Terms and Conditions of Sale
1 (a) No variation of these terms and conditions shall be effective without the consent in
writing of The Delabole Slate Company(hereinafter called “the Company”).
(b) Any conditions whether incorporated in a Customer’s printed order form or
otherwise, shall form part of a contract with us only in so far as they are not inconsistent
with these conditions or other express terms of such a contract.
Prices are subject to alteration without notice and the price current at the date of
delivery is the contract price unless otherwise agreed in writing by the Company.
(a) Any acceptance of the Company’s quotations must be in writing. No contract between
the Company and the Buyer shall arise unless and until the Company's written
acknowledgement of the Buyer's acceptance of the Company's quotations has been sent
to the Buyer. The Company's quotations are given without commitment and may be
withdrawn or altered at any time up to the issue of the company's acknowledgement of
the Buyer's acceptance. Unless previously withdrawn, the Company's quotation is open
for acceptance within the period stated therein, or, when no period is stated within
30 days only after its date.
(b) All quotations are based on prices applicable to quantities and details specified. In the
event of an order being placed the Company shall be entitled to adjust the price of the
goods to take account of any variation in quantities or detail from that of the quantities
and details provided on quotation.
(a) All product specifications are subject to alteration by the Company without notice.
(b) Thicknesses – All specified thicknesses of products are nominal only.
Surface variations will occur in all riven products and are due to the natural cleavage of
(c) Dimensions – All dimensions specified are subject to a normal tolerance in
accordance with the product supplied.
(a) Payment shall be due in full upon delivery to the Customer whether at the Company's
premises or elsewhere.
(b) Unless otherwise agreed in writing the following terms will apply:–
(i) net cash with order
(ii) in approved cases payment should be made within 30 days from the date of invoice.
(c) Each delivery in part execution of an order shall be deemed a complete performance
by the company of the contract in relation to the goods comprised in such delivery.
(d) In default of payment being made when due or in the event of non-acceptance of the
goods the Company may charge interest on any sums then due at the rate of four per
cent above Barclays Bank Base Rate.
(e) As an alternative to (c) above, and upon the basis that payment on the due date shall
be a fundamental term of the contract, the Company shall be entitled, upon failure by
their customer to comply therewith, to treat the contract as repudiated by the Customer.
6 All materials are quoted for and sold exquarry. Where transport is arranged by the
company for the convenience of customers, no responsibility will be accepted for delay in
delivery or for damage to goods arising in transit or during unloading.
7 Property in goods
Until payment in full has been made by the Customer of all sums owing or due to the
company on any account whatsoever, whether in respect of the purchase of the
company's goods, materials or otherwise:
(a) The property in the materials supplied by the Company whether mixed or made
accessories to other goods of the Purchaser or a third party shall remain in the Company.
(b) The customer shall keep and store materials in such a manner as to enable them to be
identified as the property of the Company.
(c) The customer shall be at liberty to sell the materials in the ordinary course of
(d) The proceeds of any such sale and the benefit of any such contract for sale shall be the
property of the Company and shall be held in trust for the Company absolutely.
(e) The Company may be written notice terminate the power of sale set out in subclause
(c) above (at any time if the customer goes or threatens to go or is in the opinion of
the company likely to go into receivership or liquidation) and:
(f) At any time after the termination of the power of sale the Company may repossess
the materials and for this purpose the customer hereby grants an irrevocable right
of license to the Company's servants to enter upon all and any of the Customer's premises
during normal business hours.
Notwithstanding the property in the materials shall not pass to the Customer as
provided in Clause 7. hereof:
(a) The risk in the materials shall pass the customer at the time of delivery to the
Customer, his agent or carrier.
(b) The Customer shall indemnify the Company against all claims, demands, loss,
damages, penalties, costs expenses and liabilities arising out of or in connection with the
Customer's possession of the materials and the Company's continued ownership of the
In the event of cancellation of an order other than an order for supply from stock or for
goods which in the normal practice of the Company are supplied from stock the full
contract price shall immediately become payable.
10 Exclusion of Liability
Unless otherwise provided in the quotation delivery of the goods shall be at the
Company's premises. The Company shall use its best endeavours to ensure that delivery
dates are kept but time for delivery shall not be of the essence to the contract.
(b) The Company shall not be liable to the Customer for non-performance of the whole
or any part of the contract which is due to shortage of labour and/or material due to
strikes, lock-outs, trade disputes, accidents, acts of God, fire, flooding, civil commotion,
national or local emergency, inclement weather or any other cause whatsoever
outside the control of the Company, or which the company could not reasonably
have been expected to foresee.
(c) The risk in the materials shall pass to the Customer at the time of delivery to the
Customer, his agent or carrier. The Customer shall indemnify the Company
against all claims, demands, loss damages, penalties, costs expenses and liabilities arising
out of or in connection with the Customer's possession of the materials and the
Company's continued ownership of the goods.
(d) Whereas customers are reminded that slate is a natural material both of extreme
hardness and brittleness and with variation in colour, no liability is accepted by the
Company for any internal or other defect whatsoever of the slate nor for any variation
in colour nor for any loss flowing therefrom where the Customer fails to bring the
attention of the Company to the same within such period after delivery as is reasonable
for inspection of the goods delivered (or, in such cases of bulk delivery where proper
inspection is impracticable within such period as is reasonable for the handling and fitting
of the slate) and all goods together with such defect or defects aforesaid shall be deemed
to be, as between the Company and the Customer as fit for the purposes or purposes
for which goods of that kind are commonly bought as it is reasonable to expect having
regard to all the circumstances.
(e) In offering any guidance to the Customer as to the use of its products or as to the
method of fixing thereof or as to its covering capacity the Company shall not be regarded
as making any representations as to the fitness of its products for any particular purpose
or as to the most suitable method of fixing thereof or as to its covering capacity. The
Customer shall be deemed to have relied on his own judgement or that of his servant or
agent in relation to such matters and if injury to persons or property shall result from the
use of the Company's products or from their inadequate fixing the Customer shall
indemnify the Company in respect of any proceedings of whatsoever nature against
the Company including where the same are framed in negligence.
(f) Without prejudice to the foregoing and in respect of slates, and translations of roofing
slates, walling stones, ornaments, powder fillers, granules, headstones, fireplaces or
other slate products which are not consumer sales within the meaning of Section 5 of the
Unfair Contract Terms Act, 1977, Section 13, 14 and 15 of the Sales of Goods Act, 1979,
are hereby excluded.
11 Value Added Tax
All quotations and offer prices are exclusive of Value Added Tax. VAT will be added to
all invoices at the rate applying at the appropriate taxpoint.
12 English Law
Every contract to which these conditions apply shall be construed and operate as an
English contract and in accordance with English Law and all disputes shall be
submitted to the jurisdiction of the English Courts.
These terms and conditions of sale supersede all others displayed previous to
the date of 1st January 2012.