Terms and Conditions

    1. Definitions: In terms and conditions the "Company" shall mean Meadowview Stone and the "Customer" shall mean the corporate entity form or person to whom goods or services, "the goods" are supplied.

    2. These terms and Conditions cover sales contracts between the Company and the customer and no variation in these terms and conditions shall be permitted unless expressly agreed in writing by a director of the company.

    3. A contract will only be formed when the Company has accepted an order from the Customer to supply the goods. 
When an order is placed with the Company the Customers deemed to have fully satisfied themselves as to the terms and conditions of the Company and to have accepted them as being fully binding. Not withstanding anything to the contrary in any terms and conditions attached to the Customers order, the terms and conditions of the Company govern any contract entered into and are deemed to be incorporated into any order placed. 

  1. Price: Unless otherwise agreed the price payable shall be in pounds sterling. 

    1. Unless otherwise agreed the price payable shall be that ruling at the data of the delivery of the goods.

    2. The Company reserves the right to vary the price payable as a result of increase or reductions in costs or currency fluctuations affecting imported materials, which may occur prior to the dates of delivery.

    3. Prices cover delivery unless stated and working on normal working normal working hours. The Company shall be entitled to make an extra charge where supply is requested outside such normal times.

    4. All quoted prices are exclusive of any Value Added Tax which may be payable. 

  2. Delivery: Any times periods quoted for the delivery of goods by the Company are approximate only and do not impose an obligation on the company to deliver on or before the quoted times periods or dates. 

    1. The Company shall not be liable for any loss howsoever arising and caused by its failure to deliver or to make goods available for collection on the due date. 

    2. The Company reserves the right to deliver by instalments and to render a separate invoice for each instalment. 

    3. Delivery shall be effected at the point of arrival at the address specified by the Customer or at the point of collection of the goods by the Customer. If required to do so the Customer shall unload the vehicle expeditiously and shall provide all labour and tackle for doing so.

    4. The Customer shall be responsible for any demurrage or waiting time caused by any delay in unloading and an appropriate charge will be made in any event where such delay exceeds one hour.

    5. If in the opinion of the company the ground or access over which delivery or unloading is unsuitable for safe passage the Company may refuse to deliver to the nearest accessible point. 

    6. The Customer shall indemnify the Company in respect of any claim for loss or damage arising out of the delivery or unloading of the goods. 

  3. Force Majeure: deliveries may be partly or totally suspended by Company at any time when delivery is prevented or hindered by circumstances outside the Company's control. Such circumstances may include inter alia the following factors affecting the Company or its suppliers: Act of God force majeure war hostilities (whether war is declared or not) riot civil commotion explosion military or usurped power strike lockout industrial action abnormal whether conditions fire flood government action or regulations (UK or otherwise) delay by suppliers accidents breakdown shortage of materials labour or facilities. 

  4. Passing of property: Goods once delivered shall be at the risk of the Customer but shall remain the goods and there are no other amounts then being outstanding for the customer to the Company in respect of other goods supplied by the company. If payment is overdue in whole or in part the company may (Without prejudice to any of its other rights) recover or re-sell the goods or any part of them and may enter on the premises where the goods are stored to reclaim possession. 

    1. Notwithstanding delivery and passing risk, the goods shall remain the property of the Company until such a time as the customer shall have paid to the company the agreed price (together with any accrued interest) and all the other amounts owed by the buyer to the company. 

    2. Until property in the goods has passed the Customer shall be in possession of the goods in fiduciary capacity and shall: 

      1. Not part with possession of the goods otherwise than in accordance with condition 5.5;

      2. Take proper care of the goods and take all responsible steps to prevent any damage to or deterioration of them; 

      3. Keep the goods free from any charge, lien or other encumbrance and store goods in such a way to show clearly that they belong to the Company;

      4. Notify the company forthwith upon the happening or any of the events set out in condition 5.3(b); and

      5. Give the Company such information relating to the goods as the Company may from time to time require. 

    3. The Company reserves the right to repossess and resell any goods to which has retained title and the company consent to the Customers possession of the goods and any right the Customer may have to possession of the goods shall in any event cease.

      1. If any sum owned by the Customer to the Company (whether in respect of the goods or otherwise) is not paid to the Company by the date when due; or 

      2. If the Customer (being an individual) enters into a voluntary arrangement or compounds with his creditors or if a petition is presented for the making of a bankruptcy order against him or if (being a Company) an order is made or a resolution is passed for the winding- up of the Customer (otherwise than for the purposes of amalgamation or reconstruction previously approved in writing by the Company) or if a meeting is called to approve the appointment of a Customer or if petition is presented to the court for the appointment of a liquidator of the Customer or is a receiver, manger, administrative receiver or an administrator is appointed or a petition is presented to the court or a creditor to appoint a receiver, manager, administrative receiver or administrator or which might entitle the court to make winding-up order or if the Customer takes to suffers any similar or analogous action in consequences of debt; or

      3. If the Customer commits a breach of any contract with the Company.
    4. The Customer hereby grants an irrevocable right and license to the Company and its servants and agents to enter upon all or any of the Customer's premises with or without vehicles during normal business hours for the purpose of inspecting and/or repossessing goods to which it has retained title. 

This right and license shall continue to subsist notwithstanding the termination for any reason of any contract which is subject to these conditions and is without prejudice to any accrued rights of the Company under such contracts or otherwise. 

    5. Whilst the customer is in possession of the goods with the Company's consent (but not otherwise) the customer may in the ordinary course of its business sell the goods provided that:

      1. As between the Customer as its sub-buyer or Customer the Customer shall sell goods as principal and the Customer shall not be empowered to commit the Company to any contractual relationship with or liability to the sub-buyer or Customer to any other person. 

      2. As between the Company and the Customer, the customer shall sell the goods in a fiduciary capacity as agent for the company, and 

      3. Notwithstanding any agreed period of credit for payment for the price of the goods the Customer shall pay the order "means a purchase order on respect of goods issued by the common law duty to hold the proceeds of any such sales or hiring on trust for the company and not to mingle such proceeds with any other monies or pay independent of the terms of these conditions. 

    6. The Customer agreed immediately upon being to requested by the seller to assign to the Company all rights and claims which the Customer may have against its sub-buyers or Customers arising form such sales until payment is made in full as stated above. 

    7. Notwithstanding the provisions of this Condition 5 the Company shall be entitled to bring an action against the customer for the price of the goods in the event of non-payment by the Customer and/or shall have the right by notice to the Customer at any time after delivery to pass property in the goods to the customer as from the date of such notice. 

  5. Claims: The Company shall not be liable to the Customer for damage shortage or discrepancy that would be apparent on careful inspection of the goods by the customer unless such claim is notified within 3 days of delivery(expected in special circumstances justifying delay) and in any event in writing within 10 days (time to be of the essence hereof) of the date of delivery detailing the alleged damage shortage or discrepancy and providing a reasonable opportunity to inspect the goods before they are put to any use.

    1. No shortage in respect of goods sold by weight will be accepted unless properly weighed over a public weighbridge and the respective certificates of weight produced. 

    2. The liability of the Company in respect of any claim whatsoever, whether founded upon an allegation of negligence (except where the claim relates to personal injury or death) or otherwise, and whether or not in respect of any damage shortage that would be apparent on a careful inspection by the Customer, shall be limited to the free replacement of defective goods and claims for loss of profits increased cost of working or any other consequential losses are expressly excluded. 

  6. Payment: For Customers who have been granted credit facilities all sums become due and payable on the last day of the month following that in which delivery took place and time of payment is of the essence.
    1. For Customers who have been granted credit facilities all sums become due and payable on or before the appointed date shown on delivery notes and invoices and time of payment is of the essence. 

    2. Thereafter the Company shall be entitled to charge interest on a day-to-day basis at 4% above Barclays Plc base rate on any sums outstanding beyond the due date. For Customers who have not been granted credit facilities payments for the goods must be made in full before the goods are supplied delivered or collected. In addition the Company shall be entitled to recover from the Customer and the Customer indemnifies the Company against, all and any costs howsoever incurred in connection with, and in contemplation of, any proceedings bought to recover sums due to withhold or set off any sum in respect of any loss or damage which it alleges it has sustained due to any act of the Company or any goods which are alleged to be defective. 

  7. Warranty: The Company acts as a supplier of goods to the order of the customer and knowledge if any of the purpose for which the goods are intended to be used does not imply any representation or warranty by the company as to the quality or fitness for purpose of the goods supplied. The use of the goods is the sole responsibility of the Customer. 

    1. Unless otherwise expressly agreed in writing by a director of the Company all goods are supplied without any warranty as to their size dimension or weight given by the company are approximate only and do no impose an obligation on the Company to supply the quoted size dimension or weight.

  8. Limitation of liability: The Company accepts no liability whatsoever got any consequential loss or damage or arising by reason of late or non delivery or fault failure or defect in any goods supplied or by reason of the same not being of the quality quantity or fitness for the purpose for which they were intended or otherwise and whether or not allegedly caused by negligence or otherwise. This exclusion does not restrict the Company's liability for death or personal injury resulting for negligence or in respect of its liability under the consumer protection act 1987. 

  9. Samples: Samples of goods provided by the Company are intended as a guide to the general character and substance of the goods and the Company is not liable if the bulk of the goods do not correspond with any samples. 

    1. It is the responsibility of the Customer to determine the quantity of sample which may be necessary and the time off its supply in order to ensure that the maybe be representative of the bulk. 

    1. The Customer shall fail to make payment of any sum owing on the due date or commits any act of bankruptcy or makes any arrangements with its creditors or if any execution or distress is levied upon the goods of the Customer or

    2. Being a body corporate shall have a receiver or administrative receiver appointed or if any petition be presented for an administration order or if any petition be presented or resolution passed for the winding up of the same (otherwise than for the purpose of a bona fide amalgamation or reconstruction) or compounds with its creditors or becomes insolvent or any step taken to proceed to such winding up or receiving or 

    3. The Customer makes default in respect of any of its obligation under any of its contracts with the Company any occurrence of the above events in respect of goods sold by the Company to the customer to become immediately due And payable. 

  10. Waiver: Any failure delay or indulges by the company in the exercise of its rights shall not limit or extinguish the rights or remedies available to the Company under the contract.

  11. Jurisdiction: All contracts between the Company and the customer shall be governed by English law and shall be subject to the exclusion jurisdiction of the English courts.