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S T O N E    M A S O N S

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1.  A quotation from H G Blatcher Ltd is an invitation of an order subject to these conditions.  Any addition to deletion or variations of these conditions will be binding only if expressly confirmed in writing by H G Blatcher Ltd.

2. Quotations are based on the current costs of production and are subject to an amendment by H G Blatcher Ltd. on or at any time after acceptance to meet any rise or fall in such costs.

3. H G Blatcher Ltd. shall be entitled to charge the amount of any VAT payable whether or not included on the quotation or invoice.

4. Work produced whether experimentally or otherwise, at customer’s request will be

charged for.  No work will be undertaken on a speculative basis unless agreed in writing by

H G Blatcher Ltd.

5. Estimates are based on copy originally submitted.  Alterations in composition or

 layout are an additional charge.

6. Proof of all work may be submitted for customer’s approval and no responsibility can be accepted for any errors in proofs marked “OK” or “OK” with marked corrections and signed by the person responsible for passing the work.  No responsibility can be assumed for telephoned alterations.

7. (a) Delivery or performance dates or periods are only best estimates and

         H G Blatcher Ltd.  is not liable for the consequences of any delay.

8. Delivery of work shall be accepted when tendered and thereupon or on notification that the work has been completed the ownership shall pass and payment become due.

(c) H G Blatcher Ltd.  may despatch any portion of the work as soon as it is ready and payment for that portion shall become due in accordance with H G Blatcher Ltd. terms of payment as soon as delivery has been effected.

(d) Should expected delivery be agreed and necessitate overtime or other additional cost an extra charge may be made.

(e) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days H G Blatcher Ltd. shall be entitled to payment for work already carried out and materials specially ordered.

9. Any query by the Customer on an invoice must be made in writing within 30 days of the invoice date.

10. In the event of default in payment, interest will be charged on all sums overdue at the rate of 4% above bank rate, calculated from day to day, to run both before and after judgement.  Further, in default of payment in respect of this or any other order, H G Blatcher Ltd. reserves the right to suspect delivery or terminate the contract in respect of any other delivered work.

11. Claims arising from damage, delay or partial loss of goods in transit must be made in writing to H G Blatcher Ltd. and the carrier so as to reach them within three days of delivery and claims for non-delivery within 28 days or despatch of the goods.  All other claims must be made to H G Blatcher Ltd. within ten days of delivery.

12. (a) H G Blatcher Ltd. shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit.

(b) Where work is defective for any reason, including negligence, H G Blatcher Ltd.  liability (if any) shall be limited to rectifying such defect.

13. Work delivered will not be accepted for return without prior written consent of H G Blatcher Ltd. and receipt of the customer’s advice note stating reason for return and date and number of H G Blatcher Ltd. invoice for the work.  All work returned must be securely packed and unless H G Blatcher Ltd. instructs carrier effecting the return, must be consigned carriage paid.

14. Without prejudice to other remedies, H G Blatcher Ltd. shall in respect of all unpaid debts due from the customer, have a general lien on all goods and property it has produced (i.e. finished stone and lettering ) and shall be entitled on the expiration of 14 days notice to dispose of such goods or property as it thinks fit and to apply an proceeds toward such debts.

All intermediate and preparatory materials remain the property of H G Blatcher Ltd.

15. (a) H G Blatcher Ltd. shall not be required to produce any matter which in its opinion is or maybe of an illegal or libellous nature.

(b) H G Blatcher Ltd. shall be indemnified by the Customer in respect of any claims, costs & expenses arising out of any libellous matter inscribed for the Customer or any infringement of copyright, patent or design.

16. (a) H G Blatcher Ltd. shall not be liable to the Customer to the extent that fulfilment of its obligations to the customer has been prevented, hindered or delayed by force measure as herein defined.

(b) For the purpose of this condition force measure shall mean any circumstance beyond the control of H G Blatcher Ltd. and shall include (without restricting the generality of the foregoing).

(1) Risks, civil commotions, war, rebellion, national or international emergency, power failure, strikes, lockouts or other labour disputes.

(2) Destruction or damage due to natural causes, floods, fires, explosions or breakdown of machinery.

(3) Any order of a local, national or international authority.

(4) Shortage of labour, equipment, materials or supplies.

17. No relaxation forbearance or delay by H G Blatcher Ltd. in enforcing of any of these terms and conditions herein shall prejudice, affect or restrict the rights of H G Blatcher Ltd. hereunder nor shall any waiver by H G Blatcher Ltd.  of any breach operate as a waiver of any subsequent or continuing breach thereof.

H G Blatcher Memorial Masons Ltd. Terms and conditions