Tel: 01773 540704 / 01773 608659 

 Email: info@acanthuscaststone.co.uk 



Welcome to the Acanthus Cast Stone online store. Here you will find all of our products which are available to purchase online.
click HERE to view our entire range, including bespoke products

  • Warranties and Liability

    (i) Subject to the conditions set out below the Seller warrants that the Goods will correspond with any specification of the Goods forming part of the Contract at the time of Delivery and at the time will be free from defects (except minor defects) in material and workmanship.

    (ii) The above warranty is given by the Seller subject to the following conditions:

    (a) the Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer;

    (b) the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, incorrect movement, installation or erection, failure to follow the Seller's instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Seller's approval.

    (iii) In the event of loss or damage occurring to Goods during transit where the Goods are transported by the Seller or its carrier the Buyer must give written notice to the Seller within two working days of the date of Delivery and further where such Goods are consigned by a carrier of the Seller the Buyer must in addition comply in all respects with that carrier's conditions of carriage for notification for omissions from the Delivery or loss or damage in transit. The Buyer must give written notice to the Seller within three working days of receipt of invoice if the Goods have not been delivered by the Seller or its carrier to the Delivery Address. Failure to give written notice pursuant to this sub-clause shall mean that the Buyer shall be deemed to have accepted the Goods as being in good order and in conformity with the Contract.

    (iv) Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not Delivery is refused by the Buyer) be notified in writing to the Seller within 7 days from the date of Delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If Delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the Price as if the Goods had been delivered in accordance with the Contract.

    (v) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods ( or the part in question) free of charge or, at the Seller's sole discretion, refund to the Buyer the Price of the Goods (or a proportionate part of the Price), but the Seller shall have no further liability to the Buyer.

    (vi) Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
    All shipments/deliveries using an external haulage company, any delivery dates and/or times are given in good faith. Acanthus Cast Stone Ltd cannot be held responsible for any possible contra charges resulting from delayed or failed deliveries.

    (vii) The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of delay in performing, or any failure to perform, any of the Seller's obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:

    (a) Act of God, explosion, flood, tempest, fire or accident;

    (b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;

    (c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

    (d) import or export regulations or embargoes;

    (e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or a third party);

    (f) difficulties in obtaining raw materials, labour, fuel, parts or machinery;

    (g) power failure or breakdown in machinery.

    (viii) SUBJECT AS EXPRESSLY PROVIDED IN THESE CONDITIONS, AND EXCEPT WHERE GOODS ARE SOLD TO A PERSON DEALING AS A CONSUMER (WITHIN THE MEANING OF THE UNFAIR CONTRACT TERMS 1977), ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

    (ix) WHERE THE GOODS ARE SOLD UNDER A CONSUMER SALE (AS DEFINED BY THE CONSUMER TRANSACTIONS [RESTRICTIONS ON STATEMENTS] ORDER 1976) THE STATUTORY RIGHTS OF THE BUYER ARE NOT AFFECTED BY THESE CONDITIONS.

    (x) Save for liability for death or personal injury resulting from negligence of the Seller the Seller's aggregate liability under any one claim or under the total of all claims arising from any one act or default of the Seller howsoever such claim or claims arise (be it by negligence, breach of contract, misrepresentation or otherwise) shall in no circumstances exceed one and a half (1.5) times the Price of the Goods which are the subject of the claim.