RTC Quarries – Conditions of Sale/Terms of Business for Trebarwith Road Rustic Quarry, Mil Hill Quarry & Trevillett Quarry.
‘’The Company” refers to RTC Quarries including its partners, associated companies and successors. “The Purchaser” or “The Customer” means the person, company or association ordering the goods or services from the Company, including any agents or persons authorised to order, or accept deliveries on their behalf.
1. Prices and Quotations
All prices quoted are valid only on the day of the date of quotation unless otherwise stated in writing.
Any quotation is based on the rates of tax, contributions or levies applicable at the date of the quotation. If any new tax, levy or contribution is introduced, or if the rate of any tax, levy or contribution changes, resulting in increased costs to the Company (directly or indirectly), the Company reserves the right to recover such additional costs from the
Purchaser by increasing the quoted price.
All prices quoted are exclusive of VAT unless stated otherwise.
2. Payment Terms
Unless otherwise agreed in writing, all invoices are payable within 30 days of the invoice date or the date of supply (whichever is earlier), except where cash on delivery or payment in advance applies.
The Company reserves the right to refuse to accept or execute any order, or to refuse credit, if the payment arrangements or the Purchaser’s credit status are not satisfactory.
The Company also reserves the right to suspend or discontinue delivery of goods or materials to any Purchaser whose account is overdue for payment for any reason.
3. Late Payment Charges
The Company reserves the right to charge a credit charge of 10% per month (or part month) on any overdue account. This charge contributes to the Company’s costs of collecting payment.
4. Returned Cheques
Any cheque presented in payment that is not honoured by the Purchaser’s bank for any reason will be re-presented by the Company. A minimum administration fee of £20.00 per cheque will be charged to cover costs.
5. Natural Stone – Variation in Colour, Texture and Dimensions
As a natural product, stone and slate will vary in colour, texture and dimensions and may change or mature with age. Variations may occur between different parts of the quarry and from time to time.
The Purchaser acknowledges and accepts that the Company has no control over these natural variations. Where requested, the Company may offer guidance (without prejudice) to help minimise any possible effects.
Due to the nature of slate, some delamination may occur. The Company recommends slate is used as non-weight-bearing material when considering its application.
6. Coverage and Wastage
Stone may be sold by approximate weight (tonnage) or approximate square metre coverage.
Coverage will vary depending on the method of application and the amount of splitting and dressing required by the stonemason to achieve the desired finish.
The Purchaser acknowledges that wastage will occur during transport and handling due to breakages.
RTC Quarries Natural Slate Stone and Celtic Range stone, may require further working or dressing on site to suit specific requirements, design or style criteria. This will create additional wastage, which the Purchaser must allow for when estimating quantities and pricing.
7. Part Load Charges
Part load charges may be applied at the Company’s discretion for loads that are less and a full load.
8. Supply Outside Normal Working Hours
Prices quoted cover supply during normal working days and normal working hours only. Materials supplied at the Purchaser’s request on public holidays, Saturdays, Sundays, or outside normal working hours may be subject to an additional charge.
9. Delivery
The Company does not undertake to deliver or unload over roads or ground that it considers unsuitable.
Where a delivery vehicle is required to leave the public highway to reach the delivery location, the Purchaser shall be responsible for any accident, damage or loss arising, however caused, and for any resulting consequences. In such cases, the load will be discharged at the nearest safe hard access point.
All quotations assume that the delivery vehicle will not be detained on site. The Company reserves the right to charge waiting time at its current rate if the vehicle is delayed for more than 15 minutes.
The Company will make every effort to follow reasonable delivery instructions, provided that these are supplied clearly and precisely in writing. The Company accepts no responsibility for misdirection, incorrect information, or any resulting consequences.
The Company shall not be liable for any loss or damage (direct or indirect) caused by failure or delay in delivery arising from circumstances beyond its control, including but not limited to: lack of transport, labour disputes, strikes, lock-outs, fire, accidents, acts of God, or breakdown of plant or equipment used in production or delivery.
10. Cancellation
If the Purchaser cancels an order after preparation has commenced (including sawing, dressing, sorting or loading), the Purchaser shall be liable for all abortive costs incurred by the Company.
11. Acceptance of Goods.
By signing the delivery note or conveyance note, the Purchaser confirms acceptance of the goods delivered as being of the quality and quantity required, as shown on the delivery documentation.
12. Defective Goods and Liability
The Company’s liability for defective goods or services is limited to replacement of the defective goods or a refund to the Purchaser of the value of the defective elements supplied.
No replacement or refund shall be made unless the Purchaser submits a complaint to the Company in writing within 48 hours of supply.
The Company shall not be liable for any consequential loss, damage or expense however incurred.
Where the Purchaser refuses or neglects to take delivery of an order, the Company shall be discharged from any obligation to deliver at a later date, without prejudice to any remedy available to the Company in respect of such refusal or neglect.
13. Variations to Terms
No employee or agent of the Company has authority to agree to any variation of these Conditions of Sale unless such variation is in writing and signed on behalf of the Company by a Director or the Company Secretary.
14. Retention of Title
Title to all goods supplied shall remain with the Company until all sums due in respect of those goods have been paid in full.
The Company reserves the right to retrieve any goods supplied if payment is not received within the agreed payment terms.
15. Quantity Tolerance
Where the Purchaser orders a precise quantity of material, the Company will endeavour to meet the requirement. However, due to production methods, the Purchaser must accept the nearest practical quantity, measurement or weight available from the production system.
16. Orders and Specifications
All orders for goods or services must be made in writing and must be clearly and precisely described. The Company shall not be liable for any errors resulting from unclear, incomplete or inaccurate descriptions provided by the Purchaser.
17. Condition of Materials Supplied
RTC Quarries Natural Slate Stone and Celtic Range stone will be supplied as extracted from the quarry.
The material will not be washed unless agreed in writing in advance, and an additional charge will apply to cover the work involved.
18. Entire Agreement
All sales of goods made by the Company shall be subject to these Conditions of Sale.
Where the Purchaser places an order which is accepted by the Company, a contract shall be formed between the Purchaser and the Company on these terms, which shall apply to the exclusion of any other terms, warranties or representations (whether written or oral, express or implied), including any terms contained in the Purchaser’s order.
19. VAT
All prices quoted are subject to VAT at the prevailing rate(s).
20. Correspondence
All correspondence should be addressed to the Company’s Registered Office:
RTC Quarries
Trebarwith Road Rustic Quarry
Trebarwith Road
Delabole
Cornwall
PL33 9DE
21. Governing Law
These Conditions of Sale shall be governed by and interpreted in accordance with the laws of England and Wales.