Terms and Conditions

The case of Goods to be delivered at the time of delivery or, if you wrongfully fail to take delivery, once we have attempted to deliver the Goods at the arranged time. You shall be responsible for unloading the Goods at the point of delivery at your own expense and risk.
4.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms, ownership of the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by us to you for which payment is then due.
4.3 If you are not a Consumer then, until such time as ownership if the Goods passes to you, you must hold the Goods as our fiduciary agent and bailee, and must keep the Goods separate from your own goods and third parties’ goods, and properly stored, protected and insured and identified as our property. Until that time you shall be entitled to resell or use the Goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any of your own or third parties’ moneys or property and, in the case of tangible proceeds, properly stored, protected and insured.
4.4 If you are not a Consumer, then until such time as ownership of the Goods passes to you (and provided the Goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the Goods to us and, if you fail to do so forthwith, to enter upon your premises or any third party’s premises where the Goods are stored and repossess the Goods.
5 WARRANTIES
5.1 We warrant to you that the Goods are of satisfactory quality and reasonably fit for a) any purposes for which products of the kind are commonly supplied, and b) any purpose you made known to us before entering the Contract.
5.2 Subject as expressly provided in this Contract, and unless you are a Consumer, all warranties, terms or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where you are a Consumer transaction your legal rights are not affected by this Contract.
6. LIABILITY - PLEASE READ THIS CLAUSE IN PARTICULAR AS IT LIMITS OUR LIABILITY TO YOU
6.1 You acknowledge that stone is a natural product in which variations in colour, marking, size and thickness should be expected.
6.2 All samples, drawings, specifications and illustrations given by us and issued or published are intended only to give an approximate description of the Goods. Natural products will vary in colour and marking and this is not a sale by sample. Certain stones contain fissures and vents as part of their natural feature. For this reason we do not give any express or implied warranty that the Goods will correspond in every respect with any description, photograph or sample provided. 
6.3 Your use of the Goods shall be exclusively at your risk.
6.4 Where we specify the thickness of the Goods, a tolerance of plus or minus 3 millimetres shall be deemed to have been incorporated into any description supplied.
6.5 Where you notify us of a 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, we shall be entitled to repair and/or replace the Goods (or relevant part of the Goods) free of charge or, at our option, to refund to you the price of the Goods (or a proportionate part thereof), but we shall have no further liability to you.
6.6 These terms do not limit liability for any of the following: a) death or personal injury caused by either party’s negligence, b) fraud or fraudulent misrepresentation, c) anything else which cannot be excluded by law.
6.7 Subject to clause 6.6, our liability (whether by reason of any representation, implied warranty, duty at common law, or term of this Contract) for any indirect or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for any indirect or consequential compensation whatsoever (and whether caused by our negligence or that of our agents or employees) which arises out of or in connection with the supply of the Goods (or shortage thereof) or your use or resale of them, except as expressly provided elsewhere in this Contract, shall be limited to £1.
6.8 Force majeure. We shall not be liable to you or be deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to anything beyond our reasonable control. The following is a non-exhaustive list of events to be regarded as beyond our reasonable control: unavailability of materials from our suppliers, act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees of those of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
6.9 You are solely responsible for ascertaining the quantities you require. Estimates of quantities required are given without any obligation on our part. You must check all templates comply with your requirements.
6.10 Natural products should be professionally installed and may require sealants or chemical treatment. Sealants or treatments supplied by us must be applied in accordance with manufacturers’ instructions. Unless we install the Goods for you pursuant to clause 9, we are not liable for any damage to the Goods arising out of faulty installation, even if we recommended the installer to you.
6.11 We will provide you with guidance on the proper care and treatment of the Goods. We shall not be liable for any damage you may do to the Goods through disregarding this guidance.
6.12 If you are not a Consumer: if the Goods are broken, insufficient, or defective or do not correspond with their specification (whether or not you refuse delivery) you must notify us within 5 days of delivery and before the product has been installed. If delivery is not refused, and you do not notify us within 5 days, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure. You shall be bound to pay the price and the Goods shall be deemed to have been delivered in accordance with the Contract.
6.13 If you are a Consumer: once you have begun to install the Goods it can be difficult to tell whether any damage was caused by us, or through installation. For this reason you must inspect the Goods carefully before installation takes place. Once you have begun to install the Goods we are entitled to assume that the relevant Goods are not defective and you may not then return them to us.
7 INSOLVENCY of the BUYER
7.1 If you make any voluntary arrangement with your creditors or become subject to an administration order or bankrupt or go into liquidation or an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets, or you cease or threaten to cease, to carry on business or we reasonably believe that any of the events mentioned above is about to happen to you and we notify you accordingly then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel this Contract or suspend any further deliveries under this Contract without any liability to you. If the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
8 GENERAL
8.1 You may not assign the Contract without our written consent.
8.2 Any notice required or permitted to be given by either of us to the other under these terms shall be in writing and sent to the relevant party at the address set out on the Order Acknowledgement.
8.3 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.4 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
8.5 The Contract will be governed by the laws of England and the parties submit to the jurisdiction of the English Courts.
8.6 For the purposes of these terms, “Consumer” means a natural person who is acting for purposes outside his or her trade, business or profession.
9 INSTALLATION
9.1 If you ask us to install the Goods we will do so on the terms of this clause 9.
9.2 We will install the Goods with reasonable care and skill and in accordance with any specification of works agreed in writing between us and signed by both parties. The scope and price of the services shall be agreed in writing before the services commence, and we shall not be obliged to carry out services which are outside the scope agreed.
9.3 We will use our reasonable endeavours to comply with any dates discussed in advance, but such discussions shall not be binding and shall be taken as estimates only. Time shall not be of the essence for installation.
9.4 You must co-operate with us to allow us to provide the services, including allowing us access to the site where the Goods are to be installed at all reasonable times and obtaining all necessary licences and consents.
9.5 We will invoice you at staged intervals during the project as agreed before the start of the services.
9.6 Save as set out in clause 6.6, our total liability for loss or damage arising out of our provision of the services for your loss of profits, loss of anticipated savings, loss of contract, loss of use or any special indirect, consequential or pure economic loss, costs, damages, charges or expenses shall in all cases be limited to £1.
10 DISTANCE SALES
10.1 If you a) place your order by phone or internet and b) you are a Consumer, this will be a distance sale in which case the rest of this clause 10 applies to you. However this clause will not apply to you if you examine the Goods or similar goods at our premises and later place an order by phone or internet, or if the Goods are bespoke to your requirements.
10.2 You may cancel your order at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods, less our delivery costs.
10.3 To cancel, you must inform us in writing. You must also return the Goods to us immediately, in the same condition in which you received them and packaging intact, and at your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.4 You will not have any right to cancel for the supply of any Goods which are bespoke or adapted for use by you specifically.
10.5 If we are providing services under clause 9, you recognise that your right to cancel the order under clause 9.2 will no longer apply once we have begun the work.

Marble Interiors Ltd

0208 944 2020