Please read the complete terms and conditions below. You must scroll to the bottom to accept.
Interpretation
In these conditions of sale except where the context otherwise required: 'The Company' shall mean Stonebridge Builders Merchants Limited and/or any of its subsidiary or associated Companies. 'These Conditions' shall mean these terms and conditions of sale. 'The Buyer' or 'The Customer' shall mean any person who contracts with the Company for the supply of Goods by the Company and where one person contracts with the Company on behalf of or as an agent for another shall be deemed to include both of these persons. 'Goods' shall mean any Goods supplied by the Company including any material supplied with such Goods as packaging. 'The Contract' shall mean the contract for sale of goods made between the Company and the Customer.
1. The Contract/Order Acceptance
(a) These Conditions shall apply to the Contract and all orders placed and accepted by the Company to the exclusion of any other terms and conditions stipulated, incorporated or referred to by the Customer in any order, letter, form of contract or any other document or negotiations.
(b) No variation to these Conditions shall be binding without the express written agreement of a director of the Company.
(c) Even if the Company has given a quotation, no order placed by the Customer is binding on the Company until it has been accepted by the Company.
(d) In placing an order with the Company, the Customer and its representatives warrant and represent that each of them has the necessary authority to bind the Customer in contract.
2. Estimates/Quotations
(a) The Customer is entirely responsible for ascertaining the quantities required notwithstanding that an estimate may have been given by the Company.
(b) Quotations are for the supply of Goods on these Conditions only. Any quotation given by the Company is not an offer and the Company reserves the right to withdraw or amend any quotation at any time before the Company's acceptance of the Customer's order.
(c) Where fine or specific tolerances are required in Goods beyond those generally accepted in the building trade no liability will attach to the Company unless the tolerances are notified in writing to the Company at the time of order and the Company has agreed in writing to supply Goods that meet those tolerances.
(d) The Company may without notice to the Customer reasonably alter any specification, description, design, drawing, illustration and/or other particulars relating to the Goods.
3. Returns/Cancellations
(a) If the Customer incorrectly orders any Goods the Company may, in its sole discretion, determine whether or not to accept their return. The acceptance by the Company of returned Goods shall be on such terms as it may determine and in particular the Company may charge for the carriage and handling of such Goods at the greater of 25% of their invoiced value or £5.
(b) An order for Goods that are to be specially made or obtained ("Specials") may not be cancelled by the Customer once the order has been accepted by the Company nor will any allowance be made in respect of Specials if they are subsequently returned.
4. Prices
(a) The price of the Goods ("the Price") shall be the price quoted by the Company, in writing, to the Customer provided the Customer accepts the quotation within 30 days of its date.
(b) The Company may by giving notice to the Customer at any time up to 7 days before delivery increase the Price to reflect any increase in the cost to the Company.
(c) All prices quoted are exclusive of Value Added Tax and delivery charges unless otherwise stated.
(d) If the Company agrees to deliver Goods other than in accordance with Condition 6(a)(i) it may recharge the delivery costs to the Customer plus an administration fee.
5. Accounts/Payments
(a) Credit accounts may be opened at the discretion of the Company, subject to satisfactory credit references being obtained. Unless otherwise agreed in writing, payment for Goods supplied on credit accounts shall become due and payable no later than the last day of the month following the month of delivery.
(b) For cash Customers, the Customer shall pay the price for the Goods on acceptance of order, or on or before delivery, upon receipt of the Company's invoice.
(c) No payment shall be deemed to have been received until the Company has received cash or cleared funds. Time for payment shall be of the essence.
(d) Any queries on an invoice must be raised in writing by the Customer within 21 days of the invoice date.
(e) Without prejudice to the Company's rights to enforce payment, if the Customer fails to make payment in accordance with these Conditions the Company may charge interest on any balance outstanding at the monthly rate of 1.5%.
(f) The Customer shall indemnify the Company against all costs (including legal costs) and expenses incurred by the Company in recovering amounts due from the Customer.
(g) The Company may cancel or suspend the Customer's credit account by notice in writing at any time.
6. Delivery/Despatch
(a) Delivery of the Goods shall be made by the Customer collecting the Goods at the Company's premises or by delivering to an agreed place.
(b) Risk of damage to or loss of the Goods shall pass to the Customer at the time of collection or delivery.
(c) The Company accepts no liability whatsoever for any loss of or damage to the Goods whilst in transit unless notified in writing within 7 days of despatch.
(d) Any stated time or date for delivery is an estimate only and is not binding on the Company.
7. Performance
The Customer shall ensure that the Goods are sufficiently suitable and fit for the purpose intended and comply with all applicable requirements whether statutory, regulatory, municipal or otherwise.
8. Warranty
(a) Subject to Condition 9(a) the Company agrees to repair, replace free of charge or refund any sums paid by the Customer for any Goods which are defective due to a manufacturing fault but only if such fault is notified to the Company in writing within 3 days of delivery.
(b) The Company shall not be liable for a breach of the warranty if the Customer makes any further use of such Goods after giving notice of a defect, or the defect arises because the Customer failed to follow instructions.
9. Liability
(a) Nothing in these terms shall be deemed to exclude or restrict the Company's liability for death or personal injury resulting from its negligence or fraudulent misrepresentation.
(b) Subject to Condition 9(a), the Company's total aggregate liability under or in connection with the Contract shall be limited to the value of the Goods supplied under the Contract.
10. Misrepresentation
The Company shall not be liable in respect of any misrepresentation made by the Company unless the representation is made or confirmed in writing by the Company and/or is fraudulent.
11. Ownership
(a) Unless the Company agrees otherwise in writing, ownership of the Goods shall not pass to the Customer until the Company has received full payment for the Goods and all other sums which are due to the Company from the Customer.
12. Sizes and Weights
All sizes stated by the Company or a manufacturer are subject to dimensional tolerances in accordance with the appropriate BSS. The Company may deliver an excess and/or deficiency of up to 10%.
13. Pallets and Packaging
The Company may charge for any packaging. Charges levied for crates, cases, pallets or aggregate bags will be credited if reusable items in good condition are returned within 28 days of delivery.
14. Force Majeure
The Company may defer the date of delivery or cancel the Contract if it is prevented from or delayed in performing due to circumstances beyond its reasonable control.
15. Default and Termination
If the Customer becomes insolvent or commits any breach of the Contract the Company may stop any Goods in transit and/or suspend further deliveries and terminate the Contract.
16. Patent and Trade Marks
No representation is made or warranty given that any Goods supplied do not infringe any letters patent, trademarks, registered designs, or similar industrial or intellectual property rights.
17-23. General
17. Any notice under the Contract shall be in permanent readable form and sent by first class pre-paid post.
18. The Customer may not withhold or delay payment or exercise any rights of set-off.
19. No failure or delay on the part of the Company shall waive those rights.
20. The Customer undertakes compliance with health and safety requirements.
21. If any provision is found to be invalid, the remaining Conditions shall continue in full force.
22. Headings in these Conditions are for convenience only.
23. The Contract shall be governed by English law and submitted to the non-exclusive jurisdiction of the English Courts.
24. Credit Search
The Company will make a search with a Credit Reference Agency, who will keep a record of that search and will share the information with the Company and other businesses.
25. Assignment
The Customer may not assign the Contract without the prior written consent of the Company.
26. No Rights to Third Parties
The parties to the Contract do not intend that any of its terms are enforceable by virtue of the Contract (Rights of Third Parties) Act 1999.
27. Guarantee of Sums Due
Where any person agrees to guarantee the performance of the Customer's financial obligations, that guarantee shall be an unconditional and irrevocable guarantee, made in consideration of the Company making available to the Customer a credit account. It is a continuing security and shall not be discharged by any intermediate settlement of the Customer's credit account.
Stonebridge Builders Merchants Limited will record your purchasing preferences and may use your information for marketing purposes where you have given explicit permission. Under the General Data Protection Regulation, you have the right to apply for a copy of the information we hold on you.
