Trading Terms
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Definitions
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In these Terms:
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“Seller” refers to Crescent Stone Ltd., registered office at 14 Britannia House, Base Business Park, Rendlesham, Woodbridge, Suffolk. IP12 2TZ United Kingdom and Company Number: 14017537
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“Buyer” refers to the company, sole trader or private individual purchasing goods from the Seller.
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“Goods” refers to paving stones, decorative stones, landscaping materials, or related products supplied by the Seller.
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“Contract” refers to the agreement between the Seller and Buyer, incorporating these Terms.
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Basis of Sale
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These Terms apply to all sales of Goods by the Seller to the Buyer and supersede any other terms unless expressly agreed in writing by the Seller.
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Orders placed by the Buyer constitute an offer to purchase Goods under these Terms. A Contract is formed when the Seller accepts the order in writing or delivers the Goods.
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Quotations provided by the Seller are valid for 30 days unless otherwise stated, subject to stock availability and price changes.
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Price and Payment
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The price of Goods shall be as stated in the Seller’s quotation or price list at the time of order acceptance, exclusive of VAT unless otherwise stated.
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Delivery charges may apply and will be specified separately.
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The Seller reserves the right to adjust prices due to changes in material costs, labour, or other factors beyond its control, with reasonable notice to the Buyer.
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Payment is due within 7 days of the invoice date unless otherwise agreed in writing. Payment shall be made in GBP via bank transfer to the account specified on the invoice.
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Late payment will incur interest at 4% above the Bank of England base rate per annum, calculated daily, and the Seller may suspend further deliveries until payment is received.
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Delivery
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Delivery dates provided by the Seller are estimates only and not guaranteed. The Seller shall not be liable for delays caused by factors beyond its reasonable control (e.g., weather, supply chain issues).
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Delivery shall occur at the Buyer’s specified UK address or as agreed. Risk in the Goods passes to the Buyer upon delivery.
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The Buyer must inspect the Goods upon delivery and notify the Seller of any defects, shortages, or damage within 3 days. Failure to do so deems the Goods accepted.
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If the Buyer fails to take delivery, the Seller may charge reasonable storage costs until delivery is completed.
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Title and Risk
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Title to all Goods shall remain vested in the Seller and shall not pass to the Buyer until the purchase price for the goods has been paid in full and received by the Seller
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Until the title to the goods passes to the Buyer:
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The Seller shall have the authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods.
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The Seller and its agents and employees shall be entitled at any time and without the need to give notice to enter upon any property upon which {the Goods} or any part are stored, or upon which Seller reasonably believes them to be kept;
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The Buyer shall store or mark the goods in a manner reasonably satisfactory to the Seller, indicating that title to the goods remains vested in the Seller.
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The Buyer shall insure the Goods to their full replacement value and arrange for the Seller to be noted on the insurance policy as the loss payee.
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Risk of loss or damage to the Goods passes to the Buyer upon delivery or when the Goods are made available for collection if agreed.
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Quality and Warranty
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The Seller warrants that Goods will conform to their description and be of satisfactory quality as per the Sale of Goods Act 1979.
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Natural variations in colour, texture, or size of paving stones and landscaping materials are not defects. The Buyer is responsible for ensuring the Goods meet their specific requirements.
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If Goods are defective, the Seller will, at its discretion, replace the Goods or refund the price, provided the defect is reported within 14 days of delivery.
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Liability
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The Seller’s liability is limited to the price paid for the Goods. The Seller shall not be liable for indirect or consequential losses (e.g., loss of profit, business interruption).
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Nothing in these Terms excludes liability for death, personal injury, fraud, or any other matter that cannot be limited by law.
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Force Majeure
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The Seller shall not be liable for failure to perform due to events beyond its reasonable control, including but not limited to strikes, natural disasters, or supplier delays.
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Termination
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The Seller may terminate the Contract immediately if the Buyer breaches these Terms, becomes insolvent, or fails to make payment when due.
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Upon termination, all outstanding payments become immediately due, and the Seller may reclaim Goods for which payment has not been made.
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Returns and Cancellations
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Orders may be cancelled by the Buyer with written consent of the Seller, subject to a 20% restocking fee if Goods have been prepared or dispatched.
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Non-faulty Goods may be returned within 14 days of delivery, subject to prior agreement, in original condition, with the Buyer bearing return costs.
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Governing Law and Jurisdiction
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These Terms and any disputes arising under them shall be governed by English law, with exclusive jurisdiction of the courts of England and Wales.
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General
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Any variation to these Terms must be agreed in writing by both parties.
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If any provision of these Terms is found invalid, the remaining provisions remain enforceable.
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These Terms do not create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.
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