CONDITION OF SALE
1. Interpretation in these conditions:
a. 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.
b. Seller means the firm or Hampshire Memorials Ltd. named in the Order.
c. Goods means the memorial described in the Order and any works (including inscriptions) to be carried out to complete such memorials and any ancillary services.
d. 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.
e. Monument means any stone or other material on which work has been carried out by the Seller.
Natural quarried materials can vary in colour and texture. All Goods are sold subject to these natural variations and therefore cannot be guaranteed to be identical to any sample produced.
The Buyer should carefully check the details of the Order and the wording therein of the inscription carefully. Particular care should be taken on the spelling of names and the accuracy of dates. No alteration to the Order will be allowed after acceptance unless confirmed in writing by the Seller. The Seller cannot otherwise accept responsibility for any error in an inscription on Goods which comply with the terms of an Order.
The Seller will endeavour to deliver the Goods or, if applicable have the Goods available for collection by the Buyer within the time specified in the Order, but if completion of any works is delayed through strikes, lock- outs, accidents, nondelivery 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 the cash or cleared funds for payment in full of the price for the Goods, Fees and Taxes.
A deposit as specified in the order or, if none is so specified, 50% of the Price for the Goods shall be paid by the Buyer to the Seller upon acceptance of the Order. Until payment of that deposit is made the Seller shall not be obliged to commence any work, and any date specified for completion of the Order shall be extended by the period of any delay in payment of the deposit.
The balance of the price for the Goods shall be due and payable within 14 days after the date of issue of the invoice notwithstanding that delivery of the Goods may not have taken place to the intent that the Seller shall be entitled to defer fixing the memorial in the agreed place until after payment in full of the price of the Goods in cash or cleared funds.
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 charge interest (both before and after any judgement) on the amount unpaid at the rate of 2.5% per month from the due date until payment in full is made.
If the Goods shall prove to be faulty in workmanship or material, or not in accordance with this contract, within three 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 or act of God.
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 not exceed the price payable by the Buyer for the Goods.
Fees to cemetery and churchyard authorities are the responsibility of the Buyer but may be paid by the Seller and added to the invoice. Notification of such charges is given by the Seller to the Buyer in good faith. Should these charges be increased at any time prior to the date of the fixing of the Goods, the difference shall be paid by the Buyer to the Seller within 7 days of request for payment.
Value Added Tax will be payable at the rate applicable at the date of invoice.