Terms & Conditions

Updated 16.11.2022

1. These terms and conditions shall apply to all sales by RS Stonemasonry Ltd (hereinafter referred to as “the Company”), and any variation or additional terms expressly confirmed in writing by the Company’s authorised representative.
   
   
2. Any estimate is an offer which will remain open until written acceptance but may be withdrawn if written acceptance has not been received by the Company within 30 days from the date of the estimate.
   
   
3. Operations are based on all costs applicable at the date of the estimate. Prices are subject to variation to reflect any increase in any applicable cost occurring after the date of the estimate.
   
   
4. Additional charges will be:
   

   i. If the supplies are required outside our normal working hours of 8am to 5pm Monday to Friday.

   ii. If delivery is required in part-load rather than full loads.

   iii. If for any reason the delivery vehicle is unable to discharge its load within ten minutes of arrival on site howsoever caused.

5. Any dates quoted for delivery of materials are approximate only and the Company shall not be liable for any delay in delivery of items howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Company in writing.
   
   
6. The Company shall not be liable to the customer or be deemed to be in breach of Contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the materials if the delay or failure was due to any cause beyond the Company’s reasonable control, which, without prejudice to the generality of the foregoing, will include:
   

   i. Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbances, or requisition.

   ii. Acts, restrictions, regulations, by-laws, prohibitions, or measures of any kind on the part of any Governmental, Parliamentary, or Local Authority, import or export regulations or embargoes.

   iii. Strikes, lockouts, or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).

   iv. Difficulties in obtaining raw material, labour, fuels, parts of machinery, power failure or breakdown in machinery.

7. The customer must provide safe and adequate access to the point of discharging including adequate space in which to manoeuvre the delivery vehicle. If in the Company’s opinion any of the foregoing proves inadequate, the Company may at its discretion suspend deliveries. Any cost incurred by the Company, as a result of any suspension, will be paid by the customer. If any damage is caused when the delivery is taking place and the customer or his representative assists in the delivery the Company cannot be held responsible.
   
   
8. with regard to scaffolding, although every care is taken by the company’s representatives it is inevitable that there may be minimal damage caused to some properties, especially when working on roofs or around chimneys and for this we do not accept responsibility.
   
   
9. Except in respect of death or any personal injury caused by the Company, said company shall not be liable to the customer by any reason of any representation or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the materials or their use or resale by the customer except as is expressly provided in these Conditions.
   
   
10. Risk or damage to, or loss of the items shall pass to the customer:

    i. In the case of materials to be delivered at the Company’s premises at the time when the Company notifies the customer that the materials are available for collection;

    ii. In the case of materials to be delivered otherwise than at the Company’s premises, at the time of delivery, or, if the customer wrongfully fails to take delivery of the items at the time when the Company has tendered delivery of the items.

11. Warranty and Limit of Responsibility:

    i. Subject to the terms herein and clause 10 the Company shall replace any goods not in accordance with the Contract or not of satisfactory quality provided that the Company is notified within 24 hours of delivery and that a detailed claim in writing outlining the defects is submitted to the company within 48 hours of delivery – whether deliveries are refused by the customer or not. If delivery is not refused and the customer does not notify the company accordingly, the customer shall not be entitled to reject the materials and shall be bound to pay the prices as if the materials had been delivered in accordance with the contract.

    ii. where any valid claim in respect of any of the items is based on a defect in the quality or condition of the materials or their failure to meet specifications is notified to the company in accordance with these conditions, then the company shall be entitled to replace said items ( or the part in question) free of charge, but save as aforesaid the company shall not be under any other liability whatsoever, including for any direct or indirect or consequential losses (including loss of profit, loss of contracts, prolongation and disruption costs, and liquidated damages, or any other costs, losses or expenses) incurred by the customer as a result.

    iii. Without prejudice to the notification requirements set out above (which are conditions precedent to any valid claim under this warranty), no claim may be made against the Company in respect of or in connection with any defective Goods or Services more than 12 months after the Goods were delivered or the Services performed (as the case may be).

12. The warranty is also subject to the following provisions:

    i. The Company will accept no responsibility for faults in or failure of the Goods due to methods of fixing adopted by the customer.

    ii. The Company has been given an opportunity to investigate any alleged defect and of making representations as to any remedial action to be taken.

    iii. If a defect in the Goods should have been revealed by examination prior to being laid, the Company’s responsibility in respect of such defect shall be limited to the supply of Goods to replace the defective Goods (without prejudice to the necessity for compliance with the foregoing provisions of this condition).

    iv. Save as set out in clause 11.i. no warranty, condition or guarantee of the quality or performance of the Goods is given unless agreed by the Company in writing and all such warranties and conditions whether express or implied by law or otherwise are hereby excluded. Without prejudice to the generality of the foregoing, the Company’s knowledge of the purpose for which the Goods or Services are intended to be used does not imply any warranty on the part of the Comany as to their quality or fitness for that purpose. Save as aforesaid and save as expressly incorporated into the Contract by the estimate, acknowledgement of order or consignment note, no tender, specification, illustration, drawing, brochure, catalogue, or other information sent or made available by the Company, or sent or made available by the customer, shall have any contractual effect. In so far as the customer requires any term or representation contained in any such document or made orally by any of the Company’s employees or agents to be incorporated into the Contract, express agreement of the Company thereto must be obtained in writing. In the absence of any such express agreement, liability for any misrepresentation (save in respect of any fraudulent misrepresentation) is hereby expressly excluded.

    v. Save as set out in clause 11.i. and save in respect of any claims for personal injury or death or fraudulent misrepresentation, the Company’s liability for any breach of the Contract and/or in tort (including for negligence and breach of statutory duty) shall not exceed the price of the Goods supplied.

13. Notwithstanding delivery and the passing of risk in the terms, or any other provision of these Conditions, the property and the materials shall not pass to the customer until the Company has received in cash or cleared funds payment in full of the price of the materials and all other materials agreed to be sold by the Company to the customer for which payment is then due.
    
    
14. Net payment for material supplied must be received in line with the terms agreed.
    
    
15. The Company may at its discretion refuse to execute further orders and/or suspend or discontinue deliveries or impose such special payment terms and conditions as the Company deems appropriate.
    
    
16. Where any payment for materials has not been received by the Company within the time limits specified on the invoice or such other period as is agreed with the Company in writing, then the customer shall also pay the Company interest on the nett payment due at the rate of 5% per annum above the bank rate at NatWest Plc from time to time until payment is made in full. Such interest shall be calculated from the date of supply until the date when the payment has been received by the Company and shall continue both before and after any judgment is obtained by the Company against the customer.
    
    
17. The customer shall not withhold payment due to the Company in the event of any dispute with the Company.
    
    
18. The Contract shall be governed by the Laws of England.
    
    
19. Despite every care being taken when supplying stone for weathering courses and copings frost damage is increasingly common due mainly to extreme weather conditions resulting in “freeze-thaw” damage to bath / Cotswold stone weathering courses/copings. We therefore cannot guarantee the longevity of such and it is purchased wholly at clients risk.
    
    
20. additionally we advise all stone to be laid on lime mortar and potassium silicate or casein sealers are used to give protection for the first few winters.
    
    
21. we require a 50% deposit on all supply jobs. The final 50% is to be paid before the stone is delivered to site or collected by the client/customer.
    
    
22. There is the standard 14 day cooling-off period under the consumer goods act starting from when the deposit is paid.
    
    
23. once an order has been placed and a deposit paid we are unable to offer a full refund due to costs incurred as every order is a unique item, custom made to your requirements.
    
    
24. we aim to select the best stone possible from the quarries – however all stone supplied by RS Stonemasonry ltd is a natural product and due to its inherent nature the colour and appearance will vary from piece to piece.
    
    
25. we cannot be held responsible for any delays from the quarries as this is outside our control.