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Recruitment
                                                                         

TERMS AND CONDITIONS

In the following conditions, the "Seller" means Acantha Fireplaces, and the "Buyer" means the person buying the product from the "Seller".
The statutory rights of the buyer are not affected by these conditions. These conditions shall apply to all contracts unless expressly varied in writing by the seller.
Any inconsistencies to Seller’s terms, offered on behalf of the buyer shall be assumed to be void unless accepted by the seller, in writing.

1. NEW ACCOUNTS / PRO-FORMA INVOICES:
New accounts may be opened upon satisfactory bank and two trade references being received. Meanwhile, orders will be accepted and dealt with by payment made upon Pro-forma Invoicing. Pro-forma invoices are valid for 21 days and goods should be re-ordered after that time, if still required.

2. TERMS:

  1. Account holders – within one calendar month from the Seller’s date of invoice.
    EXTENDED TERMS ARE NOT AVAILABLE. The Seller reserves the right to charge interests per month or part thereof on overdue accounts at 2% over the LIBOR base rate.
  2. Non account holders – payment as per agreed schedule within the pro-forma invoice. Any of the following methods of payment may be acceptable to the Seller;
    i. Cash upon delivery.
    ii. Bankers Draft from a reputable bank.
    iii. Irrevocable Letter of credit from a reputable national bank.
  3. The Seller reserves the right to ask the Buyer for a deposit or advance payment before the Buyer’s order can be processed. Alternative terms and methods of payment to be mutually agreed and accepted in writing by the Seller.

3. DELIVERY:

  1. Any delivery date quoted are genuine forecasts but shall not be legally binding on the Seller.
  2. Time of delivery shall not be the essence of any contract.
  3. In the event of the Seller being unable to supply goods subsequent to receiving an order from the Buyer, the Seller shall not be liable for any incidental or consequential loss howsoever arising.
  4. It’s the Buyer’s responsibility, regardless of delivery address, to ensure the goods are as ordered and they are of satisfactory quality.
  5. The Seller strongly recommends that the buyer checks correct description and quality on goods delivery notes.
    In the event of any discrepancy whatsoever, the buyer must notify the Seller within 3 days of arrival of consignment and before the goods are processed in any way.
    Otherwise no responsibility can be accepted for any claims.
  6. Upon acceptance of deliveries the Buyer must sign the carrier's delivery note. All Goods must be carefully examined on delivery.  "Unexamined or Unchecked will not be accepted as a conditional signature.  Claims for loss or damage must be made within 3 days of arrival of consignment informing the Seller and carrier of the loss or damage involved. Damaged items and packaging must be retained for inspection. The Seller shall not be held liable otherwise.
  7. None arrival of goods despatched from the Seller must be notified to the Seller, within "24 hours" from the quoted delivery date, immediately by telephone and also in writing.
  8. In all events the limits of liability for any fault or defect in the product shall be to a sum not exceeding the purchase price of the particular goods, and the Seller shall not be liable for any loss howsoever arising.
  9. The Seller will not accept any liability for delays caused by "force majeure" beyond the Seller’s control.

4. CARRIAGE AND HANDLING:

May be waived by the Seller depending on the size of the order, and in any event to be negotiated and to be accepted in writing by the Seller.

5. RETURNS:

  1. The Seller reserves the right of discretion, to accept/or to refuse the return of any goods supplied.
  2. It is the Buyer’s responsibility to ensure that all goods returned are properly packed and returned in good condition. Damaged goods will not be accepted for credit.
  3. If upon receipt and examination of returned goods, the Seller finds that there is a discrepancy in the stated reason by the Buyer for returning the goods, the Seller reserves the right to refuse credit.
  4. The Buyer will be responsible for all product faults up to and including 5%, the Seller will accept responsibility over and above this level.

6. RISK AND TITLE:

  1. Risk in the goods shall pass the Buyer on delivery but goods shall remain the sole and absolute property of the Seller as legal and equitable owner, until the Buyer has paid to the Seller the agreed price together with the full price of any other goods supplied by the Seller to the Buyer and in all cases payment by cheque shall constitute payment only on clearance of the cheque.
  2. Until Buyer becomes the owner of the goods:
  1. The Buyer shall not sell or part with possession of the goods.
  2. The Seller may for the purpose of recovery of it’s goods enter any premises where they are stored or where they are reasonably thought to be stored and reposes them.
  3. If the goods belonging to the Seller are mixed with or incorporated into goods belonging to the buyer the product shall belong to the Seller. If goods belonging to the Seller are mixed with or incorporated into goods belonging to any other person the product shall be owned in common with that other person.

7. SPECIFIC ORDERS:

  1. Designs supplied by the Buyer:
  2. The Seller would ask all buyers to give a formal written order for production of new Mantel designs, so as to avoid any uncertainly over the Buyer’s requirement.
  3. The Seller will give the Buyer an estimate of the time to be taken to complete a particular job depending on the complexity of the design and the type of stone to be used.
  4. The Seller will take every care to interpret the Buyers instruction correctly, but the Buyer should notify the Seller in writing that production can commence.

The Seller strongly advises the Buyer to:

  1. Visually check that the Seller’s "proving sample" corresponds with their instruction.
  2. Carry out all tests on samples provided, to their satisfaction.

8. CANCELLATION:

  1. In the event of cancellation of any order by the Buyer, the Buyer will be responsible for all costs incurred by the Seller up to the point of cancellation.
  2. The Buyer must notify the Seller of all cancellation in writing.

9. MISCELLANEOUS:

  1. Any correspondence or discussion entered into between the Buyer and the Seller other than that referred to in schedules 1 to 9 herein shall not constitute any part of this contact.
  2. Any other terms and conditions agreed, outside the scope of this document, pre or post contract, shall only form part of this agreement if specifically accepted by the Seller in writing so as to be an added schedule to this existing contract.
  3. At all other times the pro-forma invoice with the terms and conditions of sale set out within schedules 1 to 9 herein shall be deemed to be the only agreement between the Buyer and the Seller.
  4. Acceptance of the pro-forma invoice by the Buyer in writing is deemed to be acceptance of this contract with the terms and conditions set out as above.

10. DISPUTE:

Every effort is made by the Seller to offer a high standard of service. However in the event of any dispute English law governs this contract, except as may be specified by the Seller in writing elsewhere in the contract.

AN APPRECIATION OF MARBLE

Most coloured marbles are inherently unsound and this may vary hairline cracks in some varieties to extensive brecciation in others. Generally speaking, the more "figure" a marble contains the greater the need for reinforcement, repair and filling in one form or another. Fortunately, with modern techniques and skills these repairs and fillings can be well concealed and the parts so treated are normally the stronger sections of the marble; such repairs should not therefore be regarded in any way as defects. In the course of developing a quarry, considerable variation often occurs in the colours and veining of the marble extracted, and for this reason close uniformity of appearance is not natural and should not be expected. When for reasons of size, therefore, marble has to be in two or more pieces, it is sometimes impossible to match the graining exactly to conceal the joints.