It is your responsibility to check that all details relating to your order are correct and provide us with all the relevant information relating to the environment in which the Goods are intended to be used and for their delivery.
It is important that you check your measurements carefully. An order should allow for wastage to cover cutting and minor imperfections as could be expected with the type of tile whether it is ceramic, porcelain or natural stone. If you do not order enough, may not be exactly the same as the original goods, due to the nature of natural stone, or the batch variation in tones, colours and shading regarding ceramics and porcelain.
We can provide estimates of quantities of Goods from architects plans printed to scale or site visits as part of our consultancy package and as a matter of course will add 10% to our measurements for wastage. This additional 10% is non-returnable. It is your responsibility to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as the consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.
In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply in this agreement between us.
Any advice given by us or our staff relating to fixing products and installations is given in good faith but should be used as a general guide only as we have not carried out a survey of the installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter. We cannot be held responsible for the manner of the installation of the goods or for the damage caused during or arising out of the installation.
Description and Samples
All descriptions, images (both in print and on the internet) and for the purpose of giving an approximate representation of the Goods only.
You acknowledge that the Stone Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments which are beyond our control. You should be aware that Stone may easily be scratched and / or be subject to natural pitting / chipping. We advise you to view as much of the Stone Goods as possible before entering into this agreement.
You acknowledge that Ceramic and Porcelain tiles are subject to batch variations and we cannot guarantee that subsequent deliveries will match.
The Price is the price indicated as inclusive of VAT but excludes delivery charges which you must pay in addition. We reserve the right to change the price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like.
Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds for the full order amount including delivery.
International payments must be paid in GBP by BACS Transfer – no other international payment methods will be accepted.
To apply for a Trade Credit Account, in the first instance please submit your enquiry via email to [email protected].
Successful Trade Account applications are on a pro-forma basis for the first three orders with a minimum order value of £1000.00 for each purchase. After which, a review will take place before any Credit Terms are agreed.
Credit Account customers who fail to pay will be liable to pay interest on the Total Price from the due date until you make the payment, at a rate 2% above the base rate of Lloyds TSB Plc on a daily basis.
Bespoke Tile & Stone Orders
Products which are not standard and are therefore specifically ordered for you or are fabricated for you must be paid for in full at the point of order and cannot be cancelled after the order / fabrication process has started. If we do agree to cancel the order, you will not be reimbursed.
Tail Lift Delivery
Large Items such as our Flooring / Paving are heavy and will be delivered by a pallet courier on a tail lift lorry. Foras reserves the right to use a third party pallet delivery service to deliver products.
The extra charges applied to this service are to ensure that the product(s) reach you in perfect condition. You will be contacted within 3-5 working days from point of order to arrange a mutually convenient delivery date. We shall endeavor to have your order delivered to the delivery address on the delivery date, but time for delivery is not the essence of this agreement. We use an independent delivery company for which we are not responsible so cannot guarantee delivery times. Please note that this is not a two man delivery service and so we ask that a responsible person is available to sign for the delivery/ acceptance of product between 9.00am-5.30pm.
The order will be off-loaded at the nearest accessible point to the delivery address at the discretion of the driver, which may be kerbside. The driver will not handle the goods further. However in the event of the customer requires us to deliver on their private property, we will deliver subject to the Customer indemnifying Foras against all damages.
The Customer is responsible for informing Foras as to the nature of the delivery address of the delivery address road surface and road access to the property. The address needs to assessable via a large tail lift lorry. If you have restricted access or driveway we need to know.
We can make changes to the nominated vehicle to accommodate you but we will need to know in advance so that you do not incur a re-delivery charge cost will be determined by the delivery region / depot
Some surfaces (such as gravel or loose, uneven or sloping ground) are not suitable for a pallet truck. If the point of delivery is unsuitable for delivery by pallet truck and we are unable to make the delivery due to this, the customer will be liable for additional delivery charges.
Non UK Mainland, various Scottish Postcodes, EU and Non EU will be charged the same fee paid for the initial delivery.
Should Foras a) not receive delivery instructions or b) be unable through no fault of Foras to effect the delivery within 30 days after notification to the Customer that items are ready for dispatch, the Customer shall take delivery or arrange for storage. Should the customer fail to take delivery for storage, we shall be entitled to arrange storage either at our own warehouse or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by the Customer.
If in the opinion of Foras and our third party pallet delivery service, the ground or access which delivery or unloading is required is unsuitable for safe passage Foras may refuse to deliver or deliver to the nearest accessible point.
The Customer shall indemnify Foras in respect of any claim for loss or damage from unloading of the goods.
If you request your goods to be left unsigned please note this is at your own risk and you may not be protected by the terms and conditions of the delivery.
Carriage is chargeable on all despatches where the Company undertakes delivery. When the Customer requests delivery by a specific carrier any difference in cost between the Company’s normal method of carriage and that requested will be payable by the Customer.
The Hi-Ab mounted vehicle service effectively removes the need for a crane on-site which saves time and money, making it ideal for tough conditions such as uneven ground present on construction sites, as well as being more hardy than a traditional crane to environmental conditions such as wind. Foras use a third party Hi-Ab service where specialised training is required to operate the crane and their staff are fully trained ALLMI.
There are three Hi-ab types’ available and for which the most appropriate vehicle size and type for your delivery and property will be selected.
|Hi-Ab (1)||Length 10m / Width 2.5m / Load weight 8T|
|Hi-Ab (2)||Length 12m / Width 2.5m / Load weight 10T|
|Artic||Length 15m to 18.5m / Width 2.5m / Load weight 16T|
Hire Conditions: Access must be suitable bearing and dimension to allow access for heavy and abnormally sized vehicles in a safe manner without causing obstruction to any public highways. (low bearing trees, cables, gated entrance etc.)
Site Road Surfaces: To be made suitable/ and or prepared to allow safe vehicular manoeuvrability and access to all delivery areas for example icy roadways or muddy terrain.
Ground Conditions: The provision of suitable ground conditions to enable safe access/egress and support a lifting operation
Public Interface: Please ensure that any persons not involved with the lifting operation do not encroach into the lift operation area.
Electricity Cables: It is essential that the hirer adheres to the appropriate guidelines should the hi-ab be lifting with electricity cables as a proximity hazard your site. Regulations, Codes of Practice and Health and Safety Guidelines prevent any lifting operations encroaching with 15m of electricity cables supporting by pylons and 9m electricity cables supported by wooden poles.
Maximum 1 hour offloading – any additional time will be chargeable
Any cancellations are to be confirmed in writing. Job cancelled within 24 hours of commencement date may incur a cancellation fee.
Foras will send through a Hi-b delivery form in regards to property access, this is to be completed by the customer, signed dated and returned via email to Foras prior to allow the delivery to proceed.
NOTE: This type of delivery is not standard and if requested a delivery quote will be sent
Moffett Forklift Delivery
Truck Mounted Forklifts are attached to the rear of the trailer of an articulated lorry. You may have seen them mounted to the rear of specially equipped lorries. They reduce the risk of the delivery vehicles getting stuck in muddy conditions or restricted areas. They are very useful as they can go sideways and forwards.
This type of delivery will require 1.80m width clearance.
Although ‘technically’ delivery is kerbside we will do anything we can to help including entering the property grounds and placing the pallets where you need them so long as the driver can sensibly get the Moffett where you need it. The driver is of course responsible for his vehicle and health and safety. He will not enter your property without your express permission and provided you accept liability.
Please note: The driver will not unpack and move the items for you into your garden or garage.
NOTE: This type of delivery is not standard and if requested a delivery quote will be sent
Accepting your delivery from our haulier
Your stone (s) items will be packed in a very secure crate (*exceptions apply) placed on pallet which will be moved once off the vehicle using a hand manoeuvred pallet truck. The pallet truck will require a smooth surface (tarmac, concrete or stone) in order to move the product a short distance to a safe location within the property. It is the Customer’s responsibility to move items to their required installation destination on the property.
Our haulage companies are not contracted to place product or install products the driver is instructed to leave your items in a safe place within your property and he will not unpack, place or remove the packaging including the pallet. The driver will not take the product down steps, through houses or into back gardens as the driver is not insured to do so.
Foras shall bear all risk of the consignment until delivered to the Customer. Once a completed order has been received by you, all risk of damage to, or loss of, the products shall pass to you.
We shall be entitled to (a) deliver a complete order in instalments and each instalment shall be deemed to constitute a separate contract and (b) supply only part of an order. Once an order has been received by you, all risk of damage to, or loss of, the products shall pass to you.
Delivery dates are approximate only and not an essential term of the Agreement. Foras shall have no liability in respect of delay in delivery to the Customer.
Signing for your Pallet Delivery
Your products will be delivered boxed and palletised for secure delivery. If you have NOT been able to open your order on arrival with the driver present, please ensure you sign for the delivery on the paper delivery note and the Driver’s PDA machine (where applicable) as UNSEEN / UNCHECKED. This will comply with the claims procedure if applicable.
Goods are quality inspected before being boxed, claims for damaged goods will only be considered if reported within 24 hours of the delivery and unpacked according to the guide provided. All goods should be checked by giving an inspection when opening the top panel of the box first and BEFORE being removed from the box.
No claims will be considered after installation of damaged goods.
Inspecting your Crated Order / Un-packaging your Pallet Delivery
Some FORAS products are produced from single blocks of natural stone and we take great care to insure they reach you in good condition which means they are quality inspected at source and boxed in very substantial boxes. The boxes are very robust as their primary function is to protect the goods inside.
We supply the following different packaging;
- Wooden crate boxes secured with nails
- Ply boxes secured with screws
- Cardboard boxes with plastic straps
Opening the nailed boxes does require a steel leverage bar. We have made this process easier by already taking off the lid and re-securing it for transportation with plastic strapping. Cut this strapping which will allow you easy access to your Foras Walls and Floors goods for checking and also allowing you to undo the other sides of the box. We ALWAYS recommend removing the top panel of the box first to access your product.
*Foras Walls and Floors are not liable to retrieve or dispose of any pallets or packaging the goods arrive in*
Fenwick & Tilbrook T&C’s
- Fenwick and Tilbrook equipment is calibrated regularly and well maintained. While every effort is made to ensure that colour matches are accurate, due to the nature of pigment and base materials there is a possibility of naturally occurring variance. It is also natural that colours will be affected by lighting and surface texture
- The images on our website, as much as possible, accurately display the colours of the paint. However, we cannot guarantee that your monitor’s display will accurately reflect the colour of the goods on delivery. It is always advisable to order a sample to see the colour in-situ
- Foras take no responsibility for losses, damages or costs arising from unsuitable, unsafe or inadequate storage conditions. It is the responsibility of the customer to provide adequate storage for good purchased.
- Returns – Although Private United Kingdom customers have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 (the Regulations), with exception of Multi-Surface Primer, all Fenwick & Tilbrook paint is made to order and therefore cannot be returned. If a customer wishes to return Multi-Surface Primer, they will be expected to cover all delivery and return costs involved. Foras accept no responsibility for over / under ordering, any advice given should be double checked prior to ordering.
- Damaged/Lost Goods – Fenwick & Tilbrook Ltd send goods by trackable courier and therefore customers are kept informed as to the whereabouts of their order. Where goods are delivered to, or received by, the customer damaged or incorrect, Foras Ltd must be notified within 48 hours for replacement goods to be re-sent free of charge. Any such re-delivery is subject to the customer providing proof or the damage or discrepancy where requested. Under no circumstances should a damaged tin of paint be returned to us.
- The customer’s attention is drawn to application, usage and safety information relating to the goods, full technical and application data sheets are available in our Advice and Support area.
- The information supplied across the website and within literature that accompanies Fenwick and Tilbrook paint is offered in good faith. There are no implied conditions of warranty since level of good preparation, skill of application and site conditions are beyond our control. Information or instructions given do not release the user from his or her responsibility to check for product suitability and application methods. In noevent do we accept any liability of any kind for the performance or non-performance of any goods beyond the value of those purchased from Fenwick & Tilbrook (for example, we shall not be liable in respect of wasted time or additional costs incurred by any person such as labour or scaffolding costs nor shall we be liable in respect of any alleged consequential losses of any person).
- Fenwick & Tilbrook Ltd offer a next day delivery service which has high reliability. However, no responsibility can be taken if for whatever reason goods are delayed in some way.
These terms and conditions and any claims arising in relation to goods ordered or supplied shall be subject to English Law.