- TERMS INTRODUCTION
a) These Conditions govern all contracts for the sale of goods by KT STONE Work (referred to as ‘the Seller’) to an individual or company (referred to as ‘the Buyer’), excluding all other terms and conditions. This includes any terms or conditions that the Buyer may attempt to apply through purchase orders, order confirmations, or similar documents.
b) All orders for Goods & Services will be considered as an offer by the Buyer to purchase Goods and Services according to these Conditions.
c) Any changes to these Conditions (including special terms and conditions agreed upon by both parties) are only valid if agreed upon in writing by an authorized representative of the Seller.
d) If any of these Terms and Conditions are deemed unenforceable, either wholly or partly, by a Court of Law, the offending term or terms will be removed, allowing the remaining provisions to remain in full force.
e) These terms and conditions do not affect the statutory rights of the Buyer under the laws of the United Kingdom (UK).
- SUPPLY OF STONE
a) Stone is a natural product that exhibits variations in color and may contain markings, small holes, fissures, and flaws. Some of these may be artificially filled. Therefore:
i) Unless otherwise agreed in writing, the sale is not based on a sample, and no warranties can be provided to match the material with a sample.
ii) Subsequent orders of the same stone will not come from the same batch, as color and veining differences are inherent in natural stone products.
b) The selection of the material to be supplied to the Buyer is at the discretion of the Seller unless otherwise agreed upon in writing.
c) If the Buyer selects material from a specific batch, as agreed upon in writing, it may incur an additional premium cost.
d) The supply of samples is subject to the discretion of the Seller, and a charge may apply.
e) Tolerances: Thickness calibrations, where applicable, may have a nominal variation of +/- 3mm. Size variation (length and width) may have a nominal variation of +/- 1mm. Joint variation may have a nominal variation of +/- 2mm. Any joint exceeding 1 meter in length may have variances beyond the stated tolerance, at the sole discretion of the Seller. Variances outside this range may occur, and the Seller will not be liable unless explicitly stated.
f) Due to the unique nature of natural stone, images of the Seller’s products shown on websites or sales literature are for illustrative purposes only and should not be solely relied upon as the basis for making a purchasing decision.
- PERFORMANCE OF STONE
a) Natural stone is susceptible to staining. While it can be treated with a substance to enhance its resistance to staining, it is not completely impervious and cannot be protected against etching caused by acidic substances. We strongly recommend periodic treatment of the material with a similar product to maintain its stain resistance.
b) The Buyer is responsible for determining whether the material is suitable for their intended purpose. Unless specifically agreed upon in writing, the Seller does not provide any warranties regarding performance, as different materials may perform differently under various circumstances (e.g., outdoor use, swimming pools, or kitchen countertops). We can provide generic test data for all our stones, but the Buyer should independently conduct testing to verify suitability for their specific project before making a purchase.
c) Professional installation of the stone is essential, and any chemical treatments should be applied following the manufacturer’s instructions to ensure optimal performance.
d) The Buyer is responsible for ensuring that all surfaces and substrates are adequately prepared and suitable for the stone or products, considering factors such as movement, weight, or other structural considerations. Any advice provided by the Seller regarding these matters or chemical treatments is general in nature and subject to the further approval of the Buyer’s professional advisors.
- QUOTATIONS
a) All quotations or estimates are valid for a period of 30 days and are based on the information provided.
b) The Buyer is responsible for verifying the accuracy of the calculated square meter requirement. The Seller cannot be held accountable for any shortfall or surplus in the delivered amounts resulting from the Buyer’s provided requirements.
c) Additional visits necessitated by changes in customer requirements may incur charges.
d) Lead times are approximate and commence upon receipt of full and final instructions, along with the deposit, and are subject to the timely arrival and satisfactory performance of the selected materials.
e) In the event of key date modifications, the company cannot guarantee adherence to the initially planned or agreed-upon timescales for supply, manufacturing, and delivery.
f) Quotations are contingent upon the accuracy of the information provided and the provision of clear and legible instructions. Any drawings submitted for the purpose of a quotation must be fully dimensioned, accurate, and to scale. The Seller cannot be held responsible for inaccuracies, omissions, or incorrect information provided by the Buyer. Any subsequent amendments must be made in writing and may be subject to a penalty.
- DELIVERY
a) Delivery dates provided are made in good faith and every effort will be made to adhere to them. However, it should be noted that time for delivery is not considered essential.
b) All deliveries are made to the roadside only. The driver will exercise discretion to unload the goods at the nearest and safest point to the property.
c) The Buyer is responsible for inspecting the order upon delivery for any damage, shortages, or defects. If a full inspection is not possible at the point of delivery and there are any indications of damage, the Buyer or their agent must make a note on the driver’s delivery note, such as “crate damaged” or “Stone/Worktop chipped,” rather than simply stating “Goods unchecked.” Any shortages, damage, or defects must be reported to us within 48 hours unless a later inspection has been mutually agreed upon in writing. Any damaged or defective items must be photographed, and both the goods and the packaging must be retained for inspection purposes.
d) Terms for deliveries outside the UK must be explicitly confirmed in writing.
e) Unless otherwise agreed in writing, the Seller will not be responsible for the delivery of goods by an independent carrier.
f) Upon delivery, it is recommended to handle the goods with great care, remove the packaging, and store them vertically on a protected surface to prevent chipping and allow for drying out.
- RISK, PROPERTY & LIABILITY
a) The risk of damage or loss of the goods shall transfer to the Buyer under the following circumstances:
i) For goods to be collected, when the Seller notifies the Buyer that the goods are ready for collection.
ii) For goods to be delivered by the Seller, at the time of delivery.
iii) For goods delivered by an independent carrier, at the time of collection, unless otherwise agreed in writing.
iv) If the Buyer wrongfully fails to take delivery, at the time when the Seller has tendered delivery of the Goods.
b) Ownership and property of the Goods shall remain with the Seller until full payment in cash or cleared funds is made for the complete price, including VAT, for the Goods and services provided by the Seller.
c) The Seller will not be held liable for the goods while they are in transit by independent carriers unless explicitly agreed upon in writing. The responsibility for transit insurance of goods collected by independent carriers for delivery to the Buyer’s destination lies with the Buyer, unless otherwise agreed in writing.
- LIMITATION OF LIABILITY
a) Claims related to the supply of stone will not be accepted after installation.
b) If the Seller is notified of a shortage, damage, or defect within 48 hours of delivery, and such issues are confirmed, the Seller will, at their discretion, take the following actions:
i) Rectify any shortage or non-delivery; or
ii) Replace or repair any damaged or defective Goods.
c) The Seller shall not be held responsible for any direct or indirect loss of profits, business, penalties, or any other special, indirect, or consequential loss arising from a breach of contract with the Buyer.
d) In cases where the Seller is also the worktop supplier:
i) The Buyer must adhere to the Seller’s Template & Installation policy; otherwise, no claims will be accepted.
ii) The installation is guaranteed for a period of 12 months from the date of installation.
- TERMS OF PAYMENT
a) Payment terms for both the supply and installation of goods require a 50% deposit to be paid before the template date in order to secure an order, unless otherwise agreed in writing.
b) The remaining balance must be cleared by the Buyer prior to the delivery, collection, or installation of Goods.
c) In the event of part deliveries, whether initiated by the Seller or the Buyer, staged payments may be arranged if agreed upon in writing.
d) Payments can be made by Card, Direct Bank Transfer, or cleared cheque.
e) For account customers, full payment is due within 30 days after the end of the month in which the original invoice was issued.
- TEMPLATES & CUTTING LISTS
a) Prior to the manufacturing of Goods, all templates and cutting lists must be presented to and verified by an authorized representative of the Seller. These templates and cutting lists must be signed by the Buyer or an authorized agent of the Buyer, confirming that they are in accordance with the Buyer’s instructions.
b) Drawings provided by the Seller are prepared in good faith based on the information provided or obtained. It is the responsibility of the Buyer to carefully review the drawings for any inaccuracies or omissions.
c) Any changes made to the original specifications may result in additional charges.
Furthermore, if the customer fails to comply with our template and installation process, additional visits may be required and may incur additional charges.
- DISPUTE RESOLUTION
a) In case of a dispute arising under a contract, it will be governed by the laws of the United Kingdom, and any legal proceedings will take place within the jurisdiction of the United Kingdom.
b) In the absence of a specific contractual provision, the terms of the Housing Grants, Construction and Regeneration Act 1996 Part 11 will be implied where applicable.
c) Adjudication: Either party has the right to give notice at any time expressing their intention to refer a dispute to adjudication under a procedure that complies with the provisions of the Housing Grants, Construction and Regeneration Act 1996 Part 11, if applicable.
- CANCELLATION FOR CUSTOMERS
a) Orders are processed promptly, and therefore, any cancellations should be communicated to the Seller in writing as soon as possible to minimize potential losses.
b) Deposits are generally non-refundable, unless there is a written agreement by the Seller stating otherwise.
- CANCELLATION INFORMATION
a) Cancellations pertaining to stock items made less than 24 hours before the scheduled delivery, template, or installation may incur additional charges.
b) Cancellations relating to non-stock items made after the material has been ordered will result in additional charges.
c) To exercise your right to cancel the contract, you must provide us with a clear written statement indicating your decision to cancel. You can do this by sending an email to our office at info@ktstone.co.uk or by sending a letter to our registered office at:
47-49 Park Royal Road
London, England, NW10 7LQ.
