These terms and conditions cover any estimate or quote supplied by Top Marble Ltd. They are designed to protect both parties, to encourage fair trade and overcome misunderstandings. The Customer will be presented these terms and conditions upon placing their order and asked to acknowledge that they have received, read and accepted them by way of a signature. The Company must have a signature acknowledging acceptance of these terms and conditions before any work is carried out for the customer. No contract exists between the customer and the Company until the Company has received and accepted the order and the agreed deposit has been received (in cleared funds). It is at this point that a binding legal contract is created subject to these Terms and Conditions.
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 a deposit has been paid.
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. Price and Payment terms:
- A 50% deposit is required upon placing any order for our template and installation service and the remaining 50% of the total order value for supply only jobs, unless otherwise agreed in writing. This deposit will be returned immediately if your order is not accepted.
- Should an order be initiated by the customer, the customer has the right to cancel the order without facing any cancellation costs at any time before the date of any work having taken place. Should the customer wish to cancel the order after any works have been under taken, he/she will be refunded monies paid less charges reflecting the costs to the Company for this work. Top Marble Ltd reserves the right to cancel the contract at any stage if We feel that We are unable to provide You with adequate service. Should such a cancellation occur We will return your deposit in full. Our decision will be final.
- The payment of the balance is due immediately upon completion of all works specified in the order or collection or delivery of any goods. We reserve the right to charge an annual interest of 4% above the Lloyds TSB plc base rate on all unpaid sums after 28 days from which they become due. Failure to pay within the specified period will invalidate any warranty.
- 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 placing an order 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.
- 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.
- You are obliged to pay the purchase price in full as stated in these terms and conditions without any deduction, set-off or abatement on any ground.
- No retention is to be held. Any remedial work will only be carried out on receipt of full payment on practical completion.
- 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.
- 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.
- 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.
- If You are a UK resident, all prices are subject to the addition of VAT. Terms and Conditions for cutting and fitting services:
- A submission of any estimate or quote by Us is not a guarantee that We can or will accept any orders. Any order will be considered at Our absolute discretion upon receipt and is subject to the availability of the goods ordered.
- 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 is needed.
- If any further work is necessary before the installation to comply with safe building practise You agree that such works are your responsibility and We accept no responsibility whatsoever for any delays resulting from such required works.
- The Company has not priced for the following points as listed but these points have to be addressed and complied with by the Customer and/or by the Customer’s appointed Contractor:
- Access to Water and electricity within 10m of the installation
- Unrestricted and unconditional access to the property will be provided at all times.
- Parking adjacent to the property must be provided. Parking permits, if required, must be organised in advance. In the event that they are not made available You will be liable for all additional costs incurred, including any and all parking charges and fines incurred.
- Protection of all fixtures and fittings which are not required to be removed during and after the execution of the works. The Company accepts no liability of failures in this respect through lack of protection.
- Builder’s work, or any form of general preparation required prior to installation, unless otherwise specified.
- Electrical, plumbing or carpentry work unless otherwise specified.
- Clearing site of debris unless otherwise specified.
- Drawings, consents or local authority fees etc.
- Any delays, which are beyond the Company’s control, preventing our operatives from carrying out the works
Specified or delivering the goods on the dates and times specified, or the Customer and/or their agent or representative failing to give instructions for any extra works as requested. The Company will levy a charge of £150.00 + VAT per hour per tradesman plus £90.00 + VAT for a tradesman’s mate. Should it not be possible to redeploy the operatives to another job a charge for a full 8 hr day will be made.
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.
- After confirming acceptance of your order, We will book a date to carry out a template and site survey. We recommend that You are present at this stage. Where joints are required, consideration will be given to all compromises and they will be placed in the most practical, discreet and aesthetically pleasing positions. This will be discussed and agreed with You at template stage. Unless You are present to answer questions and agree any compromises, We will make the decision based on Our discretion and best endeavours. Our decision will be final.
- You are responsible for ensuring that all the units upon which the stone is to be placed are level and securely tied into the wall prior to us arriving to template. All appliances such as sinks, hobs, ranges must also be available.
- Any changes made to the specifications/template after We have left site will become the customer’s responsibility.
- During the installation, it may be necessary to rake small sections of surface plaster from the walls. This is due to the logistics of fitting such large and heavy sections of stone into confined spaces. We may also on rare occasions lightly scuff plasterwork during installations. This is inevitable and unavoidable. Upon completion, You may need the services of a decorator to make good any light damage, the costs for which will be Your responsibility.
- 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.
- The Company will always use matching slabs for any adjacent pieces of work (from the same block) in order to ensure consistency as far as possible. However, we cannot absolutely guarantee an exact match of adjacent pieces of worktop due to variation between and within slabs used. It is unlikely that any variation will be visible to the naked eye.
- Unless otherwise specified, the fabrication of all worktops will be carried out usually within 5 – 10 working days from the date of template. However, We will not be held liable for any delays which are beyond Our control.
- 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 seven days of delivery of the goods to the Customer. The Company 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.
- 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, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockade, embargo, labour dispute, strike, lockout or interruption or failure of electricity.
- 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.
- 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.
- With some types of marbles and granite, it is customary to glue loose pieces together during the production and possibly provide an adhesive for the back. This technique is not only inevitable but in fact a necessity to deliver a sound product.
- 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 Top Marble Ltd.
- Large cut outs can weaken the stone. We will advise You on the risk involved in a particular stone. However, if You decide to proceed contrary to Our professional advice You will be liable for the cost of any replacements of the stone and agree to compensate Us for such costs. Should a run break across a cut out (i.e. a hob) We may have to re-cut that section if a reasonable repair cannot be made. In such circumstances We will reserve the right to add a joint across the cut-out should the working characteristics of the particular stone demand it. We will only attempt a single section once. After this attempt, the liability will become yours.
- We will endeavour to use as few joints as possible, however should a section break as a result and require replacing or the slab be too short, it may be necessary to cut an additional joint to overcome a problem or remove any risk of further breakage. You will be notified of this and it shall be deemed acceptable unless You are prepared to accept liability should further breakage /problems occur.
- All granite and marble work 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, simply a process that may lessen the possibility of such incidents occurring.
- The tolerance for stone slab thickness and overhangs is +/- 3mm. This tolerance is industry standard and is usually not noticeable in the final product. The worktops may need to be shimmed up with laminate packing, adjusting the thickness to suit the installation. This may also appear as a slight bow in the upper surface of the stone, which may cause a slight unevenness across the joints.
- Granite is sometimes susceptible to “blowing out”. This occurs when contact is made whilst cutting or grinding. This happens more often in stones with large particles. Provided the structural integrity of the stone is not affected We will fill and seal 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 “chips”. Small chips at the joint edges are common in some types of granite because of the relatively large crystal size. Selecting a stone that is less prone to damage can reduce the likelihood of chipping. If the customer stipulates limitations or no chipping then the use of stone can be considered inappropriate. 34. Granite and marble can have natural flaws, pockmarks, veining and irregularities therefore can never be guaranteed to remain consistent throughout the whole installation. Some granites and marbles are resin treated at source to fill natural flaws and pockmarks.
- The colours and pattern within a stone can look different once installed. This may be due to the granite moving in different plains, the lighting and the other influences in the room. No claim can be made on this account.
- 34. Breakages can and do occur in the manufacturing process and delays can sometimes result. We will endeavour to finish the fabrication of the stone within a reasonable time although indicated timescales, on rare occasions, may have to be revised in light of such breakages.
- Sometimes ‘Jenny’ marks are left in the surface of the slab. These occur as a result of the polishing process and cannot always be avoided. By contracting with us you accept that such marks may appear and agree to accept the slab in full consideration of this agreement.
- 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 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.
- 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.
Company Name: Top Marble Ltd.
Company Number: 05504123
Address: Orpwoods Farm, Great Milton, Oxford OX44 7JD
Phone: 01865 890 900 – Fax: 01869 24117