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Terms and Conditions of Sale
1. General
In these conditions of sale:
The company means Samuel Kirk BM Ltd.
The customer means any person contracting with the company for the supply of products or services.
Delivery means delivery by the company or any Haulier employed by the company directly or indirectly.
These conditions may only be modified by a variation in writing signed on behalf of the company by a director.
2. Supply of Products
Products are sold under the express understanding that:
The customer and the company are contracting in the course of their respective business and except as stated in writing by the company no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company. .
The customer understands that bark is measured when packed and due to the nature of the product a degree of settlement will occur.
The company require any complaint to be made in writing by the customer within 48 hours of collection or delivery.
If the customer finds a defect with their purchased product(s) then this must be reported immediately and the product(s) must be returned to the company within 5 working days after the complaint has been logged. A refund will then be made for the original purchase price once the product has been examined.
All prices quoted by the company for the sale of products online include the cost of delivery to the postcode entered by the customer on the home page or on the individual product pages.
Customers are required to pay by credit or debit card or Paypal at the time of ordering.
Prices quoted are all inclusive of VAT and delivery within four working days unless stated otherwise.
All items (however delivered) shall be at the customers risk from the time of collection (if so collected) or from the time of delivery.
After such time the company shall be under no liability for loss, damage or deterioration of items from whatever cause arising.
3. Delivery
Deliveries are normally made Monday to Thursday between 8am and 5pm and Friday 8am and 4pm. Additional costs options are available for 24-hour, timed deliveries and Saturday delivery.
If you report a defect in terms of these Conditions and return the product to the company within the required timescale we will happily provide a FULL refund. All return costs will be at the purchasers expense.
All prices quoted on the Samuel Kirk BM Ltd website are inclusive of UK VAT.
It is recommended that an able bodied person has to be at home to receive deliveries and help offload the lorry if necessary, however if this is not possible the point of delivery required must be clearly marked. If the point marked for delivery is unsuitable and no-one is on site, delivery will be made to the closest suitable point.
The company will make every effort to deliver products ordered within the agreed timescale, but, if for any reason the company is unable to deliver then no liability will fall to the company; whether in damages or otherwise, for delay of whole or any part of the goods ordered arising from any cause whatsoever.
Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company’s vehicles to the place of delivery.
The company will not accept any liability for damages to property caused during delivery.
The customer understands that where able, our delivery driver will try and place products ordered on the customer's driveway and therefore agrees that their driveway is capable of withstanding the weight of the lorry. If not, the customer agrees to accept responsibility to provide a suitable area free from access restrictions for the delivery to be left.
The customer also understands that the company can only guarantee a kerbside delivery and that ultimately they are happy for goods to be left kerbside, should the driver encounter any problems offloading onto a driveway or other specified area.
If the company or its agent cannot gain access to the delivery address then additional costs may be incurred and shall ultimately fall to the customer.
Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail.
In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. This above action must be completed before 2.00 pm on the day prior to delivery. E-mail confirmation of orders also request the customer to contact the company if a delivery problem may occur.
Our delivery vehicles use crane grab offloading (for bulk bags or small bags) or tipping mechanism (in the case of loose loads).
It must be emphasized that the delivery vehicle must be able to park in an area where the delivery is to be made.
It is your responsibility in some areas of the UK to obtain a permit from your local council to have bulk bags left on the kerbside.
The customer, or somebody appointed by the customer, should be at the delivery point to accept the delivery.
If a certain method of delivery vehicle is required it is the customer’s responsibility to inform the company of these special requirements within 2 hours of the order being made.
The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances.
If products are out of stock then the company also reserve the right to cancel or hold orders in this situation.
4. Company’s Premises
The customer will at all times be responsible for the security and insurance of the products after a delivery has been made.
The customer will comply with all requirements of Health & Safety Legislation
Delivery will be made on a kerb side delivery basis and it will be the customer’s responsibility to move the products from the place of delivery to the area of laying. Where possible we will deliver onto the customers property, i.e. driveway
The company accepts no responsibility for injury or damage caused to persons or equipment whilst on company premises.
5. Cancellation
If you cancel a bulk order (deliveries made loose, by tipper vehicle) after the delivery vehicle has left the premises on route to your delivery point; a refund will be credited less the haulage charges which will have already occurred. This amount will differ depending on the size of load which has been ordered and depending on the distance the vehicle has travelled.
If you wish to cancel a bulk order (deliveries made loose, by tipper vehicle) after the delivery has already been made it will be your own responsibility to return the goods to Samuel Kirk BM Ltd.
If you cancel your order within 14 working days of delivery, you will be issued a full refund once the goods have been returned to the company, at your cost, as per the Distance Selling Regulations.
6. Samuel Kirk BM Ltd and Customer Agreement
I, the customer agree that I have read and fully understand all the terms and conditions above, I understand that once I click on the order button I will be liable for any delivery charges incurred if I then cancel the order, as well as any costs for redelivery of the goods to Samuel Kirk BM Ltd.
I have viewed the pictures of the products I have ordered and understand the quantity which will be delivered.
I also understand that all products that Samuel Kirk BM Ltd supplies are naturally occurring products and may have slight variations in colour, size and content, individual rocks, stones or cobbles may be broken or misshaped because of this I understand that sizes of products specified are approximate and can vary.
I understand that the delivery will be made by way of a 7.5 tonne vehicle or larger to my kerbside or where access allows my driveway and understand it is up to me to transport goods thereafter. I confirm there is enough room for access. I also understand that if there is any possibility of there not being access (in the delivery driver’s view) I may be liable for a redelivery charge.
I understand that most deliveries are stacked on pallets and it is my responsibility to dispose of the pallet safely.
I understand that the tonne bags are non returnable and for health and safety reasons can only be used once.
I acknowledge that if the delivery doesn’t arrive on time I have no claim against Samuel Kirk BM Ltd.
These conditions and any contract or variation are governed by law. Any disputes arising from these conditions or any contract or variation entered into by the company with the customer which cannot be settled in the ordinary course of business shall be referred to a single arbiter in accordance with the arbitration (Northern Ireland) Act 1894 or any modification thereof for the time being in force.