20. Where any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods or their failure to match their description is notified to Solid Stone Worktops Ltd in accordance with these conditions, the Company shall be entitled to replace the goods (or the part in question) free of charge or, at the discretion of the Company, refund to the Customer the price of the goods (or a proportionate amount of the price) but the Company shall have no further liability to the Customer.
21. Except in respect of death or personal injury caused by Solid Stone Worktops Ltd negligence, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty condition or any other term or any duty at common law, or under the express terms of contract, for any indirect special or consequential loss or damage (whether for loss of profit or otherwise) cost expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agent otherwise) which arise out of or in connection with the supply of the goods, their installation by the Company, their use, and the entire liability of the Company under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions. In no event shall the Company be liable to the Customer for any incidental or consequential loss, damage or injury.
22. The Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of the Company’s obligations in relation to the goods, if the delay or failure was due to any case beyond the reasonable control of the Company, including but not limited to acts of God, war, riot, fire, flood, drought, exercise of government E C or foreign authority, contrary legislation, strikes, lockouts, trade disputes, import or export regulations or embargoes and difficulties in obtaining raw materials.
23. Solid Stone Worktops Ltd reserves the right to change these terms and conditions from time to time and when they affect current Customer orders the Company will advise the Customer accordingly in sufficient time to allow the Customer to amend or terminate the contract by written notice.
24. Either party may immediately terminate the contract by written notice if the other becomes insolvent or is deeded to be insolvent within the meaning of s123 of the Insolvency Act 1986.
25. Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered offices or principle place of business or where a person is dealing as a consumer at such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
26. No waiver by the Company or any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
27. The following information is principally designed to address issues that arise when specifying and working with granite and marble:
a. All reasonable effort should be made by the customer to ensure that cabinets are secured firmly to the wall, are level and have sufficient braces. It is also advisable to ensure the floor can support the weight. When handling granite the fitters are extremely careful, however no responsibility can be taken for damage to cupboard fronts or wall fixings and we would advise customers to remove them prior to fitting and / or remedial work.
b. Most granite supplied by the Company is 30mm in thickness (+/- 2mm) and most hobs supplied by manufacturers are in excess of this measurement. In the event that the fitters need to alter the cabinets by routing / cutting out sections or providing extra braces the fitters reserve the right to charge an extra £150.00 per cabinet at time of installation.
c. Templating and fabrication is not an exact science and slight tolerances in both overhangs and thickness are to be expected. Our fitting team may also need to chop out plaster. Every care is made when conducting such operations, but the Company do not take any responsibility for live plaster falls and it is the responsibility of the customer to make good these areas. Walls are rarely straight and as such natural wall gaps may occur. It is therefore advisable to have splash backs fitted unless the customer intends to tile.
Cut outs : Information supplied by the customer such as cut out dimensions, overhangs, splash backs, and positioning of cut outs given to the Company at the time of order or subsequently given by other methods of communication is the customer’s responsibility and no liability whatsoever can be taken for incorrectly advised dimensions.
d. Some flexing can occur on unsupported joints which can result in them opening and repairs may be necessary. However this can be exasperated by owners standing on their stone surfaces. The best axion is ‘use steps’.
e. POROSITY IN GRANITE : Granite surfaces can stain and are not impervious to damage. However they can easily last a lifetime if properly cared for
.f. Care must be taken to ensure any spilt liquids are mopped up immediately such as cigarettes, hot oil, lemon juice, wine, detergents, alcohol and acidic or alkaline substances. Remember, stones cannot be rendered impervious to all marking and staining.
g. For a long lasting finish granite and marble should be treated at regular intervals. Please view our site for recommended cleaning, polishing and sealing products.
h. The Company can provide not only polished surfaces, but also honed finishes. However we do not recommend such surfaces to be used in a kitchen environment.
I. Hit a stone with something blunt and heavy and the chances are it will crack. Granite is no different. Under the Company’s terms and conditions once a customer’s granite is fitted no responsibility can be taken by the Company for cracks or fissures appearing. To ensure your granite does not crack use a chopping board as a preparation centre and take care not to drop heavy objects onto its surface.
j. Solid Stone Worktops Ltd is happy to supply small samples of material sized for postage at 100mm x 100mm.. However it must be remembered all our products are made of NATURAL ELEMENTS and can vary in colour. It is for this reason the Company cannot guarantee the colouring or character of stone delivered and fitted, as an exact match to any sample offered.
k. Granite is by its very nature a very dense and heavy material and weighs in excess of 90 kilos per square metre. We therefore will not provide lengths in excess of 3m. The Company also reserve the right to add joints where it feels necessary commensurate with health and safety guidelines and accessibility.
28. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
29. The contract shall be governed by the laws of England and the Customer agrees to submit to the non exclusive jurisdiction of the English courts.