Terms and Conditions

1. Consumers and Trade Customers

1.1. Some terms apply to Trade Customers only, some apply to Consumers only. Those terms are indicated as shown.
1.2. Any other terms apply to all customers.
1.3. If any goods supplied by us to be used in the course of your business, you will be classified as a trade Customer.
1.4. If you are not a Trade Customer, you are a consumer. As a Consumer you have certain statutory rights which are unaffected by these terms.

2. Payment Terms

2.1. Payment to be made at time of order.
2.2. Trade Customers, you do not have the right to offset any money you may claim from us against anything you may owe us.
2.3. Consumers, you may only offset money you claim from us against money you owe us with our written agreement and on such terms as we may state.
2.4. While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
2.5. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
2.6. Consumers, clause 2.5 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and, if we have to take legal action, we will ask the court to make you pay our legal costs.

3. Risk

3.1. The goods become your risk from the time of delivery or collection.
3.2. All goods must be inspected on delivery. Any shortage or damage to be reported within 24 hours of delivery or collection. No goods are to be used unless we are given an opportunity to inspect the damaged or faulty goods. You will be deemed to of accepted the goods in accordance of the contract if you fail to notify us in accordance with these requirements.

4. Delivery

4.1. Any delivery dates given are estimates only, although all efforts will be made to deliver goods within the required time.
4.2. If not delivered within a satisfactory time frame, the contract can be cancelled by informing us in writing, however:
4.2.1. if you cancel the contract, you can have no further claim against us under that contract and
4.2.2. You may not cancel if your order is machined or we receive your notice after the goods have been dispatched.
4.3. Once delivery of the goods has been accepted you will have no claim against us for delay.
4.4. Trade customers, if you fail to accept delivery of any goods for any reason, or we are unable to deliver the goods because you have not provided adequate instructions, or if goods remain uncollected by the date, we may:
4.4.1. Charge you for the storage or redelivery of those goods and
4.4.2. treat the goods as having been delivered on that day (for the purposes of risk, inspection and payment).
4.5. Trade customers, Manual labour or the appropriate equipment must be provided at the point of delivery as the driver is not responsible for offloading. If our delivery vehicle suffers a unreasonable delay, it is obliged to return without completing delivery and a possible additional charge for re-delivery
4.6. If you are collecting goods from us, you are responsible for the size, weight and positioning of any load on your vehicle and must ensure that your vehicle is sufficiently equipped to enable safe loading.
4.7. We may decline to deliver if:
4.7.1. The premises or the access to them are unsuitable or unsafe for our vehicle.
4.8. Quantities delivered can be up to 10% more than ordered (in count or volume) but will be charge at the quantity actually delivered.
4.9. If you or any person acting on your behalf rejects or refuses to accept a delivery, you will be charged a £50 administration fee and a £150 re-delivery fee.
4.10. If a delivery fails because no one is available to receive the goods, we will not refund the delivery charges, and you will be charged a £150 re-delivery fee for each additional delivery attempt, and £50 administration Charge.

5. Title

5.1. Consumers: your statutory rights are unaffected.
5.2. Trade customers: until you pay all debts that you may owe us,
5.2.1. All goods supplied by us remain our property;
5.2.2. You must store them so that they are clearly identifiable as our property,
5.2.3. You must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
5.2.4. You may use those goods and sell them in the ordinary course of your business, but not if: We revoke that right (by informing you in writing), or You become insolvent.
5.3. Trade customers: you must inform us (in writing) immediately if you become insolvent.
5.4. Trade customers: if your right to use and sell the goods ends, you must allow us to remove the goods.
5.5. Trade customers: we have your permission to enter any premises where the goods may be stored:
5.5.1. At any time, to inspect them; and
5.5.2. After your right to use and sell them has ended, to remove them, using reasonable force if necessary.
5.6. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied, should you not pay us by the due date.
5.7. You are not our agent. You have no authority to make any contract on our behalf or in our name.

6. Price

6.1. All prices quoted are exclusive of VAT (unless otherwise stated). Rates of tax and duties on the goods will be those applying at the time of delivery.
6.2. Any quotation by us will not constitute an offer and are subject to withdrawal without notice.
6.3. Subject to clause 1.2, quotations lapse 30 days after the date of quotation.
6.4. Price quoted does not include delivery.
6.5. Trade customers, unless otherwise stated, the price quoted to Trade customers is an illustrative estimate only. At any time before delivery, we may adjust the price to reflect any increase in our costs of supplying the goods.

7. Return of Goods

7.1. We will accept the return of goods from you only.
7.1.1. by prior arrangement confirmed in writing,
7.1.2. on payment of an agreed handling charge (unless the goods were defective when delivered) and
7.1.3. Where the goods are as fit for sale on their return as they were on delivery (uncut or prepared).

8. Force majeure - Trade customers only

8.1. If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
8.2. Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

9. Specification

9.1. You must ensure that, if good are prepare the in accordance with your instructions or specifications that,
9.1.1. Goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
9.1.2. The specifications or instructions are accurate, and
9.1.3. Your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any
application law or regulation.
9.2. Due to the goods being a natural product reasonable variation in colour and grain will occur therefore goods cannot be rejected on these grounds,
9.3. We do not accept responsibility for the suitability or performance of goods manufactured in accordance with your specifications or instructions.

10. Cancellation

10.1. You may not cancel the order unless we agree in writing (and clauses 3.2.2 and 11.2 then apply).
10.2. If the order is cancelled (for any reason) you are then to pay us for the order.
10.3. We may suspend or cancel the order, by written notice if:
10.3.1. You fail to pay us any money when due (under the order or otherwise);
10.3.2. You become insolvent;
10.3.3. You fail to honour your obligations under these terms.
10.3.4. You may not cancel if the order has been machined.

11. Warranties

11.1. We warrant that the goods:
11.1.1. Comply with their description on our sales order confirmation form; and
11.1.2. are free from material defect at the time of delivery (as long as you comply with clause 11.4).
11.2. Trade customers: we give no other warranty (and exclude any warranty, term or condition).
11.3. Consumers, the warranty in clause 11.1 is in addition to your statutory rights.
11.4. If you believe that we have delivered goods that are in breach of our warranty, you must:
11.4.1. Not cut or process the goods; and
11.4.2. Inform us (in writing), with full details, within 7 days of the defect becoming apparent; and
11.4.3. Allow us to investigate (we may need access to your premises and product samples).
11.5. If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions (in clause 11.4) in full, we will (at our option) replace the goods or refund the proportionate part of the invoice.
11.6. We cannot accept liability in respect of any defect arising from fair wear and tear, wilful damage, improper storage or any failure to follow our instructions.
11.7. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use, even if we are negligent.
11.8. For all other liabilities not referred to elsewhere in these terms, our liability is limited in damages to the price of the goods.
11.9. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

12. Waiver and Variations

12.1. Any waiver or variation of these terms is binding in honour only unless:
12.1.1. made (or recorded) in writing;
12.1.2. signed on behalf of each party; and
12.1.3. expressly stating an intention to vary these terms.
12.2. All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

13. General

13.1. English law is applicable to any contract made under these terms. The English and Welsh courts have non-exclusive jurisdiction.
13.2. If you are more than one person, each of you is liable for all of your obligations under these terms (joint and several liability).
13.3. If any of these terms are unenforceable as drafted:
13.3.1. it will not affect the enforceability of any other of these terms; and
13.3.2. if it would be enforceable if amended, it will be treated as so amended.
13.4. Business customers: all brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.
13.5. Business customers: any notice by either of us which is to be served under these terms may be served by leaving it at, or by delivering it to (by first class post or by email to online@eoburton.com) the other’s registered office or principal place of business. All such notices must be signed.
13.6. No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
13.7. The only statements upon which you may rely in making the contract with us are those made in writing by someone who is (or whom you reasonably believe to be) our authorised representative and either:
13.7.1. contained in our estimate (or any covering letter) and not withdrawn before the contract is made; or
13.7.2. which expressly state that you may rely on them when entering into the contract.
13.8. Nothing in these terms affects or limits our liability for fraudulent misrepresentation.