All orders are subject to acceptance by StoneBuild, "the Seller". Any acceptance by the Seller shall be subject to the Sellers factory schedules at the time such evidence is received.
Terms of payment are Cash, Credit, Direct or via approved 3rd party service, with order unless otherwise arranged in writing prior to acceptance of the quotation with the Seller’s credit department.
The Seller shall not be liable for failure or delay in delivery due to Acts of God, differences with workmen, local labour shortages, war, fire, flood or any other casualty, Governmental regulations or requirements, shortages or failure of raw materials, supplies, fuel, power or transportation, breakdown of equipment or any other causes beyond the Seller’s reasonable control whether of similar or dissimilar nature than those enumerated.
Prices quoted are those ruling at the date of issue of the quotation and are subject to adjustments in amounts corresponding to any change in rate of pay for labour, prices of raw materials, services, freight rates, exchange rates, insurance rates, applicable taxes and levies and consular charges whenever such rates, charges, taxes and levies are used in determining prices.
The Buyer must inspect the goods, and claims by the Buyer in relation to goods must be received in writing by the Seller within seven (7) working days after receipt of each shipment of goods. Later claims will be invalid.
Except as expressly provided to the contrary herein:
(a) all terms, conditions, warranties, undertaking, inducements or representations whether express, implied, statutory or otherwise are excluded; (b) the Seller shall not be under any liability to the Buyer in respect of any loss or damage (including consequential loss or damage) however caused, regardless of whether the Seller was advised of the possibility or likelihood of such loss or damage. (c) Where any Act of Parliament implies in these conditions of sale any term, condition or warranty and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, shall be deemed to be included. However, the total liability of the Seller and the sole and exclusive remedy of the Buyer for any breach of such term, condition or warranty shall be limited at the option of the Seller to the replacement of goods, the supply of equivalent goods the repair of such goods, the payment of the cost of replacing the goods, or acquiring equivalent goods, or the payment of the cost of having the goods repaired. 7. Any agreement for the sale of goods by the Seller shall be subject to the Seller’s standard manufacturing variations, tolerances and classifications. 8. The Seller shall be entitled to all drawbacks of duties paid on materials used in the manufacture of the goods sold herunder and the Buyer shall co-operate in obtaining same. 9. No order may be cancelled except with the consent in writing of the Seller and on terms which indemnify the Seller against all losses arising from the cancellation. 10. Failure of either party to enforce any right hereunder shall not waive any rights in respect of other or future occurrences. 11. Unless otherwise agreed in writing by the Seller, any agreement for the sale of goods by the Seller shall be subject to and incorporate these terms and conditions of sale. These terms and conditions of sale set out the whole conditions applying to the transaction and to apply to the exclusion of any inconsistent terms (to the extent permitted by law). Any terms and conditions contained in any documentation of the Buyer shall not bind the Seller unless they are expressly accepted in writing by the Seller. Performance in whole or in part of the contract by the Seller shall not be taken to incorporate any different terms in addition to or substitution for these terms and conditions.