Terms and Conditions | Specialist Aggregates Ltd

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Specialist Aggregates Group

These terms and conditions apply to the use of the website at www.specialistaggregates.com (this website) and associated parked domains owned by Specialist Aggregates Ltd (The Company)
By accessing the web site and/or placing an order with the Company either on-line, by fax, written communication or verbally, you agree to be bound by these terms and conditions including our separate privacy policy.

Contact Details
Contact Address:

Specialist Aggregates Ltd
Rydal House
Colton Road
Rugeley
WS15 3HF

Registered Business Number: 3833045
VAT registration number: GB 739 4661 96

General email:
sales@specialistaggregates.com
Telephone number: 01889 580660
Fax number 01889 580661

INTRODUCTION

These terms and conditions do not affect your statutory rights as a consumer.
The consumers statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).

These terms and conditions may be changed at any time and will be posted online.

Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

The essence of the contract between The Company and The Customer is to provide a product and delivery service.

PRODUCTS

Whilst every care is taken to ensure that images of products are representative, as with any natural material variations in colour and form can occur. Colour consistency can be best assured by careful estimation of quantities required and ordering sufficient to complete an entire project.

Our coloured products are colourfast and waterproof, however, as with any painted product colour fading will be experienced when subject to direct sunlight.

Whilst representatives of Specialist Aggregates may provide generic information on the suitability of products, responsibility for assuring that products are suitable for use rest solely with the purchaser. Representation of products as web or printed images does not imply suitability for use.

Product liability is limited to replacement of product only. Claims for consequential loss will not be entered into.

The user/purchaser understands that where a product is covered by patent(s) that it is forbidden to make any attempt to reverse engineer or copy the product. The user/purchaser understands that they have no right to current IP or future IP, nor does this purchase give any licensing/assignment rights of the technology to the user.

ORDERING

You are deemed to have placed an order with us by giving an instruction to supply goods or services via our online checkout process, by fax, written communication or verbally by telephone.
As part of our on-line checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once received, we will send you an order acknowledgement detailing the products you have ordered.
The order is only accepted by upon dispatch of the ordered goods and confirmed via a despatch confirmation e-mail even if your payment has been processed immediately. We will notify you by phone or e-mail if we cannot accept your order or if you cancel the order prior to dispatch.

We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions.

Weekly Offers are products at special discount prices for one week only. These offers cant be used in conjunction with any other offer. Offer price applies to web orders only.

PRICING

All prices stated include VAT at the applicable rate. Where we charge separately for shipping, the appropriate rates are set out clearly in the product description. Prices may be altered at any time without prior notice.
Should an incorrect price be displayed, Specialist Aggregates Ltd reserves the right to refuse orders as set out in Ordering From Us (above).

DELIVERY

Delivery is deemed to have taken place once the products have arrived at the address provided.
Signatures are not necessarily required as proof of delivery.
Products may be left at the recipients address without a signature except where the customer has specified that it must not be left in their absence.

Once delivered, responsibility including loss or damage to the product rests with the purchaser. Where deliveries are made to public/work premises the signature of any authorized body is deemed to be proof of delivery.

Products are quoted carriage paid to the majority of mainland Uk destinations, however, surcharges may apply for delivery to the Scottish Highlands, UK islands and Northern Ireland . ( See "Delivery" for information on delivery sur-charges) however, if delivery attracts an additional charge then we will contact you first in order to confirm that you still wish to continue with the order.

In the case of a delivery being refused, re-directed or aborted, we reserve the right to pass on costs for re-delivery, or returning the product to our depot.

It is understood by the Customer that time is not of the essence in any contract. If a delivery date is specified and agreed every effort is made to ensure products are delivered on that date, but if for any reason delivery is not achieved then no liability is accepted whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever.

Delivery shall be conditional upon access free from encumbrances and good roads being available to delivery vehicles to the place of delivery.

The Company accept no liability for damages to property caused during delivery. Should damage occur, all claims should be addressed to the delivering company.

Delivery is made on a kerb side basis and it is the customers responsibility to move the products from the place of delivery to the intended area of use. The customer is responsible for ensuring that no obstruction occurs to either the Highway or public footpaths.

Where possible delivery will be made onto the customers property, i.e. driveway or similar. Therefore in placing an order the customer agrees that the area to accept the delivery provides a safe, level hardstanding free from access restrictions and capable of withstanding the weight of product.

Written instructions regarding delivery to locations where driveways have been recently laid or re-furbished in blacktop, resin bonded systems or imprint concrete must be received within 24 hours of an order being placed. Suppliers recommendations should be followed with regard to the imposition of loads in the early life of these surfaces. The Company accepts no liability for damages to these surfaces caused during the delivery. Should damage occur, all claims should be addressed to the delivering company.

We recommend inspecting delivery boxes and contents of pallets before signing for and accepting any delivery. Should there be any shortages or damages, these must be notified to Specialist Aggregates Ltd by e-mail to sales@specialistaggregates.com within 5 days of delivery. All correspondence to include order details and supporting documents or images as appropriate.

CANCELLATION AND RETURNS POLICY

If you wish to cancel your order please e-mail your details and order reference to sales@specialistaggregates.com or call 01889 580660. Any order cancellation must be made prior to product dispatch.

Customers may cancel or return their order within 7 days for an exchange or refund, however, please be aware that the return or rejection of products which we have correctly supplied is costly. When in doubt about colour and form of a product please ask for samples prior to placing an order. Our products are heavy and ordering on the basis of "if I dont like it I can return it" can be an expensive mistake.

a) Items that are special order cannot be returned.
b) Any order cancellation must be made prior to product despatch.
c) Once despatched, the return cost of the product is at the customers expense (unless faulty, or the wrong product is delivered in which case we will exchange the product as soon as possible). We can arrange for collection and you will be advised of the costs in advance.
d) Delivery is non-refundable. Where a product is to be returned delivery is charged at £78.00 inc VAT per pallet delivery/big bag or £15.40 inc VAT per single pack. Plus any additional delivery zone surcharges.
e) Collection on products wishing to be returned is charged at £78.00 inc VAT per pallet delivery/big bag or £15.40 inc VAT per single pack. Plus any additional delivery zone surcharges.

Example 1: A product on a pallet initially costing £258 wishing to be returned: This will incur charges of £78.00 for the original delivery + £78.00 for collection and return resulting in a refund of £102
Example 2: A product costing £35.95 supplied by courier and wishing to be returned. This will incur a charge of £15.40 for processing the original transaction leaving a refund of £20.45 . You may return the product at your cost by post or courier, or we will collect the product from you incuring a further cost of £15.40 and hence a residual refund of £5.15
f) Responsibility for the goods remains that of the customer until collected by Specialist Aggregates. Upon receipt of the goods the company will issue a refund within 7 days via the original payment method of the amount paid minus the above charges. This is subject to the goods and packaging being in 'as new' condition with a copy of the valid receipt/delivery note.

LICENCE

You are permitted to print and download extracts from this website for your own use on the following basis:

a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

While we endeavor to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary.
We will have no obligations with respect to such material.
We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from this Website any material:

a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
b) For which you have not obtained all necessary licences and/or approvals;
c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of that above.

LINKS TO AND FROM OTHER WEBSITES

Links to and from this website are provided solely for your convenience. If you use these links, you leave this website and hence Specialist Aggregates Ltd accepts no responsibility. We have not reviewed these third part websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the www.specialistaggregates.com logo.
(b) You do not create a frame or any other browser or border environment around this Website.
(c) You do not in any way imply that we are endorsing any products or services other than our own.
(d) You do not misrepresent your relationship with us nor present any other false information about us.
(e) You do not otherwise use any www.specialistaggregates.com trade marks displayed on this Website without our express written permission.
(f) You do not link from a website that is not owned by you.
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this link liability clause.

REGISTRATION

To register with www.specialistaggregates.com you must be over eighteen years of age. Each registration is for a single user only.
We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

DISCLAIMER

While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website.
We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
The material on this Website may be out of date, and we make no commitment to update such material.

The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

With regards to the use of products obtained via our site www.specialistaggregates.com all products should be used and operated as specified in the accordance with instructions and advice available on this website. Always ensure users of machinery are competent and using the appropriate safety/protective clothing.

Whilst many of the images of products in use are those of materials supplied by Specialist Aggregates this is not exclusively so. Descriptions are provided for reference only and not to imply endorsement by, or association with, any organisation, company or individual.

LIABILITY

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in these terms and conditions shall exclude or limit our liability for:-
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(ii) fraud;
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.

If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

MISCELLANEOUS

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Should any of these conditions be determined to be illegal, invalid or otherwise unenforceable due to the laws of any state or country in which these conditions are intended to be effective, then to the extent and within the jurisdiction which that condition is illegal, invalid or unenforceable, it shall be severed and deleted from these conditions and the remaining conditions will survive, remain in full force and effect and continue to be binding and enforceable.

E&OE

Updated July 09