1. Definitions
Under the terms and conditions of sale set out below:

a) “The Company” refers to “Total Discount Worktops”
b) ‘The Buyer” refers to any corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods are sold to by the Company.
c) “Goods” refers to products or services supplied by the Company in accordance with this contract.
d) "Supplier" refers to the supplier of the source material to the Company.

2. General
All orders and the quotations they have been derived from are deemed to incorporate these terms and conditions.

No variation, modification, or substitution for these terms and conditions shall be binding unless accepted by the Company in writing.

Once order is placed by the buyer the terms and conditions of this contract are in place and are to be adhered to.

3. Terms of Quotation
All quotations offered to the Buyer by the Company shall remain open for a period of 30 days from date printed on said quotation. The company reserve the right to withdraw a quotation where the period exceeds 30 days or where the Suppliers terms prevent the Company being able to honour a quotation. The quotation is not a binding contract or a right to order it is a guide. All prices will be finalised after template.

4. Confirmation of Orders & Cancellations
Once an order has been placed by the Buyer a cancellation can only take place when agreed in writing by the Company. If the can cancellation is place after the material is ordered and been delivered to the factory the buyer is responsible to pay the restocking fee for the corian and all other items ordered. The £150.00 template fee is non-refundable.

Once the template has been completed and authorised for manufacture by the Buyer and funds have cleared to instigate manufacture no cancellation can take place unless agreed in writing by the Company. This must be at a point prior to the start of manufacture.

The Company reserves the right to recover reasonable costs to the point of cancellation (if agreed by the Company).

5. Returned Goods
Due to the nature of Bespoke orders no goods may be returned except under exceptional circumstances where the Company will agree in writing.

6. Warranty
All Goods are tested and examined before supply to the Buyer.

All Goods supplied to the Buyer by the Company shall carry a warranty period of 12 months providing the Goods have been used for the purpose for which the Goods were designed.

Granite and stone worktops do sometimes incur slight variations with regard to thickness and a 2mm tolerance either side of the ordered thickness of the worktop has to be tolerated by the buyer.

The Company will repair or at their option replace goods in which defects under proper use and installation appear within a period of one calendar month after installation and which arise solely from faulty design, materials or workmanship other than design or materials made or specified by the Buyer, provided always that acceptable proof is rendered as to the date of purchase.

The provisions of the Sale of Goods Act 1979 shall apply to this contract but this guarantee is given in lieu of all warranties or conditions and liabilities whatsoever implied by law, statute or otherwise, and in particular, without prejudice to the generality of the foregoing, the Company shall not be liable for loss of profit or goodwill of the Buyer or any other person arising, directly or indirectly, from any breach of this contract or for any other indirect or consequential damage whatsoever save as provided in this clause neither the Company nor it's servants and agents shall be under any liability whether in contract tort or otherwise howsoever, in respect of the goods or for any injury, damage or loss whatsoever and howsoever resulting there from or from any work done in connection therewith.

7. Prices
All prices are subject to change and may be withdrawn by the Company at any time. All prices supplied on a quotation are a guide price only and not a right to order, once the customer measurements have been checked and a template made the order price will be fixed - this may require a small price adjustment from the quote dependent on measurements or a change to price of the source material.

All prices quoted are net prices, exclusive of VAT unless otherwise stated.

8. Fulfilment of Order
The Company may cancel an order should source materials be discontinued by the Supplier or where supply is unpredictable. In such cases the Buyer will be given the option of transferring to an alternative surface where the cost will be re-calculated or a refund of the templating charge (£150.00).

The Company shall not be held liable for failure to fulfil an order under these circumstances.

9. Delivery
Unless otherwise agreed by the Company delivery shall take place kerbside at the address supplied by the Buyer. If by reason of the Buyer’s default the goods are not taken up or delivered by the date specified in the contract, the Company may either treat the contract as repudiated or alternatively store the goods at the Buyer’s risk and expense.

The Delivery date quoted to the Buyer when placing an order is an estimate base on the dates quoted to the Company for source materials by the Supplier. The Company shall advise the Buyer of changes to this date as known as time is not the essence of the contract.

The Company accepts no liability for any loss, injury, damage or expenses as a result of or consequent to any delay in delivery of goods. Delay due to circumstances outside the control of the Company shall not entitle the customer to cancel any order or refuse to accept delivery. Offers for delivery from stock are made subject to goods remaining unsold on receipt of order.

All deliveries are Mon to Fri 8am - 6pm unless otherwise stated by the Company. Premium deliveries on Saturdays may be negotiated by special arrangement and cost to the Buyer.

Access and exit by artic vehicle may be required it is therefore the responsibility of the Buyer to inform the company should this not be possible due to inadequate turning, vehicle weight, width or height restriction. Delivery vehicle parking must be within close and safe proximity to the delivery address. The Buyer shall indemnify the Company against all claims for damages and liability whatsoever arising out of compliance by the Company with the Buyers delivery instructions. Failed deliveries are rechargeable at the full rate.

10. Unloading and Receiving Of Goods
It is the Buyer responsibility to ensure a minimum two able-bodied helpers to assist the Company with delivery. It is the Drivers responsibility to assist the Buyer with the delivery to a safe, reasonable kerbside position and not into the Buyers premises. Any exception to this term will be agreed by the Company in writing prior to delivery.

Failed deliveries due to non-compliance of the above will result in a re-scheduled delivery which will be chargeable to the Buyer.

11. Property in the Goods
All goods remain the property of the Company until all monies due under the contract have been paid in full. Should full payment not be received in a period of 7 days post installation and where no communication has been received from the Buyer , the Company will make every effort to contact the Buyer to resolve. Should this fail the Company reserves the right to instigate legal action to recover monies outstanding plus interest.

No claim may be made against the goods by any other party until the Company has been paid in full.

12. Risk
Once the goods have been delivered kerbside risk shall pass to the buyer. Damages during delivery from this point are the responsibility of the Buyer.

Should the Buyer appoint an Agent to collect goods then the risk will pass to the Buyer/Agent at the point of loading. Damages during delivery from this point are the responsibility of the Buyer/Agent.

13. Payment
Once an order has been placed by the Buyer and accepted by the Company the following payment structure shall apply:

10% of the price of the worktops shall be paid on order this is a non-refundable payment to instigate a template of the Buyers requirements. Following template the order will be re-calculated, any variation of details may result in variation of price.

A second payment must be made buy the buyer prior to manufacture. This payment is calculated based on the cost of source material this is calculated at 75% of the order. In the case of cheques and transfers manufacture will take place once the payment progresses to clear funds.

Once manufacture, delivery and installation has taken place the balance of the order is payable by the Buyer to the Company in a period not exceeding 7 days. Should the balance be outstanding greater than 7 days post installation the Company reserve the right to charge interest on outstanding monies at 5% above the bank base rate until payment received in full. Until payment received in full all goods remain the property of the Company. See 11.

14. Shortage or Damages
Shortages and damages must be brought to the Companies notice the same day and confirmed in writing within 3 working days.

All delivery notes must be signed by the buyer, should there be a shortage or damage this must be recorded on the delivery note.

No delivery note may be signed as 'unchecked' or 'unexamined' by the buyer. In such circumstances the Company will record the delivery as in full and damage free.

Communications
All communications shall be in writing, all telephone calls of dispute must be backed in writing within 5 working days.
Writing methods accepted by the Company are:
Email or Fax - the date of transmission will be the date the Company will record the communication.
By hand - a dated receipt will be issued by the Company to record the communication.
First Class Mail - the date the communication will be recorded will be two days after the post franking date. It is in Buyers interest to consider registered or recorded post.

Data Protection
Any Customer data or information obtained by the Company and recorded for business purposes will be protected and will not be supplied to another company or individual under any circumstances