Terms & Conditions Of Business
Traditional Materials, Traditional Skills For a Lasting Tribute
Examples of our work in creating memorials and restoring existing ones can be seen in cemeteries all over Essex, London, including Dagenham, Waltham Abbey, Barking, Romford and Upminster.
Please call us to arrange a home visit at a time convenient to you to discuss any memorial, headstone or kerb grave requirements you may have, either to create a new sculpture in memory of a recently deceased loved one or to clean, restore and maintain existing headstones of family members or friends.
Terms and Conditions of Business
In these conditions:
“Buyer” means the person or company who accepts a quotation of the Seller for Goods, or whose Order for Goods is accepted by the Seller.
“Seller” means the firm of memorials masons named in the Order. “Goods” means the memorial described in the Order and any works (including inscriptions) to be carried out to complete such memorials.
“Order” means any quotation of the Seller which is accepted by a Buyer or any Order placed by the Buyer which is accepted by the Seller.
“Monument” means any stone or other material on which work has been carried out by the Seller.
Natural quarried materials can vary in colour, shade and grain. Sometimes there can be large quartz in the stone but this is normal and to be expected in larger parts of the stone. Lighter coloured granite’s and softer stones e.g Limestone, Portland, Marble materials are more absorbent than darker coloured materials and can change in colour when wet, creating a temporary darker colour in parts or all of the stone. The darker the stone the denser and less absorbent it will be. All sizes are approximate and imperial. All Goods are sold subject to these natural variations and therefore cannot be guaranteed identical to any sample produced. Any orders confirmed are on the understanding that these natural quarried products may exist.
The “Buyer” will be required to pay a 50% deposit in advance and should check the details of the Order and the wording therein of the inscription, carefully. Particular care should be taken in the spelling of names and the accuracy of dates. Any alteration should be notified to the Seller before acceptance of the Order and confirmed in writing by both parties. The seller shall provide the monument to reasonably resemble the proposed design at point of sale, however allowances should be made on the buyers behalf in respect to fine carvings in hard stone. The Seller cannot otherwise accept responsibility for any errors in an inscription on Goods which comply with the terms of an Order. Once the “Buyer” has confirmed the inscription and application for the memorial permit will require a signature from the grave owner. We will then submit this application along with the fee to the cemetery office and wait for written approval. Once received written approval the “Seller” can order the material for the memorial this can take approximately eighteen to twenty weeks for this to be shipped into the country. The “Seller” will fit the memorial once they have completed and an invoice for the outstanding balance will be sent.
The Seller will endeavour to deliver the Goods or, if applicable have the Goods available for collection by the Buyer within the time estimated in the Order; but if completion of any works are delayed through strikes, weather permitting conditions, lock-outs, accidents, non-delivery of materials to the Seller or other force majeure, a reasonable extension of time will be allowed. Time shall not be of the essence of the contract unless expressly agreed in writing by the Seller.
The Title in the Goods remains vested in the Seller and shall not pass to the Buyer until the Seller has received payment in full of the price for the Goods.
The balance of the price for the Goods shall be due and payable within 14 days after the date of issue of the invoice. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to remove the memorial until payment has been made and be charged for removing and re fixing the memorial back or further action in a small claims court to recover the funds.
(i) If the Goods shall prove to be faulty in workmanship or material not in accordance with this contract within Five years of the Goods being fixed in the agreed place, the Goods (or such part thereof as applicable) shall be made good or replaced by the Seller without any expense to the Buyer, provided always that the fault is not as a result of damage caused by, or as a result of any act by, any third party. The Seller shall have no liability to the Buyer for any consequential loss to the Buyer arising out of the provision of the Goods (except in respect of death or personal injury resulting from negligence) and the total liability of the Seller for any other loss of the Buyer so arising shall be exceed the price payable by the Buyer for the Goods.
- Cancellations changes and delays Once accepted by the seller and confirmed by way of sales confirmation, an order is not subject to cancellation or change except on terms acceptable and satisfactory to the seller which may include, among other things, seller retaining any and all deposits made by the buyer. Direction by the buyer to cancel an order may be treated as a repudiation making the buyer immediately liable for loss, expense and other damages. In addition to retention of the buyers deposit, it is understood that a cancellation charge may be due from the buyer to the seller computed on the basis of costs (direct and indirect) accumulated, including, without limitation, labour, materials and design related to the contract and the articles described herein, plus ten percent(10%) of the total contract price as liquidated damages, and not as a penalty for such cancellation. The cancellation charge shall be due and payable at the time of receipt of the buyer’s written notice of cancellation at the seller’s office. In the event that the buyer causes or requests (a) changes to be made that affect delivery, installation, specification completion dates or otherwise, or (b) the work to be delayed, whether directly or by other contractors or because the facilities, including utilities, electrical hook up, site preparation, governmental permits, approvals or licenses, apparatus or other conditions to be provided or arranged by the buyer are lacking or insufficient, the buyer will reimburse the seller for any expense incurred by the seller in respect of or resulting from each such change or delay upon presentation by the seller of an invoice.