Mtstones Ltd - Standard Terms and Conditions
Mtstones Ltd - Terms & conditions
These conditions of sale apply to goods supplied by Mtstones Ltd. Any quotation given by Mtstones Ltd is an invitation to the customer to place an order with Mtstones Ltd only. No contract exists between the customer and Mtstones Ltd for the sale of any goods until Mtstones Ltd has received and accepted your order and the initial deposit has cleared funds.
These terms and conditions shall apply to all trading between the Customer and us. Acceptance by us of your order is conditional upon your acceptance of the following conditions inconsistent therewith, express, implied or otherwise.
Any variations of these conditions shall only be binding if agreed by Mtstones Ltd in writing.
The price calculated by sending a kitchen plan or kitchen measurements is a very accurate guide price based on your measurements provided.
Quotations given are subject to change. The final price of the goods quoted is based upon the information provided by the customer and is subject to any changes up to and including templating.
Please note the initial quote will only change if when we come out to template, the measurements and your requirements change from kitchen plan or any other form of communication.
Mtstones Ltd will inform and discuss with customers any changes to cost that may arise before accepting any order and proceeding with any work.
Quotations given are based on the information provided by the customers and are subject to change.
The final price may change following templating if additional items are requested or if the initial information provided was not accurate. Mtstones ltd team will discuss with customers any changes to cost that may arise
Any purported enlargement, variation or exclusion thereof shall be without effect unless specifically agreed to in writing by Mtstones Ltd and the customer.
Fabrication is not an exact science and slight tolerances in both overhangs and thickness may be observed. Mtstones Ltd will endeavour to the best of their ability to keep these tolerances to a minimum, an industry standard 2 - 5mm tolerance is allowed for each measurement.
Our quote is based on the information provided and is subject to the following terms & conditions, which shall be deemed to be incorporated in every contract made pursuant to such quotation or order for the supply of goods.
3. Lead time:
We make every effort to install your worktops from 7 to 10 working days from day of templating date excluding weekends, subject to the material availability by the suppliers, provided the material has
been chosen prior to template and 30 % (or 60% on quotes over £5,000) of full payment has been made. Mtstones Ltd sales representative will discuss with you the fitting date.
We like to offer our clients choice and quality, and this sometimes means that materials take a while to source. We would not want to disappoint you by failing to meet your work schedule. We will endeavour to fulfil our agreed commitments to all our clients, however we are unable to accept any liability from any loss whatsoever due to delay in delivering/installing our product.
Templating, installation, and completion dates mentioned are approximate only and not of any contractual effect. Mtstones Ltd shall not be under any liability to the customer in respect of any failure to deliver or complete on any particular date or dates.
A morning or afternoon delivery/installation can be requested as long as we can accommodate this for you. Morning is delivery/installation anytime between 9.00am and 12.00am and afternoon is delivery any time between 12.00pm and 5.00pm.
The Customer must ensure before booking the template with us, that everything is ready for a template to be made, and all appliances and kitchen units must be completely fitted, level and secured so that no adjustments are made to the units following templating;
(a) UNDERMOUNT sink is in place - rebated into the frame but not silicone'd in and with a bit of flexibility for accurate alignment at fit or DROP-IN sink is available to be measured,
(b) Hob is on site and available to be measured and any special instructions concerning the hob to be given and written down,
(c) All panels that are to be added are in place,
d) All plastering to be completed before template or after fit; do not plaster between template and fit,
(e) Packing for windowsills and behind up-stands to be in place. The Customer will be liable for any costs incurred by any delay, reschedule of template and additional journeys, which may result.
Any temporary fitted sinks and or work surfaces must be removed before templating can be carried out. New Hobs, sinks and taps should be available on site together with the templates where possible.
We insist that you, or a trusted representative, be present during templating to agree all relevant details such as overhang, joints, and height of splash backs. Advice can also be given at this point.
With regard to any alterations and/or additional work that would need to be carried out before the new worktops can be fitted.
The owner or an appointed representative MUST be present during templating to agree all relevant details such as overhang, joints, height of up-stands & splash backs, required cut out, edge shapes or any additional worktops detail. Unless specified (at time of template), we reserve the right to use our own judgement regarding all overhang, joints, height of up-stands & splash backs, required cut out, edge shapes or any additional worktops detail.
In the event that you or a trusted representative is not present we will use our best endeavours to template but take no responsibility whatsoever for any misinterpretations or accept no responsibility if these are later found to be unacceptable. We apply our professional experience and judgement whilst templating but take no responsibility whatsoever for any misinterpretations if any conditions are not met.
Mtstones template team will give you advise at this point with regard to any changes and additional work that would need to be carried out before fitting your new worktop.
Changes after template: If any changes to the worktop' design, you can email changes for review, but you may need to approve these in person at our showroom. If this is not possible, we can make arrangements for our template team to re-visit but this will be at an extra cost to you and may delay your fitting date.
Please note, changes are accepted only if we have not started fabrication. We will accept no responsibility if changes were requested after starting fabrication.
Following templating, if it is found that the furniture, to which the worktops are to be fitted, has been adjusted or moved in any way after our templating, then we may not be able to carry out the fitting. A further cost may be incurred should we have to re-make any of the pieces or re-take template.
You can email changes for review. If this is not possible, we can make arrangements for our fitters to re visit but this will be at an extra cost to you and may delay your fitting date.
In order for us to process and manufacture projects as efficiently and accurately as possible, it is essential the following points are addressed and if needed then carried out prior to us templating on site. Please spare time to review these considerations applying more specifically to kitchen units, fittings, appliances and accessories:
We apply our professional experience and judgement whilst templating but take no responsibility whatsoever for any misinterpretations if any conditions are not met.
a) Kitchen Units & Worktops
1) All surfaces/carcasses to be templated must be complete, flat and level. The final level of the worktops can only be as good as the level of the units supporting them.
2) All units that are to have granite / quartz fitted to them must be well constructed, fixed together and be fully fitted. This includes end panels or other additions to the main units.
3) We accept no liability for problems caused by additions or alterations to the furniture, appliances and accessories after the template stage has taken place.
4) Any alterations made by either yourself, kitchen company or fitters after the templates have been made must be informed by email. We reserve the right to not accept any alterations given verbally over the phone.
5) If replacing existing worktops, they must be removed before our arrival to make your templates. This allows the carcasses to be viewed, assessed and advice can then be given if any additional work needs to be carried out before the new worktops could be fixed. We can offer removal of worktops as an extra service so please contact us for prices.
6) Any units to be fitted directly on top of the worktops must be fitted after the worktops (recommended) or on adjustable wall brackets to give adequate clearance. It is not acceptable to leave a gap and expect to slide the worktops under.
7) If any walls around the worktops are to be plastered or altered in any way they must be done either before templating or after fitting the worktops.
b) Splashbacks, Upstands & Hob Splashbacks
1) Where splashbacks / upstands are to be fitted we can take no responsibility for the curvature & alignment of the walls. Granite and quartz will not bend therefore there may be gaps behind the splash-backs when fitted. These gaps can easily be filled with painters cork but as we are not painters & decorators we can take no responsibility for filling these gaps.
2) Where full height splash backs between worktops and cupboards, or hob splash back between worktops and extractor unit are required, we are unable to make these fit with no gaps. A certain amount of tolerance is required to fit these items as to avoid damage to the underside of the cupboard or extractor unit. Tolerance for cupboards is usually around
4-5mm and anything up to 60mm for extractor units with curved glass. This is needed to avoid damage to the glass due to any heat expansion. Too tight a fit may crack the glass. Our fitters will try to keep any gaps at the bare minimum to ensure the best fit possible.
c) Gas or Electric Hobs
1) Gas or electric hobs must be disconnected but available on site on both the template date and fitting date. We have neither the tools, skill set or in some cases required qualifications (such as corgi- gas or electrical NIC or other approved governing body) to undertake any plumbing, gas, electrical, plastering or carpentry work.
1) Belfast/butler sinks must be fixed in position before we can template. When we return to fit your worktops, you should make your own arrangements to fix the taps in position as these can be very hard to reach after the quartz / granite is fitted. In some cases, joints may be needed behind the sink to enable the tap to be fitted if it is impossible to reach it from under the sink unit.
2) Under-mounted sinks must be on site at the template stage. If we are templating and fitting your worktops, we will fit any stainless steel under-mounted sink at the fitting stage. This will be bonded to the granite / quartz from the underside using either granite resin glue and securing tiles/ blocks or fixing clamps. The choice of method is down to whatever the fitter deems suitable.
3) Under-mounted sinks that are heavy such as pot or ceramic sinks cannot be bonded onto the granite in the same way as lighter stainless steel sinks. It is the customers / kitchen supplier/ kitchen fitters responsibility to fix a shelf to mount the sinks on before templates are made.
1) We do not include fitting of the tap/s in your price for either the worktops or template & fitting. 2) We are unable to undertake any plumbing work of any kind.
3) Any taps must be disconnected but available on site.
4) It is your responsibility to give us all the information on unusual taps/ tap hole sizes. If the tap is any different to standard sizes, you should have information / booklet that came with the tap. This must be given to the fitter at the template stage.
If you would like your hob or pop up a socket to be flush fit it is your responsibility to inform us when requesting a quote or when templates are taken.
The customer is to provide free uninterrupted access to floor and surface areas during the execution of work. Mtstones Ltd will undertake any business with the greatest care possible to customer properties but it is recommended that the customer remove all kitchen doors before fitting to avoid any possible damage and allow a clear access route to the point of installation. Likewise, if you have installed new floor surfaces, we recommend you take adequate precautions to cover and protect these in the areas we will be required to access.
We require clear working areas free of hazards with no interference from other trades. There should be no clutter or other hindrances when our templators/fitters arrive on site. We cannot take responsibility for any damage when carrying worktops in.
Customers are responsible for removal of old worktops and adequate support for some sinks unless otherwise agreed.
95% of all work that would require cutting and polishing would be completed at our factory to minimize dust, dirt and untidiness at the customer's house. Some instances of grinding, cutting and polishing the granite / quartz at the customers house are unavoidable. Our fitters will make every effort to keep this to a minimum and clean up after themselves, but customers should be prepared for this and instruct the fitters where they are able to complete this work if necessary (i.e. garage, driveway, patio or back garden).
1) If any sink, tap or hob has been reconnected after templating they must be disconnected and removed. We have neither the tools, skill set or in some cases required qualifications (such as corgigas or electrical NIC or other approved governing body) to undertake any plumbing, gas, electrical, plastering or carpentry work.
2) All electrical, gas and sink fittings to be removed by you or your kitchen fitting company if they interfere in any way with the installation of the new worktops.
The owner or a trusted representative MUST be present during fitting to sign the job satisfaction sheet when the job is complete. In the event that you or a trusted representative is not present we take no responsibility whatsoever if fitting is later found to be unacceptable.
If fitters need to carry out extra works on arrival an extra charge may be incurred, these will be discussed with customer prior to any work being undertaken.
• UNSATISFACTORY UNITS. The Company reserves the right to refuse to fit worktops to units they deem to be unsatisfactory, and the Customer will be liable for any expenses incurred in reschedule of fit. Units found at a later date to be unsound in any way will be the responsibility of the Customer.
• CAULKING AND DECORATING. The Company shall take responsibility for the fit of the worktops and any up-stand/splash-back according to the Company's usual practice. Responsibility for caulking and decorating after the worktop is fit shall remain with the Customer.
We reserve the right to charge a minimum of £200 plus VAT for any additional trips or return visits that we are required to make if the site is not ready, there were unseen obstacles or if there were other trades requiring access to the same area.
6. Products and Materials installed
Marble and Granite are natural stone therefore its veining and pattern varies from batch to batch. We encourage all our customers to view the slabs granite marble and quartz at the supplier sites, in person whenever possible. Mtstones will not accept any claims based on the variations apparent in Granite Marble or quartz as natural stones. If a particular colour or finish is required, we advise you to inspect the raw material prior to fabrication. Following fabrication, we will not be held responsible if the material does not meet your exact requirement.
Mtstones Ltd cannot accept any claims based on the variations apparent in granite as a natural stone. Mtstones Ltd does not recommend replacing part of a granite worktop as no two pieces of granite are the same.
All granite products are natural products and are therefore subject to colour variation, natural veining, grain and some light, medium or heavy pitting.
As granite is a natural material slabs of granite are not totally flat and granite surfaces are not impervious to damage. It is common to find variation between and within slabs of stone from the same quarry. Mtstones Ltd will always use matching slabs for any adjacent pieces of work in order to ensure consistency as far as possible. However, an exact match cannot always be guaranteed due to variations between and within slabs that are used. It is however unlikely that these variations will be clearly visible to the naked eye.
The stone including quartz used for an install may vary to a degree in appearance and feel from any sample previously provided to the customer.
If a particular colour or finish is required, we advise you to inspect the raw material prior to fabrication. Following fabrication, we will not be held responsible if the material does not meet your exact requirement.
All thickness quoted for slabs are nominal and no liability is accepted for reasonable variations of whatsoever nature. ◦ Granite & quartz worktops standard thickness is 30mm (+/- 2mm)
◦ Granite & quartz splash-backs standard thickness is 20mm (+/- 2mm)
Mtstones Ltd reserves the right to add joints where they deem necessary based on our industry experience and professional discretion. Joints connecting pieces of stone are sealed using epoxy or low modular curing silicone sealant. The joints produced generally vary between +/- 2 to 4mm thick, as acceptable to industry standard. This allows for a strong joint whilst remaining unobtrusive. Whilst Mtstones Ltd makes every effort to make the joints as even as possible there may occasionally be a slight lip. This must be accepted as normal for granite/ quartz worktops. Mtstones Ltd will mix the sealing products for the joints to provide, what they consider, the closest matched colour to your stone.
Mtstones Ltd can accept no liability for any mark, stains or discoloration on the granite or quartz, nor any defect arising from fair wear and tear, wilful damage, negligence, misuse, abnormal working conditions, alteration or repair of the goods. No responsibility will be taken by Mtstones Ltd for any cracks or fissures appearing after installation.
After the template and before fabrication should you change your mind on the material ordered then a re-stocking fee will be charged for the exchange. The re-stocking fee will depend on the supplier's terms and we will of course advise you of the final amount for your consideration.
After fabrication, should you change your mind on the material or cancel your order a full charge of template, supply and fabrication to be paid by the customer.
When placing an order for a material which has an inconsistent pattern, please note that we cannot guarantee how the pattern will match up at the joints or which way the veins will run. Please call the office if you wish to discuss this further.
7. Following completion of the work:
Following installation, we urge that you inspect the worktops carefully after fitting is complete. We will
not be held responsible for any damage found after the fitters have left.
Within seven days from fitting customer must give notice to us of any matter or thing by reason whereof the Customer may allege that the goods are not in accordance with the order. If the Customer fails to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be deemed to have accepted the goods accordingly.
All worktops require 24 hours for adhesives and silicon to cure. We therefore advise that you do not use the worktops, the cabinets or the drawers in the meantime.
Stone worktops, whether made from natural (Marble and Granite) or man-made materials (Quartz) care should still be taken. Please refer to your stone' supplier care and maintenance guide for further details which will be provided with your invoice.
After completing the work, it is the customer responsibility to activate the stone' warranty with the stone' suppliers. Mtstones will provide you an invoice number to use for your warranty activation.
8. General terms:
Templating and installation dates mentioned are approximate only and not of any contractual effect. Mtstones Ltd shall not be under any liability to the customer in respect of any failure to deliver or complete on any particular date or dates.
We shall not in any event be liable to compensate the customer in damages or otherwise for any non- delivery or late delivery of goods or for any loss consequential or otherwise arising therefrom.
Templating and fabrication is not an exact science and slight tolerances in both overhangs and thickness may be observed, an industry standard 2 - 5mm tolerance is allowed for each measurement. However, Mtstones will endeavour to the best of their ability to keep these tolerances to a minimum.
Please note that we cannot guarantee that a single worktop can be manufacture to a length of more than 3000 MM without a joint. This will depend on the material selected. Our template' team will discuss any joint with you on the template day.
If you wish to change the template/fitting date we require a minimum of 24 hours notice otherwise we reserve the right to charge £200 plus VAT for re-booking/cancellation on the day.
We will do our best to reschedule your job to your preferred date we cannot guarantee a date within 5 working days of the original booking.
We do not undertake to deliver or collect any load over road or ground which in our judgment we consider to be unsuitable. If a vehicle used for performing our contract with any Customer delivers or collects a load to or from a place situated off the public highway the Customer is to be solely responsible for any damage or accident and is to indemnify usefully in respect thereof.
SAMPLES. Samples submitted and illustrations/photographs in catalogues and literature must be accepted as showing type, class and general character only without warrantee or guarantee as to substance, performance, colour, size, thickness or shape.
RETURNS. Where the Company supplies goods made to the customers own specifications, the Customer will be liable to recompense the Company for the cost of such goods if through no fault on the part of the Company the goods are no longer required by the Customer due to incorrect specifications being given by the Customer to the Company or any other cause.
9. Confirmation of Orders, Payments, Charges and Cancelations:
Confirmation of orders:
Confirmation of an order will only be sent when all details have been agreed with Mtstones Ltd and the first payment has been made. This forms a binding and legal contract between customer and Mtstones Ltd. No addition or alteration to the order will be valid unless agreed in writing by Mtstones Ltd.
Orders accepted by Mtstones Ltd may not be cancelled under any circumstances unless agreed in writing by both the customer and Mtstones.
Any changes made after templating are not the responsibility of Mtstones Ltd and any extra cost incurred by these changes is the responsibility of the customer. These include (but aren't limited to) changes to worktop plans, dimensions, sinks, taps and hob cut-outs.
Mtstones Ltd request that full payment is made at the point of ordering.
A deposit of 30% (or 60% on quotes over £5,000) of total cost of invoice will be required on day of placing order or on day of templating. MPORTANT: The balance must be paid before the fitters leave the site. If the payment has not been received or clear funds have not reached Mtstones Ltd whilst the fitters are on site, then we reserve the right to remove our products until balance is settled in full.
Liability for final payment shall arise on the day of fitting and installation. The remaining final payment is required within 3 days of the installation appointment. Mtstones Ltd reserves the right to charge interest on overdue amounts (whether before or after any judgement) at the rate of 2% above the Bank of England minimum lending rate (or if there is no rate 2% above the Royal Bank of Scotland) ruling on the last date on which payment must be made.
The property of the goods shall not pass to the customer until Mtstones Ltd has received full payment.
Cancellation of orders will only be accepted if Mtstones Ltd has agreed in writing and on condition that the customer reimburse Mtstones Ltd all costs and expenses or losses and damages resulting from the cancellation.
It is important that the choice of color and finish is finalized prior to closing the purchase (deposit payment) since any subsequent modification the deposit will be not refunded.
Therefore, any deposit paid will be refunded less the charges reflecting the costs to the Mtstones Ltd for any work already undertaken.
If the sale is for cash all accounts are due before the goods are unloaded from the delivery vehicle.
We reserve the right to refuse to execute any order or contract if the arrangements for payment or the Customers credit are not satisfactory to us.
In the case of non-payment of any account when due or in the case there shall be any fault or refusal on the part of the Customer to take due delivery of any goods or materials or in the case of death, incapacity, bankruptcy or insolvency of the Customer or where the Customer is a limited Company in the case of liquidation or the appointment of a receiver, then the purchase price of all goods and/or work invoiced and/or delivered by us to the customer to date shall immediately become due and payable from the Customer to us and in addition we are to have the right to cancel every contract made with the Customer or to suspend or continue delivery of goods and materials at our option without prejudice to our right to recover any loss sustained. Interest at the rate of 5% per annum above the bank base rate shall be payable in respect of all sums outstanding.
The Customer shall not be entitled to withhold payment of any amount due to us by reason of any dispute or claim by the Customer in connection with the goods supplied nor shall the Customer be
entitled to set off against any amount due to us any amount which is not then due and payable to us for which we dispute liability.
10. Inspection and sign off
All customers are advised to fully inspect the surfaces whilst the fitter is on site and sign off the job sheet once work has been completed. In the unlikely circumstance that you are not satisfied with the workmanship you must contact Mtstones Ltd within 24 hours so we can rectify the issue. After our fitters leave your premises, it is impossible for us to verify any subsequent claim for damage to the material or their surrounds. Any further call outs which are non-warranty related may result in additional charges.
Mtstones Ltd supply high quality stone and are confident that you will be entirely satisfied with your new kitchen worktop. Most Quartz and Granite are covered by our supplier's guarantee. Please speak to us to check if the stone you have selected is covered by the supplier's warranty.
If the warranty is covered by our supplier, a warranty excludes defects or damages caused by the following:
Customer abuse or misuse of the surface and failure to maintain stone properly, in accordance with our Care & maintenance instructions given to each customer after completion of the job.
Stains and/or discoloration, dark spots or fissures which are naturally occurring in the stone. Normal spotting or discoloration caused by acidic liquid spills on the surface.
Customer use of abrasive or inappropriate cleaning materials on the stone surface. Scratches to stone surfaces caused by sharp instruments.
Chipping or cracking due to heavy objects being dropped on the stone surface. Cracking caused by sitting or standing on the worktop.