Business to Consumer Terms & Conditions
Applicable for Business to consumer sales. Alternative Terms and conditions apply to business to business transactions.
General terms and conditions
These terms and conditions will apply for the purchase of goods from Imperial Contracts Ltd. Please read them carefully as they contain important information. If you have any queries about these terms and conditions or if you have any comments or complaints, please get in touch.
- The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
- Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
- Ownership of rights
All rights, including copyright, on our website and sales literature are owned by or licensed to Imperial Contracts Ltd Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
- Accuracy of content
We have taken care in the preparation of the content of our website and quotations, and all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods. Any weights, dimensions and capacities given about the goods are approximate only.
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
- Ordering errors
You are able to correct errors on your order up to the point at which they have been prepared for shipping. This is usually no later than 11.30am on the day of dispatch from our factory.
The prices payable for goods that you order are as set out in our quote. All prices are exclusive of VAT at the current rates and are correct at the time of quotation.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email or telephone, and offer to sell you the goods of the specification and description at the price stated in the email.
- Payment terms
We will take payment upon receipt of your order from your credit or debit card or alternatively, we accept bank transfer. We accept no liability if a delivery is delayed as a result of incorrect payment details being supplied or failure to transfer the funds before the processing deadline. If it is not possible to obtain full payment for the goods from you, then we reserve the right to refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
- Delivery charges
Delivery charges vary according to the type of goods ordered and location to which they are being sent.
10.1 Our delivery charges are set out in our quotation.
10.2 You will be required to pay extra for delivery for certain premium delivery services and locations outside of England and it might not be possible for us to deliver to some locations.
10.3 Please note that we are only able to deliver to addresses within the United Kingdom, restricted delivery options are available at a supplement to the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland, the Channel Isles, and some overseas destinations.
10.4 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate and that you supply a mobile number for the site contact who is responsible for accepting delivery. We will aim to deliver the goods by the date quoted but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 24 hours from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date or offer you a full refund.
10.4.1 We strongly recommend that goods are delivered in advance of the day of installation. Delays can occur which are outside of our control. Factors beyond our control include but are not limited to, increased traffic, road closures, severe weather, and vehicle breakdowns. If the delivery of goods is delayed through circumstances deemed by Imperial Contracts Ltd to be beyond its control, the company will not accept any claims for loss or damage incurred by late or non-delivery.
10.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or damage.
10.6 Unless specifically requested otherwise the goods will be delivered on pallets with a tail-lift to offload. To operate the tail-lift and pump truck a level solid surface is required. If the conditions are not suitable to safely unload, we reserve the right to return the materials to the carrier’s depot. Additional charges will apply to arrange re-delivery of the materials to a suitable destination. If materials are held for more than 2 days from the date of return, additional charges for the storage of the goods will apply.
10.7 Palleted goods will not be permitted to be unloaded by hand from the delivery vehicle by any party.
10.8 Our goods will require a signature on delivery. Should you or a representative of yours not be present to take delivery, the goods will be returned to the carriers depot where additional charges to re-deliver and store will apply.
10.8.1 Where you have requested that the goods be left on site unchecked and without a signatory we accept no responsibility for loss or damage to materials, or pallets being positioned incorrectly.
10.8.2 Your goods should be inspected by you on delivery to ensure that all the materials are correct and supplied in accordance with your order. In the event that there are missing, incorrect, or damaged materials this should be noted on the proof of delivery (POD) paperwork together with your signature.
10.8.3 Any damage or discrepancies with your order must be reported within 24 hours to Imperial Contracts Ltd. A loss/damage report form will be emailed to you for completion which we will require before we can investigate the complaint/claim and if applicable replace or reimburse the goods. Photographic evidence will enable us to process the complaint more quickly.
- Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier, then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
- Cancellation rights
12.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
12.2 Should you wish to cancel your order, you can use the cancellation form provided at the top of this page, or alternatively you can notify us by any other clear statement.
12.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), or if you have opened the packaging. Aggregate is considered bespoke, it is ordered based on your individual preference and is not held in stock therefore it is non-refundable.
12.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
12.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
12.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using/opening materials supplied, damage to packaging, storing materials inappropriately, i.e not upright or in extreme temperatures prior to cancellation)
- Cancellation by us
13.1 We reserve the right not to process your order. Reasons include but are not limited to:
13.1.1 We have insufficient stock to deliver the goods you have ordered;
13.1.2 We do not deliver to your area; or
13.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
13.2 If we do not process your order, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
- If there is a problem with the goods
14.1 If you have any questions or complaints about the goods please contact us. You can do so at email@example.com or by telephoning 01825 891329
14.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
14.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect through a third party from the address they were originally delivered to or one that is mutually agreeable. We will pay the cost of postage or collection of palleted materials.
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
15.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or if this is due to events which are beyond our reasonable control.
15.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from us. The importation or exportation of goods we supply to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Unit F1, Birdineye Farm, Framfield Road Uckfield TN22 5HA and all notices from us to you will be displayed on our website from time to time.
- Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
- Law, jurisdiction and language
Our website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
The product samples that we supply are made using natural aggregate materials, these materials have variations across different batches, we supply samples only as an indication of the overall finish. Variations between batches do occur resulting in variance of both size and colour. We do not accept liability in the case of minor colour or size differences between samples and the supplied product.
The aggregate supplied is naturally sourced and as a consequence some batches may contain a concentration of iron ore. Unavoidably over time the affected batches may display rust spots in the surface. If this occurs our liability will solely extend to:
23.1. Sandblasting the affected areas to reduce the rust spots.
23.2. Applying a restoring coating to the affected areas.
This treatment will be carried out by Imperial Contracts Ltd or a contractor appointed by us and will be undertaken for a period of no more than 5 years from the original application.
Proof of purchase will be required prior to commencement of the works.
- Referrals to Contractors
If requested to do so we will refer to you details of a contractor that has been trained by us and/or we have assessed the quality of their work on previous installations. At the time of training and/or assessment the company and the team that were trained were considered by us to be capable of installing our materials to a good standard.
Due to, but not limited to, factors that arise from changes in staff and company structure, we do not accept liability should for any reason you be dissatisfied with the contractor and/or their workmanship in any way.
Goods remain the property of Imperial Contracts Ltd until paid for in full.
We will always attempt to deliver your order on the requested delivery date, and as close to the time specified if a timed delivery has been requested. However, sometimes problems occur which are beyond our control, so we cannot guarantee this. Factors beyond our control include but are not limited to increased traffic, road closures, severe weather and vehicle breakdowns. If the delivery of goods is delayed through circumstances deemed by Imperial Contracts Ltd to be beyond its control, the company will not accept any claims for loss or damage incurred by late or non-delivery.
We strongly recommend that goods are delivered the working day prior to installation.
We request that you inform us of any delivery access restrictions you may have, prior to goods being dispatched, along with a full delivery address and postcode as well as a mobile telephone number of a site contact.
Goods will be delivered on pallets and the driver will not under any circumstances allow you to handball goods from the vehicle.
Unless specifically requested otherwise the delivery will be made on a vehicle with a tail-lift operation. A tail-lift offload and manual pump truck can ONLY be operated on a solid hard surface free from grass, soil, uneven paving or gravel, and is flat and level. The delivered goods must be placed in a manner that does not obstruct public rights of way nor be deemed a safety hazard.
Please make sure you (or your representative) are available to receive the order to check and sign for the goods. If a delivery location is unattended an attempt will be made to contact the site contact given at the point of order. If when the driver delivers he cannot obtain a signature and the site is deemed unsafe for unattended delivery, the delivery will be returned for delivery at a later date. Further charges will be incurred if this happens.
We expect customers to inspect the goods on delivery. Inspection by the recipient of the delivery will be considered as acceptance of goods. A failure to inspect the goods shall be taken as acceptance of the goods as delivered. Any damages or discrepancies discovered must be noted on the delivery paperwork. The nature of the damage or the missing item(s) should be noted and signed by both driver and recipient in order for a credit and/or investigation to be raised. Any delivery or damaged goods complaint must be made within 24 hours of delivery by contacting the office of Imperial Contracts Ltd. Photographs of the damaged/incomplete delivery are helpful if there is an opportunity to obtain these.
Once delivery is accepted it is the responsibility of the recipient of the goods to keep the materials dry and to ensure that any subsequent movement and unpacking of the goods does not cause damage to either the materials themselves or the surrounding surfaces.