Terms and Conditions of Sale

DS Worktops Limited – Terms and Conditions of Sale

General – The following terms and conditions of sale apply to all quotations, estimates, contracts and sales made between DS Worktops Limited (The Seller) and any customer or purchaser (The Buyer) for goods or services supplied or provided by the seller and may be varied without notice. Subject to the provisions of the Unfair Contract Terms Act 1977 all prices for goods or services are quoted on the basis that contracts entered into will be based on these conditions. Any variation to these conditions must be negotiated by the Buyer prior to the placing of any order. Any terms or conditions of purchase on orders from Buyers will be of no legal effect insofar as they conflict with the Seller’s terms and conditions of sale.

Establishment of Contract – Any quotation or estimate given by the Seller is only an invitation to the Buyer to make an offer, and no order shall become binding on the Buyer or Seller until it has been accepted by the Seller.

Prices – Unless otherwise agreed in writing on the acceptance of order, any price quoted by the Seller or stated on a Buyers order will be invoiced at the price ruling at the date of delivery of goods or provision of service. All prices quoted or charged are inclusive of Value Added Tax.

Delivery and Carriage – Any indication by the Seller on a quotation or otherwise of a time for a delivery is not guaranteed and no liability for losses arising will be accepted by the Seller for late delivery. Unless otherwise stated on a quotation or acceptance of order, carriage will be charged in addition to prices quoted or charged.

Returns and Queries – All queries on buyers project must be communicated to the Seller within 7 days of the date of installation. In the event of goods being subject to damage or shortage the Buyer shall give written notice on the delivery note at point of delivery only. Notes marked “goods unchecked” shall not be accepted. Buyer must provide payment details within 7 days from installation day for sample consultation reimbursement to take place or buyer will forfeit the right to claim samples consultation reimbursement.    

Cash Accounts– All orders from Buyers who do not hold an approved credit account with the Seller should be accompanied by a deposit, as specified by the Seller, with the balance payable on delivery or collection of goods or provision of services and payment must include all packaging and delivery costs. The Seller can vary the payment terms at any time during the life of the contract.

Credit Accounts – Unless otherwise agreed in writing prior to the placement of any order by the Buyer payment for goods or services supplied shall be made in full not later than the end of the month following the month of invoicing.

Payment – according to these terms is of the essence of the contract and in the event of non-compliance by the Buyer the Seller reserves the right to withhold further deliveries of goods or performance of services until payment of all monies due to the Seller have been received.

The Seller further reserves the right to charge to the Buyer interest on all overdue accounts at the rate of 3% over HSBC Bank plc base rate, such interest to be charged on a daily basis and compounded.
The Seller’s rights as stated above will not be affected by any extended payment periods granted to the Buyer by the Seller.

Title – Property in the goods shall not pass to the Buyer until both the purchase price of the goods has been paid in full and payment is made to the Seller of any sum due at the date of the contract or may thereafter become due from the Buyer to the Seller. Until property in the goods has passed to the Buyer the Buyer will hold the goods or their proceeds of resale in a fiduciary capacity. Although the ownership of the goods remains with the Seller until goods are paid for in full, the Buyer will accept the risk in the goods and will insure them. The Buyer will keep the goods separately identifiable and grants an irrevocable licence to the Seller to enter, without notice, on to the Buyer’s premises or other site where the goods are stored with agents and vehicles if appropriate to recover the Seller’s property. Any recovery action will not reduce the Seller’s right to claim for full payment thereof. Upon such payment, to include all costs of removal and reinstatement thereof, the Seller will return the goods to the Buyer.

Alteration of Specification – The Seller reserves the right to change specification or withdraw or add products and services from catalogues and price lists without notification to Buyers unless otherwise agreed in writing on acceptance of order.

Sale or Return Goods – All goods should be returned in prime condition as delivered in the first instance, within 7 days, unless by prior agreement. Goods of a bespoke nature remain chargeable unless the terms above, marking of delivery notes, have been adhered to.

Right to Subcontract – The Seller reserves the right to subcontract all or part of the contract.

Termination – The Seller reserves the right to terminate the contract in the event of the Buyer failing to pay sums due to the Seller or if the Buyer breaches any terms of the contract or if the Buyer suffers distress or execution, commits an act of bankruptcy or is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986.

Law – These conditions and any contract between the Seller and the Buyer shall be governed by the laws of England and the Buyer agrees to submit to the exclusive jurisdiction of the English Courts.

Site Facilities – Quotations for work to be done on site are based on the understanding that provision on site will be made free of any charge to the Seller of all equipment and facilities to enable the Seller to fulfil the requirements of all current statutory Building, Health & Safety regulations and Factories Acts requirements if applicable. The necessary scaffolding and lifting gear and the operation thereof to be provided and erected free of any charge to the Seller and the usual services of General Contractors in receiving and unloading and storing materials are to be provided free of charge. Failure by the Buyer to provide such services and facilities will give rise to additional charges by the Seller.

Site Preparation & Installation – If The Seller is commissioned to undertake an installation, the Buyer is solely responsible for ensuring that the site is suitably prepared for installation (i.e. free from dampness, and all surfaces should be free from protrusions). All fixtures must be fitted before the Site Survey (e.g. electrical points, shaver sockets, appliances, and cabinets etc) as changes cannot be made once the templates have been taken. It is the buyer’s responsibility to ensure all structures to which the glass is to be fixed conform to all relevant building regulations and fit to accept the glass to be attached thereto. The Seller will be entitled to assume these conditions have been adhered to and can accept no responsibility for any damage to, or failure of, the glass, or other fixtures and fittings as a result of the Buyer’s failure to ensure the suitability of any structure.. All remedial work resulting from the above will be chargeable to the Buyer, to be paid for in advance of such work..

Site Survey & Lead-time – The Seller will undertake a survey of the site at which the Buyer wishes to have the Products installed (“the site survey”). At this point a lead-time for the delivery of the Products shall be advised.

Templates – Unless the Buyer supplies templates, Worktops will be fitted against walls or butting against other materials will be cut point to point only allowing to rake where necessary. Standard tolerances apply.

Cancelation – Delays or cancelation to templates and installation not caused by DS Worktops or its third Parties will be charged as follows aborted templating £99 aborted Installation £199 

Bespoke Work – Whilst every care is taken in manufacture, structural tolerances remain untested.

Costs – When undertaking commissions of a special design and nature, or when undertaking design and prototype development all costs will be invoiced to the Customer, unless by prior agreement. Any variations to designs and prototypes will be considered new work and the Seller reserves the right to charge the Customer for all materials and costs arising thereon.

Responsibility – Whilst the Seller will take every care in handling, storing, transporting and processing or installation of Buyers own material or other property belonging to the Buyer, liability for loss or damage is entirely at the Buyer’s own risk.

Display stock –will only be held against deposits received for a period of seven days from receipt of deposit, unless by prior agreement. Any deposit will be refundable.

Orders – Deposits taken against orders will be non-refundable after a period of 3 days in the event of cancellation by the Buyer after this period. The balance of any sale is due at the time of delivery or collection.

Supplementary Conditions applicable to – Site Work: Commissions: Buyer’s Property: Deposits