Terms & Conditions
In these Terms and Conditions the following definitions shall apply:
Authorised Person: Lee Curnow and any other member of Varcurn’s Staff so authorised by him.
Bespoke: Goods that are made to measure to the Customer’s Specification or Dimensions and Ordered accordingly. This could be tiles (natural stone or porcelain), worktops, vanity units, hearths, fireplaces or any other bespoke Goods.
Contract:the Contract between Varcurn and the Customer entered into for the sale and purchase of the Goods in accordance with these Terms;
Customer:the person or company who purchases the Goods from Varcurn;
Estimate: the Estimated Price of the Goods requested by the Customer before the Order is finalised.
Goods:the Goods or any part of them set out in the Order;
Invoice: the document submitted to the Customer, identifying the transaction for which the customer owes payment to Varcurn, giving such details that could include a description of the Goods Ordered including type of material, size, quantity, the Invoice number, name and address of the seller and name and address of the Customer.
Order:any Order from the Customer to purchase Goods from Varcurn which incorporates these Terms, as set out in the Customer’s Invoice; or the Customer’s written acceptance of Varcurn’s Estimate; or, where no Estimate has been issued, as set out in the Customer’s written request for Goods (including by email); or as set out in any Order made over the phone, as the case may be;
Payment: Payment of the Goods as set out on the Invoice inclusive of VAT and any Delivery charges.
Price:the Price of the Goods plus any labour, fitting, other materials and delivery costs, all inclusive of VAT as stated on the Invoice forming the Contract.
Specification or Dimensions:any Specification for the Goods, including any related plans or drawings, agreed by the Customer and Varcurn;
Varcurn: the supplier Varcurn Marble Limited, a company registered in England & Wales under Company Number 5222520. Registered Office: Zenith House, Dudnance Lane, Pool, Redruth, Cornwall, TR15 3QY. VAT Number: 768977737.
Website:means the website operated by Varcurn under the domain name www.varcurn.co.uk;
Terms:the terms and conditions set out in this document, as amended from time to time, as set out in Clause 7.
In these Terms, unless otherwise stated: a reference to a "person" includes a reference to a neutral person, a body corporate, association, partnership or individual; a reference to a "third party" is to be a person who is not a party to the Contract; the singular shall include the plural and vice versa; a reference to a gender is to every gender; a reference to a "Clause" is a reference to a Clause of these Terms; a reference to a statute, statutory instrument, regulation, Order or license is a reference to that statute, statutory instrument, regulation, Order or licence as substituted, varied or amended from time to time; a reference to any document or agreement is to that document or agreement as substituted, varied or amended from time to time; a reference to “include” and “including” shall be construed without limitation.
The headings in these Terms are for convenience only and shall not affect the construction or interpretation of these Terms.
1. BASIS OF CONTRACT
1.1By Ordering Goods the Customer agrees to be bound by these Terms and accepts that they shall govern all Contracts between the Varcurn and the Customer, to the exclusion of any other terms and conditions.
1.2No terms and conditions of the Customer, including any terms and conditions in any Orders, offers or acceptances of the Customer, shall form part of the Contract and are hereby expressly excluded.
1.3Varcurn agrees to sell and deliver or make available for collection and the Customer agrees to Purchase and accept delivery or collect the Goods on and subject to these Terms.
1.4 These Terms shall apply and prevail over any other term of the Contract, unless otherwise agreed by Varcurn. Varcurn shall only be considered to have agreed otherwise where it has expressly agreed in a written document issued for and on behalf of Varcurn by an authorised person.
1.5 These Terms and any document expressly referred to in them constitute the entire agreement between Varcurn and the Customer and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between Varcurn and the Customer, whether written or oral, relating to their subject matter.
1.6 The Customer acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or in any document expressly referred to in them.
1.7 Varcurn and Customer agree that neither shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
2.1 Goods can consist of Tiles (i.e. Tiled Goods), Worktops, Kitchens, Bathrooms, Stoves, Fireplaces, Fires, Wood Flooring, Adhesives, Accessories etc, and any other Goods as sold by Varcurn to the Customer, being natural or manufactured. Any descriptions or images of the Goods on Varcurn’s Website, or in any of the Varcurn’s printed materials, are for illustrative purposes only and no Goods are warranted to be exact replicas of any samples, drawings or advertising supplied. The Customer must also refer to the specific terms & conditions for each type of Goods (i.e. Kitchens, Worktops, Stoves etc) and any other specific terms & conditions as added to these terms as & when, that follow these General Terms & Conditions.
2.2 All descriptions, drawings, advertising, colours, samples of any Goods are for guidance purposes only and the actual Goods supplied may differ slightly from any descriptions given.
2.3 The majority of the Goods sold by Varcurn are natural, geological products and variations in colour, markings, form, texture and size should be expected. Variations can exist in crystalline composition, veining, fossil deposits and mineral activity and no Goods are claimed by Varcurn to be exact replicas of images, colours, or samples. This can also occur in any manufactured goods. Varcurn recommends that the Customer views as much of the Goods as possible before entering a Contract.
2.4 Any samples of Goods are for giving an approximate representation of the Goods only. All samples have been prepared to a presentation standard and allowed to dry.
2.5 Although Varcurn makes every effort to be as accurate as possible, Varcurn’s Goods are supplied under a variety of industry-accepted size-tolerances and all dimensions and measurements indicated have a tolerance of up to 5mm. To minimise variations in finish and tolerance, Varcurn recommends that Goods are selected from a variety of boxes, if more than one box is purchased. Any variation will be deemed to be agreed by the Customer once Varcurn has accepted an Order.
2.6 The Customer should bear in mind that natural stone tiles may be subject to natural chipping and pitting and may be easily scratched. The Customer must handle Goods correctly to prevent damage. Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on the edge) but not on a hard surface as this may cause unnecessary edge chipping. Varcurn cannot be held responsible for damage which occurs after delivery or, if Varcurn decides to collect the Goods, after collection. Stone tiles may need to dry out before the installation process begins. The Customer should ask their fitter/tiler to advise them if this is the case and can also check with Varcurn (with reference to Clauses 2.7 – 2.11 below).
2.7Details about how to care for Goods are available by request. Varcurn recommends that the Customer reads these carefully. All advice is given in good faith and is intended for general guidance only.
2.9 When Ordering bespoke Goods it is the Customer’s responsibility to ensure the Goods are appropriate for its intended purpose and are compliant with any regulations, permissions or approvals required for the Customer’s intended purpose. Varcurn will not be liable where the Customer’s use of such Goods is not compliant in such circumstances.
2.10 In agreeing to sell Goods to the Customer, Varcurn makes no guarantee as to the suitability of those Goods to the specific installation the Customer has in mind and gives no warranty that the Goods can be used in any given environment. The Customer should seek professional advice in relation to the fixing, installation and care of the Goods.
2.11 Varcurn will not be liable to the Customer for lost working time or the cost of third party Contractors, or any other consequential loss, where the Customer (or its Contractor) fails to install the Goods correctly or fails to use the correct base, adhesive, grout or sealants or fail to use the correct installation techniques or the Goods are fixed in an unsuitable environment.
3. ORDERING GOODS
3.1 When Ordering Goods the Customer is responsible for ensuring that the information provided to Varcurn, including in any applicable Specifications, is correct.
3.2 If Ordering Bespoke Goods the Customer’s Order must be made in writing with clear instructions as to size, colour, stone type, finishing, and any other particular requirements it may have, unless agreed verbally with Lee Curnow or authorised staff. Orders can be submitted via email at email@example.com or by writing to Varcurn at Zenith House, Dudnance Lane, Pool, Redruth, Cornwall, TR15 3QY. The Customer should confirm which Estimate number they wish to proceed with and supply any information required e.g. the full property address including the postcode. Varcurn should then email the Customer an Invoice and the Customer should check it and immediately let Varcurn know if there are any errors or changes they require to the Order and pay the deposit requested or pay the Price in full if so required. In any case the deposit/Price in full as requested must be paid before any templating required on the Order takes place.
3.3 If requested, Varcurn may provide an Estimate of the quantity of Goods the Customer may need for a project before the Customer Orders, based on the information and measurements the Customer provides. However, the Customer should seek independent, professional advice before Ordering as (subject to these Terms) Varcurn will not be responsible for any surplus or shortfall of Goods ordered.
3.4Given the fragile nature of some of the Goods including tiles, industry practice recommends that the Customer include an additional 10% (ten percent) of Goods to any Order to allow for wastage due to minor damage (such as edge chipping during the packing and unpacking of the stone) minor imperfections and damage that may be caused from cutting during the fitting process. Goods affected in this way can often be utilised for ‘cuts’ during installation and/or for future repairs.
3.5 Varcurn will not replace or refund damaged Tiled Goods & Wood Flooring constituting less than 10% (ten percent) of the total Order.
3.6 If the Customer Orders too few Tiled Goods or Wood Flooring in any one consignment, any subsequent Tiled Goods Ordered may be different in finish, shade, pattern and tolerance and the delivery of a few extra tiles or wood flooring may, in some cases, be as much as the original delivery costs.
3.7 The Customer should be aware that some of Varcurn’s Goods are imported from abroad, often by way of container shipment, either direct or via UK based Suppliers and that stock levels may subsequently be affected by reasons beyond its control. Occasionally, this may lead to a delay in the availability and delivery of Goods Ordered. In such circumstances Varcurn will notify the Customer, as soon as possible and cannot be held responsible for any such delays.
3.8 Varcurn will not be responsible for delays beyond its reasonable control including any delays relating to shipping or customs requirements.
3.9. If a Customer already has their own Goods, be it natural stone or a composite or porcelain etc and Varcurn agrees to cut the Customers own Goods, Varcurn would usually request that the Customer signs a waiver that if there was any breakages or damage whilst the Goods were in Varcurn’s possession, albeit at Varcurn’s premises or in transit during a delivery to the Customer, Varcurn cannot be held responsible for any such damage. This would still be the case if a waiver is not signed by the Customer. The Customer would have to assess the risk before placing an Order for any work, cuts, polishing etc.
4. DATA PROTECTION
4.1 During the Ordering process the Customer will be required to provide personal information such as name, billing address, email address, delivery address, telephone number and payment details if paying over the phone.
4.2 Varcurn will treat and store all personal information confidentially and comply with all applicable UK Data Protection and consumer legislation in place from time to time.
4.3 The Customer accepts that Varcurn may, from time to time:
4.3.1 make a search with a credit reference agency in respect of the Customer and keep a record of that search; and
4.3.2 monitor and record information relating to the credit performance and make such records available to credit reference agencies who will share that information with other businesses in assessing applications for credit and fraud prevention.
4.4 By placing an Order the Customer consents to Varcurn carrying out the activities referred to in Clause 4.3.
5. HOW THE CONTRACT IS FORMED
5.1 The Order placed by the Customer constitutes an offer to purchase the Goods in accordance with these Terms.
5.2 The Order shall only be deemed to be accepted when:
5.2.1 Varcurn issues an Invoice, detailing the Goods included in the Contract and any Specifications and any other relevant information required in relation to the Contract, at which point the Contract shall come into existence, and the Customer pays either the full amount or the deposit amount requested;
5.2.2(if earlier) Varcurn delivers the Goods to the Customer.
5.3 On receipt of an Order Varcurn may issue an ‘acknowledgement of Order’, by automated email or otherwise. This is intended only to confirm that an Order has been received and is not confirmation that the Order has been accepted.
5.4 Upon Order Varcurn will issue an Invoice for the Goods Ordered and give to the Customer either in person or by email and the Invoice will be included in the Contract. If for some reason the Customer does not receive the Invoice (e.g. if they do not supply their email address), the Invoice will still be deemed to form part of the Contract in any case and Varcurn will keep the Invoice on file which the Customer can request at any time.
5.5. Any Extra Goods required by the Customer must be requested either verbally or in writing and will be added to the Invoice accordingly. Varcurn may also add Extra Goods to the Invoice if it becomes apparent that the job cannot be finished without them and/or the Customer has not informed Varcurn of certain Specifications that mean that the Extra Goods are required. Extra Goods may sometimes be added to a new Invoice if the first Invoice has already been paid or for clarity. Varcurn will endeavour to inform the Customer of the Price of the Extra Goods as soon as possible either in person or by phone or email. If the Extra Goods are not added to the Invoice or a new Invoice for any reason, Varcurn reserves the right to add them to the Invoice or a new Invoice at the end of the job (or as soon as possible thereafter) for completion of the Order for the Customer to pay in full as per these Terms & Conditions.
5.6 Estimate Validity; All Estimates are valid for 30 days (thirty days) from the date sent. This does not take into account manufacturers price list updates that may affect an Estimate at the time of order. Varcurn’s sales team are happy to check and advise Customers when new price lists are due should this be of concern. All costs relating to installation and commissioning will not be affected.
6. CANCELLATION BY VARCURN
6.1 If Varcurn is unable to supply the Customer with any Goods Ordered, for example because Goods are not in stock and cannot be delivered within 28 days (twenty eight days) of Varcurn confirming the Customer’s Order, or are no longer available, or because Varcurn cannot meet the Customer’s requested delivery date, or because of an error in the Price of the Goods by Varcurn or on Varcurn’s website or any published Price list (as referred to in Clause 14.8) or the Suppliers’ Price changes for any other reason, Varcurn will notify the Customer in person, by e-mail or by telephone and the Customer’s Order will not be processed. If the Customer has already paid for the Goods, Varcurn will refund the Customer the full amount, including any delivery costs charged.
6.2 Varcurn reserves the right to cancel any Orders and to end the Contract in the following circumstances:
6.2.1 if the Customer does not, within a reasonable time of Varcurn asking for it, provide information necessary to provide the Goods;
6.2.2if the Customer does not, within a reasonable time, allow Varcurn to deliver the Goods to it, or collect them from Varcurn;
6.2.3if any of the information the Customer has provided as part of the ordering process is fraudulent and/or inaccurate;
6.2.4if the Customer has requested delivery of Goods to an address outside Varcurn’s usual delivery areas; or
6.2.5if the Customer’s method of payment is declined.
6.3If Varcurn ends the Contract in the situations set out in Clause 6.2 it will refund any money the Customer may have paid in advance for any non-bespoke Goods it has not provided but it may deduct or charge the Customer reasonable compensation for the costs it will incur as a result of the Customer breaking the Contract.
7. VARCURNS RIGHT TO VARY THESE TERMS
7.1Varcurn reserves the right to amend these Terms from time to time to reflect changes in its own working practices, Policies, relevant laws and regulatory requirements, changes in market conditions affecting its business and changes in technology, including its internal systems and/or preferred payment methods, and/or for any other reason.
7.2Every time the Customer Orders Goods from Varcurn, the Terms in force at the time of the Order will apply to the Contract between Varcurn and the Customer, unless Varcurn notifies the Customer of any changes to the Terms before sending the Customer an Order Confirmation. In these circumstances, Varcurn reserves the right to assume that the Customer has accepted any such changes to the Terms. If the Customer does not accept the changes, the Customer must notify Varcurn, within 7 days (seven days) of receiving the Goods.
8. PERFORMANCE AND QUALITY
8.1Varcurn will supply the Goods and any ancillary services in accordance with the Order and with that degree of skill and care and attention reasonably and ordinarily exercised by experienced and competent persons engaged in similar circumstances and conditions.
8.2Varcurn warrants (subject to these Terms) that on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979 and be free from material defects.
8.3Varcurn shall not be liable for a breach of any of the warranties in this Clause 8:
8.3.1where the Customer makes any further use of such Goods after giving relevant notice of any breach of warranty;
8.3.2where the defect arises because the Customer failed to follow any guidance given by Varcurn as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
8.3.3the Customer alters or repairs such Goods without Varcurn’s written consent;
8.3.4the defect arises as a result of Varcurn following any Specification supplied by the Customer; or
8.3.5the Goods differ from their description or the relevant Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
8.4If any of the Goods do not conform with the warranties in Clause 9, Varcurn will (subject to Clause 10) either (i) refund the Price of the Goods paid (exclusive of VAT), in full or in part on a pro-rata basis, or (ii) repair or replace the Goods if repair or replacement is possible, provided that the Customer will return the Goods (or the part of such Goods which are defective) to Varcurn.
8.5If Varcurn complies with Clause 8.4, Varcurn shall have no further liability for a breach of any of the warranties in Clause 8, in respect of such Goods.
8.6The Customer accepts that the Terms implied by Sections 13 to 15 of the Sales of Goods Act 1979 are, to the fullest extent possible, excluded from the Contract.
8.7These Terms shall apply to any repaired or replacement Goods supplied by Varcurn.
9. THE CUSTOMERS RIGHT TO CANCEL, RETURN AND REFUND
9.1In accordance with Clauses 9 and 10, the Customer shall be entitled to cancel any Orders within 14 days (fourteen days) commencing on the date the Customer either collects the Goods, or from the date of delivery, provided that such goods are returned in the same condition as at collection/delivery and are not damaged, broken, fractured, cut or scratched in any way (for damaged items see Clause 10 below);
9.2The Customer shall return the goods to Varcurn at its own risk and expense to Zenith House, Dudnance Lane, Pool, Redruth, Cornwall, TR15 3QY, or such other address as notified to the Customer from time to time.
9.3The Customer’s right of return and refund does not apply in the case of:
9.3.1Goods which due to use or damage by the Customer cannot be re-sold at full Price (for instance if Goods are, in Varcurn’s reasonable opinion, damaged, broken, cut or scratched in any way);
9.2.1Goods which are made specifically for the Customer under a Specification and are of a Bespoke nature (e.g. Goods which have been made to Order to the Customers’ specific sizes and/or requirements) (unless defective)). This includes all kitchens, worktops, any natural stone products, some natural stone tiles and all porcelain tiles, glass splashbacks, and any other Bespoke Goods that are made to Order.
9.3.2Goods which have already been installed, laid or used (unless defective – in which case they will need to be returned);
9.3.3Goods which have become mixed inseparably with other items after their delivery;
9.3.4Goods which are sealed or shrink-wrapped and which have been opened (unless defective);
9.3.5Bagged & bottled goods including all adhesives, grouts, sealers etc which have been opened; and
9.3.6Goods which cannot be returned due to hygiene reasons (unless defective).
9.4The Customer can cancel the Order by serving notice under Clause 20.
9.5If the Customer qualifies for a refund under these Terms, Varcurn will refund the purchase Price of Goods returned within 30 days (thirty days) of receiving notice under Clause 20 of the Customers intention to return the Goods.
9.6If the Customer cancels an Order after dispatch, but before receipt of the Goods, Varcurn reserves the right to levy a charge for the cost of return.
9.7If Goods have been delivered to the Customer before the Customer decides to cancel the Contract:
9.7.1then the Customer must return the Goods to Varcurn without undue delay and in any event not later than 14 days (fourteen days) after the day on which the Customer let Varcurn know that the Customer wishes to cancel the Contract. The Customer should return the Goods to Varcurn in person to Zenith House, Dudnance Lane, Pool, Redruth, Cornwall, TR15 3QY or another address which Varcurn may give. If Varcurn has offered to collect the Goods from the Customer, Varcurn will arrange for the Goods to be collected from the address to which they were delivered and will contact the Customer to arrange a suitable day for collection;
9.7.2the Customer will be responsible for the cost of returning the Goods to Varcurn. If Varcurn has agreed to collect the Goods from the Customer, it will charge the Customer for the cost of collection.
9.8Goods must be returned in the original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the Goods on delivery. No refund will be issued for Goods returned in an incomplete state (unless the Goods are defective). If the original packaging of a defective product has been damaged or destroyed the Customer should ensure the Goods are returned in suitable, protective packaging. Varcurn reserves the right to ask the Customer to provide evidence by way of photograph that the items are packed securely before returning (see Clause 10).
9.9Varcurn will not issue refunds for any items lost or stolen in transit on return to Varcurn.
9.10Where a return is lost or stolen in transit to Varcurn, the Customer should claim compensation from the organisation responsible for shipping/delivering the return.
9.11If the Customer fails to return Goods to Varcurn, Varcurn reserves the right to organise collection and charge the Customer for the costs of doing so and for any losses incurred.
9.12If the Customer wishes to cancel their Order or change the material or colour of the Goods they must tell Varcurn as soon as possible, in writing. If the Customer informs Varcurn verbally they should also confirm in an email. If the Goods have already been ordered from Varcurn’s particular supplier a 20% (twenty percent) re-stocking charge of the Total Price will be payable by the Customer to Varcurn immediately.
10. EXAMINATION AND ACCEPTANCE
10.1Varcurn and its Suppliers take a great deal of care to ensure that Goods leave their premises in good condition. If, however, there is obvious damage to the Goods, the Customer should make a note of the damage at the time of receipt.
10.2The Customer shall inspect the Goods immediately upon receipt. Varcurn shall not be liable for loss of, defects to or shortages of Goods discoverable on reasonable inspection (or for total loss of the Goods in transit, if delivery is arranged), unless the Customer notifies Varcurn within 24 hours (twenty-four hours) of collection, or within 24 hours (twenty-four hours) of delivery. If the Customer does not give any such notice then the Goods shall be considered to have been received in full and accepted by the Customer. Notice under this Clause 10.2 can be given either in person, by email or telephone.
10.3If after notifying Varcurn of its intention to reject the Goods, the Customer deals with the Goods as the owner of them or if any of the Customer’s conduct is inconsistent with such rejection or with the ownership of the Goods by Varcurn, the Customer shall be deemed to have accepted the Goods and be bound to pay for them.
10.4If the Customer does not reject the Goods within the timescale outlined at Clause 10.2, or if the Customer has used or installed them after having rejected them, Varcurn will deem the Customer to have accepted them.
10.5Varcurn reserves the right to arrange to inspect Goods and to request documentary evidence, such as photographs, to demonstrate any defects.
10.6If Varcurn accepts on inspection or photographic evidence that the Goods are defective then (subject to the notification requirements at Clause 10.2) Varcurn will repair or replace the Goods if repair or replacement is possible, provided that the Customer will return the Goods (or the part of such Goods which are defective) to Varcurn. If repair or replacement is not possible Varcurn will refund the Price of the Goods in full, or in part on a pro-rata basisdepending on the amount paid and Varcurn’s arrangement with its particular supplier.
10.7If Varcurn does not agree that Goods are defective, or if any defect is deemed to be through fault of the Customer, Varcurn reserves the right to recover any associated costs from the Customer (such as the cost of carrying out an inspection) and to reject any claim in respect of alleged damages or defective Goods. In these circumstances, the Customer will be expected to bear the cost of collection and/or redelivery of any replacement Goods.
10.8The Customer will not be entitled to a reject Goods delivered or claim damages in respect of any deviations in quantity of goods delivered of 3% (three percent) or less of value from that set out in the Contract and the Customer shall be obliged to accept and pay for the Goods as per the Contract.
11. DELIVERY AND COLLECTION
11.1Varcurn aims to deliver Goods within the timescale relevant to the Customer’s location and will provide an estimated delivery date (or, if requested, an estimated Collection date) as part of the Order confirmation. If the estimated date is not convenient the Customer should call Varcurn on 01209 610777/01209 614512, within 12 hours (twelve hours) of receiving its Order confirmation/Invoice, to re-arrange an alternative time. If the Customer would prefer to collect the Goods the Customer should notify Varcurn before placing an Order. Varcurn can be contacted on 01209 610777/01209 614512 or by email at firstname.lastname@example.org.
11.2If Goods are being imported from abroad or the Goods Ordered are not in stock at the time of purchase, delivery may be in excess of 30 days (thirty days). Varcurn will advise the Customer as soon as it can of any such delays.
11.3Varcurn’s scheduled delivery times are between 7:30am and 6.00pm, unless arranged otherwise. Deliveries are either by Varcurn direct or via a third-party pallet network and/or courier, for which Varcurn is not responsible. All delivery times are estimates only and cannot be guaranteed. Estimated times for delivery are not of the essence and Varcurn’s failure to meet an estimated delivery date shall not entitle the Customer to repudiate the Contract.
11.4Varcurn recommends that the Customer does not book Contractors or tilers on the day of delivery and will not be held responsible for any losses the Customer incurs from doing so, should delivery be delayed for any amount of time thereafter.
11.5Varcurn shall not be liable for any failure to deliver, or for any delay in delivery of the Goods, or damage to Goods delivered, arising from circumstances beyond its reasonable control.
11.6Due to their weight and dimension, Goods are usually delivered on a 17 ton lorry, with a tail-lift and pallet-truck for moving tiles. The Customer must notify Varcurn upon Order about any obstacles at the Customer’s chosen delivery location (Delivery Location) which may affect delivery, such as low hanging sign posts and trees, low bridges, narrow country roads or lanes and steep gradients, as well as any parking and/or unloading restrictions at the Customer’s chosen address, including double yellow lines. The Customer can provide this information by calling Varcurn on 01209 610777/01209 614512 or emailing email@example.com. Where possible in such circumstances Varcurn will try to deliver by smaller vehicle, but this cannot be guaranteed. Delivery by smaller vehicles may incur additional delivery charges and delivery schedules. Varcurn reserves the right to recover from the Customer, and the Customer agrees to pay, any costs incurred on delivery, such as fines incurred for parking and/or unloading in restricted areas (see Clause 14.10).
11.7The Goods will be delivered by way of an economy kerb-side drop. It is the Customers responsibility to move Goods to their final destination once delivered.
11.8If no one is available at the Customer’s address to take delivery, or if Goods cannot be dropped-off because of difficulties accessing the drop-off point, Varcurn reserves the right to levy a charge for having to abort the delivery and for the cost of any redelivery and/or storage charges.
11.9Delivery of an Order shall be completed when either (i) Varcurn or the third party pallet network or courier delivers the Goods to the Delivery Location; or (ii) the Customer, or a carrier organised by the Customer, collects the Goods.
11.10The Customer will be responsible for the removal of all packaging after delivery. This will include the disposal of any wooden pallet supplied with delivery.
11.11Varcurn shall be entitled to make delivery of the Goods by instalments and to Invoice the Customer for each instalment dispatched. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.
11.12Where Goods are to be supplied or delivered by Varcurn or third party (as above) in accordance with periodic delivery schedules or similar notification of the Customer’s delivery requirements, the Customer shall not be entitled to cancel or vary any such delivery schedule or requirement which is expressed by the Customer to be a firm requirement without Varcurn’s prior written consent and Varcurn shall be entitled to reimbursement of any additional costs and expenses incurred or suffered as a result of such cancellation or variation.
11.13If the Customer arranges to collect Goods from Varcurn’s premises, either in person or via a third party carrier, the risk in the Goods will pass to the Customer on collection (see Clause 13). Varcurn will not be liable for any damage or breakages incurred while the Goods are in transit after collection. It is essential that:
11.13.1The Customer checks the weight and dimensions of the Order before collection and ensures that a suitable vehicle is used - one which is able to accommodate the weight and volume of the Goods and which can be loaded by fork-lift truck. Varcurn’s staff will only load Goods onto a collection vehicle if it is safe to do so; and
11.13.2The Customer ensures that the Goods are packed securely to avoid any damage in transit.
11.14Where postponement of delivery or collection is agreed with Varcurn at the Customer’s request the Customer shall, if required by Varcurn, pay all costs and expenses incurred as a result of such postponement (including a reasonable charge for storage and insurance of the Goods and interest on the Price of the Goods). The Goods shall be held at the Customer’s risk as from the time of postponement.
11.15If performance of the Contract is suspended at the Customer’s request or delayed through default of the Customer’s, including (without limitation) lack of, incomplete or incorrect instructions or refusal to collect or accept delivery of the Goods for a period of 14 days (fourteen days), Varcurn shall be entitled to payment at the Contract rate for Goods supplied or Ordered and any other additional costs thereby incurred including storage, insurance and interest PROVIDED THAT if the Customer fails to collect or accept delivery of the Goods or any part thereof within 7 days (seven days) of written notification from Varcurn that the Goods are ready for collection or delivery, Varcurn shall be entitled (without prejudice to any other remedies under the Contract for such breach) to sell or, at its option, destroy the Goods and to apply the proceeds of sale thereof if sold, and the scrap value if destroyed, towards payment of all sums due to Varcurn under the Contract.
11.16Varcurn shall be entitled to withhold or suspend delivery of any Goods where any amounts payable by the Customer are overdue on any account whatsoever, or where Varcurn has reasonable grounds for believing the Customer will not be able to pay the Price for the Goods or any other amount due to Varcurn, unless and until such amounts are paid in full, in cleared funds.
11.17Any liability of Varcurn for non-delivery of the Goods shall be limited to replacing the Goods and within a reasonable time reissuing a credit note for the pro-rata Contract rate against any Invoice raised for such Goods.
12. INTERNATIONAL DELIVERY
12.1Varcurn does not typically deliver Goods abroad, but is happy to discuss any requirements the Customer may have for international deliveries. If the Customer has any queries relating to international deliveries Varcurn can be contacted on 01209 610777/01209 614512. International Orders will not be accepted on-line.
12.2If the Customer Orders Goods for delivery to an international destination, the Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Varcurn has no control over these charges and cannot predict their amount.
12.3The Customer will be responsible for payment of any such import duties and taxes. The customer should contact its local customs office for further information before placing an Order.
12.4The Customer should indemnify Varcurn against all and any losses and costs for which Varcurn is required to pay in respect of, or incidental to the Order and referred to in Clauses 12.2 and/or 12.3.
13. RISK AND TITLE
13.1All Goods shall remain Varcurn’s property and legal and beneficial title to the Goods shall remain with Varcurn until the Customer has paid all sums due to Varcurn under the Contract and any other Contract in full in cleared funds.
13.2The Goods will be at Varcurn’s risk (including all losses for breakages and damage) from the time of delivery or collection. If the Customer arranges for Goods to be collected by a third party carrier, risk will pass to the Customer when the third party carrier collects the Goods.
13.3If the Customer receives Goods before payment is received by Varcurn in full, the following Clauses will apply:
13.3.1The Customer shall maintain in satisfactory condition and at its own risk and expense insure all Goods supplied by Varcurn from the date of delivery for their full replacement value against all the usual risks and keep all Goods safe and in good condition stored separately and clearly identifiable as Varcurn’s property with all identifying marks intact and legible.
13.3.2The Customer shall store or otherwise denote consignments of the Goods in respect of which legal title remains with Varcurn in such a way that the same can be recognized as Varcurn’s property and where the same type of goods have previously been supplied by Varcurn and in which legal title has passed to the Customer, the Customer shall ensure that such goods are lent, sold, hired or otherwise utilized in priority to the Goods supplied under this Contract. The Customer shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods.
13.3.3The Customer shall hold the Goods on a fiduciary basis as Varcurn’s bailee and may use or sell the Goods or any of them in the ordinary course of its business on the basis that any proceeds of sale shall be held in trust by the Customer for Varcurn absolutely until the Customer has paid all sums due to Varcurn under the Contract in full. The Customer’s rights under this Clause shall be conditional upon the Customer including a retention of title Clause substantially in the form of that contained at Condition 13.1 above in all Contracts entered into by the Customer for the sale of the Goods or any of them.
13.3.4The Customer’s rights under Clause 13.3.3 shall terminate immediately on notice from Varcurn or automatically on the presentation of a petition for the Customer’s winding-up or for the making of an Administration Order in relation to the Customer or if the Customer has a Receiver or Administrative Receiver appointed over any of its assets or undertaking or the Customer goes into voluntary liquidation (other than for the purposes of a bona fide reconstruction or amalgamation of a solvent supplier) or if the Customer ceases to carry on business or applies or proposes or makes any compromise, arrangement or voluntary arrangement with its creditors or is unable to pay its debts (within the meaning of Section 123 or 268 (as appropriate) of the Insolvency Act 1986) or upon the happening of any equivalent event under the laws of any relevant jurisdiction, or the Customer encumbers or in any way changes any of the Goods. The Customer grants Varcurn, Varcurn’s agents and employees an irrevocable licence at any time to enter into any premises where the Goods may be stored to recover them where the Customer’s rights to possess them are terminated.
13.3.5Varcurn and Varcurn’s agents and employees may at any time enter the Customer’s premises for the purpose of inspecting the Goods and identifying them as Varcurn’s property and the Customer irrevocably authorizes Varcurn to enter upon the Customer’s premises for that purpose.
13.3.6Upon the termination of the Customer’s powers of use and sale under Clause 13.3.3 above Varcurn shall be entitled at its option:
22.214.171.124to cancel all or any part of any Orders for Goods placed by the Customer and not yet delivered (whether or not accepted or whether or not under the Contract or any other Contract); and/or
126.96.36.199to deal direct with any of the Customer’s customers and/or to resell the Goods and any proceeds of any sale to such customers shall belong to us absolutely.
13.4On termination of the Contract, howsoever occurred, Varcurn’s rights contained in this Clause 13 shall remain in effect.
13.6Title and risk in any returned Goods (where title and risk has already passed) will not pass back to Varcurn until Varcurn is satisfied on receipt of the Goods, and on inspection, that they are in satisfactory condition and suitable for re-sale (or in the case of return due to defect, that the Goods are defective).
14. PRICE OF GOODS AND DELIVERY CHARGES
14.1If Ordering on-line, the Price of the Goods will be as quoted on Varcurn’s Website.
14.2Varcurn takes all reasonable care to ensure that the Price of Goods is correct. However, the Customer is referred to Clause 14.11 for what happens if Varcurn discovers an error in the Price of Goods the Customer Orders.
14.3The Price of Goods quoted does not include the cost of cases or other packing materials, the cost of delivery or insurance of the Goods in transit, which the Customer shall pay in addition.
14.4The Price of the Goods is exclusive of Value Added Tax.
14.5Any Estimate given by Varcurn is valid for a period of 30 days (thirty days) from the date it is issued, provided that Varcurn has not previously withdrawn it.This does not take in to account manufacturers price list updates that may affect an Estimate at the time of Order. Our sales team are happy to advise you when new price lists are due should this be of concern. All costs relating to fitting and commissioning should not be affected unless a different tradesperson has to be used and they charge more than the original one that was going to be used.
14.6The Price given to any particular Customer can be based upon many things such as a reduction in the price if it is a return Customer, discount for a trade Customer, or the Customer is purchasing a large amount of Goods, e.g. a large square meterage of tiles, or a few different Goods in which case Varcurn may reduce the normal price of the Goods accordingly. There may also be discounts available to Varcurn at the time from a particular Supplier which it can pass on to the Customer if it so wishes. In any case, if the Price given from one Customer to another is different there could be any number of reasons for that. The Customer is always welcome to ask why and Varcurn will let them know accordingly.
14.7Where the Price has been quoted based on stated production runs and specific delivery periods, we reserve the right to vary the Price for the Goods should the Customer Order different quantities from those stated and/or require delivery over a different period.
14.8Varcurn reserves the right to vary the Price of Goods without notice by any amount attributable to a change in or insufficiency of the Customer’s instructions, change of law, any variation in the cost of materials, labour, transport, duties, taxes, exchange rates or any costs of whatsoever nature between the date of the Contract and the date of delivery or completion of payment.
14.9If the rate of VAT changes between the date of the Customer’s Order and the date of delivery, Varcurn will adjust the VAT the Customer pays, unless the Customer has already paid for the Goods in full before the change in VAT takes effect.
14.10Varcurn’s delivery charges vary depending on the distance of the Customer’s delivery address either from Varcurn’s premises/its Suppliers premises, the weight of the Goods Ordered and the means of delivery used, including the type of vehicle. If Ordering on-line, delivery options and costs will be calculated as part of the Order process and the Customer’s available options will be made clear before the Customer places an Order (see Clause 11.6).
14.11Varcurn supplies a large number of Goods. It is always possible that, despite Varcurn’s best efforts, some of the Goods on Varcurn’s Website or published Price lists may be incorrectly priced. Varcurn will normally check Prices as part of its dispatch procedures so that:
14.11.1where the correct Price of Goods is less than the Price stated on Varcurn’s Website, or published Price list, Varcurn will charge the lower amount when dispatching the Goods to the Customer. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Customer as a mispricing, Varcurn does not have to provide the Goods to the Customer at the incorrect (lower) Price; and
14.11.2if the correct Price of the Goods is higher than the Price stated on Varcurn’s Website, Varcurn will contact the Customer as soon as possible to inform the Customer of this error and Varcurn will give the Customer the option of continuing to purchase the Goods at the correct Price or cancelling the Customer’s Order.
15.1Unless individual credit terms are agreed between Varcurn and the Customer, the Total Price of the Goods, including any delivery charges and VAT shall be paid for in full, in cleared funds, before any Goods are despatched.
15.2Payment for any bespoke Orders must be received in full and clear funds before the fabrication of such Orders will begin, unless otherwise agreed.
15.3If credit terms are arranged, Varcurn may, at its discretion, despatch goods sooner and agree payment no later than 30 days (thirty days) after the date of the Invoice.
15.4Varcurn shall be entitled at its sole discretion from time to time to require the Customer to pay up to a maximum of 100% (one hundred percent) of the Total Price of the Goods on the date the Customer submits an Order and/or up to the date that Varcurn notified the Customer that the Goods are available for collection.
15.5Where the Goods are delivered by instalments, the Customer shall be obliged to pay for each instalment upon the terms set out in Clauses 15.1 or Clause 15.2 as appropriate.
15.6The time stipulated for payment shall be of the essence and failure to pay within the period specified shall entitle Varcurn upon the expiration of 7 days (seven days) notice in writing, to suspend further performance of the Contract pending payment and in addition Varcurn shall be entitled, without liability, wholly or partially to cancel the Contract or any other Contract between the Customer and Varcurn without prejudice to any other remedy available to Varcurn. The Customer shall be liable for all cancellation, delivery and ancillary costs incurred by Varcurn arising in respect of any failure to make the payments due under the Contract.
15.7The Customer shall make all payments due under the Contract in full without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court Order requiring an amount equal to such deduction to be paid by Varcurn to the Customer as any monies due to the Customer under the Contract.
15.8Varcurn may at any time in its absolute discretion set off any payment made by the Customer in respect of the Goods to any outstanding debt owed by the Customer to Varcurn.
15.9All payments due to Varcurn under the Contract shall become due immediately upon its termination despite any other provision.
16. INTEREST FOR LATE PAYMENT
16.1Without prejudice to any other remedy which may be available to Varcurn hereunder or at law, if the Customer fails to pay the Total Price for the Goods in full (including any VAT and delivery charges) by the due payment date, the Customer shall pay to Varcurn during the period commencing on the day following the due date for payment and expiring on the day that payment is received by Varcurn in cleared funds, interest at the rate in force on the due date for payment pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on the total amount outstanding accruing on a daily basis until payment is made, whether before or after any judgment.
16.2If at any time the payment of any Invoice falls overdue, whether such Invoice is issued by Varcurn under this Contract or any other Contract, all Invoices issued by Varcurn under this Contract or any other Contract shall immediately become due and payable.
16.3The Customer shall on demand fully indemnify and hold Varcurn harmless against all charges, costs, expenses and liabilities incurred by Varcurn or its agents in the collection of any monies due from the Customer whether under this Contract or any other Contract.
17. VARCURN’S LIABILITY
17.1Subject to Condition 17.2 and Condition 17.3, the total liability of Varcurn to the Customer in respect of:
17.1.1any breach of these Terms;
17.1.2any use made or resale by the Customer of any of the Goods, are of any product incorporating any of the Goods; and
17.1.3any representation, statement of tortuous act or omission including negligence arising under or in connection with the Contract in Contract, tort (including negligence/statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price paid for the Goods, exclusive of VAT.
17.2Nothing in these Terms limits or excludes Varcurn’s liability for:
17.2.1death or personal injury caused by our negligence;
17.2.2fraud or fraudulent misrepresentation;
17.2.3breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.2.2defective Goods under the Consumer Protection Act 1987.
17.3Subject to Clause 17.2, Varcurn will under no circumstances whatever be liable to the Customer, whether in Contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.3.1any loss of profits, sales, business, or revenue;
17.3.2loss of production, opportunity or loss of bargain;
17.3.3loss or corruption of data, information or software;
17.3.4loss of business opportunity;
17.3.5loss of anticipated savings;
17.3.6loss of goodwill; or
17.3.7any indirect or consequential loss;
17.3.8any claim for loss, damage or any liability of the Customer to any third party.
17.4Except as expressly stated in these Terms, Varcurn does not give any representation, warranties or undertakings in relation to the Goods which may or may not come from the particular manufacturer of the particular Goods. Any representations, conditions or warranties which might be implied or incorporated into these Terms by statute, common law, or otherwise, save for the conditions implied by section 12 of the Sales of Goods Act 1979 is excluded to the fullest extent permitted by law. In particular, Varcurn will not be responsible for ensuring that the Goods are suitable for the Customer’s purposes.
17.5The Customer acknowledges and agrees that in entering into the Contract, it does not rely on, and shall have no remedy against Varcurn in respect of any statement, representation, or warranty given by any person or manufacturer relating to the Goods or their supply (including as to condition, quality, and fitness for purpose and conformity with any sample). All warranties implied by statute, common law, custom or otherwise as to the condition or quality of the good, or fitness for purpose of the Goods, or correspondence with any sample are hereby excluded.
18.1Varcurn shall be entitled at any time with immediate effect and without prejudice to any other of its rights under the Contract following a breach of the Contract by the Customer which is incapable of remedy, or a remediable breach of this Contract which the Customer fails to remedy within 14 days (fourteen days) after notice of the breach, or a series of persistent breaches of the same provision of this Contract and the Customer commits a similar breach within 14 days (fourteen days) after notice of the breaches to:-
18.1.1suspend further performance of the Contract, and of any other Contract between Varcurn and the Customer until the default has been made good;
18.1.2terminate the Contract or any other Contract between Varcurn and the Customer or any unfulfilled part of the Contract; and
18.1.3make partial supplies of the Goods.
18.2Notwithstanding such termination as set out in Clause 18.1 the Customer shall pay to Varcurn the Price for all completed work, all materials used and for all or any Goods delivered up to and including the date of termination (including VAT and the cost of delivery).
18.3The Customer shall on demand fully indemnify and keep Varcurn fully indemnified against any resulting loss, damage or expense incurred by Varcurn in connection with the supply or non-performance or termination of the Contract whether in whole or in part, including but not limited to the cost of any material, plant or tools used or intended to be used and the cost of labour and other overheads including a percentage in respect of profit.
18.4Either party shall be entitled to terminate the Contract immediately by notice to the other party if the following events occur in relation to the other party: the other party shall be made bankrupt, or if a body corporate, be dissolved, liquidated or wound up or have a petition for winding up presented against it which is not withdrawn within 30 days (thirty days) of its presentation or pass a resolution for voluntary winding up, or have a petition for the making of an Administration Order presented against it, or have a Receiver or Administrative Receiver appointed to the whole or a part of its undertaking or assets or convene any meeting of its creditors or make an arrangement or otherwise compound or compromise with its creditors or cease or threaten to cease trading or suffer any similar event in any jurisdiction relevant to that party.
19 FORCE MAJEURE
19.1Varcurn will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by an Force majeure Event, as defined below in Clause 19.2.
19.2If Varcurn is prevented or hindered from performing the Contract or any part of the Contract by circumstances beyond its reasonable control including (without limitation) acts of God, strikes, lockouts or other industrial action, inability to obtain materials or labour, power or machinery breakdown or failure, fire, flood, civil commotion, riot, protest, terrorism problem, war, natural emergency or any course of whatever kind and whenever occurring (“Force Majeure Event”), further performance of the Contract shall be suspended for so long as Varcurn is so prevented or hindered. Varcurn shall not have liability to the Customer for direct, indirect or consequential loss or damage suffered by the Customer because of delayed delivery, non-delivery or otherwise as a result of Varcurn’s inability to perform our obligations under the Contract by reason of any such circumstances.
19.3The Contract is not cancellable by the Customer upon the occurrence of a Force Majeure Event without the express written consent of Lee Curnow or other Authorised Person acting on behalf of Varcurn.
20 COMMUNICATIONS BETWEEN US
20.1Notices under this Contract shall be in writing by email or sent by hand, courier, registered post, first class post to the address of the other party (or any other address, which a party by notice states for this purpose). If the Customer gives notice verbally, they must also confirm in writing as above.
20.2Notices shall be deemed to have been received: if sent by email, hand, courier or registered post, on delivery; if sent by post, on the second day from but excluding the day of posting if sent to an address in the United Kingdom.
21 OTHER IMPORTANT TERMS
21.1Varcurn may transfer its rights and obligations under a Contract to another organisation, but this will not affect the Customer’s rights or obligations under these Terms.
21.2Unless otherwise stated, the Customer shall not without Varcurn’s prior written consent assign, transfer, sub-Contract, delegate, charge or mortgage or otherwise dispose of the benefit of this Contract or any of its rights, obligations or authorization under this Contract.
21.3This Contract is between the Customer and Varcurn. No other person shall have any rights to enforce any of its terms whether Contractual, statutory or otherwise whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21.4Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5If Varcurn fails to insist that the Customer perform any of its obligations under these Terms, or Varcurn does not enforce its rights against the Customer, or if Varcurn delays in doing so, that will not mean that Varcurn has waived its rights against the Customer and will not mean that the Customer does not have to comply with those obligations. If Varcurn does waive a default by the Customer, it will only do so in writing, and that will not mean that Varcurn will automatically waive any later default by the Customer.
21.6Varcurn shall not be considered to have given any consent or approval required under this Contract until it has been issued in writing.
21.7This Contract shall not operate so as to create a condition partnership or joint venture of any kind between the parties hereto.
21.8Any Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-Contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
21.9The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-Contractual disputes or claims).
1.The Estimate is based on measurements provided, and subject to change after template measurements are taken. Removal of existing worktops & units, plumbing, electrical, gas works are not included, unless specified and on the Estimate and/Invoice. The Customer should ensure that they check all measurements and quantities are correct as Varcurn cannot be held responsible for any inaccuracies or ommisions from the Estimate and/Invoice.
2.The Customer will arrange that on the day of templating all units are secured and appliances, taps, items that they require to be cut into the worktop are on site and any existing worktops and surrounding floor areas are completely cleared. Without this, templating cannot be completed and there is likely to be a re templating charge.
3. After templating the Customer will be asked to sign a form to confirm that everything is ok, or if they require any changes, these must be confirmed in writing by the Customer or their authorised representative to Varcurn’s email address firstname.lastname@example.org and accepted by Varcurn by email. Any changes in the Price will then also be emailed to the Customer in an amended Invoice as soon as possible.
4. Please note honed and leather/suede finishes are more susceptible to marking and should be looked after accordingly. Varcurn also recommend the use of a trivet as it is not recommended to place anything hot directly onto the surface (excludes Dekton and Lapitec).
5. Natural stone products such as granite, marble, limestone, travertine and slate will be subject to natural colour variations, imperfections and sizes from any samples presented. There may also be variations in Quartz stone (i.e. man-made products). Unless the goods are faulty, Varcurn accepts no liability for any variances in this respect.
6. Should any variation from the sample the Customer has seen be important to them they may inspect the product to be used at Varcurn’s yard or at its suppliers prior to cutting but otherwise the Customer will not be able to cancel its Order once the Goods have been cut. The Customer should let Varcurn know in writing if they require inspection so Varcurn can arrange this. By not choosing to check the material at least the day before templating the Customer is choosing to accept the material and no claim can be made.
7. Any alterations the Customer makes after templates have been made must be in writing and will be subject to an extra charge, and Varcurn cannot be held responsible if the changes or interpretation of the changes means the final product is incorrect. By sending a written change the Customer accepts this condition.
8. All Estimates are based on ground floor installations and can be subject to a site survey. For installations above ground floor level, a surcharge can be levied. It is the Customer’s responsibility to inform Varcurn of such locations when placing an Order to ensure correct pricing and deployment of suitable manpower. If the Customer fails to do so, they will be obliged to pay Varcurn a reasonable surcharge and any other costs associated with the delay and organising of suitable manpower in addition to the quotation Price.
9. Natural stone can have natural flaws, pockmarks, veining, pitting and irregularities therefore can never be guaranteed to remain consistent throughout the whole installation, some stones are resin treated at source to fill natural flaws and pockmarks but with some materials some pitting will remain this is normal (Refer to Clause 5).
10. Varcurn works within industry standard tolerances which include +/5mm on length, width, depth and thickness; the worktops may need to be shimmed up with packers, adjusting the thickness to suit the installation. This may also appear as a slight bow in the upper surface of the stone, which might cause a slight unevenness across the joints.
10a. Silestone needs to have a 5mm gap between the back of the worktop and the wall, this is for expansion and is a condition of their warranty. The Customer should take this into account when planning their kitchen especially if they are envisaging not having upstands.
10b. Most stones as standard have a semi rough underside. Varcurn’s price should include honing smooth the first 50mm of the worktop but no more than this. If the Customer requires the underside to be fully polished please call to discuss with Lee Curnow as on some materials like Silestone removing the brand name printed on the underside could void the warranty.
11. Varcurn will not Price for the following points as listed (unless it clearly states otherwise on the Invoice) but these points have to be addressed and complied with by the Customer and/or by the Customer's appointed Contractor: a) Access to Water and electricity within 10m of the installation b) Unrestricted and unconditional access to the property will be provided at all times. c) Parking adjacent to the property must be provided. Parking permits, if required, must be organised in advance. In the event that they are not made available the Customer will be liable for all additional costs incurred, including any and all parking charges and fines incurred, and time in finding parking. d) Protection of all fixtures and fittings which are not required to be removed during the execution of the works. Varcurn accepts no liability of failures in this respect through lack of protection, the materials it installs are heavy and some damage could occur. e) Builder’s work, or any form of general preparation required prior to installation, unless otherwise specified. f) Electrical, plumbing or carpentry work unless otherwise specified. g) Clearing site of debris unless otherwise specified h) Drawings, consents or local authority fees etc. i) Any delays, which are beyond Varcurn’s control, preventing its operatives from carrying out the works specified or delivering the Goods on the dates and times specified, or the Customer and/or their agent or representative failing to give instructions for any extra works as requested. Varcurn will levy a charge of £ 40.00 + VAT per hour per tradesman. Should it not be possible to redeploy the operatives to another job a charge for a full 8 hr day will be made. Subject to the above we will make our best efforts to complete the agreement within a reasonable time. Delivery/installation and completion dates mentioned in any Estimate or quotation or elsewhere are approximate only and not of any Contractual effect and Varcurn shall not be under any liability to the Customer in respect of any failure to deliver or complete on any particular date or dates. J) We do not do any timber works, or adjust cabinets, disconnect or reconnect any plumbing unless expressly agreed and charged for.
12. The Customer is advised to please take notice of their Estimate as Varcurn will have made assumptions as to joint location. If the Customer changes this on templating then the price might change and if more material is required then a delay will be incurred.
13. The colours and pattern within a worktop can look different once installed. This may be due to the worktop moving in different plains, the lighting and the other influences in the room. No claim can be made on this account.
14. Breakages can and do occur in the manufacturing process and delays can sometimes result. Varcurn will endeavour to finish the fabrication of the worktop within a reasonable time although indicated timescales, on rare occasions, may have to be revised in light of such breakages. No claim can be made on this account.
15. Sometimes ‘Jenny’ marks are left in the surface of the slab. These occur as a result of the polishing process and cannot always be avoided. By contracting with Varcurn the Customer accepts that such marks may appear and agree to accept the slab in full consideration of this agreement.
16. Laminate worktops and wooden worktops are not guaranteed against damage caused by ingress of water. Varcurn recommends that timber worktops are oiled every 6-8 weeks for the first year, or as and when it is deemed necessary. A good guide to judge whether it is required, is using small beads of water. If they sit on the surface of the worktop without soaking in, then the timber is sufficiently protected.
17. In the case of supply only Varcurn recommends Rustin’s Danish Oil as this product is food safe for the kitchen environment. Each wooden worktop will require 3 coats on the top & bottom and 6 on the edges, with drying time in between each coat. Depending on the temperature and humidity of the room, this can take up to 6 hours. Re-oil cut edges before installation.
18. Varcurn recommends that all wooden worktops are oiled immediately upon receipt. Installation should be carried out as soon as possible after delivery. However, if storage is necessary, after oiling the worktops must be laid flat and fully supported in their original packaging. Worktops must not be placed directly onto the floor, but instead separate the floor and the worktop with battens. Battens must also be used to separate multiple worktops stored together. The Customer should ensure the storage area is indoors, has a stable humidity, and will not be subject to extremes of temperature.
19.1 As all Orders are made to individual requirements, Orders cannot be cancelled or changed after the worktop has been cut, unless Varcurn is in breach of its obligations to the Customer.
19.2 If the Customer wants to cancel their Order or change the material or colour they must tell Varcurn in writing. If this is after the slab(s)have been ordered from Varcurn’s supplier a restocking charge for the slabs of 20% (twenty per-cent) of the Order value will be payable by the Customer to Varcurn.
19.3 If, after Varcurn has carried out a survey, and this is unsatisfactory, Varcurn reserves the right to cancel the Customer’s Order after giving a full written explanation of the adverse conditions encountered. Varcurn will also refund all money deposited by the Customer.
20.1 Unless otherwise requested the Customer must pay a deposit of the total Price minus delivery & fitting upon Order or at the very least at the time of template (this must be cleared funds, if paying by cheque the Customer needs to pay 7 days (seven days) prior to templating to ensure cleared funds). The balance must be paid upon the day of fitting.
20.2 All products remain Varcurn’s property until the Customer pays in full. Varcurn therefore reserves the right to remove the goods, whether installed or otherwise, if they are not paid for in accordance with the Contract between it and the Customer.
20.3 Anyone who places an Order with Varcurn on behalf of a limited company or any other company agrees to be jointly and separately liable to Varcurn, so Varcurn can demand payment from that person as well as from the limited company or company.
21. Delivery & Fitting:
21.1 Varcurn does its best to keep to delivery & fitting dates but these can be subject to change depending on its schedule and its Suppliers schedules. Varcurn will endeavour to deliver & fit all goods on the agreed date but cannot be held responsible for any delays. Any change of Order may impact on the delivery date and this should be confirmed when amending an Order.
21.2 In the event of any one or more items being out of stock, Varcurn will inform the Customer and give an estimated delivery date.
21.3 If the Customer requires delivery only of the product with no fitting by Varcun, this will be to a mainland UK address only, and is just for delivery i.e. you are responsible for unloading the vehicle. If no one is available at the address at the time of delivery, the driver will retain the Goods, and Varcurn will await further instructions. There may be an extra delivery charge in this situation, which must be paid before re-delivery. If the goods are to be left without the Customer being present, then full payment must be received prior to delivery, and Varcurn cannot accept responsibility for incorrect delivery or loss of Goods when the Customer is not present to accept the Goods.
21.4 Varcurn shall have no liability to the Customer for any failure or delay in supply or delivery that is caused by events or circumstances beyond Varcurn’s reasonable control.
21.5 Most Orders will be delivered by lorry or large van so it is important that the Customer tells Varcurn about any restrictions on access at the time of the Customer’s Order.
21.6 All deliveries will be delivered to the address stated on the Order and this will typically be kerbside delivery, depending on the vehicle used. If kerbside delivery is not suitable for the Customer they must inform Varcurn at least seven days prior to delivery.
22.1 Any claim made by a Customer for faulty or poor workmanship must be notified to Varcurn within 7 days (seven days) of the installation and should be made to Varcurn in writing, or if made verbally then confirmed in writing.
22.2 Varcurn may charge the Customer reasonable costs if there is no defect or the defect is not Varcurn’s responsibility.
23.1 If the Customer has notified Varcurn of a problem, Varcurn will either make good any shortage or non-delivery; replace or repair any Goods that are damaged or defective upon delivery; or refund to the Customer the amount paid by them for the Goods in question.
23.2 Varcurn shall have no liability to pay any money to the Customer by way of compensation other than any refund it makes under these conditions. Varcurn’s liability to the Customer shall not in any event include losses related to any business of theirs, such as loss of profits or business interruption; nor payment to any tradesperson working at their home for delays incurred; neither will Varcurn be responsible to the Customer for any other loss which is not a foreseeable consequence of Varcurn being in breach of these Terms and Conditions or its legal duties.
Subject to the General Terms & Conditions above;
1. Whilst Varcurn will do its best to deliver and fit within the timescales indicated to the Customer, it shall not be liable for any loss or delay.
2. The Customer will be responsible for insurance of all goods once they have been delivered to site.
3. All kitchen materials may have slight variations in colour, grain or texture and, in accordance with Varcurn’s Terms & Conditions, will be deemed acceptable by the Customer.
4. Title to the goods shall not pass to the Customer until the goods are paid for in full. Varcurn therefore reserves the right to remove the goods, whether installed or otherwise, if they are not paid for in accordance with the Contract between it and the Customer.
5. The work to be carried out will be as per the specification on the Invoice agreed. All illustrations are for demonstration purposes only and this is not a sale by sample only.
6. Plumbing, electrics, plastering, painting, decorating, flooring, tiling, adhesives, taps, sinks etc are not included in the Estimate/Invoice unless expressly stated.
7. The Customer warrants that the premises are structurally suitable for the installation proposed. Unless otherwise stated any Estimate/Invoice for fitting assumes that the kitchen is cleared so far as is possible and any items to be retained are removed by the Customer.
8. Existing wall tiles and floor coverings must be removed, suitably located hot and cold water supplies and drainage must be provided and stop taps must be accessible and in good working order.
9. In the event of plastering works being undertaken, the Customer must be aware that ‘patch up’ plastering may not be suitable for over painting.
10. If applicable, a suitably located gas supply point must be available. All pilot lights must be correctly turned off. It is the Customers’ responsibility to relight all pilot lights. In the event that these conditions are not met Varcurn reserves the right to make an additional charge for any works necessary to enable the installation to proceed.
11. The Customer shall give employees of Varcurn and their agents access to the premises at all reasonable times for the purpose of inspecting the same, delivering and installation.
12. If required by Varcurn the Customer shall make sufficient space available prior to delivery for the worktop and/or kitchen to be stored between delivery and commencement of installation.
13. The Customer’s plan, with the exception of supply only, will be checked again before manufacture, small changes in size may be made in the interest of obtaining a satisfactory fit.
14. In the case of supply only, it is the Customer’s responsibility to ensure the fitter used is competent and adequately qualified to install rigid kitchen units and appliances. Varcurn can accept no liability for faulty goods as a result of poor fitting.
15. Varcurn reserves the right to exchange goods for others of a similar specification in the event of unavailability.
16. Varcurn reserves the right to amend the Invoice and plan in the event of any unforeseen circumstances arising or problems manifesting themselves upon installation. This also includes any extras that the Customer requests after the Invoice has been issued.
17. Customers are advised to check all sizes on plans and listings prior to ordering. Varcurn accepts no liability for goods not fitting or being unsuitable in the case of supply only.
18. In the event of Orders placed from architects plans (extensions, modifications and new builds) the Customer is responsible for checking that built sizes after plastering comply exactly with the final kitchen plan sizes given. Varcurn strongly advises that Customers continuously monitor and check sizing and advise of any discrepancy in good time for alterations to be made prior to manufacture.
19. Varcurn accepts no liability for goods not fitting if internal dimensions have changed without ample notification. Any on-site modifications will incur an additional charge.
20. Where the Customer undertakes to supply items or appliances it is their responsibility to ensure they are the correct size and specification. They must be available on site at the commencement of the installation. If for any reason the customer fails to have them available, causing the installation work to be delayed, any resultant cost incurred by Varcurn must be borne by the Customer.
21. Customers supplying machines or equipment requiring power points, plumbing or venting, must ensure that this work is mentioned in the Estimate and Invoice and that they have supplied with the machine or equipment the relevant installation or venting kits.
22. Where the Estimate and/or Invoice includes the ducting of an appliance or installation of a waste disposal unit, Varcurn reserves the right to withdraw or amend this option if installation proves to be impractical or unsuitable.
23. It is the Customer’s responsibility to provide a skip to allow for the safe disposal of existing kitchen units, worktop, all appliances and all packaging. Should the Customer wish to keep existing kitchen units/appliances etc this must be made clear to Varcurn at point of sale, as additional costs may be incurred. Varcurn will not be liable for any damage to existing kitchen units/appliances during their removal.
24. It is the Customer’s responsibility to contact the local Council to arrange collection of unwanted refrigerators and freezers.
25. Varcurn will endeavour to minimise inconvenience to the Customer at all times, however by nature of the work Varcurn cannot be held liable for accidental damage, however caused, to existing property. Customers retaining existing floor covering or wall tiling must be aware that patching up work may be required before and/or after installation at the Customers expense.
26. Electrical points must be correctly positioned to suit the plan and of a suitable loading for appliances.
27. Should the Customer wish to make changes to the Order they are subject to the approval of Varcurn, any costs and/or delays incurred by Varcurn arising from such changes must be borne by the Customer.
28. Payment of a Kitchen Order is to be made by way of a 50% (fifty percent) deposit of the total Price unless otherwise requested. In any case the Price must be paid in full upon the day of delivery of the kitchen to the Customer’s address or to Varcurn’s premises. All fitting costs must be paid in full on the day of completion of works.
29. Deposits are non-refundable except in extenuating circumstances, to be decided at Varcurn discretion.
30. In the event of cancellation, and/or delay, charges will be applicable in accordance with the stage of the Order, to indemnify Varcurn against all losses. Additional charges for administration, design works and/or fitting costs, including lost time, may be applied at Varcurn’s discretion. The Customer is required to confirm their reason for cancellation in writing and send it by email to email@example.com and a follow up phone call to Varcurn’s offices to discuss with Justin Winters, Andy Taylor or Lee Curnow.
31. Full balance payment for goods will become due if installation/delivery is delayed by more than 4 weeks (four weeks) from the installation date given.
32. All furniture, and certain appliances, are specifically manufactured to Order only and therefore cannot be returned for refund. All other equipment returned for credit or exchange must be complete and in original packaging and will be subject to a 30% (thirty percent) restocking charge.
33. No claims for damaged goods will be accepted unless notification is given in writing at head office within 48 hours (fourty-eight hours) of delivery or final installation (see Clause 10 of the General Terms & Conditions).
34. All items supplied are covered by individual manufacturers warranties, which are effective from the date of delivery/installation. Installation is guaranteed for 12 months (twelve months) from the completion.
Fires & Stoves
Subject to Varcurn’s main Terms & Conditions above:
1. Payment of a Fire or Stove Order is to be made by way of a 50% (fifty percent) deposit of the total Price where Varcurn is also carrying out the installation (unless otherwise requested). If supply only the Price must be paid in full upon order unless agreed otherwise. In any case the Price must be paid in full upon the day of delivery of the Fire or Stove to the Customer’s address or to Varcurn’s premises. All fitting costs must be paid in full on the day of completion of works.
2. If Installation costs have been quoted separately from the Goods they must be paid to the installers on completion of their works and will be invoiced separately from the Goods.
3.Title to the goods shall not pass to the Customer until the goods are paid for in full. Varcurn therefore reserves the right to remove the goods, whether installed or otherwise, if they are not paid for in accordance with the Contract between it and the Customer.
4.Goodswill have individual manufacturers warranties. Customers should fill in and send back the required paperwork to the manufacturer to activate the warranty for the product when applicable. Customers should read through and note all manufacturers advice and when a warranty could become null & void. All Warranties & Guarantees are only valid once the balance of the Order is paid.
5. All working fireplaces & flues old & new, gas & solid fuel must be serviced and or swept at least once every 12 months (wood/coal fuels may require 1-2 sweeps per year depending on level of use). Failure to do so may result in the appliance becoming unsafe and faulty and any warranty becoming null & void. When burning solid fuels i.e. wood please ensure you are using a good supply that complies with the manufacturers recommended associations and moisture content. Non-approved fuels and damp fuel can damage an appliance/flue liner and will invalidate your warranty.
6. Uncompleted works; Varcurn requires 48 hours’ notice from the Customer if they would like to reschedule their installation dates. Failure to do so will result in a minimum expenses charge of £275 +VAT to cover costs of expenses and engineers the time where this could have been better utilised with more notice. Customers should ensure that they are ready for their fireplace to be installed and that Varcurn’s works coincide with any other scheduled works that the Customer may have. Varcurn requires clear access to the working areas inside and outside of the property, and gas supplies must be live when applicable. If Varcurn cannot complete due to any of the previous reasons a minimum expenses charge of £275 +VAT will be charged. If works are not completed within the time allocated due to unforeseen circumstances Varcurn will endeavour to complete at the soonest opportunity and Varcurn cannot be held responsible for this.
7. Site visit/Site survey: the survey carried out by Varcurn or it’s installers/agents is a free of charge (subject to location), no obligation appointment to advise and confirm what fireplace and flue type is required also what work will be involved to complete an installation in principal. Varcurn and its installers/agents cannot take responsibility of unforeseen problems that might occur during installation. In the event of unforeseen problems that may occur during installation Varcurn’s installers/agents can only advise what will be required to resolve the problem to complete the installation. Varcurn can then confirm any additional time & monies required to complete the installation.
8. All existing chimneys; that are intended for use with a new appliance should be swept and tested prior to installation or Order. Any chimney caps, unsuitable cowls or blockages should be removed at this time. Varcurn will not be responsible for existing faults in the Customer’s chimney, pot or stack due to previous construction or weathering. Any remedial works & costs required will be advised during, before or on completion of our installation. Smoke spillage tests can only be carried out once an installation is completed, and appliance is functional.
9. Installation of Liners; when installing a liner using roof ladders the installation is weather permitted. In the event of bad weather such as extreme high winds, heavy rain snow/icy conditions Varcurn must reschedule the installation to the next available installation date which may cause a delay in completion. In some circumstances it is unsafe to use ladders to work at higher or difficult levels, Varcurn advises the hire of scaffolding or lift equipment to allow us safe access to complete works required. It is at the installer’s discretion to confirm if ladders are safe to use or if additional equipment will be required. Varcurn endeavours to install the liner with minimal disruption to the existing chimney stack. Chimneys of poor original design & construction may require holes to be made between the external stack to the ground floor fireplace so the flue liner required can be routed around sharp bends. Any holes opened into the stack will be re plastered ready for redecoration. In most circumstances the above events are highly unlikely and not common, but we cannot for see the flues full construction until work commences.
10. Constructional hearths; Solid fuel appliances require constructional hearths that are usually present to the chimney construction. Varcurn cannot be held responsible for existing constructional hearths. Customers should ensure that their constructional hearth is sound of construction and no issues of damp are present. Damage or staining to any superimposed hearth that Varcurn supplies will not be covered if caused by existing problems with Constructional hearths. Varcurn cannot take responsibility for damp as it is not qualified to identify damp or carry out remedial works required to resolve any issues.
11. Existing plasterwork; Old or existing plasterwork will be made good by Varcurn’s installers to a pre-decorated finish which will require a professional decorator to finish following our installation if required. Where ‘making good’ to an area of plasterwork on installation Varcurn can only take responsibility of a specific area to which it is working usually 150mm beyond the new fireplace installed in all directions of the wall. In the event of unsound plasterwork that has become loose or unsound through age Varcurn can only advise that a professional plasterer is consulted for remedial works.
12. Gas supplies; when Varcurn has organised for a Gas Safe Engineer to do works and they are installing a new gas appliance to an old gas supply it cannot take responsibility for any faults or insufficient pressure from the existing supply. In circumstances of very old gas pipes that have been redundant or unconfirmed as live Varcurn advises that its Gas Safe Engineer carries out an inspection to assess the supply before Order or installation. Its gas connection for an existing supply is subject to the gas point being no more than 1 metre away. Varcurn advises that if the Customer is organising their own gas fitting, they should always use a Gas Safe Engineer who is registered as such and should check their credentials.
13. When Varcurn’s Hetas Engineer carries out works under the Order they will endeavour to provide the Hetas Certificate to the Customer as soon as possible after the works are completed.
14. Existing chimney stacks and terminals; Varcurn cannot be held responsible for the conditions of existing chimney stacks and terminals. Varcurn’s works do not include the refurbishment, re-pointing or replacement of chimney stacks, pots and cement based works, unless it has quoted to do so.
15. Varcurn cannot confirm the condition of a chimney stack at the time of survey, if it identifies a problem with an existing chimney stack and or terminal at the time of installation it can only advise what works should be carried out, and it can only carry out works quoted and paid for at this stage.
16. Cast iron, antique cast iron and second hand goods; Imperfections of cast iron is part of the process of the material, in its natural state when polished it can become vulnerable to extreme temperatures from solid fuel fires and moisture, this will result in discolouration of the surface. Polished cast iron requires oil to protect & clean its finish. When purchasing from Varcurn’s antique stocks or second hand goods the Customer should ensure they have thoroughly checked the product for any damages as they are very old and can be damaged from previous use, installation and removal. Some items are over 150 years old and this is part of their unique character and appearance. Varcurn cannot take responsibility for damages once the fireplace has been installed. Bowed surfaces and a tolerance of 2-4mm from given dimensions is acceptable for cast iron.
17. Natural Stone (including slate, marble, limestone, travertine, granite and any other natural stone) and Wood; these natural materials can have unpredictable markings, graining, shades & colour. They can also have veining and lines small open crevices and gaps. The material is checked and worked where required but the nature of the product is naturally formed and can vary from order to order. Bespoke orders cannot be exchanged or credited. Varcurn advises that the material is viewed before manufacturing where possible or before installation. A 2-4mm tolerance of given dimensions is acceptable for these materials due to manufacturing and installation.
18. Flooring and skirting boards; Installation does not include any making good/decorating to floorings or skirting boards. These amendments if required must be made following installation and where special circumstances are required Varcurn can confirm what will be required. Existing carpets that will be remaining following our installation should be rolled back away from the fireplace area and re installed following Varcurn’s installation.
19. Title to the goods shall not pass to the Customer until the goods are paid for in full. Varcurn therefore reserves the right to remove the goods, whether installed or otherwise, if they are not paid for in accordance with the Contract between it and the Customer.
20. No employee has the right to change or amend these Terms & Conditions without the written consent of Lee Curnow.