1: Conditions of Sale
The company means Border Top Soil Limited.
The customer means any person contracting with the company for the supply of products or services.
Delivery means delivery by the company or any haulier employed by the company directly or indirectly.
These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
Submission of a purchase order online will be taken as agreement to these conditions of sale.
The company require any complaint to be made in writing by the customer within 48 hours of collection or delivery of goods.
Complaints can be sent to the company registered address or via email to firstname.lastname@example.org.
The company aims to deliver the highest quality of our products. If for some reason the quality of the received product is not acceptable, the customer must notify Border Top Soil Ltd in writing within 7 days of receiving the goods.
The Company regret that they will be unable to replace goods which have not been reported as inadequate within this time frame. The Company is also unable to replace goods which have been used or removed from the packaging supplied in.
The company cannot be held liable for any contamination of product discovered & reported more than 4 hours after delivery.
4: Supply of Products and Materials
Products and materials are sold under the express understanding that the company is only liable up to the value of the goods sold or supplied excluding Delivery Charges.
The customer and the company are contracting in the course of their respective business and, except as stated in writing by the company, no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company.
The customer understands that the company may elect to supply goods via a third party supplier. In these instances the substituted goods will always be of at least equal quality to those supplied and produced by Border Top Soil Ltd.
The customer is also aware that all stated weights and measures of bags are approximate only.
Cancellation of an order by the customer must be confirmed in writing.
If an order is placed and then cancelled before products have been despatched then a full refund will be made.
If an order is placed and then cancelled after products have already been despatched then a refund will be given for Goods only and not haulage costs already incurred.
Loose tipper loads if cancelled within 48 hours will still be charged.
Once delivery of the product or material has been received, the business transaction between the customer and the company has been completed. Returns of the delivered product in bags will be accepted if the goods are returned back to Border Top Soil Ltd in Haltwhistle, NE49 0ND in the original packaging and condition as when they were delivered and a full refund less the transport costs will be sent to the customer. For unwanted loads of loose material, refunds will not be possible.
The company will make every effort to deliver products ordered on the requested date, but, if for any reason the company is unable to deliver then no liability will fall to the company; whether in damages or otherwise, for delay of whole or any part of the goods ordered arising from any cause whatsoever.
Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the company’s vehicles to the point of delivery.
In cases of damage caused by a third party employed by Border Top Soil Limited, the Customer will be given contact and insurance details of the third party in order to make any claims for damages or insurance claims direct with the supplier.
The customer understands that the company can only guarantee a kerb or road side delivery and that ultimately they are happy for goods to be left in this manner.
Customers should be aware that in some parts of the UK it is necessary to obtain a permit to have goods delivered to the kerb or road side.
Loose loads delivered by bulk tipper wagons will have to tip the load in a designated area by the customer, off the public highway or public footpath, on private land and it the case of loose load deliveries, the customer must take responsibility for ensuring the necessary space and area is available to receive the wagons. If a loose load arrives and the drop area is not ready for tipping or deemed adequate and safe by the driver, the load will not be dropped and the load will still be charged. Tipping areas must be able to take a wagon weight of 32 tonnes safely.
If the customer wishes to have a delivery over an unstable area of ground, the customer will then become liable for any damages made to the vehicle. The customer must arrange to have the vehicle towed out, at their cost, immediately if the vehicle becomes stuck and requires towing.
If a customer insists on any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other.
If the company or its agent cannot gain access to the delivery address then additional costs may be incurred and shall ultimately fall to the customer.
Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. The company will confirm the outcome by e-mail.
In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order.
The delivery vehicle must be able to park in an area where the delivery is to be made; they cannot park in any red zones or on restricted parking. The customer understands that parked cars and vehicles may have to be moved in light of this.
In the case of our tail lift (kerb or road side) offloading vehicle a pallet truck is then used to manoeuvre the items off the tail lift to the kerbside delivery point.
The customer understands that, as kerb or road side deliveries are made using a manually manoeuvred pump truck, it is not possible to leave goods on uneven surfaces such as gravel, grass or on hills or slopes of any kind.
It is essential that the customer, or somebody appointed by the customer is available to receive and sign for the delivery.
The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances.
7: Border Top Soil Limited and Customer Agreement
I, the customer agree that I have read and fully understand all the terms and conditions above, I understand that once I click on the order button or verbally confirm an order that I will be liable for any charges incurred if I then subsequently cancel the order, as well as any costs for redelivery of the goods to Border Top Soil Ltd or re-routing of goods elsewhere.
I have viewed the pictures of the products I have ordered and understand the quantity which will be delivered. Pictures and imagery are for representation only.
I also understand that all products that the company supplies are naturally occurring products and may have slight variations in colour, size and content.
I understand that sizes of products specified are approximate and can vary.
I also understand that naturally occurring products such as sand or gravel are sourced from our quarries and so can often differ in appearance slightly from load to load.
I understand that it is my responsibility to ascertain the quantities of products needed.
I understand that most deliveries are stacked on pallets and it is my responsibility to dispose of the pallet safely.
I understand that all packaging is non-returnable and non-reusable.
The company may elect to use a third party distributor to deliver the goods to your postcode. Delivery times stated when goods are purchased, may well vary depending on issues out of the control of the company. In those cases, please inform us in writing and the company will contact the haulier and request an explanation. Based on the outcome the company may well refund the delivery charge in part or in full, depending on the mitigating circumstances.
I acknowledge that if the delivery does not arrive on time I have no claim against Border Top Soil Limited.
These conditions and any contract or variation are governed by the law of England.