1. INTERPRETATION: In these conditions: “Buyer” means the person or company who accepts a quotation of the Seller for Goods, or whose Order for Goods is accepted by the Seller. “Seller” means the firm of memorials masons named in the Order. “Goods” means the memorial described in the Order and any works (including inscriptions) to be carried out to complete such memorials. “Order” means any quotation of the Seller which is accepted by a Buyer or any Order placed by the Buyer which is accepted by the Seller. “Monument” means any stone or other material on which work has been carried out by the Seller. 2. MATERIALS: Natural quarried materials can vary in colour and texture. All Goods are sold subject to these natural variations and therefore cannot be guaranteed identical to any sample produced. All sizes are approximate and imperial measurements may be converted to metric or vice versa. 3. DETAILS: The Buyer should check the details of the Order and the wording therein of the inscription, carefully. Particular care should be taken in the spelling of names and the accuracy of dates. Any alteration should be notified to the Seller within seven days of the date of acceptance of the Order and confirmed in writing by both parties. The Seller cannot otherwise accept responsibility for any errors in an inscription on Goods which comply with the terms of an Order.
4. COMPLETION: The Seller will endeavour to deliver the Goods or, if applicable have the Goods available for collection by the Buyer within the time specified in the Order; but if completion of any works are delayed through strikes, lock-outs, accidents, non-delivery of materials to the Seller or other force majeure, a reasonable extension of time will be allowed. Time shall not be of the essence of the contract unless expressly agreed in writing by the Seller. 5. TITLE: The Title in the Goods remains vested in the Seller and shall not pass to the Buyer until the Seller has received, in cash or cleared funds, payment in full of the price for the Goods. 6. PAYMENT: A deposit as specified in the order or, if none is so specified, 50% of the Price for the Goods shall be paid by the Buyer to the Seller upon acceptance of the Order. Until payment is made of that deposit the Seller shall not be obliged to commence any work, and any date specified for completion of the Order shall be extended by the period of any delay in payment of the deposit. On completion of any engraving, but before the delivery of the Goods, the Seller may so notify the Buyer and/or submit the invoice for the Goods. The Buyer should then inspect the Goods as soon as possible and any complaint regarding the Goods must then be notified in writing to the Seller within 7 days after the date of such notification or issue of the invoice by the Seller. The balance of the price for the Goods shall be due and payable within 14 days after the date of issue of the invoice notwithstanding that delivery of the Goods may not have taken place to the intent that the Seller shall be entitled to defer fixing the memorial in the agreed place until after payment in full of the price of the Goods in cash or cleared funds. If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge interest (both before and after any judgement) on the amount unpaid at the rate of 5% from time to time until payment in full is made. 7. INDEMNITY: (i) If the Goods shall prove to be faulty in workmanship or material not in accordance with this contract within ten years of the Goods being fixed in the agreed place, the Goods (or such part thereof as applicable) shall be made good or replaced by the Seller without any expense to the Buyer, provided always that the fault is not as a result of damage caused by, or as a result of any act by, any third party. The Seller shall have no liability to the Buyer for any consequential loss to the Buyer arising out of the provision of the Goods (except in respect of death or personal injury resulting from negligence) and the total liability of the Seller for any other loss of the Buyer so arising shall be exceed the price payable by the Buyer for the Goods. (ii) In the event of a dispute, the National Association of Memorial Masons offers a free and independent Conciliation and Arbitration Service. 8. FEES AND VAT: Fees to cemetery and churchyard authorities are the responsibility of the Buyer but may be paid by the Seller and added to the invoice. Notification of such charges is given by the Seller to the Buyer in good faith. Should these charges be increased at any time prior to the date of the fixing of the Goods, the difference shall be paid by the Buyer to the Seller within 7 days of request for payment. VAT will be payable at the rate applicable at the date of invoice, or at the date of payment if this is prior to the invoice being raised, or at the date on which the goods are delivered, or made available, if this is 14 days or more prior to the invoice being raised.