Terms & Conditions
In these Terms and Conditions unless the context requires otherwise:
1.1 "Buyer” means the person who buys or agrees to buy the goods from the Seller.
1.2 “Seller” means Twelve Percenters Limited trading as John Samuel.
1.3 "Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.4 “Delivery Address” means the address at which we agree to deliver the Goods.
1.5 “Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
1.6 “Goods” means the goods which the Seller agrees to supply and the Buyer agrees to buy from the Seller.
1.7 “Price” means the price for the goods excluding carriage, packing, insurance and VAT.
2. Conditions Applicable
2.1 These Terms and Conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any other document.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Terms and Conditions.
2.3 Payment for the goods shall be deemed irrefutable evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. Price and Payment
3.1 The price shall be the Seller’s quoted price. The price is exclusive of VAT which shall be added at the rate prevailing on the date of the Seller’s invoice.
3.2 All orders must be fully prepaid as cleared funds before being dispatched. Deposits and balance payment can be made either by cheque made payable to the Seller or by direct electronic transfer to the Seller’s bank account or by credit or debit card. Cash payments are not usually accepted.
4. The Goods
4.1 The goods shall be supplied in accordance with the description contained in the Seller’s specification. Any contractual description of the goods by the Seller relates to the identity of the goods but only if it relates to a central characteristic of the goods and it is accepted that any sample provided is only a representation as the goods will vary in colour and texture due to their geological composition.
4.2 All descriptions, images (in both print and online) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only. You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, veining, texture, size and between consignments, all of which are beyond our control. We advise you to research the nature of natural stone products before entering into this Agreement.
4.3 The Buyer should be aware that all natural materials are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
5. Warranties and Liability
5.1 The Seller warrants that the goods supplied will, at the time of delivery, correspond to the description given by the seller, subject to reasonable variation in the natural composition of the Goods.
6. Delivery of the Goods
6.1 Delivery of the goods shall be made at additional expense to the Buyer to the Delivery Address on the Delivery Date. The goods may be delivered in advance of the delivery date upon the giving of reasonable notice to the Buyer. The Buyer shall ensure that someone is available at the Delivery Address to take delivery of and sign for the Goods on the Delivery Date. If nobody is available to sign for the delivery the Goods will be returned to the depot and a re-delivery charge will be payable by the Buyer.
6.2 Palletised consignments of goods are “kerbside deliveries” which will be left at the nearest convenient access to the Delivery Address, unless alternative arrangements have been made. Delivery of goods does not include carrying products into premises or carrying goods up or down any stairs, unless prior arrangements have been made. Deliveries are usually made on large lorries. It is the Buyer’s responsibility to inform the Seller of any access restrictions which may make delivery difficult or impossible.
6.3 The Seller shall not be liable for any loss or damage whatsoever due to the failure by the Seller to deliver the goods (or any of them) promptly or at all.
6.4 Notwithstanding that the Seller may have delayed or failed to deliver the goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the goods in time provided that delivery shall be tendered at any time within 3 months of the Delivery Date.
6.5 The seller reserves the right to charge a discretionary restocking fee for any cancelled orders if the order has been picked and packed for dispatch.
7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the contract.
7.3 In line with industry standards, please allow 10% for breakages and wastage. All goods should be inspected upon arrival and any damage must be recorded on the paperwork signed at the time of delivery. Shortages or incorrect deliveries must be notified to the Seller immediately. No responsibility can be taken for damage not acknowledged on the paperwork.
8.1 The Seller is unable to accept responsibility for problems arising from incorrect fixing of the products, shortages or products which are surplus to requirement.
9. Title and Risk
9.1 Title shall pass on delivery or collection of the goods.
9.2 Risk shall pass on delivery or collection of the goods.
10. Remedies of the Buyer
10.1 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatsoever to the Buyer in respect of those Goods.
10.2 The Seller is not liable for any damage to the goods arising from faulty installation. For this reason the Buyer must inspect the goods carefully before installation takes place. Once the Buyer has begun to install the goods the Seller is entitled to assume that the relevant goods are not defective and the Buyer may not then return them to the Seller. The Buyer must inspect the goods on delivery or collection to confirm that they are the correct type, of satisfactory quality, undamaged and the correct amount. If they are not, the Buyer must notify the Seller within 24 hours of delivery or collection for replacement or refund of all or part of the Price (at the Seller’s option), which will be the Buyer’s sole remedy. If the goods are damaged or of unsatisfactory quality, the Seller reserves the right to request photographs, in support of the Buyer’s statement. If the Buyer does not reject the goods within 24 hours of delivery/collection, or if the Buyer has installed them, the Buyer will be deemed to have accepted them and the Seller will have no liability to the Buyer. The foregoing sets out the Buyer’s only rights and remedies in relation to the goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the goods are hereby excluded to the fullest extent permitted by law.
10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the goods.
10.4 The Seller shall not be responsible for any delay or failure in the Seller’s performance if this is due to causes beyond the Seller’s reasonable control (including without limitation any adverse weather conditions) or any delay or failure on the part of any third party.
10.5 The Buyer acknowledges and agrees that the Seller’s entire liability under these conditions (except insofar as the Seller’s liability cannot be excluded or limited by law) shall be limited to the total price of the Goods, which the Buyer acknowledges and agrees is reasonable in all the circumstances. If the Buyer requires additional protection, the Buyer acknowledges and agrees that the Buyer shall be responsible for obtaining appropriate insurance cover.
10.6 The Buyer acknowledges and agrees that the Seller shall not be liable for any consequential loss or damage (whether for loss of profits or otherwise).
10.7 Nothing in these Terms and Conditions shall affect your statutory rights.
11. Proper Law of Contract
11.1 This Contract is subject to the Law of England and Wales.
12. Force Majeure
12.1 The Seller shall be under no liability if it shall be unable to carry out any provision of this Contract for any reason beyond its control including without limitation Act of God, Legislation, war, fire, flood, drought, failure of power supply, lock-out strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure material required for the performance of the contract.
13.1 The Seller may terminate all or any part of an Order by written notice to the Buyer. Upon such termination, Seller's liability will be limited to a refund of monies received minus any charges mutually agreed by Seller and Buyer within thirty (30) days after termination.
14. Cancellations and Returns
14.1 The Seller's right is reserved to refuse cancellation of orders in the case of Goods already despatched or in the process of manufacture. In the event of any agreed cancellation the Buyer will be liable for all expenses incurred by the Seller as a result of such cancellation. As a general rule we do not accept the return of non-stocked goods for credit or refund where such goods have been correctly supplied to order or ordered specifically to your requirements. Where we do agree voluntarily to such a return a handling charge will be administered generally between 25-35% depending on the charges we have incurred. Responsibility for the condition of the Goods on return and the return freight rests with The Buyer. No credit or refund will be applied to damaged or used returns. No returns will be considered after a period of 14 days from delivery or purchase. Goods are not supplied on a sale or return basis and will not be accepted back or exchanged when correctly supplied to order unless previously agreed. The Seller tries wherever possible to ensure continuity of supply but cannot be held accountable for manufacturers discontinuing products whether before or after the acceptance of your order, or if products are out of stock. We make every effort to accommodate your work schedule but accept no liability for any costs incurred by you if products are not available within your expected time scale. No compensatory payments or discounts will be given for delays or failure to supply when they are out of our hands. Goods remain the property of The Seller until paid for in full.