Terms & Conditions
ALL QUOTATIONS / ESTIMATES MADE, AND ORDERS ACCEPTED BY THE COMPANY ARE SUBJECT TO THESE TERMS AND CONDITIONS.
1. Any provision stipulation or condition in the customers conditions of order or otherwise which conflict with or in any way qualifies or negates any of these terms and conditions shall have no effect and these terms and conditions shall prevail.
2. No variation of these terms and conditions shall be valid unless evidenced in writing under the signature of the owner of the Company.
3. All Quotations or estimates by the Company are by way of invitation only and may be withdrawn without notice and the Company shall not be bound until it has dispatched a written acceptance of order to the customer.
3.5 Any unforeseen works that cause a delay to the business of Torbay Stone and Conservation will be charged at the agreed hourly rate, or day rate whichever is greater.
4. All prices are based on the cost to the Company of goods and materials, labour, transport, and other costs ruling at the date when such prices were quoted. In the event of any such costs to the Company being increased directly or indirectly prior to completion of the works, the Company reserves the right to charge all such increases as an addition to the contract price.
4.5 Any quotations submitted from tender drawings are only valid for the drawings submitted. Any additional details will be subject to further quotation.
5. We are registered for Value Added Tax. VAT No. 423 7029 16
6. The Company reserves the right to request interim or advanced payments on account to the value of the work and / or materials.
7. Unless otherwise agreed in writing, invoices will be submitted and due to be paid on a weekly basis.
Should payment not be received within 7 days following the date of the invoice, the Company may charge interest at the rate of 8 % per day above the then current base rate.
8. Any commencement or completion dates given by the Company at any time are given in good faith, but time is not of essence of the contract and the Company shall not be held liable for loss, damage, or expenses suffered by the customer or any other party arising directly or indirectly from the Company's failure to comply with such dates.
9. If any given completion date is delayed for any reason beyond the Company's control (Including but not limited to inclement weather, accidents, loss, or damage of any kind, strikes, cessation of labour affecting any trade engaged upon the works or the inability of the Company to secure labour and / or materials) a fair and reasonable extension of time for completing the works shall be granted to the Company and the customer shall be responsible for the security, protection and safe keeping of such materials and equipment howsoever arising.
10. If for any reason the Company is unable to complete the works, the Company's liability will not exceed the value of the uncompleted part of the works and the customer will remain liable to pay for the value of the completed part.
11. Materials and equipment delivered to the customer's site for use will remain the Company's property until payment has been made in full, and in the case of materials and equipment which remain unfixed until the Company has received payment in full. Until such fixing or payment, the customer is responsible for the security, protection and safe keeping of such materials and equipment howsoever arising.
12. Where applicable the customer is responsible for the accuracy of any drawings, design and / or specifications submitted to the Company by or on behalf of the customer and the customer will indemnify the Company and keep it indemnified against any cost, claim, liabilities, or damage caused by any errors, omissions or inaccuracies in such drawings, designs and / or specifications.
13. The customer will obtain all requisite building, planning, access issues and other statutory and bylaw consents and licenses required in respect of the works and will indemnify the Company to keep it indemnified in respect of any failure to do so.
14. The Companies liability in respect of works and surveys carried out and / or materials supplied under any conditions, warranties, or their terms whether expressed or implied by statute or otherwise shall be subject to the following:
Where a written guarantee or warranty is given by the company the Company's liability shall be limited to the terms of such a guarantee or warranty; and
a) Any such guarantee or warranty shall not apply in respect of malicious or accidental damage b) The Company shall be given immediate notice of any defects being discovered in writing and no remedial works shall be a carried out by any person, firm, or company; and
b) The Company's liability shall in any event be limited to the contract price.
c) Any product guarantees offered are offered to the customer by the product and on information received by the merchants it was purchased from.
d) Any guarantees given are not transferable without company permission in writing.
e) Late payment - if payment is received later than 14 days after completion of work any Guarantee can be retracted.
15. Cancellation of a customer’s order will be accepted only at the Company's discretion and the Company reserves the right in such an event to Charge for all costs incurred prior to and / or resulting from such cancellation in addition to such other remedies as it may have.
16. The information contained within our reports/quotations are a record of what we have seen. There could be underlying issues unseen or information/problems we have not been informed about There is no guarantee that our observations & opinions will be fully conclusive or without risk of additional unforeseen works being required.
While reasonable care is taken in the compilation of material for our reports/quotations, the author makes no warranty or representation that our reports /quotations will have a 100% accuracy or completeness of any material in the report/quotations.
The author does not accept any liability whatsoever including liability for negligence for any losses or damage (whether direct, indirect, reasonably foreseeable, or otherwise) resulting from our reports/quotations.
Torbay Stone and Conservation (Aaron Lumsdon)