1.1- The"Company/Seller" shall means Doga Int Limited / Doga Natural Stone.co.uk / The Vinery Industrial Estate / Unit: 18 / A27 Arundel Road / West Sussex / BN18 9PY
1.2- The "Buyer" shall mean any person, firm, company or organisation to wich goods are sold by the Company.
1.3- The fallowing terms and conditions apply to all transactions and an order will be deemed to be acceptance of such terms and conditions.
2- BASIS OF THE SALE
2.1- Buyer orders and agrees to purchase, and the Company agrees to sell the Goods, subject to these Terms of Conditions.
2.2- No variation or modification of or substitution for these Conditions(even if included in or referred to in the document placing the order) shall be binding unless specifically accepted by the Company in writing.
2.3- Seller does not advise on suitability. No warranty, implied or explicit attaches to the guidance we may give. Buyers must take independent advice on suitability for any given environment.
2.4- The Company at their discretion can provide estimates of Goods but this will be based on general guidance only and the Buyer should rely on this estimate. It shall be the Buyers responsibility to ensure they have ordered the correct quantity of goods and the Company shall not be responsible for any shortfall or surpluses.
2.5- It shall be responsibility of the Buyer to check and ensure that all details relating to the order are correct and provide the Company with relevant information relating to the environment in wich the goods are intended to be used and for their delivery.
3- VALIDITY OF QUOTATION
3.1- Unless previously amended or withdrawn, the Company's quotation is valid for 7 days only. The Company's quotation is not an offer but merely an invitation to the Buyer to make an order for Goods under these conditions.
3.2- The Company reserves the right to change the Price by giving the Buyer notice at any time before delivery to reflect any increase in the cost of the Goods to the Company (any factors beyond the Company's control including foreign exchange fluctuations alteration of duties, increase in the cost of transport and materials and such like.)
3.3- If the Buyer receives a notice pursuant to change in the Price the Buyer shall be entitled to cancel the order without penalty by giving not less then 2 working days notice to the Company in Writing.
3.4- If an order wich has been accepted by the Company any costs, losses, or expenses properly and reasonably incurred or suffered by the Company as a result of the cancellation or variation.
4- PRICE & TERMS OF PAYMENT
4.1 Prices are subject to alteration or withdrawal without notice.
5- PRODUCT INFORMATION & SAMPLES
5.1 All descriptions, images, (in both print and on the internet) advertising and specification are for purposes of giving an approximate representations of the goods only and their accuracy cannot be warranted by the Company.
5.5 The Buyer acknowledges that natural stone maybe porous to some degree and should be sealed. The Buyer also acknowledges that some Goods may easily be scratched and/or be subject to naturel pitting/chipping.
5.6 Stone delivered to site must be stored securely in suitable conditions. Tiles must always be stacked and stored vertically (on edge) but not on hard surface as this can cause unnecessary edge chipping.
5.8 Buyer should always consider wastage on each project before ordering, for instans minor damage to some stones wich may occur during transportation or during site handling , site cutitng and grading.
5.9 An order should always include and additional minimum 10-15% to alow for wastage to cover, cutting minor imperfections and breakage.
5.10 Whilst sorting tiles to ensure suitable blending, normal practice calls for segregation of tiles with minor damages or some unusual markings. They can be used where cut tiles are required, or in less visible locations. Natural stones is particularly susceptible to colour and tonal variations from batch to batch.
6.1- Delivery charges shall be paid by the Buyer and will vary dependent on size, weight, and distance from the Company's warehouses/suppliers.
6.2- Ant dates quoted for delivery of the goods are approximate only and Seller shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered by Seller in advance of the quoted delivery date on giving reasonable notice to Byer.
6.3- Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4- Delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any order or refuse delivery.
6.5- The Goods will be off-loaded at the nearest accessible point to the delivery address at the discretion of the driver, which may be the kerbside.
6.6- If delivery is unsuccessful due to no one being at the delivery or due to the Buyer failing to inform of private inaccessibility or relevant restrictions, the await further instructions from the Buyer. Note the Buyer will be charged additional delivery charge in these instances (for every attempt to re-deliver.)
7-EXAMINATION, REPORTING DAMAGE and ACCEPTANCE
7.1- The Company takes care to ensure all Goods leave in good condition. All goods are dispatched with a plastic covering. If this plastic cover has been tampered with in any way, please do not accept the delivery of the goods and report to the Company immediately.
7.2- Goods delivered to the Buyer must be checked immediately upon delivery and any damages/shortages/incorrect items must be recorded on the delivery note of the transportation company. Delivered not a marked "unchecked" or failure to record damage will be deemed as acceptance as no damage and no shortage and Company will not accept any claim thereafter.
7.3- Take digital high definition photo of the damaged items and forward to us with a written statement of damages within 24 hours as this will enable the Company to claim against the carrier.
7.4- If confirmed and accepted by the Company, shortages, damaged and incorrect deliveries notified to the Company, wherever possible will be remedied with in a further 14 working days subject to availability.
7.5- The Company reserves right not to replace damaged tiles if the total amount is less than 5% of the total order.
7.6- The Buyer shall deem to have accepted the Goods, if the Goods have been fitted/fixed or attempted to fit/fix to a wall or floor.
8- CANCELLATION & RETURNS/REFUND
8.1 In the unlikely event that the Buyer is unhappy with the Goods supplied, the Buyer has the statutory right to cancel this contract within 7 working days of the delivery (except for those orders which were specifically made). The Buyer must arrange and return the Goods to the Company and the purchase price will be refunded on confirmation that the Goods are in the same condition as delivered. Any Goods found to be damaged on the return shall be deducted from the purchase price.
9.1- Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery.
9.2- Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the ownership in the Goods shall not pass to the Buyer until the Company has received full payment or by way of cleared funds in full of the price of the Goods.
10.1 Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by Buyer; Seller shall be under no liability in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without Seller’s approval;
11.1 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.