Terms & Conditions
1 Definitions:
In these terms and conditions the “Company” shall mean CED Limited and the “Customer” shall mean the corporate entity firm or person to whom goods or services, ‘the goods’ are supplied.
i These terms and conditions cover all sales contracts between the Company and the Customer and no variation in these terms and conditions shall be permitted unless expressly agreed in writing by a director of the Company.
ii A contract will only be formed when the Company has accepted an order by the Customer to supply the goods. However, the Company reserves the right, at its sole discretion, to refuse any order placed by the Customer without needing to provide a reason for such refusal and retains the right to alter its position within 48hours. When an order is placed with the Company the Customer is deemed to have fully satisfied themselves as to the Terms & Conditions of the Company and to have accepted them as being fully binding. Not withstanding anything to the contrary in any terms and conditions attached to the Customers order, the terms and conditions of the Company govern any contract entered into and are deemed to be incorporated into any order placed.
iii The Customer hereby authorises the Company to obtain such credit reports as it may require on the customer and its principals partners and directors.
2 Price:
Unless otherwise agreed the price payable shall be in pounds sterling.
i Unless otherwise agreed the price payable shall be that ruling at the date of delivery of the goods.
ii The Company reserves the right to vary the price payable as a result of increases or reduction in costs or currency fluctuations affecting the imported materials which may occur prior to the dates of delivery.
iii Prices cover delivery unless otherwise stated and working in normal working days during normal working hours. The Company shall be entitled to make an extra charge where supply is requested outside normal times.
iv All quoted prices are exclusive of any Value Added Tax which may be payable.
3 Delivery:
Any times periods or dates quoted for the delivery of goods by the Company are approximate only and do not impose an obligation on the Company to deliver on or before the quoted times periods or dates.
i The Company shall not be liable for any loss howsoever arising and caused by its failure to deliver or to make goods available for collection on the due date.
ii The Company reserves the right to deliver by instalments and to render a separate invoice for each instalment.
iii Delivery shall be effected at the point of arrival at the address specified by the Customer or at the point of collection of the goods by the Customer. If required to do so the Customer shall unload the vehicle expeditiously and shall provide all labour and tackle for so doing.
iv The Customer shall be responsible for any demurrage or waiting time caused by any delay in unloading and an appropriate charge will be made in any event where such delay exceeds one hour.
V If in the opinion of the Company the ground or access over which delivery or unloading is required is unsuitable for safe passage the Company may refuse to deliver or deliver to the nearest accessible point.
vi The Customer agrees to indemnify and hold harmless the Company from any claims, loss, damages, or expenses arising from injuries to persons or damage to property during unloading.
4 DAMAGES/INCORRECT DELIVERY
Products must be inspected for any damages prior to arranging installation. If a Customer believes that there is an issue with the goods, they should contact the Company immediately and NOT install the goods. Once the good have been installed the Customer shall be deemed to have accepted the goods. The Company shall not be liable for any costs associated with any damaged/incorrect goods that have been installed or laid.
The Customer shall be free to check loose items such as aggregates, rockery, setts, etc, before they are tipped and signed for.
Where a Customer believes that an order is incorrect or believes a mistake has been made, they will need to inform the Company within 3 business days of the delivery. Failure to inform the Company of any mistake outside of the specified timeframe will be deemed as acceptance by the Customer.
Where the Customer has advised of a mistake and the Company determines that it is at fault, the Company will collect the material at no cost to the Customer. The order will be refunded in full or an exchange will be made.
If Customer is unhappy with colour variations, veining or any natural occurrence within a natural stone product the Company will accept the return, but Customers shall be responsible for arranging transport and insurance of the goods. See ‘Change of Choice’
4aCHANGE OF CHOICE
The Customer has the right to cancel an order within 14 days of the delivery date subject to the terms below.
Bespoke items and loose tipped materials such as aggregates, sands, rockery etc are non-refundable.
If a Customer chooses to cancel an order within the accepted term of 14 calendar days they will be responsible for returning the material to the nearest CED Stone Landscape Depot. The Company can arrange collection of the material but this will incur a collection fee by the Customer.
The Company cannot accept change of choice returns for tipped loose items such as but not limited to aggregates and rockery.
Products must be returned in the same condition and original packaging as they were supplied in (the Company will not accept returns of pre sealed bags / tubs / containers which have been opened). Everything must be packed in a safe and secure manner to arrive back undamaged. The Customer is required to take a photo of the packed pallet(s) and email it to the Company prior to it being collected.
Please note the Company may not be able to accept a return if the product has been moved after delivery and the Company’s couriers are not able to load the order onto their vehicle. Products must be accessible and stacked so that they can be moved or loaded safely.
Once the Company has received, checked, and processed a return, a refund will be issued to the card or account used to originally make the purchase. Delivery costs will be non-refundable and if collection is required the cost will be deducted from the value of the refund.
ALL CHANGE OF CHOICE RETURNS MAY INCUR A 15% RESTOCKING CHARGE
4bBESPOKE / SPECIAL ORDER ITEMS
Bespoke or Special Order items are NON-REFUNDABLE
When purchasing bespoke made to order products the Customer has no right to return bespoke or special order goods. Measurement/dimensions should be sent to the Company via email and all stone will be cut to the measurement as described on the invoice. It is important that all measurement/dimensions are thoroughly checked before stone masons are instructed to complete works. Payment of an invoice assumes all measurement have been approved. The Company will not accept liability for incorrect measurement/dimensions.
4cPAVING PRODUCTS
The Company will not accept return of any paving products that have been cut, laid or damaged on site and will not accept returns of pre sealed bags or tubs / containers which have been opened. It is the Customer’s responsibility to ensure the correct amount has been ordered. When ordering paving materials it is recommended to add at least 10% more than the area to be laid to allow for cuts and damages.
4dPORCELAIN TILES
Porcelain is produced in different batches which may not be suitable to lay together so it is the Customers responsibility to ensure that enough of the correct same batch is ordered to cover any project as the Company will be unable to guarantee availability of the same batch at a later date.
Due to the nature of the manufacture of porcelain paving and differing shades, work sizes and batch numbers we cannot accept returns for anything other than full unopened crates of porcelain paving. Crates must have product label still attached.
4ePART ORDER RETURNS
Items such as paving must not be cut or laid, items such as aggregates must still be bagged. Please contact a local depot to discuss part order returns.
Products must be returned in the same condition and original packaging as they were supplied in (the Company will not accept returns of pre sealed bags / tubs or containers which have been opened). Everything must be packed in a safe and secure manner to arrive back undamaged. Photos of the packed pallet(s) must be emailed to the Company prior to collection.
The Company may not be able to accept a return if the product has been moved after delivery and a courier is not able to load the order onto a vehicle.
Once the Company has received, checked, and processed a return, a refund will be issued to the card or account used to originally make the purchase. Please note delivery costs will be non-refundable and if collection is required the cost will be deducted from the value of the refund.
4fALL PART ORDER RETURNS WILL INCUR A 15% RESTOCKING CHARGE.
Refunds will be processed and paid back onto the original payment method. The Company will issue a refund within 14 days of the goods being returned. Proof of purchase may be required.
5 Force Majeure:
Deliveries may be partly or totally suspended by the Company at any time when delivery is prevented or hindered by circumstances outside the Company’s control. Such circumstances may include inter alia the following factors affecting the Company or its suppliers: Act of God force majeure war hostilities (whether war is declared or not) act of terror riot civil commotion explosion invasion military or usurped power strike lockout industrial action abnormal weather conditions fire flood Government action or regulations (UK or otherwise) delay by suppliers accidents breakdown shortage of materials labour or facilities.
6 Passing of Property:
Notwithstanding the delivery of the goods or to the Customer, the goods shall remain the sole and absolute property of the Company until the Company has received payment in full for the goods, including settling any outstanding amounts owed by the Customer for any other goods supplied by the Company. The risk associated with the goods shall pass to the Customer upon delivery, however, ownership shall only transfer once full payment is made, underscoring the condition that until such time, the Customer acts as the Company’s fiduciary agent and bailee. The Customer is responsible for ensuring the goods are properly stored, protected, insured, and distinctly marked as the property of the Company.
If payment is overdue, in whole or in part, the Company reserves the right, without prejudice to its other rights, to recover or re-sell the goods or any part thereof and may enter the Customer’s premises to reclaim possession. This underscores the importance of the Customer maintaining the goods in an identifiable condition as belonging to the Company and the obligation to promptly direct any proceeds from the sale of such goods towards the settlement of amounts owed to the Company.
Furthermore, the Customer is permitted by the Company to use or sell the goods delivered under the condition that they are stored in such a manner as to be clearly identifiable as the property of the Company and not to mix them with other goods in a way that makes them indistinguishable. Should the goods be sold while the title remains vested in the Company, the Customer agrees to hold the sale proceeds in trust for the Company, prioritising the discharge of sums due. The immediate allocation of such proceeds towards the satisfaction of debts to the Company underscores the fiduciary responsibility of the Customer. The Customer’s right to use or sell the goods shall automatically cease if conditions arise that permit the Company to terminate the contract, reinforcing the Company’s continuing interest in the goods until full payment is received.
7 Claims:
The Company shall not be liable to the Customer for damage shortage or discrepancy that would be apparent on careful inspection of the goods by the Customer unless such claim is notified within 24 hours of delivery (except in issues with intending special circumstances justifying delay) and in any event in writing within 7 days (time to be of the essence hereof) of the date of the delivery detailing the alleged damage shortage or discrepancy and providing a reasonable opportunity to the Company to inspect the goods before they are put to any use.
i No shortage in respect of goods sold by weight will be accepted unless properly weighed over a public weighbridge and respective certificates of weight produced
ii The liability of the Company in respect of any claim whatsoever, whether founded upon an allegation of negligence (except where the claim relates to personal injury of death) or otherwise and whether or not in respect of any damage shortage or discrepancy that would be apparent on a careful inspection by the Customer, shall be limited to the free replacement of defective goods and claims for loss of profits increased cost of working or any other consequential losses are expressly excluded.
8 Payment:
Payment for the goods supplied by the Company is due within 30 days from the invoice date for all Customers, unless a different payment period has been expressly agreed in writing. In cases where payment has not been received by the due date, the Company will charge interest on the overdue amount at a rate of 4% above the Bank of England’s base rate, accruing daily until full payment is made.
For Customers with credit facilities, all sums become due and payable on the last day of the month following the month in which delivery occurred. The essence of timely payment is emphasised for all transactions.
Should there be repeated failures to make payment in a timely manner, the Company reserves the right to suspend further deliveries or terminate existing contracts, without prejudice to any other rights or remedies available.
Additionally, the Company is entitled to recover from the Customer any costs incurred in connection with and in anticipation of proceedings to recover overdue sums. The Customer may not withhold or offset payment due to any claim of loss or damage arising from the Company’s act or default, or in relation to goods that are alleged to be defective.
For those not granted credit facilities, payment for the goods must be made in full prior to the supply, delivery, or collection of goods. The Customer indemnifies the Company against all costs incurred in the recovery of overdue sums, ensuring the financial integrity of the business relationship is maintained.
9 Warranty:
The Company acts as a supplier of goods to the order of the Customer and knowledge if any of the purpose for which the goods are intended to be used does not imply any representation or warranty by the Company as to the quality or fitness for purpose of the goods supplied. The use of the goods is the sole responsibility of the Customer.
i Unless otherwise expressly agreed in writing by a Director of the Company all goods are supplied without any warranty as to their size dimension or weight. All quotations as to size dimension or weight given by the Company are approximate only and do not impose any obligation on the Company to supply the quoted size dimension or weight.
10 Right to Audit:
The Company reserves the right to audit the Customer’s use of the goods to ensure compliance with the agreed terms. This audit may be conducted with reasonable notice and shall not unreasonably disrupt the Customer’s operations. The Customer agrees to cooperate with the Company in such audits.
11 Limitation of Liability:
The Company shall not be held liable for any indirect, special, consequential, or incidental loss or damage, including but not limited to loss of profit, loss of business, business interruption, or loss of business opportunity, resulting from the late or non-delivery, fault, failure, defect in the goods supplied, or from the goods not meeting the quality, quantity, or fitness for the purpose intended. This provision does not in any way limit the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the Consumer Protection Act 1987 or any other applicable law.
12 Samples:
Samples of goods provided by the Company are intended as a guide to the general character and substance of the goods and the Company is not liable if the bulk of the goods do not correspond with any samples
i It is the responsibility of the Customer to determine the quantity of sample which may be necessary and the time of its supply in order to ensure that the sample may be representative of the bulk.
13 Termination of Contract:
No cancellation by the Customer is permitted except where expressly agreed by the Company. The Company may without prejudice to its other rights be immediately entitled to suspend or cancel each or any of its contracts with the Customer upon the occurrence of any of the following:
i The Customer shall fail to make payment of any sum owing on the due date or commits any act of bankruptcy or makes any arrangements with its creditors or if any execution or distress is levied upon the goods of the Customer or
ii Being a body corporate shall have a receiver or administrative receiver appointed or if any petition be presented for an administration order or if any petition be presented or resolution passed for the winding up of the same (otherwise than for the purpose of a bona fide amalgamation or reconstruction) or Compounds with its creditors or becomes insolvent or any step is taken to proceed to such winding up or receivership or
iii The Customer makes default in respect of any of its obligations under any of its contracts with the Company. Any occurrence of the above events shall render all amounts owing in respect of goods sold by the Company to the Customer to become immediately due and payable.
14 Waiver:
Any failure delay or indulgence by the Company in the exercise of its rights shall not limit or extinguish the rights or remedies available to the Company under the Contract.
15 Confidentiality:
The Customer agrees to maintain the confidentiality of all proprietary information received from the Company and to use such information only for purposes consistent with the agreement. This obligation shall survive the termination or expiry of this agreement.
16 Jurisdiction:
All contracts between the Company and the Customer shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.
17 Amendments at the Company’s Discretion:
The Company reserves the right to amend these Terms and Conditions at any time. All amendments will take effect immediately upon their posting on the Company’s website or direct notification to the Customer. The Customer’s continued engagement with the Company following such amendments will constitute acceptance of the new Terms and Conditions.