THE GRANITE HOUSE TERMS & CONDITIONS

 

These Terms and Conditions cover any works carried out by The Granite House Ltd. They are designed to protect both parties, to encourage fair trade and overcome misunderstandings.

These Terms and Conditions are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. If any part of these terms is unenforceable, it shall be deemed to be deleted from this agreement and the remaining provisions shall still apply.

These terms and conditions are subject to change without notification but will remain such and valid for any contract once an order has been confirmed. The Granite House is referred to in this contract us ‘TGH’, ‘Us’ or ‘We’. The Customer is referred to as ‘Customer’ or ‘You’.

If these Terms and Conditions are in variance with or inconsistent with any Terms and Condition contained in the purchaser’s order, then these terms and conditions shall prevail and be effective.

1. Payment terms will be agreed between TGH and the Customer in advance of any works being carried out.

2. Should an order be initiated by the Customer; the Customer has the right to cancel the order without facing cancellation costs at any time before costs have been incurred by TGH. Should the Customer wish to cancel the order after TGH have incurred costs, TGH will refund any monies paid less charges reflecting the costs to the TGH.

3. TGH reserves the right to cancel the contract at any stage if We feel that We are unable to provide the Customer with adequate service. Should such a cancellation occur We will return any deposit in full. Our decision will be final.

4. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event an account is outstanding, we will refer the matter to our debt collection agency, and any reasonable costs or fees incurred to collect the debt will be added to the debt. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay any statutory fees and interest at the relevant rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998. Failure to pay within the specified period will invalidate any warranty.

5. No retention is to be held. Any remedial work will only be carried out on receipt of full payment on practical completion.

6. All estimates are based on ground floor installations and subject to a site survey. For Installations above ground floor level, a surcharge will be levied. It is your responsibility to inform Us of such locations when requesting a quotation, to ensure correct pricing and deployment of suitable manpower. If You fail to do so, You will be obliged to pay Us a reasonable surcharge and any other costs associated with the delay and organising of suitable manpower in addition to the quotation price.

7. Any work that falls within the boundaries of the London Congestion Charge may be charged for accordingly to account for the extra costs which are liable.

8. You are obliged to pay for any goods, supplies and services, which are not included in the quotation but have nevertheless been supplied by Us with your consent.

9. The ownership of all goods supplied to You in accordance with Our quotation shall remain our property until payment in full has been received in cleared funds. Additionally, the materials supplied by Us will not be deemed “fixtures or fittings” until paid for in full. If You resell any goods supplied in accordance with our quotation by way of a bona fide sale at full value or otherwise, the proceeds of such sale will be held by yourself as trustee for Us until such time as We shall have received payment in full for all goods supplied.

10. We reserve the right to dispose of all goods if they are not paid for in accordance with these terms and conditions. If payment is overdue in whole or part for more than 28 days We may by Our servants or agents without prejudice to any of Our other rights, recover any goods supplied to You and for that purpose may lawfully enter the premises of the Customer or any place to which the goods have been delivered or consigned.

11. If You are a UK resident, all prices are subject to the addition of VAT

12. The accuracy of templates, drawings and dimensions provided to us by the Customer are the sole responsibility of the Customer. An industry standard of 3mm tolerance is allowed for each measurement.

13. All estimates based on our template and installation service will be subject to a site survey and estimates can change if a site survey reveals that more work or material is needed.

14. TGH does not carry out an of the following works – electrical, building, plastering, painting/decorating, carpentry, plumbing, waste removal (other than our own).

15. The Customer must provide the following – full access to the property at all times during the template or install process, adequate parking spaces adjacent to the property, parking permits if required, electric and lighting in the property, water, toilet facilities and the property must not be below 7 degrees C, else the stone glue will not cure. The area being worked in must be clear of other tradesman for the template and install.

16. It is your responsibility to ensure that the site is ready for template as per the issued template guidelines. If, when we arrive, we feel that the accuracy of the measure is in any way jeopardised we reserve the right to cancel the template. Additional costs will be incurred, and the appointment will need to be re booked. This will affect the subsequent installation date.

17. Any site delays at template or install caused by the customer not having the site ready, will result in a charge of £ 36.00 + VAT per hour per tradesman for waiting time.

18. We will advise at template stage if anything further needs to be done to the site to get it ready for the stone installation. If these tasks are not completed in advance of us returning to fit we will not be able to go ahead and the job will have to be re scheduled. Additional costs will be applied.

19. TGH will order your chosen material in a timely fashion once a confirmed order has been made. In the event the supplier cannot fulfil the order within the preferred time-frame, TGH will not be held responsible for any subsequent delays to the completion of your project. In the event this happens we will advise you at the earliest opportunity and you will be given the choice to either choose an alternative material or wait for your preferred stone to become available.

20. Subject to the above We will make Our best efforts to complete the agreement within a reasonable time. Delivery/installation and completion dates mentioned in any estimate or quotation or elsewhere are approximate only and not of any contractual effect and the Company shall not be under any liability to the Customer in respect of any failure to deliver or complete on any particular date or dates.

21. You must not move or change the cabinets, walls, sills, furnishings or utilities between template and install.

22. Where joints are required they will put in the most practical, discreet and aesthetically pleasing positions that we deem possible. Our decision will be final.

23. During the installation, despite our best efforts, we may scuff walls. Upon completion, You may need the services of a decorator to make good any light damage, the costs for which will be Your responsibility.

24. Our template and fitting teams follow very strict procedures and guidelines to ensure that you end up with the best possible job. If you ask them to deviate from those in any way, this will be noted, and you will be required to sign a caveat stating that this has been at your request.

25. All of the cutting, fabrication and polishing of the stone will be done in our workshop, however on occasion it may be necessary to make some adjustments on site. This will be kept to a minimum and all possible precautions will be taken to minimise mess and disruption.

26. All stone products are subject to colour variation and natural veining. The stone eventually used for any order may differ in look and feel from any sample previously given to the customer.

27. The Company will use matching slabs for any adjacent pieces of work. However, we cannot guarantee an exact match due to variation between and within slabs.

28. No Party shall be liable for any failure to perform its obligations where such failure is as a result of Acts of God (including fire, adverse weather conditions or other natural disasters), war, terrorist activities, nationalisation, labour dispute, strike, interruption or failure of electricity.

29. The Company agrees to repair or replace free of charge any goods which, in the opinion of the Company, are defective due to a manufacturing fault, but only if the same is reported to the Company in writing within two days of delivery of the goods to the Customer. TGH will not be responsible for the cost of removing any defective goods from any place where they are installed or affixed (or making good the area after removal) or for the cost of installing or affixing in such place any repaired or replacement goods unless TGH also carried out the initial installation.

30. Natural Stone may appear to have veins, which non-professionals may consider to be filled lines of fracture, yet it is a completely natural phenomenon. The stone is one solid mass with the vein and is no more or less breakable than the same stone without the veins. This does not depict a fault or deficiency in the stone.

31. All stone, whether natural or man-made, is subject to variation in colour and pattern, some more than others. It is also worth noting that naturally occurring imperfections are part and parcel of choosing to have stone in your home.

32. If you have any concerns about your choice of material, then we strongly recommend that you visit one of the stone suppliers we work with to have a look at a slab. If you choose not to do this, then TGH will not accept any liability in the event the stone is not as you expected it to be.

33. If you would like some input on how the stone is cut, for example if the stone is heavily patterned, then you are welcome to come to our workshop before we begin cutting and discuss this. If you choose not to do this, then TGH will not accept any liability in the event the stone is not cut as you expected it to be.

34. TGH will order enough stone to complete your project as per the specification provided to us at estimate stage. If the template comes back with additional or larger pieces that we had not previously been made aware of, this will result in an increase in price and possibly a delay on the installation date.

35. Sometimes it is necessary to repair or improve materials in the production process. TGH reserves the right to affect these works if necessary.

36. Any descriptions of material offered are for guidance only and do not imply suitability for any particular purpose nor shall the description be construed in any way to be binding on TGH

37. Sometimes materials have inherent weakness that are invisible to the eye, but which result in breakage during fabrication or installation processes. We reserve the right to add extra joints if it is the only way we can complete an installation.

38. All natural stone is sealed to help protect the stone from any liquid damaging or staining the surface. This is carried out in the workshop and in some cases, on site for a second time. This is not a guarantee against damage and stains, but will lessen the possibility of such incidents occurring

39. The tolerance for stone slab thickness and overhangs is +/- 3mm. This tolerance is industry standard and is usually not noticeable in the final product.

40. All stone is susceptible, to chipping, cracking, and breaking during the fabrication process. Provided the structural integrity of the stone is not affected We will repair the affected areas with epoxy resin (colour may vary for which We will not be held liable) to ensure the stone is not left with any sharp edges or rough surfaces. You must accept these repairs.

41. All Stone can have natural flaws, pockmarks, veining and irregularities and therefore can never be guaranteed to remain consistent throughout the whole installation.

42. The colours and pattern within stone can look different once installed. This may be due to the grain moving in different plains, the lighting, and the other influences in the room. No claim can be made on this account.

43. Warranty. All goods supplied by the Company are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not apply to any naturally occurring imperfections, defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Company, failure to follow the Company instructions, or any alteration or repair carried out without the Company approval.

44. Limitation of liability. The Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement, shall be limited to the price paid for the goods.

45. If we instruct solicitors to pursue You as a result of your breach or default of any of these terms and conditions You hereby agree to indemnify Us in respect of all damages, losses, costs, or any other expenses incurred by Us in consequence of such default, to include legal costs (including solicitors or barristers’ costs and disbursements) incurred in such action(s) as may be required against You to enforce the terms of this Agreement.