The person who buys or agrees to buy the goods from the Seller.
The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
The articles which the Buyer agrees to buy from the Seller.
The price for the Goods, and any carriage and packaging costs. VAT is not payable.
Matthew Hurley of Hurley Marble, Beer Cottage, Brampford Speke, Devon [AND] 1 Bass Cottage, Lympstone, Devon, EX8 5ET.
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of Jake Hurley of Hurley Marble.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. VAT is not currently payable.
4. Payment and Interest
4.1 Payment of the Price shall be due before orders are dispatched.
4.2 Interest on overdue invoices for commission work shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
4.3 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s email confirmation of order.
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
6.2 The Goods are categorised as decorative objects and it is not recommended that they are used for any other purpose. Marble by its nature does not change in appearance or structure, however, the Seller agrees to fix any unforeseen changes that may arise within 1 year of delivery of the Goods to the Buyer. This excludes any damage resulting from actions by the Buyer, in particular not following the care and maintenance document listed in 6.4.
6.3 As is traditional with marble tables, the table top is considered sufficiently heavy to not require fixing to the metal base. The Buyer should position the table accordingly to ensure minimum disruption to avoid any exposure to excessive force. The Seller does not accept any liability in this area.
6.4 A care and maintenance document will be provided by the Seller upon delivery.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store, insure and redeliver the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods upon delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods upon delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including any aforementioned interest and costs) has been paid in full.
10. Carriage of Goods
Carriage will be chargeable on all sales. Rate will be dependent on distance of the Buyer’s postcode from the Seller. Most Goods will be delivered either personally by the Seller or by an insured courier specialising in transporting valuable furniture.