Conditions of Use

Terms and Conditions

TRADING NAME “GMI”


All Orders are placed with Granite and Marble International Limited, which, registered in England No 2728110 VAT Registration No GB 607968501 Registered office: Westminster House, 35 Pensbury Place, London SW8 4TR. (“GMI”,"Company", "We" or "Us").


APPLICATION OF THESE TERMS AND CONDITIONS


These Terms and Conditions (‘Terms’) will apply to all sales of Products made by GMI (‘us’ or ‘we’) to our retail and trade customers (‘you’). The following Terms and Conditions apply to and are incorporated into all transactions and shall prevail over any other terms and conditions which You seek to impose via any communications between You and Us. All orders are made subject to your acceptance of these Terms and Conditions and Your acceptance of delivery of any Order constitutes unqualified acceptance of these Terms and Conditions. Please read them carefully before placing Your Order as Your Order will be accepted strictly on the understanding that You accept these conditions of sale. Nothing in these Terms and Conditions shall affect Your statutory rights.

 

Prices

  • Prices quoted in GBP Sterling excluding VAT with a validity for 30 days.

  • Prices quoted are net of MCD or any other discounts unless specifically stated.

  • For supply only sales, prices are quoted ex-factory SW8 unless delivery is specifically stated and charged.

  • The Company reserves the right to revise prices after 30 days without notice. Any prices quoted before 30 days do not constitute an offer until the Company has accepted Your Order

  •  

Delivery:

  • Orders may be delivered as a whole or in parts subject to the availability of the stone and method of delivery.

  • For supply and fix projects delivery, off-loading and distribution up to first floor are included provided good wide access is available. Vertical distribution is by Main Contractor. In the event we required to manually distribute the stone then a separated charge will be applied.

  • The client must inform us at time of inquiry of any access restriction to allow us to plan together the best solution. Abortive journeys are chargeable.

  • We will endeavour to deliver as close to the quoted time/date as possible but these times must be considered as approximate.

  • We will not be responsible for the sequencing of our delivery and its effect on other trades or activities.


FORCE MAJEURE

  • The Company shall not be liable for any delay in delivery or suspension or cancellation of performance hereunder due to any causes beyond its control, including but not limited to, acts of God or government, delays in production or shipping and delays caused by strikes or accidents. In the event of such delay, GMI’s time for delivery or other performance shall be extended for a period to accommodate any such delay.


Risk

  • The Goods are at your risk from the time of a) When the goods are loaded at our premises ( when sold ex- works); or b) When the goods are unloaded at the address specified by you ( when delivery is included)


INSPECTION UPON DELIVERY

  • Immediately upon delivery, please inspect your tiles for accuracy of materials ordered, including quality, colour and quantity. In the unlikely event that tiles may have been damaged during shipment, a freight claim must be filed with the delivering carrier within five (5) days of receipt of material. Any damage that is visible upon delivery must be noted on the freight carrier delivery receipt. All claims must be presented in writing to the delivering carrier with a copy to GMI.

  • The customer or customer’s representative should inspect the tile before installation. Alteration or Installation signifies acceptance and no adjustments can be made once material has been installed. Material should be installed by pulling from all pallets or cartons to insure optimal blending of shade variation.


Payment terms

  • Payment may be made by Bank transfer or Debit card at no extra charge. MasterCard and Visa will be subject to handling charge. The Company is totally committed to respecting the privacy of its customers and any data provided will only be used in accordance with their wishes. Unless the Company is negligent, it will not be liable to You for any losses caused as a result of unauthorised access to the personal and transactional information You provide when placing an Order.

  • In the event that our payment terms are not met, the Company reserves the right to suspend future deliveries; charge interest at the rate set under the Late Payment of Commercial Debts (Interest) Act 1998; calculated on a daily compound basis from the date of our invoice until payment; Credit accounts will be suspended.

  • If delivery or installation of goods is delayed by you or a third party the full amount of the order will still become due on the original proposed date.

  • You do not have the right to set off any money claim from us against anything you may owe us.


Title

  • The title of all goods supplied or installed by the company will only pass once the commercial invoice is settled in full. Therefore all products and goods supplied by us remain our property until title can pass to buyer and therefore the buyer will be liable for the goods while in his possession.

  • Despite our retention of the title to the goods, we have the right to take legal proceedings to recover the price of goods supplied should you not pay us by the due date.


Warranties

  • Sample imagery and descriptions may vary from the actual product though The Company has made best efforts to ensure the accuracy of information presented in the website.

  • Availability of requested samples cannot be guaranteed. The Company will inform you if requested samples are not available. Delivery methods and timescales will be determined by The Company at the time of receipt of the request for samples.


We warrant that the goods:

  • Comply with their general description and the narrative on our acknowledgement of our order form; and

  • Are free from unnatural or unusual material defect at the time of delivery

  • We give no other warranty (and exclude any warranty, term or condition that would otherwise be implied) as to the quality of the goods or their fitness for any purpose.


Liabilities

  • The Company shall in no circumstances be under any liability for:

  • (a) losses that were not foreseeable to both parties when the contract was formed; or

  • (b) losses that were not caused by any breach on the part of the Company; or

  • (c) for the business losses, and/or losses to non-consumers or any third party arising out of or in connection with the sale, supply or operation of goods under these Terms, save as may be expressly imposed by statute (Without prejudice to the foregoing the Company's liability for any loss or damage caused to You shall be limited to the invoice value of the goods).

  • We are not liable for any loss or damage arising from the contract or the supply of goods or their use, regardless of negligence, for eg; Direct financial loss, loss of profits or loss of use; and Indirect or consequential loss

  • Our liability for damage to property caused by our negligence is limited to two million pounds.

  • For all other liabilities not referred to elsewhere in these terms our liability is limited in damages to the price of the goods.

  • Nothing in these Terms and Conditions shall operate to exclude or restrict the Company's liability for: death or personal injury resulting from negligence; breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or fraud or deceit. This does not affect your statutory rights.


Specification

  • For goods in accordance with your specifications or instructions it is your responsibility to ensure that the specifications or instructions are precise and accurate and the selected materials are fit for the purpose for which you intend to use them

  • We reserve the right to make without notice any minor modifications in our specifications we think necessary or desirable.

  • Variations in facial dimensions and thickness will be allowed as per industry standards. No Warranties are made against crazing, scratching or wear due to: improper installation; including improper alteration of the surface with sealers or grout, falling objects, misuse, abuse, exposure to extreme temperatures, using improper chemicals or compounds, non-foot traffic wear or other similar incidents.


Return of goods

  • Stone is prepared on an order by order bases and is sourced in batches, we therefore do not accept the return of any goods, unless they are incorrect or faulty or a provision is agreed at time of sale

  • We hope you are fully satisfied with your GMI product(s) however in the unlikely event that the product(s) incorrect or faulty please contact us within 7 days of receipt of the goods on 020 7498 2742 to inform us of your intentions. We ask that you take reasonable care of the product(s) while they are in your possession and that, wherever possible, you return the goods either in or with the original packaging. Following your notification of your intent to return product(s) we will make contact with you to make arrangements for the return of the item(s). If the goods are not returned you as arranged it may be necessary for us to charge you the direct costs of recovery.


General

  • We reserve the right to sub contract the performance of the Contract in whole or part.

  • Not withstanding your statutory rights which are not affected, whilst The Company makes every effort to supply Goods strictly in accordance with the quality or specification ordered by you, The Company shall be under no liability in respect of natural geological variations, natural formation characteristics, colour and marking variations; any defect in the Goods directly arising from any drawing, design or specification supplied or accepted by you; any defect arising from fair wear and tear, wilful damage, your negligence, abnormal working condition, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.


Health & Safety

  • In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987 the Company confirms that the goods it supplies do not present a hazard to health and safety when used properly in accordance with the manufacturer’s instructions for the purpose for which they are designed and when You take reasonable and normal precautions in their use. Please ensure all relevant British Standards are used when handling or installing product including BS5385.


General

  • Any notices given under these Terms and Conditions shall be in writing and sent (a) by first class pre-paid post and in respect of You to the last known address notified by You; and in respect of Us the address stated at Condition 2 or by email to Us at. The notice shall be deemed served (a) two working days after posting or (b) upon receipt of a successful email receipt. The Company reserves the right to change or amend these Terms and Conditions at any time and without prior notice.


Law & Jurisdiction

  • These Terms and Conditions shall be governed and construed in all aspects in respect of the laws of England and shall be subject only to the jurisdiction of the English courts.


CONSUMER PROTECTION:

  • Nothing contained in these terms and conditions of sales shall operate to excuse any warranty or condition implied by the UNFAIR CONTRACT TERMS ACT 1977 in event of the customer dealing as a “CONSUMER” as defined by section 12 of that act.


Back