The following terms and conditions are valid, unless expressly agreed in written form with The Stokehole Stone Stoves , for all the present and future purchases. The divergent terms or oral agreements are valid only when confirmed by The Stokehole Stone Stoves in writing. No right can be derived from printing or other errors. All the weight, size, color, price, service and similar specification information stated in catalogues, leaflets, newsletters, advertisements, images and price lists are approximations and only binding for The Stokehole Stone Stoves.
they constitute, in writing, purchase conditions of an ordering transaction. The Stokehole Stone Stoves terms and conditions are valid also when the buyers name their own divergent terms, which are not expressly discounted by The Stokehole Stone Stoves . Orders are only binding to The Stokehole Stone Stoves by confirmation in writing; The Stokehole Stone Stoves is even in case of the order acceptance allowed to withdraw from the delivery contract in case of serious doubt that the buyer might not fulfill their contractual obligations.
Quotations are subject to price change by manufacturers and to changes in VAT rates. Unless otherwise agreed, charged are the prices valid on the delivery day. The statutory value added tax shall be indicated separately. Quotations are non-binding and are there solely to inform.
All the sales prices quoted by The Stokehole Stone Stoves are fixed and ex work.
When in case of unforeseen or unexpected circumstances additional work has to be carried out in order to carry out commissioned work, this extra work and materials will be charged and invoiced for separately.
If by request from buyer changes in delivery term, circumstances and/or place are required or when buyer has submitted false or wrong information, the seller has the right to increase the price and calculate additional costs due to incorrect information.
If before delivery date VAT changes occur, the total price will change accordingly.
The Stokehole Stone Stoves shall be entitled to invoice the customer for the price on (or anytime after) delivery of goods or completion of services, as the case may be. The whole price shall be paid on delivery or completion unless otherwise agreed in writing by The Stokehole Stone Stoves , in which case payment shall be made within 30 days of invoice date in full (without deduction or set off) to the address for payment specified by the The Stokehole Stone Stoves .
In special cases, The Stokehole Stone Stoves reserves the right to demand advance payment adequate to the extent of the order. Cheques and bills of exchange are accepted only in lieu of payment. All the cost, fees, interests and charges connected to the redemption and discounting of all the securities debit to the buyer. The Stokehole Stone Stoves is entitled to refuse the acceptance of bills of exchange and cheques without giving reasons.
Delay in payment:
If the customer fails to make payment on the due dates then, without prejudice to any other right or remedy available to the company, the Stokehole Stone Stoves shall be entitled to cancel the contract or suspend any further deliveries/services to the customer and to charge the customer interest (either before and/or after any judgement) on the amount unpaid at 2 % above the base rate charged by the companies bankers per annum until payment is made in full. The Stokehole Stone Stoves shall be entitled to charge with an amount equal to all costs and expenses (whether incurred pursuant to the issue of legal proceedings or not) incurred by the company in any way connected with the collection of monies from the customer which have not been paid when due, on being so informed by the company of such amount. Were discounts are given by the company (and noted as such on the invoice), such discount is given on the basis that the price shall be paid in full in accordance with these terms & conditions and in the event of failure by the customer to do so, the company reserves the right to debit back against the customer the amount of any discount so given.
Warranty claims are to be made immediately after their discovery, but within the warranty period set by the specific manufacturer. All further damage claims, especially compensation for indirect damage, are generally excluded. The Stokehole Stone Stoves can not be held responsible for non-fundamental differences concerning construction, measurements, weight, color, design or other elements of quality, quantity or model, that does not adversely affects the customer and cannot be qualified as non-conformation. Visible flaws to products detected by the customer have to be reported in registered writing to The Stokehole Stone Stoves within 8 days from delivery/construction. In no circumstances is the customer allowed to return any goods without prior consent from The Stokehole Stone Stoves . All other defects or shortcomings within the warranty period have to be reported in registered writing to The Stokehole Stone Stoves within 8 days of detection.
Quality of materials:
Samples of natural stone as shown or as seen on existing models only act as an example of possible choice of the different stone materials available. These samples and models only act as a guideline in the sense that no absolute resemblance can be guaranteed. Differences concerning granulation, color, natural properties as wormholes, knots, shells, geodes, strata, quartz veins, rust spots, impurities, flames etcetera cannot be used as ground for refusal or discounts. Natural stone used may be processed, reinforced, filled, ground, polished, and/or provided with hooks/staples and attachments as necessary for conformity. The Stokehole Stone Stoves is not responsible for damage caused by faulty storage, chemical reaction, sub zero temperatures, moisture or other atmospherically created circumstances and acts of war after delivery/construction. The non-professional customer constructing a The Stokehole Stone Stoves product without professional guidance from The Stokehole Stone Stoves does so at his/her own risk and may be invalidating the warrantee. In no circumstances will the warrantee be extended further than as to simply replace ordered products or broken/damaged parts as constituted in the sales contract or invoice, with the exclusion of compensation for dismantling, assembling, transport or other costs or any other form of compensation.
The buyer is not entitled to return goods properly delivered by The Stokehole Stone Stoves. The return is only possible in original packaging after The Stokehole Stone Stoves agreement and must be delivered carriage paid. Returned goods are subject to a handling charge of 10% of net value, yet not less than 12 Euro. Custom made or used materials cannot be returned.
Retention of title:
Title of all goods supplied by the company to the customer shall remain the property of the company until all sums due to the company by the customer, whether in respect of such goods or otherwise, have been paid in full to the company (without deduction or set off) and nothing in these terms and conditions shall prejudice the right of the company to payment for the price of the goods or for any claim in respect of damages, loss of profits and interest.
Despite the retention of title, the customer after delivery of goods will be responsible for theft or damage to the goods.
Terms of delivery:
The stated delivery periods are non-binding and are to be regarded as approximations. Delivery periods start after clarification of all the technical and mercantile delivery conditions. Unpredictable obstacles of any kind and cases of calamity entitle The Stokehole Stone Stoves to adequately prolong the delivery periods or to withdraw from delivery. Withdrawal from the contract on the part of the buyer is only possible in case the buyer has allowed The Stokehole Stone Stoves a reasonable period of grace without result. Claims for damages due to late, not executed or only partial deliveries outside our control are excluded.
The packaging is to the discretion of the original manufacturer or the The Stokehole Stone Stoves with all due diligence. Special requests and special packaging will be charged to the customer. Standardized transport equipment (pallets) have to be returned, otherwise The Stokehole Stone Stoves will charge the customer.
Transport and delivery are fully insured when carried out by The Stokehole Stone Stoves. Transport and delivery by third parties always takes place at the risk of the buyer. The Stokehole Stone Stoves is not liable for damaged or lost goods. All shipping regulations are observed. Any insurance requires agreement and will be charged to the customer.
The buyer is aware that the whole The Stokehole Stone Stoves accounting system is carried out with the aid of computer technology. The customer declares their expressed acceptance of storage and processing of the necessary data between The Stokehole Stone Stoves and its customers, as well as of the transmission of the data, as far as it does not concern either private or family lives of the customers, to the third parties.
The contract and these terms & conditions and the interpretation thereof shall be governed by the laws of the Republic of Ireland and the customer and the company shall be deemed to have submitted to the non-exclusive jurisdiction of the courts of the Republic of Ireland.