Terms & Conditions of Sale
CONDITIONS OF SALE
1 Interpretation
1.1 ‘BUYER’ means the person who accepts a
Quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller
1.2 ’GOODS’ means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these conditions.
1.3 ‘SELLER’ means After the Antique Limited of Hythe Road, Foulden, Thetford, Norfolk, IP26 5AH
1.4 ‘CONTRACT’ means the contract for the purchase and sale of Goods
1.5 ‘WRITING’ includes facsimile and e-mail transmissions and comparable means of communication.
1.6 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.7 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2 Basis of sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted in writing by the Buyer, or any written order of the Buyer which is accepted by the Seller subject in either case to these conditions,
which shall govern the Contract to the exclusion of any other terms and conditions subject to which and such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so
confirmed.
2.4 Any drawings provided by the seller remain the property of the seller. The provision of any drawing should not be taken as confirmation of the approval with building regulations and it is the responsibility of the buyer to ensure that the Goods to be provided meet all
building approval requirements.
2.5 Any advice or recommendations given by the Seller or it’s employees or agents to the Buyer or it’s employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s
own risk and accordingly the Seller shall not be liable for any such advise or recommendation which is not so confirmed.
2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3 Orders and specification
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s authorised representative.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time having
regard to the nature of the order to enable the Seller to perform the Contract in accordance with its terms.
3.3 The quantity, quality and description of any specification for the goods shall be those set out in the Seller’s quotation (if accepted in writing by the Buyer) or the Buyer’s order (if accepted in writing by the Seller).
3.4 If the Goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred
by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller’s use of the
Buyer’s specification.
3.5 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their
quality or performance.
3.6 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all
labour and material used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4 Price of the goods
4.1 The price of the Goods shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid(, the price listed in the Seller’s published price list current at the date of acceptance of the order. All prices quoted are valid for 30 days
only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller (such us, without limitation, any foreign exchange fluctuation, currency regulation, alteration of
duties, shipping and haulage costs, significant increase in the costs of labour, materials or other costs of manufacture) any change in delivery dates, quantities or specification for the Goods which is requested by the Buyer, or any delay caused by any instructions of the
Buyer or failure of the Buyer to give the Seller adequate information or instructions.
4.3 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices are given by the Seller on an ex works basis and where the Seller agrees to deliver the
Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance.
4.4 The price is exclusive of any applicable value added tax, which the Buyer shall be additionally liable to pay to the Seller.
5 Terms of Payment
5.1 Subject to any special terms agreed in writing by the Seller , the Seller shall be entitled to receive a 50% deposit with order (which will become non refundable once carving for a bespoke item has commenced) with the balance being due 7 days before delivery to the
Buyer’s nominated address (such address to be advised in writing) or collection from the Seller’s premises.
5.2 Where special terms have been agreed in writing by the Seller, the Buyer shall pay the price of the Goods within 30 days of the date of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and
the property in the Goods has not passed to the Buyer. The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only upon request.
5.3 If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:
5.3.1 cancel the contract or suspend any further deliveries to the Buyer
5.3.2 appropriate any payment made by the Buyer to such Goods (or goods supplied under any contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer), and
5.3.3 charge the Buyer interest (both before and after any judgement) on the amount unpaid, at the rate of 4 per cent per annum above the Bank of England base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the
purpose of calculating interest).
6 Delivery
6.1 Delivery of the Goods shall be made by:-
6.1.1 The Buyer or the Buyer’s agent collecting the Goods at the Seller’s premises at any time after the Seller has been notified the Buyer that the Goods are ready for collection.
6.1.2 Delivery to the Buyer’s nominated address by the Seller’s nominated haulage company (where RHA conditions of carriage shall apply) or by the Seller’s own vehicle (including hire vehicle). The Buyer shall be responsible for the full cost of such delivery including
packaging. Due to insurance guidelines and health and safety regulations all deliveries are made to the nearest kerbside ground floor access point to the delivery address. The Buyer or his appointed agent will be required to acknowledge receipt of the Goods. Any claims
for damage will only be entertained if the delivery note is endorsed accordingly at the time of delivery. No claims will be accepted if the delivery note is signed as “unchecked” or similar, or no endorsement is made.
6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing.
The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
6.2.1 A specific time of delivery cannot be given but on prior request the driver will try to give half an hours’ notice of arrival. This may not always be possible due to mobile signals, a safe place to stop etc.
6.3 Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more
instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without
prejudice to any other rights or remedy available to the Seller, the Seller may:
6.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage: or
6.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for any sums received under the contract for the Goods.
6.4.3 apply a further delivery charge of the same amount to undertake a further delivery.
7 Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
7.1.1 in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection: or
7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s premises at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods. The time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other
goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and
identified as the Seller’s property, but shall be entitled to resell or use the Goods in the ordinary course of it’s business.
7.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so
forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods
8 Fitting, installation and/or siting of goods
8.1 Where the Buyer requests the Seller to fit or site the Goods and the Seller agrees so to do:
Fire surrounds
8.1.1 The Seller’s quote for this work will be based on a daily rate, and shall include a minimum of two fitters up to the number considered by the Seller as being required to take the items to the area for fitting and fit the items in accordance with the Sellers safety
procedures together with all the materials required to effect the fitting. The price will only include the fitting of the Goods being supplied by the Seller and no other work. It also takes in to account the travel time to and from site and the cost of any overnight
accommodation that may be required. Should the Buyer provide additional labour to allow the Seller to use only the minimum labour above then the Seller reserves the right to abort the fitting should this labour not be available when required. Should the fitting be aborted
then the full days charge will still be due for that day and an additional days charge required for any return to site.
8.1.2 The buyer shall be responsible for ensuring that building regulations are complied with and also to have the area prepared for the fitting with any pre existing unit having been removed and walls/floor made good, and any furniture or other items removed. The
agreed price does not cover ‘making good’, painting, decorating, fitting skirting boards, tiling or cutting and fitting skirting boards, tiling, cutting and fitting carpets
8.1.3 If additional work is required the Seller’s employees will only undertake this where a formal request has been made by the Buyer in writing specifying the level of work required and the Seller has confirmed in writing that they will undertake such work and any
additional price over and above the previously advised and accepted daily rate. The Buyer to acknowledge acceptance in writing of the additional charge prior to the work being undertaken. Should additional work be found necessary during the fitting process then the
Seller may agree verbally to do this subject to an additional fee although such agreement can only be made by the Sellers head office who will advise any additional cost which the Buyer must acknowledge and accept at that time.
8.1.4 Should the fitting take longer than originally envisaged for any reason other than the Seller’s fault, the Seller shall be entitled to submit a further charge at the daily rate. By allowing the Seller to continue with the fitting the Buyer acknowledges that they are
responsible for an additional charge where appropriate.
8.1.5 The buyer or his appointed representative should be available at the end of the job and will be asked to confirm that the fitting has been carried out satisfactorily by signing a form but it should be noted that we can not accept any responsibility should there be any
complaint in regard to the work undertaken if the buyer or his representative were not available when the job was finished or if the form has not been signed.
8.1.7 The buyer is also responsible to ensure that access from the front of the house to the fitting room is clear and not obstructed.
8.1.8 The Buyer is responsible for arranging parking on the agreed installation date within 50 meters of the installation site. Failure to do so will result in an aborted call-out fee of £250. If parking permits are required, it is the Buyers responsibility to obtain the permit
before the installation takes place. If any information is required from the Seller by the local authority in order to facilitate parking, e g vehicle registration, please contact us on 01366 327210 to obtain the information required.Garden and other items
8.1.1 The Seller’s quote for this work will be based on a daily rate, and shall include a minimum of two fitters up to the number considered by the Seller as being required to take the items to the area for siting and site the items in accordance with the Sellers safety
procedures and all materials required to effect the fitting. The price will only include the siting of the Goods being supplied by the Seller and no other work. It also takes in to account the travel time to and from site and the cost of any overnight accommodation that may be
required. Should the Buyer provide additional labour to allow the Seller to use only the minimum labour above then the Seller reserves the right to abort the fitting should this labour not be available when required. Should the fitting be aborted then the full days charge will
still be due for that day and an additional days charge required for any return to site.
8.1.2 The buyer shall be responsible for ensuring that building regulations are complied with and also to have clear access to the area and have it prepared for the siting. The agreed price does not cover ‘making ,repairs to lawns, flower beds, gateways etc. The Seller is
not responsible for advising the size and/or thickness of any base and the Buyer is recommended to obtain professional advice for this.
8.1.3 If additional work is required the Seller’s employees will only undertake this where a formal request has been made by the Buyer in writing specifying the level of work required and the Seller has confirmed in writing that they will undertake such work and any
additional price over and above the previously advised and accepted daily rate. The Buyer to acknowledge acceptance in writing of the additional charge prior to the work being undertaken. Should additional work be found necessary during the siting process then the
Seller may agree verbally to do this subject to an additional fee although such agreement can only be made by the Sellers head office who will advise any additional cost which the Buyer must acknowledge and accept at that time.
8.1.4 Should the siting take longer than originally envisaged for any reason other than the Seller’s fault, the Seller shall be entitled to submit a further charge at the daily rate. By allowing the Seller to proceed with the siting the Buyer acknowledges that they are
responsible for an additional charge where appropriate.
8.1.5 The buyer or his appointed representative should be available at the end of the job and will be asked to confirm that the siting has been carried out satisfactorily by signing a form but it should be noted that we can not accept any responsibility should there be any
complaint in regard to the work undertaken if the buyer or his representative were not available when the job was finished or if the form has not been signed.
8.1.7 The buyer is also responsible to ensure that access from the front of the house to the fitting room is clear and not obstructed.
8.1.8 The Buyer is responsible for arranging parking on the agreed installation date within 50meters of the installation site. Failure to do so will result in an aborted call-out fee of £250. If parking permits are required, it is the Buyers responsibility to obtain the permit
before the installation takes place. If any information is required from the Seller by the local authority in order to facilitate parking, e g vehicle registration, please contact us on 01366 327210 to obtain the information required.
9 Warranties and liability
9.1 Subject to the conditions set out below the
Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship on delivery.
9.2 The above warranty is given by the Seller subject to the following conditions:
9.2.1 all natural materials supplied are subject to their natural markings, veinings, variations in colour, cracks and vents. These are supplied cramped; stopped or reinforced where necessary and no claim on this account can be made.
9.2.2 When samples have been submitted exact resemblances of the product supplied to the sample cannot be guaranteed.
9.2.3 Any descriptions of material offered are guidance and do not imply suitability for any particular purpose.
9.2.4 All thicknesses quoted are nominal and no liability is accepted for reasonable variations of whatsoever nature.
9.2.5 The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
9.2.6 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence including the incorrect storage of the Goods, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing),
misuse or alteration or repair of the Goods without the Seller’s approval.
9.2.7 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment.
9.2.8 The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
9.3 Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as consumer (within the meaning of the Unfair Contract Terms Act 19778), all warranties, conditions or other terms implied by statute or common law are
excluded to the fullest extent permitted by law.
9.4 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Buyer are not effected by these Conditions.
9.5 Any claim by the Buyer which is based on any defect in the quality of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 10 days from the date of delivery . If delivery is not
refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance
with the Contract.
9.6 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods
(or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.7 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the
express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or
otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these
Conditions.
9.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the
Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
9..8.1 Act of God, explosion, flood, tempest, fire or accident;
9.8.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.8.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.8.4 import or export regulations or embargoes;
9.8.5 strikes, lock outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);
9.8.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.8.7 power failure or breakdown in machinery.
10 Insolvency of buyer
10.1 This clause applies if:
10.1.1 If the buyer fails to make payment for the Goods in accordance with this contract of sale or commits any other breach of this contract of sale or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any
arrangement with its creditors or if any petition in bankruptcy is presented against the Buyer or of the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation
or reconstruction without insolvency) shall be passed or presented or if a receiver administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if any petition for the appointment of an administrator is presented
against the Buyer or if the Buyer shall suffer any analogous proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights it may have :
10.1.2 suspend all future deliveries of Goods to the Buyer and/or terminate the contract without liability upon its parts; and or
10.1.3 exercise any of its rights pursuant to clause 7
11 Export terms
11.1 In these conditions ‘Incoterms’ means the international rules for the interpretation of trade terms of the International Chamber of Commerce as in force at the date when the Contract is made. Unless the context otherwise requires, any terms or expression which is
defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these conditions of Incoterms and these conditions, the latter shall apply
11.2 Where the Goods are supplied for export from the United Kingdom or other Country of manufacture by or for the Seller , the provisions of this clause 11 shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any
other provision of these Conditions.
11.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.
11.4 Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered fob the air or sea port of export country and the Seller shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.
11.5 The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment. The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is
made after shipment, or in respect of any damage during transit.
11.6 Payment of all amounts due to the Seller shall be made in advance or by irrevocable letter of credit opened by the Buyer in favour of the Seller and confirmed by a bank acceptable to the Seller or, if the Seller has agreed in Writing on or before acceptance of the
Buyer’s order to waive this requirement, by acceptance by the Buyer and delivery to the Seller of a bill of exchange drawn on the Buyer payable 30 days after sight to the order of the Seller at such branch of Lloyds TSB Bank plc in England as may be specified in the bill
of exchange.
12 General
12.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that party at its registered office or principle place of business or such other address as may at the relevant time have been notified
pursuant to this provision to the party giving the notice.
12.2 No waiver by the Seller of any breach of the Contact by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
12.4 Any dispute arising under or in connection with these Conditions or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the
Institute of Chartered Accountants
12.5 The Contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
12.6 For the avoidance of doubt nothing in this Agreement shall confer on any third party any benefit or the right to enforce any terms of this Agreement.
WINTER CARE FOR GARDEN ITEMS
All our garden features are carved from natural stone, and because of the nature of natural stone we recommend that you take some precautions during the cold and frosty winter months.
It is advisable to cover stone and marble statues, fountains and other goods to protect them during these periods, an action that has been taken at Royal palaces and stately homes for a considerable period of time. We would also recommend if possible to drain fountains
during this time.
Garden fleece is widely available from garden centres and is commonly used to protect delicate plants from frost in winter. This would also be a suitable product for your garden feature.
CLEANING: Over time the stone or marble product will age and discolour, many customers like the effect that time has on their items but if however you would like to keep them
looking like new, it is possible with care to use a pressure washer on a low setting to clean them. Alternatively a mild detergent, bucket and scrubbing brush will do an equally good job.
If you are in any doubt or would like to talk to us about the care of your purchase please feel free to contact us on 01366 327 210, we will be happy to help.