Terms & Conditions

1. Basis of Sale
1.1 All contracts between Elite Granite of Unit 58, Woodgate Business Park, Kettles Wood Drive, Birmingham B32 3DB and the person who accepts the quotation from Elite Granite for the sales of the goods or whose order of the goods is accepted by Elite Granite ("the Customer") shall be governed by these conditions of sale and no variation or addition to these conditions shall be binding unless agreed in writing by the authorised representatives of the Customer and Elite Granite.

2. Orders and Specifications
2.1 On receipt of an order from a Customer Elite Granite will issue a formal order acknowledgement, which will be the responsibility of the Customer to ensure that this acknowledgement correctly reflects their requirements and where the Customer has not given Elite Granite a written order a signed copy of the order acknowledgement must be returned.
2.2 The quality, quantity and specification of the goods shall be those set out in the order form, subject always to the following:
2.2.1 All natural materials supplied are subject to their natural markings, veinings, variations in colour cracks and vents. These are supplied cramped, stopped or reinforced where necessary and no claim on this account can be made.
2.2.2 When samples have been submitted exact resemblance's of the product supplied to the sample cannot be guaranteed.
2.2.3 Any descriptions of material offered are for guidance and do not imply suitability for any other purpose.
2.2.4 All thickness quoted are normal and no liability is accepted for reasonable variations..
2.2.5 Tolerance of +/- 2mm of the thickness of the granite and 3mm on cut out if polished and 2mm on cut out if unpolished must be accepted.

3. Price of Goods
3.1 The price of goods is the price stated on Elite Granite's order acknowledgement. Unless otherwise stated all prices are given exclusive of VAT which will be chargeable at the rate of applicable at the time of delivery.

4. Terms of Payment
4.1 Customers without and account with Elite Granite will be required to make payments as follows.
4.1.1 50% deposit on order and the balance of payment upon completion of fitting.
4.2 Customers with an account with Elite Granite will be required to make payment within seven days of the date of invoice which will be submitted to the Customer on or after delivery of the goods on such earlier date if delivery is delayed by the Customer.
4.3 Elite Granite reserves the right to charge interest at a rate of 1.5% per month on unpaid balances (whether before or after any judgement)
4.4 All credit card payments will attract a 1.5% handling fee. This does not apply to Debit cards.

5. Delivery
5.1 Delivery of goods shall be made by Elite Granite upon physical delivery by Elite Granite or collection by the Customer or authorised agent from Elite Granite.
5.2 Any dates quoted for delivery of the goods are approximate only and Elite Granite shall not be liable for any delay in delivery of goods howsoever caused. Time for delivery shall not be of the essence of the contract unless expressly agreed by Elite Granite in writing. Elite Granite shall not be liable for failure to deliver the good is the failure is due to reasons beyond Elite Granite's reasonable control.

6. Risk and Property
6.1 Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or, if the customer wrongly fails to take delivery of the goods, the time when Elite Granite has tendered delivery of the goods.
6.2 Notwithstanding any other provision of these conditions, the property in the goods shall not pass to the customer until Elite Granite has received full payment for the goods.
6.3 Until such time as the property in the goods passes to the Customer (and provided the goods are still in existence and have not been re-sold) Elite Granite shall be entitled at any time to require the Customer to deliver up the goods to Elite Granite, and if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the goods are stored and repossess the goods. If the Customer shall have re-sold the goods, the proceeds of such sale shall be held by the Customer as trustee for and to the account of Elite Granite.

7. Warranties and Liability
7.1 Subject to condition 2.2 above and the conditions set out below Elite Granite warrant that the goods will correspond with their description at the time of delivery.
7.2 Elite Granite shall be under no liability in respect of any defect in the goods arising from any drawing, design, specification or template supplied by or on behalf of the Customer.
7.2.1 Elite Granite shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Elite Granite's instructions (whether oral or in writing), misuse or alteration of the goods without Elite Granite's approval..
7.3 Subject as expressly provided, in conditions, and except where the goods are sold to a person dealing as a Customer (within meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statue or common law are excluded to the fullest extent permitted by law.
7.4 Where the goods are sold under a Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.
7.5 Any claim by the Customer which is based on any defect in the quality or condition of the goods or their failure to correspond with their description shall (whether or not delivery is refused by the Customer) be notified to Elite Granite within three days from the date of delivery. If the delivery is refused and the Customer does not notify Elite Granite accordingly, the customer shall be entitled to reject the goods and Elite Granite shall have no liability for such defect or failure, and the Customer shall not be bound to pay the price as if the goods had been delivered in accordance with the contract.
7.6 Where the Customer deals as a consumer, the provisions of section 3.5 of Sales and Goods Act 1979 (as amended) shall replace the provisions referred to in clause 7.5 above.
7.7 Where any valid claim in respect of the goods which is based on any defect in the quality or condition of the goods or their failure to match their description is notified to Elite Granite in accordance with these conditions, Elite Granite shall be entitled to replace the goods (or the part in question) free of charge or, at the discretion of Elite Granite, refund to the Customer the price of the goods (or a proportionate part of the price) but Elite Granite shall have no further liability to the Customer.
7.8 Except in respect of death or personal injury caused by elite Granite's negligence, Elite Granite shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty condition or any other term, or any duty at common law, or under the express terms of contract, for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise) cost, expenses or other claims for compensation whatsoever (whether caused by negligence of elite Granite, it's employees or agents otherwise) which arise out of or in connection with supply of the goods, or their use, and the entire liability of Elite Granite under or in connection with the contract shall not exceed the price of the goods, except as expressly provided in these conditions.
7.9 Elite Granite shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform any of Elite Granite's obligations in relation to the goods, if the delay or failure was due to any cause beyond the reasonable control of Elite Granite, including but not limited to strikes, lockouts, trade disputes, import or export regulations or embargoes and difficulties in obtaining raw materials.

8. Variations
8.1 Elite Granite reserves the right to change these terms and conditions from time to time and when the affect the current Customer orders Elite Granite will advise the Customer accordingly in sufficient time to allow the Customer to amend or terminate by written notice.

9. Insolvency
9.1 Either party may immediately terminate the contract by written notice if the other becomes insolvent or is deemed to be insolvent within the meaning of section 123 of the insolvency act 1986.

10. General
10.1 Any notice required or permitted to be given by wither party to the other under these conditions shall be in writing addressed to that other party at it's registered office or principle place of business or where a person is dealing as a consumer at such address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.2 No waiver by Elite Granite or any breach of contract by the Customer shall be considered as a waiver of any subsequently breach of the same or any other provision.
10.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforcable in whole or in part of the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
10.4 The contract shall be governed by the laws of England and the Customer agrees to submit to the non exclusive jurisdiction of the English Courts.