Hoare Banks Terms & Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods and/or services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, payment terms, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please notify us.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in purple and those specific to businesses only are in green.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms. You shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are W.A. Hoare & Sons (Sculptors) Limited t/a Hoare Banks Stonemasons a company registered in England and Wales. Our company registration number is 00211766 and our registered office is Hoare Banks House, Gloucester Road, Boscombe, Bournemouth, BH7 6DA. Our registered VAT number is 795 2501 12.
2.2 How to contact us. You can contact us by telephoning our customer service team on 01202 397231 or by writing to us at office@hoarebanks.co.uk or Hoare Banks House, Gloucester Road, Boscombe, Bournemouth, BH7 6DA.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your communication.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Quotations/Estimates. A quotation or estimate given by us for the supply of products shall not constitute an offer. A quotation or estimate shall only be valid for a period of 30 days from its date of issue.
3.2 How we will accept your order. To accept our quotation or estimate you will need to place an order in writing. The contract between us will then come into existence and become legally binding on the earliest of either of the following:
(a) we receive your written instructions following our quotation or estimate; or
(b) having issued you with a pro forma for payment, we receive the requested payment from you in full.
(c) By accepting our quotation, you will be making an offer to buy the products and services that are listed in the order.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by contacting you by your preferred method of communication. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order which will be shown on all correspondence as ‘our reference’. You will be required to quote your order number in any correspondence with us.
3.5 What happens if a deposit invoice is not paid. If you are required to pay a deposit prior to us providing the goods and/or services and you do not pay the deposit invoice within 14 days of the date of the invoice, we reserve the right to cancel your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display or print of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. If you would like samples for any of our products, you should request these before placing your order. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website may have a tolerance and if so, this will be specified in your order.
4.2 Making sure details in your order are accurate. If we have attended your premises to take measurements, for example, in order to template your kitchen, we accept responsibility for ensuring that those measurements are correct. You are responsible for ensuring that the details you give in your order, including any measurements not carried out by us or other specifications for products made to order, are correct. Please contact us if you require any assistance with measurements.
5. Our Services
5.1 Details of the installation will be set out in your order confirmation. Your order confirmation will set out the detail of the services we are providing. We will provide those services using reasonable care and skill. We will use our reasonable endeavours to meet any performance dates specified in the order confirmation but any such dates shall be estimates only and time shall not be of the essence.
5.2 Preparing the property and disposal of existing worktops. You are responsible for making sure that the property is clear prior to installation. Unless we have agreed otherwise in writing we will not remove and dispose of your old/existing work tops and appliances. Please see our Schedule 1 below for further instructions.
6. Guarantee
6.1 Guarantee. We provide a 12 month guarantee on the products we provide and installation of them. If you experience any problems during this 12 month period you should report it immediately by calling or emailing us (see clause 2.2 above for our contact details). We will not be liable for any guarantee claims which are not reported to us within the 12 month warranty period. For the avoidance of doubt this clause 6 is subject to the limitations in clauses 18, 19 and as referenced to in Schedule 1.
6.2 Exclusions. Please read this clause carefully as we will not cover any guarantee claim:
(a) where the products or installation have been modified, repaired or tampered with by anyone other than us;
(b) which arises from your misuse or failure to follow our instructions;
(c) the defect arises from your failure to carry out further work which we have recommended should be carried out;
(d) which is due to normal wear and tear or normal use; or
(e) which is mentioned in Schedule 1.
7. Your Obligations
7.1 You shall:
(a) ensure that the terms of the order and the order confirmation are complete and accurate;
(b) cooperate with us and our agents in all matters relating to the products and installation; and
(c) provide us with access to the relevant premises as reasonably required to complete the installation.
8. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
9. Our rights to make changes
9.1 Changes to bespoke products. We will not make any changes to bespoke products without first obtaining your prior approval. In the event that we contact you for this purpose, please ensure that you comply with your obligations under clause 10.10 in providing information/approval to us.
9.2 More significant changes to the products and these terms. In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
10. Providing the products
10.1 Delivery costs. The costs of delivery will be agreed with you during the order process.
10.2 When we will provide the products. During the order process we will let you know an estimated time of when we will provide the products to you.
10.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of a delay of more than 3 months you may contact us to end the contract and receive a refund for any products you have paid for but not received.
10.4 Collection by you. If you have asked to collect the products from our premises, we will arrange a suitable time for collection with you.
10.5 If your delivery address is not accessible when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted, we will contact you informing you of how to rearrange delivery or collect the products from a local depot. However, please note that you will be responsible for any interim storage costs or other fees we incur (directly or indirectly) as a result of delayed delivery.
10.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 13.1(c) will apply.
10.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 13.1(d) will apply.
10.8 When you become responsible for the goods. Any products will be your responsibility from the time we deliver the product to the address you provided us with, or you arrange collection from us.
10.9 When you own goods. You own a product once we have received payment in full.
10.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, designs, measurements and quantity. We may contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 13.1(b) will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
10.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 9).
10.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend a product for longer than 3 months you may contact us to end the contract and:
(a) in the case of services we will refund any sums you have paid in advance for the product; and
(b) in the case of a bespoke product, we will refund you any sums paid in advance for such part of the works not yet completed in relation to that product.
10.13 We may also suspend supply of the products if you do not pay. If you do not pay us any sums due when you are supposed to (see clause 17.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 17.8). As well as suspending the products we can also charge you interest on your overdue payments (see clause 17.7).
11. Your rights to end the contract
11.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 15 if you are a consumer and clause 16 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 11.5.
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and:
(i) in the case of a bespoke product, we will refund you any sums paid in advance for such part of the works not yet completed in relation to that product.
The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 9.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) any products which are bespoke, i.e. are produced using a particular, unique specification provided by you, such that if you chose to cancel the contract, we would be left with a product which could not easily be sold elsewhere;
(b) services, once these have been commenced, even if the cancellation period is still running; and
(c) any products which become mixed inseparably with other items after their delivery.
11.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, stone restoration)? If so, you have 14 days after the day we confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
11.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 11.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we reserve the right to charge you for any costs incurred as a result of you ending the contract.
12. How to end the contract with us (including if you are a consumer who has changed their mind)
12.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Telephone us on 01202 397231 or by writing to us at office@hoarebanks.co.uk. Please provide your name, postal address, details of the order and, where available, your phone number and email address.
(b) By post. Fill in the form at the end of this document and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
12.2 We do not accept the cost for return unless authorised and agreed in advance by a Director. Where you are a consumer exercising your right to change your mind with reference to clause 11.3 you must pay the costs of return.
12.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
12.4 How we will refund you. If you are entitled to a refund we will refund you by using the method you used for payment. However, we may make deductions from the refund, as described below.
12.5 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind under clause 11.3:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount which is proportionate to what has already been supplied, in comparison with the full coverage of the contract.
12.6 When your refund will be made. We will make any refunds due to you as soon as possible, provided that you provide the necessary bank details required for us to make the refund. If you are a consumer exercising your right to change your mind then your refund will be made within 28 days of us receiving or collecting, and accepting the return of, the product.
12.7 When we may withhold a refund. Save in the case of any refund due under clauses 9.2, 10.3 and 10.12, where you have placed an order for multiple products and some but not all of those products are cancelled, any deposits or advance payments made in respect of the cancelled products will be held by us and offset against the sums due from you on completion of the products which are processed and completed.
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, details relating to quantity or specification;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services;
(e) you do not co-operate with us in all material respects relating to the supply of products by us to you;
(f) you do not allow us access for installation or delivery at the pre-agreed dates and times; or
(g) you do not obtain, at your own cost, such import licences and other consents in relation to the products as are required from time to time and, having been requested to do so, fail to make those licences and consents available to us prior to the relevant shipment.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01202 397231 or by writing to us at office@hoarebanks.co.uk or Hoare Banks House, Gloucester Road, Bournemouth, Dorset, BH7 6DA
15. Your rights in respect of defective products if you are a consumer
15.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract.
16. Your rights in respect of defective products if you are a business
16.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification given at the time of order;
(b) be free from material defects and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
16.2 Subject to clause 16.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 16.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full, including at the Director’s discretion any costs of returning the goods to us.
16.3 We will not be liable for a product's failure to comply with the warranty in clause 16.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 16.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
16.4 Except as provided in this clause 16, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 16.1.
16.5 These terms shall apply to any repaired or replacement products supplied by us under clause 16.2.
17. Price and payment
17.1 Where to find the price for the product. The price of the product (which excludes VAT unless otherwise agreed) will be the price indicated when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 17.3 for what happens if we discover an error in the price of the product you order.
17.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
17.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order. If the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
17.4 When you must pay and how you must pay. We accept payment by debit card, credit card, bank transfer, cash or cheque. When you must pay depends on what has been agreed in the ordering process:
(a) If we have requested a pre-payment, you must pay the required amount in cleared funds before (in the case of goods) we dispatch the products or you collect them from us, or (in the case of services) we have rendered the services, whichever is applicable.
(b) If we have agreed for payment or part payment to be made after the goods and/or services have been delivered/collected, we will invoice you for the balance of the price and you must pay each invoice within 10 calendar days after the date of the invoice.
17.5 Please note that where we are providing bespoke goods to you, we are unable to commence the services until we have received the deposit in full as specified in the order.
17.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
17.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
18. Our responsibility for loss or damage suffered by you if you are a consumer
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 15.1; and for defective products under the Consumer Protection Act 1987.
18.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.
19. Our responsibility for loss or damage suffered by you if you are a business
19.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987.
19.2 Except to the extent expressly stated in clause 16.1 all terms implied by sections 16 to 18 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19.3 Subject to clause 19.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the products forming part of the order in question.
20. How we may use your personal information
20.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
21. Intellectual property rights
21.1 For the purpose of this clause, intellectual property rights shall mean patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
21.2 All intellectual property rights in or arising out of or in connection with the products (other than intellectual property rights in any materials provided by you) shall be owned by us.
21.3 To the extent that the products are to be manufactured in accordance with a specification supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of the specification.
22. Other important terms
22.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
22.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
22.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
22.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
22.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1
Specific Conditions
1.1. Templating
1.1.1. We recommend that you, or a trusted representative, be present during the templating process to agree all relevant details such as overhang, joints, and height of splash backs. Advice can also be given at this point with regard to any alterations and/or additional work that would need to be carried out before the new worktops can be fitted.
1.1.2. Unless specified, we reserve the right to use our own judgement regarding all overhangs. In the event that you or a trusted representative is not present we will use our reasonable endeavours to template but take no responsibility whatsoever for any misinterpretations or accept no responsibility if these are later found to be unacceptable. You can email changes to us for our review and consideration but you may need to approve these in person at our showroom. If this is not possible we can make arrangements for our fitters to re-visit but this will be at an extra cost to you and may delay your fitting date.
1.1.3. In order for us to process and manufacture projects as efficiently and accurately as possible, it is essential the following points are addressed, and if needed, carried out prior to us templating on the property. Please read these considerations carefully which apply more specifically to kitchen units, fittings, appliances and accessories:
A. Kitchen Units & Worktops
B. Splashbacks, Upstands & Hob Splashbacks
C. Gas or Electric Hobs
D. Sinks
E. Taps
1.1.4. We apply our professional experience and judgement whilst templating but take no responsibility whatsoever for any misinterpretation if any conditions are not met.
1.2. Kitchen Units & Worktops
1.2.1. All surfaces/carcasses to be templated must be complete, flat and level. The final level of the worktops can only be as good as the level of the units supporting them.
1.2.2. All units that are going to have natural/composite stone fitted to them must be well constructed, fixed together and be fully fitted. This includes end panels or other additions to the main units.
1.2.3. We accept no liability for problems caused by additions or alterations to the furniture, appliances and accessories by a third-party after the template stage has taken place.
1.2.4. Any alterations made by either yourself, a kitchen company or fitters after the templates have been made must be amended by you, in person at our showroom, at your expense. We reserve the right to not accept any alterations given verbally over the phone.
1.2.5. If replacing existing worktops, they must be removed before our arrival to make your templates. This allows the carcasses to be viewed, assessed and advice can then be given if any additional work needs to be carried out before the new worktops could be fixed.
1.2.6. We can offer removal of worktops at a separate cost so please contact us for a quote to carry this out.
1.2.7. Any units to be fitted directly on top of the worktops must be fitted after the worktops or on adjustable wall brackets to give adequate clearance. It is not acceptable to leave a gap and expect to slide the worktops under.
1.2.8. If any walls around the worktops need to be plastered or altered in any way, you must ensure that this is carried out either before templating or after fitting the worktops.
1.3. Splashbacks, Upstands & Hob Splashbacks
1.3.1. Where splashbacks and/or upstands are to be fitted, we take no responsibility for the curvature & alignment of the walls. Natural/composite stone will not bend therefore there may be gaps behind the splash-backs when fitted.
1.3.2. Where full height splash backs between worktops and cupboards, or hob splash back between worktops and extractor unit are required, we are unable to make these fit with no gaps. A certain amount of tolerance is required to fit these items as to avoid damage to the underside of the cupboard or extractor unit. Tolerance for cupboards is usually around 4-5mm and anything up to 60mm for extractor units with curved glass. This is needed to avoid damage to the glass due to any heat expansion. Too tight a fit may crack the glass. Our fitters will try to keep any gaps at the bare minimum to ensure the best fit possible.
1.4. Gas or Electric Hobs
1.4.1. Gas or electric hobs must be disconnected but available on the property on both the template date and fitting date. We have neither the tools, skill set or in some cases required qualifications (such as corgi- gas or electrical NIC or other approved governing body) to undertake any plumbing, gas, electrical, plastering or carpentry work.
1.4.2. Recessed / flush fitting hobs will be charged at an extra rate to a standard hob cut out. The fitter must be given the booklet / cutting sizes that are required for this make and model. This booklet should be in the box with your hob. We will only use the dimensions given in this booklet unless otherwise instructed by you. We will also need to have your flush fitting hob here at our factory when it is due to be fabricated to ensure a perfect fit. Tolerances given by the manufacturer of around 2-3mm for hobs made with glass are common. This is needed to avoid damage to the glass due to any heat expansion. Too tight a fit may crack the glass.
1.4.3. We do not include fitting/ securing of any hob either gas or electric.
1.5. Sinks
1.5.1. Belfast/butler sinks must be fixed in position before we can template. When we return to fit your worktops you should make your own arrangements to fix the taps in position as these can be very hard to reach after the granite is fitted. In some cases joints may be needed behind the sink to enable the tap to be fitted if it is impossible to reach it from under the sink unit.
1.5.2. We strongly suggest that a small shelf is attached under any sink/ waste disposal unit after fitting to take any excess weight. You would need to speak to your kitchen company/fitter or a local joiner to make & fit this for you.
1.5.3. If you would like an alternative way for the sinks to be attached to the granite you may provide a sub top on your unit that is cut out to the size of the sink with an 8mm tolerance for the sink to move forward & backwards and side to side. Our fitter ( or call our office) will be able to give you more information/ advice on this at the template stage.
1.5.4. Under-mounted sinks that are heavy such as pot or ceramic sinks cannot be bonded onto the natural/composite stone in the same way as lighter stainless-steel sinks. It is the customers, kitchen supplier and/or the kitchen fitters responsibility to fix a shelf to mount the sinks on before templates are made.
1.6. Taps
1.6.1. We do not include fitting of the taps as standard in your quotation for either the worktops or template & fitting.
1.6.2. We are unable to undertake any plumbing work of any kind.
1.6.3. Any taps must be disconnected but available on the property.
1.6.4. It is your responsibility to give us all the information on unusual taps or tap hole sizes. If the tap is any different to standard sizes you should have information or a booklet that came with the tap. This must be given to the fitter at the template stage.
1.6.5. If you neglect to tell us of a tap hole that is needed at the template stage this can be cut on the property by the fitters when fitting. We will not be liable for any damage that occurs as a result of the tap hole being cut. There will also be a charge payable to the fitters for this service. Please speak to your fitter for rates.
2. FITTING
2.1. The customer is to provide free uninterrupted access to floor and surface areas during the execution of work. It is recommended that the customer remove all kitchen doors before fitting to avoid any possible damage and allow a clear access route to the point of installation. Likewise, if you have installed new floor surfaces we recommend you take adequate precautions to cover and protect these in the areas we will be required to access.
2.2. Customers are responsible for removal of old worktops and adequate support for some sinks unless otherwise agreed. If fitters need to carry out extra works on arrival an extra charge may be incurred, these will be discussed with you prior to any work being undertaken.
2.3. The majority of the work that would require cutting and polishing would be completed at our factory to minimize dust, dirt and untidiness at the your house. Some instances of grinding, cutting and polishing the granite I quartz at your house are unavoidable. Our fitters will make reasonable effects to keep this to a minimum and clean up afterwards, but you should be prepared for this and instruct the fitters where they are able to complete this work if necessary (i.e. garage, driveway, patio or back garden).
2.4. If any sink, tap or hob has been reconnected after templating, they must be disconnected and removed. We have neither the tools, skill set or in some cases required qualifications (such as Corgi Gas or electrical NIC or other approved governing body) to undertake any plumbing, gas, electrical, plastering or carpentry work.
2.5. All electrical, gas and sink fittings will need to be removed by you or your kitchen fitting company if they interfere in any way with the installation of the new worktops.
2.6. Tiling in areas around the worktops must take place after fixing the worktops.
2.7. Standing on the finished worktops is to be avoided at all costs. If this happened, they may either break or become scratched.
2.8. All work surface levels will follow unit levels.
3. PRODUCTS AND MATERIALS INSTALLED
3.1. We cannot accept any claims based on the variations apparent in a natural/composite stone. We do not recommend replacing part of a natural/composite stone worktop as no two pieces of natural/composite stone are the same.
3.2. All natural/composite products are natural products and are therefore subject to colour variation, natural veining, grain and some light, medium or heavy pitting. As natural/composite stone is not totally flat and they are not impervious to damage. It is common to find variation between and within slabs of stone from the same quarry. We will always use matching slabs for any adjacent pieces of work in order to ensure consistency where reasonable possible; however, an exact match cannot be guaranteed due to variations between and within slabs that are used. It is however unlikely that these variations will be clearly visible to the naked eye. The natural/composite stone used for an install may vary to a degree in appearance and feel from any sample previously provided to the customer.
3.3. All slab thicknesses are subject to variation and no liability is accepted for this.
3.3.1. Natural/composite stone worktops standard thickness is 30mm (+/- 2mm)
3.3.2. Natural/composite stone splash-backs standard thickness is 20mm (+/- 2mm)
3.4. Natural/composite stone is by its nature a very dense and heavy material and weighs in excess of 90 kilos per square metre. We therefore will not provide lengths in excess of 3 metres due to the possibility of damage or failure. We therefore reserve the right to add joints where they deem necessary based on our industry experience and professional discretion.
3.5. Joints connecting pieces of stone are sealed using epoxy or low modular curing silicone sealant. The joints produced generally vary between more or less than 2 to 4mm in thickness, as acceptable to industry standard. Whilst we will make reasonable efforts to make the joints as even as possible, there may occasionally be a slight lip. This must be accepted as normal for natural/composite stone worktops. We will mix the sealing products for the joints to provide, what they consider, the closest matched colour to your stone.
3.6. We accept no liability for any mark, stains or discolouration on the natural/composite stone, nor any defect arising from fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions, alteration or repair of the goods. We take no responsibility for any cracks or fissures appearing after installation.
4. Stone Restoration
4.1. Initial Assessment and Access
4.1.1. Site Access and Preparation
4.1.1.1. You, or a trusted representative, must provide full, unobstructed access to the property for inspection, assessment, and execution of works.
4.1.1.2. All working areas must be cleared prior to our arrival. This includes removal of loose objects, coverings, or fixtures that may hinder our access to the affected stonework.
4.1.1.3. If scaffolding, temporary protection, or special site access equipment is required, this must be arranged prior to the commencement of works unless otherwise agreed in writing. You will be responsible for the costs associated for such arrangements.
4.1.2. Presence During Inspection
4.1.2.1. We recommend that you, or a trusted representative, be present during the initial site inspection. This allows for direct discussion of key details, including the scope of damage, intended restoration outcomes, access challenges, and aesthetic considerations.
4.1.2.2. In the absence of a representative during inspection, we will use our professional judgment and experience; however, we accept no responsibility for any misinterpretation or dissatisfaction arising from decisions made without your input.
4.2. Site Conditions and Responsibilities
4.2.1. Structural Integrity and Preparatory Works
4.2.1.1. All areas that are going to be restored must be stable, accessible, and safe to work on. Any required stabilisation or enabling works must be completed before restoration commences.
4.2.1.2. If any stonework is structurally unsound or poses a risk, the works may be delayed until the issue is resolved by a qualified professional. You will be responsible for any costs or further charges incurred as a result of associated delays or additional visits by any qualified professionals.
4.2.1.3. If a structural engineer’s report is required, this must be commissioned and paid for by you. We can assist in recommending suitably qualified professionals if needed.
4.3. Adjacent Fixtures and Fittings
4.3.1. Any fixtures, fittings, or decorative features that could be damaged during restoration must be removed or suitably protected prior to commencement of works.
4.3.2. We accept no liability for damage to fixtures, fitting, decorative features, adjacent structures, joinery, glazing, or fittings that were not disclosed or protected prior to works.
4.4. Environmental Conditions
4.4.1. The works may be weather dependent, particularly for external restoration. In the event of poor weather conditions, we reserve the right to postpone works for safety or quality assurance reasons.
4.4.2. Any delays caused by weather, site access, or incomplete preparatory work are outside of our control and may result in rescheduling and additional charges to you.
4.5. Materials and Workmanship
4.5.1. Replacement Stone
4.5.1.1. Where new stone is required to replace missing or severely damaged pieces, we will endeavour to match the existing stone as closely as reasonably possible in terms of colour, texture, and finish.
4.5.1.2. Exact matches cannot be guaranteed due to the natural variability of stone and possible discontinuation of original sources. Minor variations must be accepted as part of the restoration process.
4.6. Workmanship and Limitations
4.6.1. All work will be carried out to a professional standard using methods appropriate to the material and age of the structure.
4.6.2. Due to the historic nature of many buildings, surfaces may be uneven or misaligned. While we take every care to achieve an aesthetically consistent result, some tolerance and variation should be expected.
4.6.3. Certain imperfections, weathering, or wear marks may remain visible due to the original condition of the stone or limitations in restoration feasibility. These are not defects but inherent characteristics of aged masonry.
4.7. On-site Operations
4.7.1. Dust, Noise, and Disturbance
4.7.1.1. Restoration work may involve cutting, grinding, and cleaning, which can generate dust, noise, and general disruption. We will make reasonable efforts to minimise inconvenience and clean up after ourselves, but you should prepare the area accordingly.
4.7.1.2. You must inform us in advance of any sensitive or occupied areas to allow us to take appropriate precautions.
4.8. Utility Disconnections
4.8.1. If the works interfere with existing utilities (e.g. lighting, drainage, or access routes), you must organise for these to be disconnected or removed prior to commencement.
4.8.2. We are not qualified to carry out electrical, plumbing, or gas work. Any such services must be arranged by you separately and completed in advance of our works.
4.9. Product Considerations and Long-Term Performance
4.9.1. Material Characteristics
4.9.1.1. Natural stone is subject to variation in colour, grain, and porosity. These characteristics may differ from samples or previous installations.
4.9.1.2. We do not accept liability for natural imperfections, weathering, or the development of minor cracks that do not compromise the structural integrity of the installation.
4.10. Payment terms
4.10.1. The payment terms for any restoration work is 50% of the quote to confirm the order, and the remaining 50% will be due on completion of the work.
5. Memorials
5.1. New Memorial Headstone Services
5.1.1. Consultation and Design
5.1.1.1. We recommend that you or a trusted representative be present during the initial consultation to confirm all design details including inscription, lettering style, stone selection, dimensions, and any additional ornamentation.
5.1.1.2. All design approvals must be confirmed in writing. Any amendments made following confirmation may result in additional charges and delays to the agreed schedule.
5.1.1.3. We will provide an artwork proof of the headstone design prior to production. It is your responsibility to check and approve the proof carefully. We take no responsibility for errors once the artwork has been signed off.
5.1.2. Permits and Cemetery Regulations
5.1.2.1. We will manage the application process for the proposed memorial on your behalf, including submission to the relevant cemetery or church authorities. While we will take all reasonable steps to ensure the application is compliant, we accept no responsibility for any refusal or restrictions imposed by the cemetery or church regulations.
5.1.2.2. Any fees charged by cemetery or church authorities for permits or installation will be paid by us on your behalf and added to your final invoice. These fees will be clearly itemised in your initial quotation.
5.1.3. Installation Conditions
5.1.3.1. Memorials will be fixed in accordance with the current BRAMM (British Register of Accredited Memorial Masons) guidelines.
5.1.3.2. Installation may be delayed in the event of poor ground conditions, inclement weather, or if the grave has not settled adequately. We reserve the right to postpone fitting if we believe conditions are unsuitable for safe and proper fixing.
5.1.3.3. All memorials remain our property until full payment has been received. We reserve the right to remove the memorial in the event of non-payment.
5.1.4. Stone Variation and Characteristics
5.1.4.1. All memorial stones are subject to natural variations in colour, veining, texture and mineral composition. These variations are inherent in the material and no claims can be accepted for differences in appearance from samples or photographs.
5.1.4.2. We will make every reasonable effort to match stones on multi-part memorials, but an exact match is not guaranteed.
5.1.5. Liability and Aftercare
5.1.5.1. We accept no responsibility for damage to memorials caused by subsidence, vandalism, tree roots, or external impact outside of our control after installation. You may wish to consider memorial insurance to cover such risks.
5.1.5.2. We recommend that you do not attempt to clean or move the memorial yourself, as this may cause damage and void any guarantee.
5.1.5.3. Aftercare and maintenance advice will be provided to you on completion. We offer professional cleaning and re-lettering services at an additional cost should these be required at a later date.
5.2. Memorial Cleaning and Restoration Services
5.2.1. Assessment and Quotation
5.2.1.1. All cleaning and restoration works are subject to an initial site inspection. A detailed quotation will be provided following the assessment and must be agreed in writing before works commence.
5.2.1.2. Where access to the memorial is restricted or unsafe due to overgrown vegetation, unsafe ground, or other obstructions, we reserve the right to delay works or charge an additional fee for clearance.
5.2.2. Cleaning Methods and Materials
5.2.2.1. All cleaning is carried out using techniques and materials suitable for the type and condition of the stone. We follow best practice in accordance with guidance issued by BRAMM (British Register of Accredited Memorial Masons) guidelines.
5.2.2.2. Whilst we take care to preserve the integrity of the memorial, the nature of some older stones means that minor flaking, colour change or surface wear may occur during cleaning. We do not accept any liability for instances of this occurring.
5.2.3. Repairs and Re-lettering
5.2.3.1. Any structural repairs (e.g. re-fixing, joint work or resetting) will be carried out in accordance with BRAMM (British Register of Accredited Memorial Masons) Code of Working Practice.
5.2.3.2. Re-lettering or repainting of inscriptions will be matched as closely as possible to the original style, but perfect replication may not be possible due to weathering, erosion or changes in stone colour.
5.2.3.3. Where gilding or colour is requested, we will use the appropriate long-lasting materials; however, no guarantee is given for the duration of colour finishes, as these are subject to weather exposure and outside of our control.
5.2.4. Limitations and Liability
5.2.4.1. We do not accept responsibility for any pre-existing damage, defects, or instability present in the memorial prior to cleaning or restoration. These will be noted and communicated to you during the assessment.
5.2.4.2. Should unforeseen deterioration or structural issues arise during the works, we will halt progress and advise you accordingly. If any further work is necessary, we will require your approval and a new quote will be provided to you.
5.2.4.3. We will use our reasonable endeavours to restore the memorial but you agree that the restoration works may not return the memorial to its original appearance due to age, material limitations and historical weathering. We will use our reasonable endeavours to restore the memorial but you agree that
5.2.5. Payment terms
5.2.5.1. The payment terms for any memorial related work is 50% of the quote to confirm the order, and the remaining 50% will be due on completion of the work
5.2.6. Access and Safety
5.2.6.1. You or a representative are not required to be present during the cleaning or restoration process, but access to the memorial must be unobstructed.
5.2.6.2. We will take all reasonable steps to protect surrounding graves and memorials during cleaning and restoration, but accept no liability for damage caused by third-party interference, site hazards beyond our control or any accidental damage caused by us.
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