Definitions

  • Goods – All articles and/or services sold to the Buyer,(being the person(s) or company who’s order for goods is accepted by Hardy Stone Company) including replacements for defective Goods.
  • Contract – The Contract between the Buyer and Hardy Stone Company Limited for the sale of Goods.

Acknowledgement

All orders will be accepted by Hardy Stone Company Limited subject to and in accordance with the following terms and conditions of sale which shall be deemed to be incorporated into a Contract for the sale of Hardy Stone Company Limited’s Goods. By the placement of an order (by whatever means) the Buyer will be deemed to have acknowledged and accepted the said terms and conditions and will be bound by them. Hardy Stone Company Limited will not accept any purported variation to the said terms and conditions that may be included in any written document (including any order form) from the Buyer, except by prior written agreement.

Samples

Natural stone products are likely to show variations in structure, veining, colour and thickness. Any samples provided can be considered as an approximate rather than exact representation of the product in question.

Prices

Prices charged are those prevailing at the time of despatch. Prices quoted in any Hardy Stone Company Limited publication are current at the time of printing. Hardy Stone Company Limited reserves the right to amend prices at any time without prior notice.

V.A.T.

All prices are subject to V.A.T. at the current rate prevailing at the time of delivery.

Settlement Terms

  1. All payments are due on a payment before despatch basis.
  2. An interest charge will be imposed on invoices still outstanding after 7 days with a minimum charge of £1.00.
  3. Hardy Stone Company Limited reserves the right to charge for copy invoices or credit notes at the rate of £1.00 per copy where the original has been lost or misplaced by the Buyer.
  4. If legal action is taken to recover monies due to Hardy Stone Company, then Hardy Stone Company Limited reserves the right to charge the Buyer an administration charge.

Hardy Stone Company Limited reserves the right in its absolute discretion to grant, refuse or discontinue any order at any time.

Change of Address

Hardy Stone Company Limited must be notified of any change of address in writing, which must be sent by recorded delivery. The Buyer will be responsible for any and all costs and expenses resulting from the failure to notify.

Orders

Written confirmation of telephone orders are required. Failing such confirmation, Hardy Stone Company Limited will not be held responsible for any misinterpretation. Hardy Stone Company Limited reserves the right to refuse any order at any time. No order may be cancelled without the previous written agreement of Hardy Stone Company.

Export

Separate Conditions of Sale apply to export transactions (available on request from our Export Department). The Buyer is responsible at the Buyer’s own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined.

Hardy Stone Company Limited reserves the right in its absolute discretion not to supply certain Buyers or countries and to enquire of the Buyer full details of the end use and final destination of the Goods.

General Descriptive Matter

  1. All specifications, drawings and particulars of weights, dimensions, capacity or other details contained in this website are intended to give a general idea of Hardy Stone Company Limited’s products but will not form part of the Contract.
  2. Hardy Stone Company Limited shall take all reasonable steps to ensure the accuracy of technical details relating to the Goods in the catalogue but Hardy Stone Company Limited accepts no liability in Contract or tort or under statute or otherwise for any damages or injury arising directly or indirectly from any error or omission in such technical detail whether caused by Hardy Stone Company Limited’s negligence or otherwise.

Performance

  1. Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by Hardy Stone Company Limited in writing, Hardy Stone Company Limited shall be under no liability whatsoever for any failure to attain such figures whether attributable to Hardy Stone Company Limited’s negligence or otherwise.
  2. The responsibility for ensuring that Goods are sufficient and suitable for the Buyer’s requirements is the Buyer’s sole responsibility save insofar as Hardy Stone Company Limited have specifically advised the Buyer in writing that the Goods are sufficient and suitable for the Buyer’s purposes, having been fully and accurately advised by the Buyer of the Buyer’s requirements.

Guarantee

  1. Not all Goods supplied by Hardy Stone Company Limited are supplied with a manufacturer’s or Hardy Stone Company Limited guarantee.
  2. The guarantees that are supplied vary in duration.
  3. It is the Buyer’s responsibility to check at the time of purchase whether Hardy Stone Company Limited’s guarantee is applicable, and if so, its duration. Where Goods are covered by Hardy Stone Company Limited’s guarantee, the following applies:

    Any defects which under proper use appear in the Goods within a period of twelve months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made good by Hardy Stone Company Limited either by repair, or at Hardy Stone Company Limited’s option, by replacement, provided the Goods are returned in accordance with the “Returns” clause below.

    Hardy Stone Company Limited’s guarantee is provided by Hardy Stone Company Limited and accepted by the Buyer in substitution for all express or implied representations conditions or warranties, statutory or otherwise, as to the state satisfactory quality fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship and all such representations, conditions and warranties are hereby excluded.

  4. Where Goods are covered by a manufacturer’s guarantee, then Hardy Stone Company Limited’s liability to repair or replace those Goods ends at the end of the period of the guarantee provided by the manufacturer.
  5. Hardy Stone Company Limited’s sole obligation and the Buyer’s sole remedy under this provision is limited to the reasonable cost of repair or replacement of the Goods supplied.

Personal Collection of Goods

A Buyer wishing to collect Goods from the Trade Counter must do so within 2 working days of arranging the collection. If the Goods are not collected within the said period, Hardy Stone Company Limited will charge the Buyer a restocking fee.

Returns

  1. No order may be cancelled without the previous written agreement of Hardy Stone Company. Without such written agreement, Hardy Stone Company Limited may not accept the return of any Goods incorrectly ordered or no longer required. Any cancellation of order will only be considered if made in writing. If cancellation is accepted by Hardy Stone Company, then Hardy Stone Company Limited may charge a restocking fee representing a percentage value of the Goods.
  2. Hardy Stone Company Limited will only accept returns under guarantee if they are accompanied by a document in writing stating the date of purchase and original invoice number.
  3. Exchange units will be invoiced at the “buy” price and a credit for the difference between the “buy” price and the “exchange” price will be raised, subject to receipt of the faulty item at Hardy Stone Company Limited no later than four weeks after the date of the original sales invoice, the number of which must be quoted.
  4. Hardy Stone Company Limited will not accept responsibility for Goods which, in its opinion, have been the subject of undue wear and tear, accident, misuse, improper application or neglect. Hardy Stone Company Limited’s opinion on this is final.
  5. The Buyer will be responsible for ensuring that all returns are delivered to Hardy Stone Company Limited and for providing proof of delivery of such return. If proof of delivery is not provided, then no credit will be given by Hardy Stone Company.
  6. Without prejudice to “Returns” clauses (1)-(5), Hardy Stone Company Limited reserves the right to replace, repair or refund payment in respect of all Goods returned at its absolute discretion.
  7. Except in any case where the Goods supplied are deemed to be faulty, or incorrectly manufactured. Goods that are manufactured to order cannot be returned. In the event a cancellation of an order for Goods manufactured Hardy Stone Company Limited will charge the Buyer for the whole or any part of that order that has been manufactured prior to cancellation.

Delivery Schedules

  1. Delivery will take place to the address specified by the Buyer. Hardy Stone Company Limited may make delivery by any method of transport available to Hardy Stone Company.
  2. Hardy Stone Company Limited reserves the right to deliver the Goods by instalments.
  3. A price will be charged at the rate applicable to the total quantity of Goods ordered.
  4. Deliveries by instalment can only be accepted for a maximum period of six months from the date of order.

Delivery

Hardy Stone Company Limited will use reasonable endeavours to meet delivery estimates but cannot accept any liability whatsoever for failure to do so however arising. Failure to meet a delivery date where deliveries are by instalment under the Contract in accordance with “Delivery Schedules” clause (4) shall not prejudice Hardy Stone Company Limited’s right to make further deliveries by instalment under that Contract.

Shortages or Damage in Transit and Non-Delivery

Hardy Stone Company Limited will not consider any claim for shortage of delivery or damage in transit unless written notice is given to the carrier and Hardy Stone Company Limited within three days of the receipt of Goods. No claim in respect of non-delivery of Goods will be considered unless written Non-Delivery notification is given to Hardy Stone Company Limited within five days from receipt of a statement in respect of the Goods. In this condition, time shall be deemed to be of the essence.

Unloading of Goods

Arranging the unloading of deliveries shall be the responsibility of the Buyer. If facilities for unloading Goods are not available at the point of delivery, upon receipt of an expressly written request, Hardy Stone Company Limited can arrange to deliver the Goods with a vehicle with onboard unloading facilities.

Site Access

Assessing site access will be the responsibility of the Buyer. Hardy Stone Company Limited will not accept any liability whatsoever for any costs, direct or consequential, for re-delivery, delivering elsewhere or for the return of the Goods in any such case where delivery of the Goods is not possible at the time of the attempted delivery due to any restrictions to vehicular access.

Receiving Deliveries

Hardy Stone Company Limited will make reasonable endeavours to ensure that the Buyer is aware of the estimated time of arrival for a delivery of any Goods. Hardy Stone Company Limited will not accept any liability whatsoever for any costs, direct or consequential, for re-delivery, delivering elsewhere or for the return of the Goods in any such case where delivery of the Goods is not possible at the time of the attempted delivery due to the absence of person(s) authorised to receive the delivery make the delivery unachievable then Hardy Stone Company Limited  will not be responsible

Promotion

Hardy Stone Company Limited may from time to time send the Buyer material or literature, in whatever form, promoting or advertising the sale of its Goods, or otherwise, which may be sent or communicated by post, facsimile or electronic transmission or by which other means as Hardy Stone Company Limited sees fit and at Hardy Stone Company Limited’s discretion. The Buyer acknowledges and accepts the right of Hardy Stone Company Limited to do so. Hardy Stone Company Limited’s usual terms and conditions apply to all Goods and services featured in promotional material.

Ownership

The risk in the Goods supplied by Hardy Stone Company Limited will pass to the Buyer when the Goods are loaded onto the delivery vehicles at it’s premises. However, the title to the Goods will not pass to the Buyer until payment in full of all sums due from the Buyer to Hardy Stone Company Limited has been made. If payment (whether in full or part) is not made by the due date, in accordance with “Settlement Terms” clause (1) to (4) or the Buyer is wound up, or a receiver appointed over any assets or the undertaking of the Buyer or an execution or distress be levied against the Buyer, Hardy Stone Company Limited will be entitled without prior notice to the Buyer or any liquidator or receiver to retake possession of the Goods (and for that purpose to enter upon any premises occupied or owned by the Buyer).

Liability

Hardy Stone Company Limited will make reasonable endeavours to ensure that all information contained in any Hardy Stone Company Limited publication is correct. Hardy Stone Company Limited reserves the right to amend any information contained in any publication without prior notice and does not accept any liability for any loss arising from any error or omission in any such publication.

The Buyer will be responsible for ensuring the correct products are supplied and that the Goods ordered are fit for purpose for which they are ordered. Subject as expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) and except for any liability which Hardy Stone Company Limited may incur for death or personal injury resulting from negligence or under Part 1 of the Consumer Protection Act 1987,

Hardy Stone Company Limited shall not be liable in any way whatsoever whether in Contract, in tort, in misrepresentation or under statute or common law, or otherwise for any consequential or other loss, damage or injury however caused and whether caused by Hardy Stone Company Limited’s negligence which may arise out of or in connection with the supply of Goods to the Buyer, other than to supply Goods conforming to the original agreed specification or at Hardy Stone Company Limited’s option to refund any monies already paid in respect of the Goods.

Force Majeure

Hardy Stone Company Limited shall not be liable in any respect whatsoever for any delay in the performance of, or the failure to perform, any obligation pursuant to any order or Contract, in each case, as a result of circumstances beyond its control. If such circumstances delay or prevent the performance of any obligation under any order or Contract for 60 days or more, Hardy Stone Company Limited shall be entitled by written notice to cancel or terminate such order or Contract or its outstanding obligations thereunder.

Cancellation

If the Buyer becomes the subject of any act or proceeding under or in connection with the Insolvency Act 1986 or if the Buyer fails to make payment for Goods when due, in accordance with “Settlement Terms” clause (1) to (4), Hardy Stone Company Limited will be entitled to suspend and cancel all or any future deliveries or instalments under this or any other Contract between Hardy Stone Company Limited and the Buyer.

Copyright All Rights Reserved

Hardy Stone Company Limited has taken all reasonable steps in the course of its business to ensure that the Goods do not infringe any patent, design, trademark, copyright or any other rights of third parties but no guarantee in this respect is given, and Hardy Stone Company Limited shall have no liability whatsoever in the event of any such infringement howsoever arising.

Hardy Stone Company Limited own full copyright in respect of this catalogue. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without Hardy Stone Company Limited’s prior written consent.

Legal Construction

All Contracts between Hardy Stone Company Limited and the Buyer shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.

GENERAL DATA PROTECTION REGULATIONS POLICY

Purpose:
To give a formal approach that Hardy Stone Company Board of Directors are determined to keep Data protected and not to fall into wrong places causing embarrassment
or any type of fraudulent misuse for others to gain from. Hardy Stone Company will use all endeavours to follow the spirit of the General Data Protection Regulations.
Risk Assessment.
Hardy Stone Company will risk assess where data is stored and the security arrangements that are in place.
Hardy Stone Company will ask all third parties that host data information for their policy on data security and what is in place to protect Hardy Stone Company data.
Procedure:
Customer Data Details
Hardy Stone Company will only keep Business to Business details such as name and address of the company, contact name(s) in the company to conduct business, their business telephone/ mobile numbers, their business emails and the business web details.
Hardy Stone Company will not divulge any company details to any third party unless it is to do with conducting business.
All invoicing details will be kept on a secure computer.
All copy paperwork will be kept in a secure room until statutory limitations end, then paperwork will be shredded.
No customer will be contacted by any means unless opted in unless it is to conduct business.
No bank details will be shared with any third parties except for our bank to receive payments.
All contracts of business will not be shared with any third parties unless to execute the business. This will include prices, frequency, type of work.
All customers will be given the opportunity to opt in on receiving marketing information.
All customer data acquired from a third party will only be data that has been approved under GDPR.
Supplier Data Details:
Hardy Stone Company will only keep Business details such as name and address of the company, contact name(s) in the company to conduct business, their business telephone/ mobile numbers, their business emails and the business web details.
Hardy Stone Company will not divulge any company details to any third party unless it is to do with conducting business.
All invoice details will be kept on a secure data base.
All copy paperwork will be kept in a secure room until statutory limitations end, then paperwork will be shredded.
No supplier will be contacted by any means unless opted in, unless it is to conduct business.
No bank details will be shared with any third parties except for our bank to make payments.
All contracts of business will not be shared with any third parties unless to execute the business. This will include prices, frequency, type of work.
All suppliers will be given the opportunity to opt in on receiving marketing information.
Web Site:
The web site will protect the data of employees and permission will be given to use identities such as name and picture.
The web site will not use customer or supplier details without the permission of the customer or supplier.
The web site will refer to GDPR and ask any potential customer or supplier on how they would like to be contacted via an opt in choice.
No customer or supplier will be sent marketing information unless they opt in.
No data will be shared with third parties, unless that third party is contracted to us and as such that third party will be checked to see if
they abide by current data protection legislation.
Hardy Stone Company may use cookies to remember personal settings you have chosen at our website. In no other context do we use cookies to collect information that identifies you personally. Most of the cookies we set are automatically deleted from your computer when you leave our website or shortly afterwards.
Should users wish to deny the use and saving of cookies from this website onto their computer’s hard drive, they should take necessary steps within their web browser’s security settings to block all cookies from this website and its external serving vendors.
Emails
Hardy Stone Company will be used for the purpose of business to business use. The sending of emails to private emails in connection of businesses Hardy Stone Company undertake to respect the right and privacy of the private email and will not forward any details to third parties.
Hardy Stone Company emails will make reference to GDPR on the footer of the emails. This will make reference for the recipient, so they can opt in
to receive marketing information.
Hardy Stone Company marketing information will be annotated on e-mails
Members of Public
Members of the public will, as a rule not provide Personal Identifiable Information (PII). However, should such information be provided Hardy Stone Company will deal with such provision with positive opt in arrangements as per our consent policy.
Agency Workers
All agency workers data will be treated in a similar manner as if the agency worker was an employee of Hardy Stone Company.
No agency worker data will be shared with any third party unless in the connection with work.
All data will hold by HR in a secured filing cabinet and secure data server. Only relevant Hardy Stone Company employees will have access to these details for the agency worker to carry out work duties.

Register of Breaches
Any breaches of GDPR will be recorded onto the Investigation Log.
The Compliance Manager will investigate the breach.
The Compliance manager will report all findings to the Data Process Controller.
All breaches will be bought to the attention of the Board of Directors.
If a serious breach, then the ICO will be informed.
Annual Review and Changes
This procedure will be reviewed once a year unless major changes to the systems take place.
Any changes in GDPR will prompt this policy and various related Policies and Procedure to be updated.
Any breaches will initiate a review.
Security
Data Process Controller to be briefed and trained on GDPR.
All authorised data handlers to be brief and trained on GDPR.
All staff to be trained on GDPR.
All desks to be clear of all data on leaving the building.
Only lawful personal information can be sent onto a third party eg training certificates to prove capability to carry out work duties.
Driving licences not to be sent out to any third parties.
Any other personal information to have approval of the Data Process Controller or authorised deputy.
The use of external data storage devices is prohibited unless approval has been given by the Data Process Controller.
Data will only be kept for the legal minimum time.
Old data will be destroyed in a proper and legal manner.
All printing that contains personal data to be recorded by entry into a register kept by the relevant printing machines. The data controller is responsible for checking the record periodically.
Any lost information is to be investigated by the Data Process Controller or Compliance manager and to follow the non conformance procedure.

A hard copy of these terms and conditions of trading can be posted on request.

 

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