Goss Marble - Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Goss Marble’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘Goss Marble’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Goss Marble, Unit 25-26, Waters Meeting Business Park, Britannia Way, Bolton, BL2 2HH. Our Vat Registration No GB 103 1663 60. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

·         The content of the pages of this website is for your general information and use only. It is subject to change without notice.

·         Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

·         Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

·         This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

·         All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

·         Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

·         From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

·         Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Goss Marble - Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Goss Marble and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

 

Through this website you are able to link to other websites which are not under the control of Goss Marble. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Goss Marble takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.


Goss Marble - Copyright notice

This website and its content is copyright of Goss Marble - © Goss Marble 2010. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

·         you may print or download to a local hard disk extracts for your personal and non-commercial use only

·         you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.


 

Terms and Conditions of Sale


1.         DEFINITIONS

 

In these terms and conditions "The Company" shall means Goss Marble and the "Purchaser" shall mean the firm, company, or person who purchases Goods from the Company.  "Contract" shall mean any Contract between the Company and the Purchaser for the sale and purchase of the Goods, incorporating these conditions.  "Goods" shall mean any goods agreed in the Contract to be supplied to the Purchaser by the Company (including any part or parts of them).  "Force Majeure" shall mean any event outside the control of Company and shall include, without limitation, civil commotion, adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery vehicles. 

 

2.         APPLICATION OF TERMS

 

Subject to any variation under condition 5 the Contract shall be governed by these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions the Purchaser purports to apply under any purchase order, confirmation of order, specification or other document).  These terms and conditions shall apply to all transactions quotations and sales of Goods by the Company and unless otherwise agreed in writing shall be the only terms and conditions relating to any Contract arising there from.  Any other conditions, representations, warranties, or descriptions whether written or oral, express, implied, statutory or otherwise are expressly excluded other than such statutory conditions or warranties as may not be capable of exclusion. 

 

No terms or conditions endorsed on, delivered with or contained in the Purchaser's purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract. 

 

Each order or acceptance of a quotation for Goods by the Purchaser from the Company shall be deemed to be an offer by the Purchaser to buy Goods subject to these conditions.

 

No order placed by the Purchaser shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Purchaser. 

 

3.         QUOTATIONS

 

Quotations are given by the Company in good faith and are based on up to date information at the time.  Quotations are open to acceptance within 30 days of despatch by the Company provided the Company has not previously withdrawn it.  Prices quoted by the Company are subject to increase without notice in the event of there being any rise in the market place of the Goods after the date of the quotation or order and prior to delivery occasioned by any cause outside the control of the Company.  The Company shall be entitled to add to the invoice price and to recover from the Purchaser any Value Added Tax or other tax which is in force at the time of execution of the Contract or any taxes which may be added thereafter and which shall apply to this Contract.


4.         PRICES

 

Goods will be invoiced and paid for in pounds Sterling at the Company's prices current at the date of despatch of the Goods, such prices superceding and replacing all previous quotations or other prices unless otherwise specifically agreed in writing.  The Company will do its best but shall not be bound to inform the Purchaser of any such increase.

 

5.         VARIATIONS

 

Any variation and/or modification to a Contract to be effective must be forthwith confirmed by the Purchaser and approved by the Company in writing.

 

6.         AVAILABILITY OF GOODS

 

Any order may be cancelled by the Company without notice if the Company are prevented from obtaining, purchasing or manufacturing the Goods or from delivering the same by reason of Force Majeure, and the Company will not accept any liability for delays, damages, breakages, or any other consequences arising from or contributed to by any such matters.

 

7.         MIXING TILES

 

Where materials are delivered in pack form the Purchaser shall in accordance with recognised practice and/or the title manufacturer's recommendations ensure that several packs are used simultaneously to obtain, as far as possible, an even blend of colour and size.

 

8.         PAYMENT

 

Payment will be made in cash at the same time an order is placed unless the Company has agreed monthly credit facilities.  Monthly credit facilities shall mean that all Goods delivered in any one calendar month shall be paid for by the Purchaser in full on or before the last day of the month following.  In the event of non-payment of any amount due from the Purchaser the whole balance outstanding on the Purchaser's account shall become payable forthwith and the Company reserves the right to withhold further deliveries until such payment has been effected, cancel any Contract with the Purchaser without being liable to the Purchaser for any loss occasioned or arising thereform, or at the Company's discretion to cancel the monthly credit facility with effect that all further Goods supplied to the Purchaser must be paid for in advance.  The Company reserve the right to disallow any discount that may be applicable to the Contract entered into by the Purchaser.  If the Purchaser fails to pay any amount payable by it under the Contract, the Company may charge the Purchaser interest on the overdue amount.  The Purchaser shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of Barclays Bank.  Such interest shall accrue on a daily basis and be compounded quarterly.  The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. 



9.         RISK AND TITLE TO GOODS

 

The Goods are at the risk of the Purchaser from the time of delivery.  Ownership of the Goods shall not pass to the Purchaser until payment in full (in cash or cleared funds) for the same has been made to the Company in respect of the Goods and all other sums which are or which become due to the Company from the Purchaser on any account. 

 

If the Goods concerned remain unused in the custody of the Purchaser they shall belong to the Company until full payment and be returnable to the Company on demand.  If the Goods have already been used and form a building construction or part thereof then it is agreed that ownership of the building or construction or part thereof will pass to the Company to the extent of the amount owed.

 

10.       DELIVERY

 

(a)        Quotation (unless otherwise expressed) include the Company's charge for delivering full lorry loads of Goods to the site nominated by the Purchaser, such charges being based upon the assumption of unrestricted site access, level stacking space, firm standing, assistance for unloading time of 1.5 hours.  If the Purchaser has failed to provide the above facilities, the Company reserves the right to render an invoice for time wasted and any additional cost and expense.

 

(b)        Whilst the Company will make every effort to deliver Goods to such points on a site as may be reasonably requested by the Purchaser the Company do not undertake to deliver to any specific point on a road which is not well surfaced.

 

(c)        The Company will not be liable for any damage done to Goods from uploading or handling on site, unless such damage is occasioned by the act or neglect of the Company's agent or servant.

 

(d)        Although the Company will use its best endeavours to comply, with the Purchaser's delivery requirement, any dates specified by the Company for delivery of the Goods are intended to be an estimate, the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence).  If no dates are specified delivery shall be within a reasonable time. 

 

(e)        If for any reason the Purchaser fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Purchaser has not provided appropriate instructions, documents, licences or authorisations risk in the Goods shall pass to the Purchaser (including for loss or damage caused by the Company's negligence) the Goods shall be deemed to have been delivered and the Company may store the Goods until delivery, whereupon the Purchaser shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

 

(f)        Where the Goods are collected ex-works by the Purchaser or his servant or agent the Company's responsibility ceases when the Goods are handed over the Purchaser or his servant or agent.

 

(g)        Goods delivered by rail will be despatched at Owner Risk Rates unless the Purchaser expressly requests otherwise.

 

(h)        If the Company delivers to the Purchaser a quantity of Goods of up to 5% more or less than the quantity accepted by the Company, the Purchaser shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such Goods at the pro rata Contract rate.

 

(i)         Subject to condition 10(h), the Company will not accept responsibility for shortage or loss of Goods unless written notification thereof is given to the Company by the Purchaser in compliance with Clause 14(a) hereof.

 

(j)         The Company may deliver the Goods by separate instalments.  Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.  Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Purchaser to repudiate or cancel any other Contract or instalment. 

 

11.       SUITABILITY OF GOODS

 

The Company will accept no liability as to the suitability of the Goods for the purpose for which the Purchaser may require them.

 

12.       SAMPLES

 

Samples submitted by the Company are an indication of texture, size, colours and general appearance only.  Bulk supplies cannot be guaranteed to correspond in every respect.  Any reference is a quotation to British Standards.  Technical Data or other specification are intended as a guide only, and if the Purchaser wishes to rely on any such matter as a term of Contract the same must be put in writing by him and agreed to in writing by the Company prior to or at the same time of entering into such Contract.



13.       QUALITY OF GOODS

 

The Company warrants that the Goods shall be of sound material and workmanship, and in the event of a defect in the Goods being notified to the Company in writing within 7 days of the date of delivery, in respect of which notification time shall be of the essence, and the Company being satisfied that the defect is the result of unsound materials or workmanship of the Goods as supplied by the Company, the Company will at its own cost replace the Goods delivered with Goods of sound material and workmanship or otherwise reach an agreed settlement with the Purchaser.  In the event of the Goods being delivered are not those ordered by the Purchaser and of the Purchaser notifying the Company therein in writing within 7 days of delivery, in respect of each notification time being of the essence, the Company will at its own cost and as speedily as practicable replace the said Goods with the like and quantity of the Goods ordered by the Purchaser.  Save as aforesaid the Company shall not be liable in Contract tort or howsoever otherwise in respect of any loss or damage suffered by the Purchaser as the result of any defect in the Goods supplied.  Whilst every effort will be made to avoid variation of shades, veining, finish and sizes in Goods delivered the Company neither guarantees nor warrants that such variations will not occur or that they will conform to sample, either in quality, colour or finish. 

 

14.       CLAIMS

 

(a)        Any claims for alleged faults or short delivery must be notified by the Purchaser in writing to the Company within 7 days of the date of delivery, time to be of the essence.

 

(b)        The Company shall have the right to require the Purchaser to return such Goods to the Company at the Purchaser's own cost for examination.

 

(c)        The liability of the Company shall be restricted to replacing any Goods found to be faulty or at their option to refund to the Purchaser only that part of the Contract price relating to such faulty Goods.

 

(d)        All liability for direct and consequential loss whether from delay in despatch, delivery failure of Goods to meet specifications or performance, defects in manufacture or otherwise are hereby expressly excluded.

 

(e)        The Company will not accept claims in the following circumstances:-

 

            (i)         Loss or damage in transit in the Purchasers own transport or on site.

            (ii)        Force majeure, Act of God or matters beyond the Company's control.

            (iii)       Where the Goods have been improperly used, stored or protected.

            (iv)       In respect of general weathering of the Goods.

 

15.       LIMITATION OF LIABILITY

 

(a)        The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Purchaser in respect of:

 

            (i)         any breach of these conditions;

(ii)        any use made or resale by the Purchaser of any of the Goods, or of any product incorporating any of the Goods; and

(ii)        any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

 

(b)        All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

 

(c)        Nothing in these conditions excludes, or limits the liability of the Company:

 

            (i)         for death or personal injury caused by the Company's negligence; or

            (ii)        for fraud or fraudulent misrepresentation; or

(iii)       for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability.

(d)        Subject to condition 15(b) and condition 15(c):

 

(i)         the Company's total liability in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and

(ii)        the Company shall not be liable to the Purchaser for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract. 

 

16.       ASSIGNMENT

 

Any Contract entered into between the Purchaser and the Company shall be non-assignable.

 

17.       CANCELLATION

 

Contracts with and orders placed with the Company may only be cancelled with the Company's prior written consent.  In cases where the Company has been required to pay a deposit to a manufacturer or a supplier in respect of the Purchaser's order the Company may require reimbursement of such sum from the Purchaser as a condition of consenting to cancellation.  In every case where the Company consents to cancellation the Company reserve the right to claim for any loss of profit or such proportion thereof as the Company as its absolute discretion sees fit, suffered by the Company as a result of the cancellation.

 

18.       JURISDICTION

 

Every Contract to which these terms and conditions apply shall be construed in accordance with English Law and any dispute shall be submitted to the jurisdiction of the English Courts.  If any provision in these terms is found to be invalid by any Court the invalidity of that provision will not affect the validity of the remaining provisions of these terms which shall remain in full force and effect.

 

19.       COPYRIGHT

 

All designs and imagery used by the Company within the showroom and in publicity leaflets advertisements literature publications and website owned by the Company is, unless otherwise stated, the copyright of the Company and any reproduction must only be with the express permission of the Company in writing.

 

20.       INSTALLATION

 

Marble, Applestone, Travertine, Granite, Limestone and natural stones are products of nature and no two pieces are alike.  You must inspect the material prior to installation to check the colour, veining, thickness, sizing and finish and prepare any blending required to meet owner/buyer approval prior to installation.  Absolutely no claims will accepted for any reason after materials are installed. 







Senol & Senol Ltd t/a GOSS Marble Online Store
Unit C, Canalside North,
John Gilbert Way, Trafford Park,
Manchester M17 1UP, UK

Company Number 10682831
VAT Registration Number GB 268 3175 80