The following conditions, the "Seller" means Zadmin Ltd,
The "Buyer" means the
person buying the product from the "Seller".
The statutory rights of the
buyer are not affected by these conditions. These conditions shall apply to all
contracts unless expressly varied in writing by the seller. Any inconsistencies
to Seller̢۪s terms, offered on behalf of the buyer shall be assumed to be void
unless accepted by the seller, in writing.
1. PAYMENT TERMS :
Upon placement of order, full payment must be made with cleared funds available
before goods are dispatched. Payment can be any of the following :
· Card payment, we accept Most
Major Credit Cards and Debit Cards,
If paying by Credit Card a
surcharge fee of 4% will apply.
· CHAPS or wire transfer into the
Seller̢۪s bank account before goods are delivered.
· Payments through PayPal facility asurcharge fee of 4% will apply.
· Cheque Payment, we accept
Cheques, but the funds will have to clear in our account before the order can
be dispatched. In the event of a dishonoured Cheque the Buyer̢۪s order
will be placed on hold until cleared funds are received, an extra Charge of
£30.00 will have to be paid by the Buyer to cover the bank and administrative
costs.
New accounts may be opened upon satisfactory bank and two trade references
being received. Meanwhile, orders will be accepted and dealt with by payment
made upon Proforma Invoicing.
The Seller reserves the right to ask the Buyer for a deposit or advance payment
before the Buyer̢۪s order can be processed. Alternative terms and methods of
payment to be mutually agreed and accepted in writing by the Seller.
2. DELIVERY :
The Seller offers a nationwide delivery service for which a small charge is
made. The Seller endeavoursto make deliveries within 5
working days, although an express next day delivery is available.Palletisedconsignments are left at the
nearest convenient access to the delivery address. Delivery of the goods does
not include carrying products into the premises. Any delivery dates quoted are
genuine forecasts but shall not be legally binding on the Seller. Time of
delivery shall not be the essence of any contract. In the event of the Seller
being unable to supply goods subsequent to receiving an order from the Buyer,
the Seller shall not be liable for any incidental or consequential loss
howsoever arising. It̢۪s the Buyer̢۪s responsibility, regardless of delivery
address, to ensure the goods are as ordered and they are of satisfactory
quality. The Seller strongly recommends that the buyer checks correct
description and quality on goods delivery notes. In the event of any
discrepancy whatsoever, the buyer must notify the Seller within 2 days of
arrival of consignment and before the goods are used in any way. Otherwise no
responsibility can be accepted for any claims. Upon acceptance of deliveries
the Buyer must sign the carrier̢۪s delivery note. Should examination at the time
of delivery not be possible the delivery note must be signed
"Unexamined" in order for any subsequent claim to be acceptable for
damage in transit. Claims for loss or damage must be made within 2 days of
arrival of consignment informing the Seller and carrier of the loss or damage
involved. Damaged items and packaging must be retained for inspection. The
Seller shall not be held liable otherwise. None arrival of goods dispatched
from the Seller must be notified to the Seller, within "24 hours" from
the quoted delivery date, immediately by telephone and also in writing. In all
events the limits of liability for any fault or defect in the product shall be
to a sum not exceeding the purchase price of the particular goods, and the
Seller shall not be liable for any loss howsoever arising. The Seller will not
accept any liability for delays caused by "forcemajeure" beyond the Seller̢۪s control.
3. RETURNS :
The Seller reserves the right of discretion, to accept/or to refuse the return
of any goods supplied.
A handling charge of 40% of the
Buyer̢۪s bill will apply if return accepted and the delivery cost.
It is the Buyer̢۪s
responsibility to ensure that all goods returned are properly packed and
returned in good condition.
Damaged goods will not be
accepted for credit. If upon receipt and examination of returned goods, the
Seller finds that there is a discrepancy in the stated reason by the Buyer for
returning the goods, the Seller reserves the right to refuse credit. The Buyer
will be responsible for all product faults up to and including 5%, the Seller
will accept responsibility over and above this level. Installation is viewed as
acceptance of goods supplied, which means any claims after this stage cannot be
accepted by the Seller.
4. RISK AND TITLE :
Risk in the goods shall pass the Buyer on delivery but goods shall remain the
sole and absolute property of the Seller as legal and equitable owner, until
the Buyer has paid to the Seller the agreed price together with the full price
of any other goods supplied by the Seller to the Buyer and in all cases payment
bychequeshall constitute payment only
on clearance of thecheque. Until Buyer becomes the
owner of the goods :
The Buyer shall not sell or part with possession of the goods.
The Seller may for the purpose of recovery of its goods enter any premises
where they are stored or where they are reasonably thought to be stored and
repossess them. If the goods belonging to the Seller are mixed with or
incorporated into goods belonging to the buyer the product shall belong to the
Seller. If goods belonging to the Seller are mixed with or incorporated into
goods belonging to any other person the product shall be owned in common with
that other person.
5. CANCELLATION :
In the event of cancellation of any order by the Buyer, the Buyer will be
responsible for all costs incurred by the Seller up to the point of
cancellation. The Buyer must notify the Seller of all cancellation in writing.
6. QUALITY :
Natural stone , Quartz, Marble, Granite, porcelain, ceramic, Slabs & Tiles,
Etc... are a product subject to a variation in textures and colours, therefore
retaining vein, Irregular markings, fissure lines and tonal diversity. For this
reason close uniformity of appearance is not natural or standard and should not
be expected. Buyer acknowledges that manufactured goods will vary in shading
and colourfrom both samples and from separated
manufactured batches. All illustrations contained on Seller̢۪s website and
brochures are issued for the sole purpose of giving an approximate idea of the
goods described in them. They will not form part of this contract.
7. MISCELLANEOUS :
Any correspondence or discussion entered into between the Buyer and the Seller
other than that referred to in schedules 1 to 6 herein shall not
constitute any part of this contact. Any other terms and conditions agreed,
outside the scope of this document, pre or post contract, shall only form part
of this agreement if specifically accepted by the Seller in writing so as to be
an added schedule to this existing contract.