyers risk and expense. Default by the Buyer entitles the Company to suspend or terminate the contract and to recover damages for breach.
9: FORCE MAJEURE: The Company shall not be under any liability whatsoever in respect of any delay to deliver any of the Goods due directly or indirectly to any cause of whatsoever nature, or howsoever arising, including but not limited to acts of God, malicious damage, fire, flood, strike or other industrial disputes, freight embargo, unusually severe weather, shortage of raw materials or energy supplies. In the event of such extension of the delivery date exceeding the period of six months, the contract shall unless otherwise agreed by the Company and Buyer so far as it remains unperformed be deemed to be under review by both parties.
10: GUARANTEE: The Company will, at its discretion, make good or replace free of charge within 10 years of the date of delivery, any of the Goods found to its satisfaction to be faulty in design, materials or workmanship. All memorials are covered by the NAMM Certificate of Compliance; this Guarantee is in addition to, and not in lieu of, any statutory or common law rights vested in the Buyer;
10.1: Conditions and Exceptions:
This Guarantee shall only become valid once full and final payment has been received for the works carried out;
As natural materials vary from time to time in colour and texture this Guarantee relates only to the type and soundness of the material and not its colour or texture;
In the case of the Goods repaired or replaced by the Company, the guarantee period shall terminate at the end of the original guarantee period.
THIS GUARANTEE SHALL NOT APPLY:
To any natural weathering and/or natural deterioration of the materials;
To any painting or gilding on the Goods. Such materials are guaranteed for a period of 1 year from the date of delivery;
To any damage caused by any other third party, including cemetery workmen, and shall have become invalid if the Goods are removed or disturbed or otherwise modified by anyone other than the Company;
Where any significant subsidence or ground disturbance has resulted in the memorial becoming unstable or out of level as continuing ground conditions are beyond the control of the Company;
If any plants, trees, shrubs etc., both above and below ground, cause any movement or damage to the foundations and/or memorial.
11: REPAIR: If Goods are returned to the Company other than in pursuance of the guarantee contained in condition 10, and if the Company agrees to carry out such repairs, the only liability to the Company shall be to put the Goods into a reasonable state of repair bearing in mind the age and condition of the Goods.
12: PAYMENT: a) The Buyer shall be liable to pay the Company by two standard payments as required by the Company:
Payment 1 shall be a deposit on acceptance of Order, plus the Cemetery or Church fee, as specified in the Order.
Payment 2 shall be due on completion of the Order. The Company will so notify the Buyer and/or submit the invoice for the Goods. The Buyer should then inspect the Goods as soon as possible (if desired). This payment shall be due within seven days of the date of issue of the invoice not withstanding that delivery of the Goods may not have taken place to the intent that the Company shall be entitled to defer erecting the memorial in the agreed place until after payment in full of the price of the Goods in cash or cleared funds;
b) Unless credit arrangements have been made, all invoices shall be payable in cash. Where credit terms have been arranged, not withstanding that the Company retains ownership of the Goods, liability for payment arises on completion of Goods;
c) The Buyer shall be liable to pay the Company upon demand and keep the Company indemnified against all costs, fees, disbursements and expenses (including all legal costs and expenses) and whatsoever arising from the collection of any overdue balance or account or any action taken by the company to enforce compliance with these terms and conditions. The Company shall be entitled to charge interest (both before and after any judgement) on the amount unpaid at the rate of 11% from time to time until payment in full is made;
d) The Title in the Goods in all cases remains vested in the Company and shall not pass to the Buyer until the Company has received, in cash or cleared funds, payment in full of the price for the Goods;
13: LAW: a) Any questions relating to any quotation or contract, shall be determined in accordance with English Law;
b) In the event of a dispute, the National Association of Memorial Masons offers a free and independent Conciliation and Arbitration Service. Information from – namm.org.uk/