StoneYard.co.uk is the trading name of TheStoneYard.co.uk ltd.
When an order is placed with the Stoneyard the Customer is deemed to have fully satisfied themselves as to the Terms & Conditions of the Stoneyard and to have accepted them as being fully binding.
A contract will only be formed when the Stoneyard has accepted an order by the Customer to supply the goods.
Setts are sold in bags by weight. Any areas given are estimates only and may vary depending on laying method and standard size deviations. It is recommended you purchase 5% more area than calculated to ensure you have sufficient meterage.10% is advised with small quantities.
We will use your address and contact details to fulfill your order, they may be passed on to trusted suppliers and couriers strictly for this purpose only.
We will not use your details for marketing purposes and do not hold any payment information.
Termination of Contract
The Customer makes default in respect of any of its obligations under any of its contracts with the Stoneyard.
No cancellation by the Customer is permitted except where expressly agreed by the Stoneyard.
TheStoneyard may without prejudice to its other rights be immediately entitled to suspend or cancel each or any of its contracts with the Customer upon the occurrence of any of the following:
- 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,
- 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 is taken to proceed to such winding up or receivership or
- The Customer makes default in respect of any of its obligations under any of its contracts with the Stoneyard. Any occurrence of the above events shall render all amounts owing in respect of goods sold by the Stoneyard to the Customer to become immediately due and payable.
Passing of Property
ALL Goods remain property of the stoneyard until paid for.
Goods once delivered shall be at risk of the Customer but shall remain the sole and absolute property of the Stoneyard until paid for in full.If payment is overdue in whole or in part the Stoneyard may (without prejudice to any of its other rights) recover or re-sell the goods or any part of them and may enter the premises where the goods are stored to reclaim possession.
If the goods are sold at such a time when the title to them remains vested in the Stoneyard, the customer will hold the sale proceeds upon trust for the Stoneyard to the extent of and for the purpose of discharging the sums due to the Stoneyard and upon receiving the sale proceeds will forthwith set aside sufficient of the sale proceeds to pay the Stoneyard for all sums due in respect of the goods holding these funds on the joint and several surety of the principals partners or directors of the Customer.
Any times periods or dates quoted for the delivery of goods by the Stoneyard are approximate only and do not impose an obligation on the Stoneyard to deliver on or before the quoted times periods or dates.
Deliveries may be partly or totally suspended by the Stoneyard at any time when delivery is prevented or hindered by circumstances outside the Stoneyard”s control.
Failed deliveries may incur extra costs.The Customer shall be responsible for any demurrage or waiting time caused by any delay in unloading and an appropriate charge will be made.All local conditions that may delay delivery should be notified before items are purchased.
If required to do so the Customer shall unload the vehicle expeditiously and shall provide all labour and tackle for so doing.
The Stoneyard shall be entitled to make an extra charge where supply is requested outside normal times.The Customer shall indemnify the Stoneyard in respect of any claim for loss or damage arising or unloading of the goods.All claims being with the haulage company used to deliver the goods.
The Stoneyard reserves the right to deliver by instalments and to render a separate invoice for each instalment.
The Stoneyard shall be entitled to charge interest on a day to day basis at 4% above 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.
The Stoneyard 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 Stoneyard as to the quality or fitness for purpose of the goods supplied. The use of the goods is the sole responsibility of the Customer.
Unless otherwise expressly agreed in writing by a Director of the Stoneyard all goods are supplied without any warranty as to their size dimension or weight. All quotations as to size dimension or weight given by the Stoneyard are approximate only and do not impose any obligation on the Stoneyard to supply the quoted size dimension or weight.Due to variations in size of cropped stone the overiding purchase will be on weight. All meterage is approximate and the customer is advised to but at least 5% extra or 10% with small orders.
Limitations of liability
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
The Stoneyard 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 24 hours of delivery (except in special circumstances justifying delay).and in any event in writing within 5 days of the date of the delivery detailing the alleged damage shortage or discrepancy and providing a reasonable opportunity to the Company to inspect the goods before they are put to any use.
No shortage in respect of goods sold by weight will be accepted unless properly weighed over a public weighbridge and respective certificates of weight produced.In addition the Stoneyard shall be entitled to recover from the Customer and the Customer indemnifies the Stoneyard against all and any costs howsoever incurred in connection with and in contemplation of any proceedings bought to recover sums due to the Stoneyard. The Customer shall not be entitled to withhold or off set any sum in respect of any loss or damage which it alleges it has sustained due to any act or default of the Stoneyard or any goods which are alleged to be defective.
Jurisdiction and law
These conditions and any act or contract to which they apply shall be governed by English law.
Any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts. Additionally, TheStoneYard is entitled to require any dispute to be determined by arbitration (by itself commencing arbitration in respect of a dispute or by giving written notice to the Customer requiring a dispute to be determined by arbitration.)
Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination or validity thereof, shall be submitted to the Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the Rules of The Business Arbitration Scheme. Judgment on any award issued under this provision may be
entered by any court of competent jurisdiction.
In the event that of arbitration, the corresponding arbitration shall be conducted as follows:
(i) Where the amount claimed by the claimant is less than £400,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted by the Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the Rules of The Business Arbitration Scheme.
(ii) Where the amount claimed by the claimant is less than £100,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a sole arbitrator and the arbitration shall be conducted by Chartered Institute of Arbitrators (CIArb) and settled by final and binding arbitration in accordance with the Rules of The Business Arbitration Scheme.
(iii) In any case where neither of the CIArb procedures referred to in (i) and/or (ii) above applies, the reference shall be to three arbitrators in accordance with the CIArb Terms applicable at the date of the commencement of the arbitration proceedings.
Samples of goods provided by the Stoneyard are intended as a guide to the general character and substance of the Goods and the Stoneyard is not liable if the bulk of the goods do not correspond with any samples.It is the of the Customer to determine the quantity of sample which may be necessary and the time of its supply in order to ensure that the sample may be representative of the bulk.
Any failure delay or indulgence by the Stoneyard in the exercise of its rights shall not limit or extinguish the rights or remedies available to the Stoneyard under the Contract.
Last updated: 27/03/2018