Terms & Conditions of Sale
(Covering Supply and Installation)
1. Buyer means the individual or organisation that buys or agrees to buy the Goods or Goods and Services from the Seller.
2. Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
3. Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods or Goods and Services incorporating these Terms and Conditions.
4. Goods means the StyleSeal Ltd related goods and services that the Buyer agrees to buy from the Seller.
5. Services means the installation service we provide to install the Goods onto the Buyer’s site or any other Services that we may provide from time to time.
6. Seller means StyleSeal Ltd
7. Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2. These Terms and Conditions shall apply to all contracts for the sale of Goods and Services by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller’s address at 16 Oldenburg Rd Corby, Northants, NN18 9BS
5. Any specific notes on our quotation or acknowledgement of order, when duly authorised, will take precedence over any conflicting statements in these Terms and Conditions.
6. Our quotations do not allow for any retentions being held against us.(unless specifically stated at the pre contract stage)
7. Interest may be charged on late payments in accordance with the Late Payments of Commercial Debts (Interest) Act and amendments. The rate of interest charged will be 8% above the standard Bank of England base rate and will be calculated on a daily basis.
8. If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.
1. All orders for Goods or Goods and Services shall be deemed to be an offer by the Buyer to purchase Goods or Goods and Services pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2. Any credit terms offered by the Seller to the Buyer will be subject to the Buyer satisfying the Sellers credit worthiness criteria.
3. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or offered an alternative.
4. Price and payment
1. The price of the Goods or Goods and Services shall be that which is stipulated on the relevant quotation. The price is inclusive or exclusive of VAT. Where stated, the price includes delivery charges.
2. The total purchase price, including VAT and delivery charges, if any, will be displayed on the quotation, or the supply only order form.
3. After the order is received the Seller shall confirm the details, description and the price for the Goods or Goods and Services.
4. Payment of the price plus VAT, at the current rate, and any other associated charges must be made within 28 days of the goods being received or Goods having been installed by us unless otherwise agreed when placing order.
5. The payment terms will be agreed subject to our credit checking procedure.
6. Our quotations do not allow for any main contractors discount (unless stated at the pre contract stage).
7. Our quotations do not allow for any retentions being held against us (unless stated at the pre contract stage).
8. Interest may be charged on late payments in accordance with the Late Payments of Commercial Debts (Interest) Act and amendments. The rate of interest charged will be 8% above the standard Bank of England base rate and will be calculated on a daily basis.
9. If persistent non-payment results in the Seller using the services of a Debt Collection Agency the buyer will be entirely responsible for the full settlement of the Debt Collection Agency’s fee.
10. Our price is valid for orders placed within 3 months and for Goods installed by us to be completed within 6 months, after which it may be subject to raw material price increases.
11. Goods installed by us Our price assumes that the work can be completed in one visit and that no additional shaping or levelling is required.
12. Our quotation is subject to a site visit to agree area and levels and depths after the base has been completed.
13. Our quotation is conditional on a suitable base (being provided by others) such as asphalt (the preferred option) or if necessary, concrete.
14. Tolerances for a bound base must not exceed 3mm under a 1 metre straight edge.
15. Maximum tolerance for an unbound base is 5mm under a 1 metre straight edge.
16. Any base in excess of the above requirements will require regulating prior to the commencement of our works.
17. Our quotation is on the basis of suitable edge restraints being provided by others.
18. Our quotation is on the basis that all traffic management before, during and after installation of the Goods and protection of the uncured surface is provided by others.
19. Our quotation is based on the assumption that any cracks in the base will be repaired by others and provision made for any movement joints to be extended up through the Paving layer.
20. All quotations are based on normal weekday rates; evening/night, weekend and bank holiday work may incur extra costs.
21. Our quotation is based on the assumption that ready access and suitable parking will be provided for lorries, vans and plant.
22. Areas in excess of the minimum stated on our quotation are subject to re-measure after installation.
23. Areas less than the minimum stated on our quotation are subject to a revised rate.
24. Prices stated on our quotation will apply for up to 1 visit (this may consist of many consecutive days).
25. The price is conditional on the total area being made available at the commencement of installation.
26. Any subsequent visits to site not exceeding 50msq may incur a re-visit charge. This covers the travelling costs and the costs of our Installation team.
27. A charge will be made for any delays preventing us commencing work after 1 hour of our agreed start time due to the Buyer not having fulfilled their obligations under the contract. (except where unsuitable weather conditions prevail)
5. Delivery and Service
1. Goods supplied within the UK will normally be delivered within 14-30 working days of acceptance of order or other time frame specified.
2. Goods supplied outside the UK will be subject to the current lead time at the point of the order being received.
3. Where specific delivery dates or commencement dates for installation of goods by us have been agreed, and where this date cannot be met, the Buyer will be notified and given the opportunity to agree a new date.
4. The Seller along with the designated haulier shall use its reasonable endeavours to meet any date agreed for delivery or commencement date. In any event time of delivery or commencement date shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery or commencement date.
5. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6. Title in any goods sold by the Seller or Goods installed by us shall not pass to the Buyer until payment has been received in full of all sums due to the Seller but the risk in the Goods shall pass to the Buyer upon delivery or installation of the Goods.
7. All concrete surfaces should be firm, clean and dry with all laitance and oil and grease contamination removed. We recommend that all concrete surfaces are a minimum of 28 days old and have been primed with a suitable sealer, 24 hours before the installation of Resin Bound Paving.
8. As part of our quality assurance plan, final approval samples will be normally sent to the Buyer prior to commencement of the work.
9. We may need to include occasional joints in the final surface depending on the area laid and other factors.
10. Where the seller provides Services the person(s) performing the Services are servants of the Customer and once the Customer instructs such person(s) they are under the direction and control of the customer. The customer shall be solely responsible for the consequences of any
instruction, guidance and/or advice given by the person(s) performing the Services except to the extent that such person(s) performing the Services are negligent.
6. Rights of seller
1. The Seller reserves the right to periodically update prices in accordance with any raw material increases, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
2. The Seller reserves the right to withdraw any goods from the product range at any time.
3. The Seller shall not be liable to anyone for withdrawing any Goods from the Product range or for refusing to process an order.
1. The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.
2. All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods or Goods and Services, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
3. Standard Product Guarantee.
4. Only valid if the advice of the StyleSeal Ltd Care and Maintenance Leaflet has been followed
5. Does not cover damage caused by forceful impact.
6. Does not cover damage caused by reflective cracking from an underlying concrete base.
7. Does not cover damage caused by sinkage, tree roots and deformation or wheel tracking of any underlying structural layers.
8. Is conditional on suitable surface course asphalt (wearing course macadam) or other approved substrate being provided by others. Approval having been confirmed in writing by the Seller.
9. Payment is made within the terms of the quotation and invoice.
8. Cancellation and return
1. The Buyer shall inspect the Goods immediately upon receipt or completion of installation and shall notify the Seller within 2 working days confirming in writing if the Goods or installation are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
2. Where a claim of defect or damage is made within the 2 working days, the Goods shall be returned by the Buyer to the Seller by a method agreed beforehand by the Seller. If the Goods are found to be defective the Buyer shall be offered the option of a replacement or a full refund (including delivery costs) plus any return charges.
3. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return charges within 30 days of return. If the Buyer fails to return the Goods following agreement that the goods can be returned, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
4. The Buyer will be under a duty to take care of the Goods until they have been recovered. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) within 30 days of return.
5. Goods to be returned must clearly show the order number obtained from the Seller on the package.
6. Cancellation after receiving the Buyer’s written order will incur a charge for the cost of all materials and preparation, visits to the Buyer’s site (if applicable), labour (where booked), delivery to the Buyer (where booked) and administration.
9. Health & Safety
1. Buyers should be aware of the potential hazards to health and safety represented in the types of goods supplied by the Seller, stored in the Seller’s premises, in transit or stored on site. The seller can accept no responsibility for damage or injury resulting from the activities of a Buyer. It shall be the Buyers responsibility to comply with any and all Regulations concerning the loading, transport and signing of any vehicle used for carrying goods or substances covered by the requirements to comply with COSHH and other Regulations. Product information literature can be supplied by the seller as requested.
10. Limitation of liability
1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage.
2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
1. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. Changes to terms and conditions
1. The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the England courts