Terms & Conditions
1.1“Granite Workshop” shall mean Granite Workshop Limited, or any agents or employees thereof.
1.2“Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Granite Workshop.
1.3“Goods” shall mean:
1.3.1 all Goods of the general description specified on the front of this agreement and supplied by Granite Workshop to the Customer; and
1.3.2 all Goods supplied by Granite Workshop to the Customer; and
1.3.3 all inventory of the Customer that is supplied by Granite Workshop; and
1.3.4 all Goods supplied by Granite Workshop and further identified in any invoice issued by Granite Workshop to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Goods that are marked as having been supplied by Granite Workshop or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Granite Workshop; and
1.3.6 all of the Customer’s present and after-acquired Goods that Granite Workshop has performed work on or to or in which goods or materials supplied or financed by Granite Workshop have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4“Goods and Services” shall mean all goods, products, services and advice provided by Granite Workshop to the Customer and shall include without limitation the design, manufacture, repair, installation, trimming and shaping of granite products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Granite Workshop to the Customer.
1.5“Price” shall mean the cost of the Goods and Services as agreed between Granite Workshop and the Customer and includes all disbursements eg charges Granite Workshop pay to others on the Customer's behalf subject to clause 4 of this contract.
2.1Any instructions received by Granite Workshop from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3.3Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Granite Workshop at the time of the contract.
4.2The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Granite Workshop between the date of the contract and delivery of the Goods and Services.
5.1Payment for Goods and Services shall be made as follows:
5.1.1. For commercial Customers in full on or before the 20th day of the month following the date of the invoice (“the due date”);
5.1.2. For domestic Customers in full on or before the 7th day following the date of the invoice (“the due date”).
5.2Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3Any expenses, disbursements and legal costs incurred by Granite Workshop in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5A deposit may be required.
6.1Where a quotation is given by Granite Workshop for Goods and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for sixty (60) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Granite Workshop reserve the right to alter the quotation because of circumstances beyond its control.
6.2Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and Services.
7.1The Goods and Services remain at Granite Workshop’s risk until delivery to the Customer.
7.2Delivery of Goods and Services shall be deemed complete when Granite Workshop gives possession of the Goods and Services directly to the Customer or possession of the Goods and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
8.TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1Title in any Goods and Services supplied by Granite Workshop passes to the Customer only when the Customer has made payment in full for all Goods and Services provided by Granite Workshop and of all other sums due to Granite Workshop by the Customer on any account whatsoever. Until all sums due to Granite Workshop by the Customer have been paid in full, Granite Workshop has a security interest in all Goods and Services.
8.2If the Goods and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods and Services shall remain with Granite Workshop until the Customer has made payment for all Goods and Services, and where those Goods and Services are mixed with other property so as to be part of or a constituent of any new Goods and Services, title to these new Goods and Services shall deemed to be assigned to Granite Workshop as security for the full satisfaction by the Customer of the full amount owing between Granite Workshop and Customer.
8.3The Customer gives irrevocable authority to Granite Workshop to enter any premises occupied by the Customer or on which Goods and Services are situated at any reasonable time after default by the Customer or before default if Granite Workshop believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. Granite Workshop shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Granite Workshop may either resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as Granite Workshop reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.5The following shall constitute defaults by the Customer:
8.5.1 Non payment of any sum by the due date.
8.5.2 The Customer intimates that it will not pay any sum by the due date.
8.5.3 Any Goods and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods and Services.
8.5.4 Any Goods and Services in the possession of the Customer are materially damaged while any sum due from the Customer to Granite Workshop remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of the Customer’s assets.
8.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
9.1The Customer gives Granite Workshop a security interest in all of the Customer’s present and after-acquired property that Granite Workshop has performed services on or to or in which goods or materials supplied or financed by Granite Workshop have been attached or incorporated.
10.1 The Customer agrees that Granite Workshop may exercise a general lien against any Goods and Services or property belonging to the Customer that is in the possession of Granite Workshop for all sums outstanding under this contract and any other contract to which the Customer and Granite Workshop are parties.
10.2 If the lien is not satisfied within seven (7) days of the due date Granite Workshop may, having given notice of the lien at its option either:
10.2.1 Remove such Goods and Services and store them in such a place and in such a manner as Granite Workshop shall think fit and proper and at the risk and expense of the Customer; or
10.2.2 Sell such Goods and Services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
11.1 No claim relating to Goods and Services will be considered unless made within seven (7) days of delivery.
12.2 Except as otherwise provided by clause 12.1 Granite Workshop shall not be liable for:
12.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods and Services by Granite Workshop to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Granite Workshop to the Customer; and
12.2.2 The Customer shall indemnify Granite Workshop against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Granite Workshop or otherwise, brought by any person in connection with any matter, act, omission, or error by Granite Workshop its agents or employees in connection with the Goods and Services.
13.1 Manufacturer’s warranty applies where applicable.
14.1 As natural stone can vary in texture and colour it is recommended that the Customer inspects the slab before cutting. If a Customer chooses not to see the slab, then Granite Workshop reserves the right to choose the slab.
14.2 As natural stones are very absorbent and can, despite a sealer, still change colour when in contact with oil, lemon juice or any other liquid, Granite Workshop are not responsible or liable for any stains, marks or scratches appearing on the surface of the stone after installation.
14.3 Granite Workshop reserves the right to change the position of the joints without notice.
15. COPYRIGHT AND INTELLECTUAL PROPERTY
15.1 Granite Workshop, owns and has copyright in all work, designs, drawings, specifications and software produced by Granite Workshop in connection with the Goods and Services provided pursuant to this contract and the client may use the Goods and Services only if paid for in full and for the purpose for which they were intended and supplied by Granite Workshop.
16.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Granite Workshop for the purposes of a business in terms of section 2 and 43 of that Act.
17.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Granite Workshop agreeing to supply Goods and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Granite Workshop the payment of any and all monies now or hereafter owed by the Customer to Granite Workshop and indemnify Granite Workshop against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
18.1 Granite Workshop shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
18.2 Failure by Granite Workshop to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Granite Workshop has under this contract.
18.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.