1. Definitions
‘Agreement’ means the agreement by which you agree to purchase and we agree to sell the Goods.
‘We’ being Roann Ltd. trading at Kenmore Road, Wakefield 41 Industrial Park, Wakefield, West Yorkshire WF2 0XE under the registered company number 7177478 and ‘You’ being the customer.
The ‘Delivery Address’ refers to the address to which we agree to deliver the Goods.
The ‘Goods’ are the goods which we agree to provide on these terms.
The ‘Delivery Date’ is the date on which we agree to deliver the goods to the delivery address.
The ‘Price of Goods’ is the price of the goods exclusive of VAT and delivery.
The ‘Total Price’ is the price of the goods and delivery exclusive of VAT.
2. Orders
2.1 You order and agree to buy and we agree to sell the goods at the price subject to these terms and conditions.
2.2 These terms are the only terms and conditions governing the agreement.
2.3 This agreement replaces and supersedes any prior written or verbal agreement, representation or understanding between us (including employees of Roann Tiles/Roann Marble/Roann Ltd) in respect of the goods.
2.4 We are not liable for the misrepresentation, error or omissions of any print or web documentation.
2.5 We cannot be held responsible for circumstances beyond our control which includes shortfalls at source, natural disasters or delays effecting our suppliers or transportation to us.
2.6 Estimates provided by us of quantities of goods required will be based on general guidelines of which you should not rely. It is your responsibility to order the correct quantity as we will not be responsible for any shortfalls or surpluses.
2.7 It is your responsibility to check that all particulars relating to your order are correct and to provide us with any relevant information relating to the delivery and the environment to which the goods are intended to be used.
2.8 It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage, cutting, minor imperfections and breakage. Due to the nature of natural stone, the colour, size, and texture may vary therefore future orders may not match the original goods ordered.
2.9 Orders are only accepted on receipt of a signed ‘Order Confirmation’.
3. Goods
3.1 All descriptions, images and samples of our goods, are for the purpose of providing an approximate representation of the goods only.
3.2 Natural stones are products of nature and are subject to geological variation in terms of colour, size, and texture. We advise you to view as much of the goods as possible before entering into this agreement.
3.3 You should be aware that all of the goods are porous to some degree therefore it is recommended that they should be sealed. Some may be easily scratched or subject to natural chipping or pitting.
4. Price
4.1 The total price is exclusive of any VAT which you must pay in addition.
4.2 We reserve the right to change the price at any time by giving you notice before delivery to reflect the increase in the cost to us such as foreign exchange fluctuations, additional duties or increase in material costs.
5. Delivery & Collections
5.1 We shall endeavour to have the goods delivered to the delivery address on the delivery date. Our goods are delivered using independent companies therefore we cannot be held responsible for delays in delivery times by these companies once the goods have been dispatched.
5.2 The goods will be offloaded at the nearest accessible point to the delivery address and at the discretion of the driver, which may be the kerbside. The driver will not handle the goods.
5.3 You must inform us of any access restrictions or difficulties which may impede the delivery and ensure that a responsible person is present at the delivery address at the time of the delivery to supervise the offload and signing of the goods.
5.4 The cost of the delivery is an addition to the price but included in the total price.
5.5 If we are unable to deliver the goods due to the terms in clause 5.3, the goods will be retained by the driver and you will be responsible for any re-delivery or storage charges incurred.
5.6 You may only collect your goods from our warehouse in Seacroft with prior arrangement and only in a vehicle capable of being forklift loaded. We cannot be held responsible and will not accept any claims for damages and breakages for goods which you transport.
6. Acceptance of Goods
6.1 We will in no event be liable to you unless you are able to demonstrate to our reasonable satisfaction that there was a shortfall, damage or defect in the goods.
Businesses
6.2 You must inspect the goods on delivery or collection to ensure that there is the correct amount, they are undamaged and are of satisfactory quality.
6.3 You must notify us within 48 hours of delivery or collection for correction, replacement or refund of all or part of the price at our discretion.
6.4 If you do not reject the order within this time, you will have deemed to have accepted the goods and we will have no liability to you.
Consumers
6.5 We take care to ensure that all of our goods leave us in perfect condition. If there is any obvious damage, please inform us immediately to enable us to claim against the carrier.
6.6 If the goods are not of the correct type, or of unsatisfactory quality and undamaged and you notify us within 7 days, starting from the day of delivery or collection, you will be entitled to reject them and we will either refund you the total price or replace the goods. If you require a replacement of goods which you paid to have delivered, we will deliver the replacements to you. If you require a replacement of goods which you collected we will arrange for the replacement goods to be available for collection by you. If replacement goods are not available then a refund of the total price will be given.
6.7 If an incorrect amount of goods have been delivered or collected by you and you notify us in 7 days, we will arrange to deliver or make available the difference in the correct quantity of your order.
6.8 You will be deemed to have accepted the goods if you have not returned them or notified us within 7 days. We are not liable to accept returns after this time or after you have installed them.
7. Installation
7.1 Care should be taken when unpacking the goods as we cannot be held responsible for damage which occurs after delivery or after collection by you.
7.2 The Goods may have been subject to damp conditions in transit and may need to dry out before installation. You should ask your fitter to advise you if this is the case.
7.3 Any advice given by us or our staff relating to fixing products and installation is given in good faith and should be used as a general guide only unless a full survey of the site and goods to be installed has been given in writing.
7.4 It is your responsibility to ensure that the correct fixing products are used for the surface and environment in which the goods are to be installed. We recommend that you take advice from a professional fitter.
7.5 We do not offer an installation service and it is your responsibility to ensure that a professional fitter is used. We strongly recommend that you take up independent references.
7.6 We cannot therefore be held responsible for the installation of the goods or for any damage caused during installation.
8. Payments
8.1 The ownership of the goods will not pass to you until we have received payment in full of the total price.
8.2 Payment for the goods is required on confirmation of your order. Goods will not be dispatched unless cleared funds are received.
8.3 30 days credit for payment of the goods is only obtained by you with prior arrangement with us. Failure to pay for the goods on the due date will incur interest charges on the total price from the due date of payment until the date you make the payment at a rate of 2% above the base rate of National Westminster Bank Plc on a daily basis in addition to a single late payment charge of £25.00.
9 . Limitation of Liability
9.1 Our total liability to you, whether in contract, tort, negligence, breach of statutory duty, misrepresentation, or otherwise, will be limited to the price of the goods. We will not be liable to you for the loss of profits or loss of business, depletion of goods or for any indirect or consequential loss or other consequential compensation. We will not accept liability to you in respect of lost working time or the cost of third party contractors.
9.2 Nothing in this agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraudulent misrepresentation in respect of a false or misleading statement.
Businesses
9.3 We will be liable to you if you inform us about any shortfall, damage or defect in the goods within 48 hours after delivery or collection as appropriate but not otherwise. If you notify us within this period, our only obligation to you will be to make good any shortfall or non-delivery or to replace or repair any damaged or defective goods and only at our discretion.
Consumers
9.4 We will be liable to you if you inform us of any shortfall, damage or defect in the goods within 7 days after delivery or collection as appropriate but not otherwise. If you notify us within this period, our only obligation to you will be to make good any shortfall or non-delivery or to replace or repair any damaged or defective goods or to refund to you the amount paid for the damaged or defective goods at our discretion.
10. Consumers Rights of Cancellation
10.1 This clause only applies if you are acting for the purpose outside your business.
10.2 You may cancel this agreement within 7 working days beginning the day after you receive the goods.
10.3 You cannot cancel this agreement if the goods have been specifically made for your purpose, for example a ‘Special Order’, or if you have used, sold, or installed them.
10.4 If you wish to return the goods then you must return them within 28 days from the date of delivery. We are not liable for the cost of returning goods.
10.5 Returns and refunds of unopened boxes depends on shades being compatible with current stock held and will be entirely at our discretion.
Complaints
Should you have any complaints, please write to us at Roann Marble Company Limited. Kenmore Road, Wakefield 41 industrial park, Wakefield, West Yorkshire WF2 0XE. Telephone us on 01924 834111 or email becky@roann.co.uk or debbie@roann.co.uk.