1. The placing by the customer of any order, written or oral, whether or not any quotation may have been submitted shall constitute an offer by the customer. Acceptance by the Supplier shall be deemed to include acceptance of the Supplier’s full terms and conditions, which shall form the conditions of the contract and shall apply to the exclusion of any terms put forward by or on behalf of the customer.

2. The customer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order submitted by the customer and for giving the Supplier any necessary information relating to the goods or services within a sufficient time to enable the Supplier to perform the contract in accordance with its terms.

3. Any time or day quoted by the Supplier for delivery of all or any of the goods and/or performance of all or any of the services is an estimate only. The Supplier shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly or indirectly there from.

4. All descriptive and technical specifications, drawings, catalogues, illustrations and particulars of weight and dimensions supplied by the Supplier are approximate only and the Supplier reserves the right without notice to the customer to alter such matters and to supply the goods as so altered in performance of the contract.

5. The Supplier does not warrant or represent that the goods have been sourced from Farmington Quarry and reserves the right to supply the customer with goods which have been obtained from an alternative source if the Supplier is of the opinion that the customer’s requirements would be better met by doing so.

6. Any price quoted by the Supplier is based upon costs current as at the date appearing on the quotation. The actual price to be charged to the customer under the contract may be increased to take account of costs current as at the date of invoice. All prices are exclusive of VAT which shall be payable by the customer.

7. Risk of the goods shall pass to the customer immediately on delivery to the customer or into custody on the customer’s behalf whichever is the sooner. Notwithstanding delivery, property in and title to the goods shall remain in the Supplier until the Supplier has received payment of the full price in cleared funds for all goods and services supplied by the Supplier to the customer under any contract whatsoever.

8. Payment

8.1 Payment Unless the parties otherwise agree in writing, payment for the goods is due 30 days after the date of the invoice.

Where the Supplier requires payment by pro forma invoice, an order shall become binding when the Customer has approved the quotation, specification and/or drawings (where applicable), instructed the Supplier to issue a pro forma invoice and the pro forma invoice has been paid in cleared funds.

Receipt of cleared funds authorises the Supplier to procure materials, schedule production and commence manufacture. Any quoted lead time shall commence from the date cleared funds are received.

9. Without prejudice to any rights and remedies available to it, the Supplier shall be entitled, forthwith on written notice to the customer to terminate wholly or in part the contract or to withhold performance of all or any of its obligations under the contract if the customer: shall refuse to take delivery of or collect any of the goods and/or to allow the performance of the services in accordance with terms of the contract; shall commit or be subject to any act which might result in the insolvency, administration or bankruptcy of the customer; shall commit any breach of any contract with the Supplier. The Supplier reserves the right at any time to insist on payment up front for goods or services where it has given credit terms to the customer.

10. The Supplier shall make good at its option by repair or by replacement any defect developing under normal use in the goods and due solely to faulty design (except where supplied by the customer) materials and/or workmanship provided that: (a) any such defect in design/materials/workmanship shall have appeared within one month after delivery and shall have been thereupon promptly notified to the Supplier in writing. (b) the Supplier shall be under no liability in respect of any defect arising from fair wear and tear, extreme weather conditions, wilful damage, negligence, failure to follow the Supplier’s instructions (whether oral or written), misuse or alteration of the goods without the Supplier’s instructions (whether oral or written), misuse or alteration of the goods without the Supplier’s approval. (c) the Supplier shall be under no liability until any monies due from the customer under the contract have been paid. (d) any goods alleged to be defective are promptly made available to the Supplier for inspection and, if so required by the Supplier, are promptly returned at the customer’s risk and expense to the Supplier’s works for inspection, and the Supplier shall in its reasonable opinion consider them to be defective solely by reason of faulty design, materials and/or workmanship, provided always that were, as a result of such inspection, the Supplier does not consider in its reasonable opinion that such goods are defective solely by reason of faulty design, materials and/or workmanship, the customer shall forthwith on demand reimburse the Supplier its reasonable costs arising out of such inspection. The Supplier shall not be responsible for the security of any materials, or the insurance of any materials on site.

11. Made-to-Order Products and Cancellation

11.1 Many of the Supplier’s products comprise natural stone that is selected, cut, processed, fabricated or otherwise manufactured specifically to the Customer’s individual requirements, including (without limitation) dimensions, profiles, finishes, stone selection, quantities, drawings or other agreed specifications.

11.2 Where the Customer has approved the specification, quotation and/or drawings, instructed the Supplier to issue a pro forma invoice and payment has been received in cleared funds, the order shall be deemed confirmed and the Supplier shall be entitled to commence procurement, scheduling and manufacture.

11.3 For the purposes of these Conditions, “commencement of manufacture” includes (without limitation) reserving or allocating stone, ordering materials, preparing drawings, programming machinery, cutting, sawing, machining, profiling, finishing, polishing, engraving, packing or any other process undertaken specifically in fulfilment of the Customer’s order.

11.4 Where goods are made to the Customer’s specifications or are clearly personalised, the statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply to the extent permitted by law.

11.5 Once manufacture has commenced, the Customer may not cancel or amend the order except with the Supplier’s prior written agreement. If the Supplier agrees to any cancellation or amendment, the Customer shall remain liable in accordance with Clause 11.6.

11.6 Cancellation After Confirmation and Prior to Delivery

Where the Customer cancels an order after it has been confirmed in accordance with Clause 11.2, whether or not manufacture has been completed and irrespective of whether delivery has taken place, the Customer shall remain contractually liable to the Supplier for all losses reasonably incurred as a result of such cancellation. Such losses may include, without limitation, the cost of materials, labour, design work, procurement, manufacturing, administration, storage, transport, third-party charges and the Supplier’s reasonable loss of profit arising from the cancelled order. Any sums paid by the Customer may be applied against such losses. Where the Supplier’s losses exceed the amount already paid, the Customer shall remain liable for the balance. Any refund due shall only be made after deduction of all such losses and costs reasonably incurred by the Supplier.

12. Nothing in these Conditions shall exclude or restrict any statutory rights of a Customer dealing as a consumer within the meaning of applicable consumer protection legislation.

Where the contract is a distance contract or an off-premises contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Customer may have a statutory right to cancel within 14 days unless an exemption applies, including (without limitation) where the goods have been made to the Customer’s specifications or are clearly personalised.

Save as expressly provided in these Conditions and to the fullest extent permitted by law, all representations, warranties and conditions (whether express or implied) are excluded.

13. Return of Goods

13.1 Due to the nature of natural stone products, the Supplier does not accept the return of goods unless expressly agreed in writing by the Supplier.

13.2 Any agreement by the Supplier to accept returned goods shall be entirely at the Supplier’s discretion and shall not constitute an admission of liability.

13.3 Where the Supplier agrees to accept returned goods:

(a) the goods must be returned in their original condition and packaging and be suitable for resale;

(b) a handling and restocking charge equal to 25% of the original invoice value shall be payable by the Customer to cover administration, inspection, unloading, sorting, quality checks, re-bagging, re-packaging and restocking costs;

(c) the Customer shall be responsible for all costs of returning the goods, including loading, transport and insurance;

(d) no credit shall be given for any goods which, in the Supplier’s reasonable opinion, have been damaged, contaminated, weathered, mixed with other materials or are otherwise unsuitable for resale;

(e) any refund or credit shall be calculated only after inspection of the returned goods and shall be subject to deductions for the matters referred to in this clause.

13.4 This clause does not affect the Customer’s statutory rights in relation to goods that are defective, not as described or otherwise fail to conform to the contract.

14. The Supplier is the owner of all and any intellectual property rights of whatever nature in the designs, drawings and any other aspect of the goods save as provided in clause 13 below.

15. If the goods are to be manufactured or any process is to be applied to the goods by the Supplier in accordance with a specification submitted by the customer, the customer shall indemnify the Supplier in full against all loss, costs, damages, charges, expenses and other liabilities awarded against or incurred by the Supplier as a result of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person and/or for passing off and/or unauthorised use of confidential information which results from the Supplier’s use of the customer’s specification.

16. The Supplier does not warrant that the goods are fit for any particular purpose and it is the responsibility of the customer to obtain all appropriate and relevant third party advice in order to ensure that the goods are suitable for the purpose for which they have been purchased.

17. The Supplier shall have no liability whatsoever to the customer or any third party for any failure to perform, or for any delay in the performance of, any of its obligations under the contract arising wholly or in part by reason of any factor beyond its reasonable control, including without limitation shortage of raw materials, components or services, act of God, war, national emergency, laws or regulations of any territory, industrial dispute, civil commotion, fire, tempest and flood.

18. The contract is personal to the customer, who shall not assign or in any way pay with the benefit thereof without the Supplier’s prior written consent.

19. The contract shall in all respects be governed by and construed in accordance with English Law

V1.1  03.07.2026