Terms

1.1       These Terms and Conditions shall regulate all sales of products ("the Goods") by Neolith Surfaces ("Neolith Surfaces") to the purchaser/client/buyer ('the Buyer"). The Contract shall comprise these Terms and Conditions along with any accompanying correspondence, letter, or Order Confirmation forms from Neolith Surfaces. Neolith Surfaces and website is operated and managed by Rock Revelations (London) Ltd. Company Registration No: 06071090. VAT GB935192024.

1.2       Orders placed by the Buyer shall be regarded as offers to purchase, and no contract shall be established until the order has been acknowledged in writing by Neolith Surfaces, subject to Neolith Surfaces Terms and Conditions detailed herein. Any terms and conditions within the Buyer's purchase order shall not be incorporated into the Contract unless explicitly agreed upon by Neolith Surfaces in writing. Verbal orders accepted by Neolith Surfaces shall be subject exclusively to these Terms and Conditions, to the exclusion of any other terms and conditions.

1.3       A quotation provided by Neolith Surfaces shall serve as an invitation to treat and shall remain valid for a maximum of 30 days. Any order from the Buyer based on the quotation shall be considered an offer to purchase, and no contract shall exist until accepted by Neolith Surfaces as detailed herein.

1.4       No alteration to these Terms and Conditions shall be valid unless documented and signed by or on behalf of both parties. Despite any alteration, these Terms and Conditions shall continue to apply except insofar as they are specifically excluded in writing by Neolith Surfaces. The Buyer acknowledges that no representations outside these Terms and Conditions have influenced them to enter into the Contract.

1.5       In case of conflict with any other communication, these Terms and Conditions shall take precedence.

1.6       These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements or understandings between them.

1.7       A waiver of any provision must be in writing to be effective, and a waiver of any provision, or a failure or delay to exercise any right by Neolith Surfaces, shall not constitute a waiver of any subsequent breach of the same or any other provision, and shall not be construed as a waiver of any earlier default of a similar nature.

1.8       The provisions of these Terms and Conditions are severable, and if any one or more such provisions are judicially determined to be unenforceable in whole or in part, the remaining provisions shall nevertheless be binding on and enforceable by the parties hereto.

3.1       Neolith Surfaces shall require a deposit of 50% of the Price for the Goods to be paid by the Buyer in advance of supply/delivery/installation/booking/ordering. This deposit is non-refundable and non-returnable.

3.2       Payment of the remaining balance shall be made on the day of installation/supply/delivery.

3.3       Payment of the full amount of each subsequent invoice shall be made by the Buyer within14 days of the date of each of Neolith Surfaces invoices.

3.4       Neolith Surfaces reserves the right to suspend the fulfilment of its obligations under the Contract should payment not be received in accordance with the Contract. Such suspension is likely to affect the overall time for performance of the Contract and will incur additional charges, which shall be recoverable from the Buyer as a debt. Neolith Surfaces shall not be liable in any way for any consequences, foreseeable or not, of delay so caused.

3.5       Without prejudice to any other right or remedy available to Neolith Surfaces, Neolith Surfaces reserves all rights to charge interest on the amount unpaid at 8% over the Bank of England base rate from time to time, calculated on a daily basis, from the date of the invoice until payment is received in full.

3.6       Should Neolith Surfaces incur any form of costs, internally or externally, in pursuing the Buyer for payment under and in connection with this Contract, then Neolith Surfaces shall invoice the Buyer for the full extent of those costs, together with a reasonable uplift for overheads and profits, and the Buyer shall pay the invoice within seven days of its date.

4.1       If Neolith Surfaces is responsible for producing templates, the Buyer agrees to the following:

4.1.1     to have all relevant units installed before the day specified by Neolith Surfaces, levelled and fixed in their final positions;

4.1.2     to ensure any range cooker is entirely installed in its final position;

4.1.3     to have old worktops, hob, sink, and taps de-installed and available on-site for Neolith Surfaces to collect in order to make accurate cuts;

4.1.4     in case the Buyer opts for an under-mounted sink, they must provide the accurate template for the sink, typically supplied by the manufacturer, on the day of templating. If Neolith Surfaces needs to create the sink template due to unavailability, a charge of £50 + VAT will be added to the final balance.

4.1.5     to have any extractor/cooker hood fitted in its final position to allow for the correct cut to be made on the worktop for the hob.

4.2       If worktop width measurements are absent from the supplied drawings, Neolith Surfaces will assume the Buyer's worktops are the standard 600mm deep. The Buyer is responsible for notifying Neolith Surfaces in writing as soon as possible if this is not the case, unless otherwise mentioned in the Contract.

4.3       The Buyer is also responsible for ensuring that the sinks and hob cuts leave at least 60mm front and back around the cut-out to provide adequate strength in the Goods.

4.4       The Buyer or their representative must be on-site to approve the template and confirm job details with the templater. If neither the Buyer nor their representative is present, Neolith Surfaces will make necessary assumptions to complete the job and will not be held liable if these assumptions do not meet the Buyer's satisfaction. If assumptions cannot be made, the installation or delivery will be delayed until details are confirmed by the Buyer.

4.5       If the area is not suitable or prepared for templating on the day specified by Neolith Surfaces the Buyer must notify Neolith Surfaces in writing 48 hours before the day. Failure to provide such notice may result in a charge of £125 +VAT, and any losses incurred by Neolith Surfaces shall be payable by the Buyer, potentially causing delays to the Contract's performance.

5.1       Once the Buyer has agreed to this Contract and paid the deposit, changes cannot be made without incurring additional costs and delays.

5.2       Any requirements differing from those detailed herein and clearly specified inwriting as included in the Price will be considered a change and shall be paid for by the Buyer in addition to the Price. Any deviation from the assumptions contained herein and the agreement made at the time of the Contract may cause additional cost and delay, and Neolith Surfaces reserves the right to immediately suspend performance of its obligations hereunder, pending satisfactory resolution of any issues arising.

5.3       If the Buyer wishes to make any changes to the Contract or the Goods, they must notify Neolith Surfaces in writing as soon as possible. Neolith Surfaces will notify the Buyer in writing of the change and the price, and full payment must be received by Neolith Surfaces before delivery/installation.

5.4       If Neolith Surfaces notices any change, discrepancy, or divergence from the Buyer's drawings or sketches provided to Neolith Surfaces, and what is subsequently required on delivery/installation, the Buyer shall pay any additional costs and charges that Neolith Surfaces may invoice.

5.5       Neolith Surfaces reserves the right to engage others to carry out work on its behalf.

5.6       The Buyer shall not ask anyone working on behalf of Neolith Surfaces to do any work, nor engage any such person or company, nor procure work from such person or company, without prior written agreement from Neolith Surfaces. In such cases, Neolith Surfaces reserves the right to charge the Buyer a fee for approaching and/or engaging such person or company.

5.7       Any delivery or installation date or period given is an estimate only, and Neolith Surfaces will not be liable for any delay in delivery of the Goods caused by any delay in delivery by any manufacturer or supplier to Neolith Surfaces or for any other cause outside the control of Neolith Surfaces.

5.8       Neolith Surfaces is responsible for delivery only to the kerbside. Transportation from the kerbside onto, into, and through the Buyer's premises shall be entirely at the Buyer's risk and arrangements.

5.9       Neolith Surfaces is required to carry out work associated with the Goods under relevant Health and Safety legislation, and safety footwear will necessarily be worn on the Buyer's premises.

5.10      When Neolith Surfaces is delivering only, the Buyer is responsible for unloading and storage of the Goods upon delivery to the kerbside at the specified site. If, due to the Buyer's default, delivery cannot be effected, without prejudice to any other right or remedy available to Neolith Surfaces, the Buyer shall pay any costs incurred by Neolith Surfaces.

5.11      The Buyer undertakes to Neolith Surfaces:

5.11.1    to be present at the property for delivery and installation between 08:00 am and 4:30 pm, Monday to Friday on the dates notified by Neolith Surfaces. If not present, Neolith Surfaces cannot beheld liable for any consequences, foreseeable or otherwise.

5.11.2    to ensure that no plumbers, electricians, or other tradesmen are on-site or working on the day of installation. If this is found to be the case and these tradesmen hold up Neolith Surfaces then Neolith Surfaces will invoice the buyer for the time spent on-site waiting for the buyer's tradesmen to finish.

5.11.3    to ensure suitable parking is available for Neolith Surfaces to effect delivery to the kerbside or installation.

5.11.4    to provide suitable, safe, and reasonable access from the point of delivery to the point of installation, and around the area for installation, to enable Neolith Surfaces to hand transport the Goods in question.

5.11.5    to ensure that the passage from the point of delivery to the point of installation involves no stairs. If, upon delivery or installation, it is not practical or reasonably safe for Neolith Surfaces to transport materials or goods to and from the point of installation, the installation will not be undertaken.

5.11.6    to remove all items from the area of installation and access to the point of installation prior to the notified installation date. Neolith Surfaces reserves the right to charge extra to clear areas or deviate from reasonable access to the point of installation.

5.11.7    to provide reasonable and suitable private space within the property for cutting the Goods as needed, with suitable and reasonable access to and from.

5.11.8    to provide Neolith Surfaces with normal amenities such as electricity, water, and toilet facilities as required to carry out daily work.

5.11.9   to stay away from the point of delivery and installation and the areas around as requested by Neolith Surfaces during the performance of the Contract. Handling, transporting, and installation of the Goods can be dangerous, and Neolith Surfaces cannot be held liable for any injury, loss, or damage caused when the Buyer, or anyone or anything the Buyer is responsible for, is present at or near the point of delivery or installation.

5.11.10  For the period of the installation and prior to commencement, the Buyer shall ensure that adequate insurance policies are taken out and maintained to cover the Buyer's liabilities under this Contract and suitable to cover Neolith Surfaces working on the Buyer's property at no cost to Neolith Surfaces. Further, the Buyer shall insure against any loss or damage caused to any existing structures and any contents therein or attached thereto, and to the Goods and all unfixed goods and materials delivered to, placed on or adjacent to the Goods and Neolith Surfaces' installation.

5.12      In certain circumstances, limited cutting on-site at the Buyer's premises is undertaken. In such cases, Neolith Surfaces shall make reasonable efforts to keep the Buyer's property and premises as safe and clean as possible, but the Buyer is aware that some noise, dust, and disturbance are unavoidable.

5.13      The Buyer is solely responsible for checking and ensuring that its units and premises are suitable for supporting and holding the Goods safely in place. Neolith Surfaces shall not be held liable in any way for any damage resulting from the weight of the Goods.

5.14      Neolith Surfaces is not qualified or in a position to remove or install any gas, electric, or plumbing installations or appliances and bears no responsibility whatsoever in relation to any of the foregoing unless it is otherwise stated in the Contract.

5.15      Any failure to comply with any of the above is a breach of contract. The consequences of such a breach may include the Buyer reimbursing Neolith Surfaces for any damage or loss incurred or likely to be incurred, immediate suspension of the performance of the Contract by Neolith Surfaces, additional charges payable by the Buyer, delays to the progress of the Contract, or termination of the Contract.

6.1       The Buyer acknowledges that the Goods are natural stone, which inherently varies in appearance and texture. No two pieces of natural stone are identical, and natural variation is a characteristic, not a flaw. Neolith Surfaces will make reasonable efforts to provide Goods closely resembling any samples or illustrations shown, but cannot guarantee any specific appearance, texture, pattern, colour, or quality.

6.2       The Buyer understands that the Goods are natural stone and their appearance will change as the product dries and adjusts to the local atmospheric conditions where it is placed and used.

6.3      Neolith Surfaces will aim to provide joints with a width no greater than 2mm and use jointing compound to colour match the Goods as closely as reasonably possible. Some Goods may show joints more prominently than others, and Neolith Surfaces will not be held responsible for issues raised by the Buyer in this regard.

6.4       Neolith Surfaces reserves the right to add joints to surfaces including worktops when necessary for safely transporting the Goods into and around the installation area.

6.5       The Buyer is entirely responsible for the maintenance, cleaning, and use of the natural stone. Neolith Surfaces agrees to provide and install the Goods but expressly does not agree to provide any advice or assistance with the Buyer's subsequent use of the stone.

6.6       The Buyer acknowledges Neolith Surfaces' statement that all natural stone is porous and may consider sealing the Goods with a suitable product. Such action is entirely at the Buyer's discretion and risk, and Neolith Surfaces accepts no liability whatsoever for the Buyer's failure to seal, improper sealing, use of products on the Goods, failure to maintain the Goods or anything the Buyer or anyone else does or does not do with or to the Goods after delivery/installation.

6.7       The above applies equally when Neolith Surfaces provides products as part of the Goods.

6.8       If the Buyer notifies Neolith Surfaces in writing within 24 hours of delivery/installation of the Goods that they are defective or unsatisfactory in any way or that there is any other matter of dissatisfaction with the Contract, Neolith Surfaces will inspect the Goods and investigate the dissatisfaction as soon as possible. The Buyer is not to tamper with the cause of complaint or the Goods before Neolith Surfaces can inspect the Goods.

6.9       At its sole discretion, Neolith Surfaces may choose to repair, replace, or partially refund the Buyer in the event it agrees that there is an issue, as it deems appropriate in the circumstances.

6.10      Neolith Surfaces will not be liable hereunder in any way if, upon testing or examining the allegedly defective goods by Neolith Surfaces, the alleged defect appears to have been caused by the Buyer's misuse, neglect, improper installation, any cause beyond the intended use of the product, or by accident, fire, or other hazards.

6.11      Except as otherwise stated herein, Neolith Surfaces shall have no liability to the Buyer for any consequential loss arising out of or in connection with the provision of any Goods pursuant to this Contract, and the total liability of Neolith Surfaces for any other loss arising under this Contract shall not exceed 10% of the total Price payable by the Buyer for the Goods under this Contract.

6.12      Neolith Surfaces shall not be liable for anything done or not done by itself, its employees, or those engaged by it, and to the extent any liability might otherwise arise, its liability is limited to 10% of the Price.

6.13     Neolith Surfaces and the Buyer agree that the installation of the Goods can be noisy and messy, and Neolith Surfaces shall not be liable to the Buyer for any inconvenience, stress, or discomfort arising in connection therewith.

6.14      When Neolith Surfaces has notified the Buyer that the Goods are ready for delivery, the Buyer shall take delivery or arrange for storage. If the Buyer does not take delivery or arrange for storage within 7 days of notification, Neolith Surfaces shall be entitled to invoice and be paid for the Goods as though they had been duly delivered, and Neolith Surfaces may arrange storage on the Buyer's behalf with all charges for transportation, packing, storage, insurance, and demurrage payable by the Buyer.

6.15      When it is required for Neolith Surfaces to store the Buyer's own property for limited purposes, Neolith Surfaces undertakes to return such property to the Buyer upon demand and in the same condition it arrived at Neolith Surfaces' premises.

7.1       Not withstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions, the title to and the property in the Goods shall not pass to the Buyer until Neolith Surfaces has received in cleared funds, payment in full of all invoices raised against the Buyer, including but not limited to the Price of the Goods, and all other goods to be sold by Neolith Surfaces to the Buyer for which payment is then due.

7.2       Until title to, and the property in, Goods passes to the Buyer, the Buyer shall not pledge the Goods or documents of title thereto or allow any lien to arise thereon. The Buyer shall keep the Goods separate and identified as the property of Neolith Surfaces, properly stored, protected, and insured.

7.3       Until title to and the property in the Goods passes to the Buyer, Neolith Surfaces, without prejudice to any other right or remedy available to it, shall been titled at any time to require the Buyer to deliver up the Goods to Neolith Surfaces and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.

7.4       Risk of loss or of damage to the Goods shall pass to the Buyer:

7.4.1     In the case of Goods for collection from Neolith Surfaces' premises, 3 days after the time when Neolith Surfaces notifies the Buyer that the Goods are available for collection; or

7.4.2     In the case of Goods to be delivered otherwise than at Neolith Surfaces' premises or if the Buyer fails to take delivery of the Goods, at the time of delivery by Neolith Surfaces.

Neolith Surfaces shall not be liable for non-performance or delay in performance or for any loss or damage to the goods due to act of God, war, riot, embargo, labour dispute, civil commotion, fire, theft, shortage of labourer materials, confiscation, delays in delivery or services of manufacturers, suppliers and sub-contractors, prohibition of import of export, or any other unforeseen event (whether or not similar in nature to those specified) outside its reasonable control.

9.1       Should the Buyer fail in any way to perform or honour its obligations hereunder in full compliance with this Contract, it shall immediately be liable to Neolith Surfaces for any loss, expense and/or damage which Neolith Surfaces may incur. The Buyer shall also be liable to Neolith Surfaces for any consequential loss arising out of or in connection with any default by the Buyer, and the total liability of the Buyer for any loss of Neolith Surfaces arising under or in connection with this Contract shall be unlimited.

9.2       Neolith Surfaces reserves the right to determine the Contract for any reason and at any time upon giving notice in writing to the Buyer, provided always that Neolith Surfaces shall not be liable for any direct or indirect costs, loss, damage, or consequential loss howsoever arising.

9.3       Without prejudice to any other rights or remedies which Neolith Surfaces might possess, Neolith Surfaces shall be entitled to immediately determine the Contract in the event that:

9.3.1     The Buyer fails to properly perform, carry out and/or complete the Contract in any way; or

9.3.2     The Buyer takes any action, or fails to take any action, which would lead Neolith Surfaces to reasonably believe that there was a risk of the Buyer being or becoming insolvent; or

9.3.3     If in the opinion of Neolith Surfaces, the Buyer is guilty of gross misconduct or fails to comply with the provisions of this Contract in any way.

9.4       In the event of the Buyer determining or cancelling the Contract at any stage, the Buyer will reimburse Neolith Surfaces all reasonable costs, damages, loss, and expense incurred or likely to be incurred.

9.5       Should the Buyer cancel any order for Goods more than 48 hours prior to delivery and installation, the Buyer shall pay a cancellation charge equivalent to 20% of the Price of the Goods and also reimburse Neolith Surfaces all costs incurred by Neolith Surfaces to any third party in relation to that order. This would typically incur transportation, storage, and administration costs as well as losses stemming from the failure to fulfil the Contract, including but not limited to loss of profit and recovery. For any cancellation within the 48-hourperiod prior to delivery/installation, the Buyer shall pay the full Price for the Goods and any other associated losses, damages, and costs.

9.6       Any materials restocked by Neolith Surfaces must be in the same condition as when delivered by Neolith Surfaces and will be subject to a 20% restocking fee.

9.7       An order for special non-standard goods other than those held in stock by Neolith Surfaces at the date of the Buyer's order or may not be cancelled once an order has been accepted by Neolith Surfaces. Any order for goods cut to the Buyer's specification, including materials held in stock, cannot be cancelled once the goods have been cut.

9.8       In the event of determination or cancellation, Neolith Surfaces may render an invoice for the full balance of the Price and all costs, losses, and damages incurred in relation thereto, and all sums invoiced to the Buyer will be due for payment immediately.

There are no warranties, conditions, guarantees or representations whether express or implied by statute or otherwise, orally in writing, except as provided herein. The only warranties that are valid are the ones provided by the material manufacturers.

Neolith Surfaces shall not be liable for non-performance or delay in performance or for any loss or damage to the goods due to act of God, war, riot, embargo, labour dispute, civil commotion, fire, theft, shortage of labourer materials, confiscation, delays in delivery or services of manufacturers, suppliers and sub-contractors, prohibition of import of export, or The law governing this Contract shall be the law of England. In case of disputes, either party may refer to adjudication under the Scheme for Construction Contracts (England and Wales) Regulations 1998. The adjudicator, if not agreed upon, will be appointed by the Royal Institution of Chartered Surveyors. The Buyer covers adjudicator's fees and expenses. Any other unforeseen event (whether or not similar in nature to those specified) outside its reasonable control.