Terms and Conditions of Use These are our terms and conditions. Please read them with care. 1. Definition In these conditions, unless the context requires otherwise: 1.1 ‘the Buyer’ means the person, company or body agreeing to purchase the Products under the Contract 1.2 ‘the Conditions’ means the terms and conditions of sale set out in this document and any special terms ans conditions agreed in writing by the seller; 1.3 ‘the Contract’ means the agreement between Seller and the Buyer for the sale and purchase of the Products which incorporate these Conditions 1.4 ‘Products’ means the articles which the Buyer agrees to buy from the Seller in accordance with these conditions and any goods which may be supplied as replacements for them pursuant to the terms and conditions set out in this document. 1.5 ‘the Seller’ means Tritonstone Limited 1.6 ‘Writing’ means written document(s) and communication(s) including those transmitted by facsimile and electronic mail; and 1.7 Clause headings are for ease of reference and do not form part of or affect the interpretation of the Conditions 2. Basis of contract 2.1 This Document constitutes a Contract for the sale and purchase of the Products 2.2 The Contract shall incorporate the terms set out on this page and no other term, unless such other term is in writing and signed by the Buyer and the Seller. 2.3 The Buyer having been offered every reasonable opportunity to inspect the Products shall be deemed to have done so and to have satisfied himself of the age, provenance or condition of the Products or as to their suitability for any particular purpose or as to any other relevant matter. 2.4 The Seller’s advertisements and technical and other literature are published for general guidance only and do not form part of any contract between the Seller and Buyer. 2.5 It is not the intention of the parties that any intellectual property rights in the Products or any other such rights belonging to the Seller should in any way pass to the Buyer under this contract and the Buyer shall not be entitled to copy in whole or in part any part of the Products. 3. Payment 3.1 The Purchase price payable in respect of the Products is the price shown on this web site 3.2 The Purchase prices displayed on this web site are inclusive of value added Tax 3.3 The Purchase price shown is exclusive of the cost of storage, restoration, repair, installation, packing, dispatch, transport, delivery, insurance or any other service that may be provided by the Seller to the Buyer in relation to the Products. 4. Collection of the goods 4.1 Unless clause 6 of these Conditions applies, the Buyer shall be responsible for the collection or dispatch of the products. 4.2 The products shall not be collected or dispatched until such time as all moneys owing by the Purchaser to the Seller in respect of the Products have been received by the Seller in cleared funds. 4.3 If the Buyer has not collected the Products within 14 days of payment of the Purchase price, then the Seller may at the Buyers expense deliver the Products to the Buyer at the Buyers principle place for business. The Buyer shall pay the costs of delivery to the Seller within 14 days of receiving an invoice from the Seller: 4.4 If the Buyer fails to take delivery of the products of the Products then, without prejudice to any other right or remedy available to the Seller, the Seller may:- 4.5 Issue its invoice in respect of the failed delivery of the Products as if they had been delivered: an/or 4.6 Store the products until actual delivery or collection is made and charge the Buyer for the costs (including insurance, handling and transport) of storage: 5. Property and risk Title and Risk of loss or damage to the Products shall pass to the Buyer at the time of collection of the product, at the time of delivery of the Product or, if the Buyer wrongfully refuses to accept delivery, when the Seller tenders delivery of the Product and the Buyer shall insure the products from that time. 6. Packing or dispatch Where it is a term of the Contract that the Seller shall on behalf of the Buyer arrange for the packing, dispatch, transport or delivery of the Products the following conditions shall apply in addition to the other conditions stated herein. In the case of inconsistency between the following conditions and the other conditions stated herein the following conditions shall prevail. 6.1 The Seller shall utilise suck packing material as it in its discretion things fit and shall not be responsible for any loss or damage to the Products which may occur while they are in the custody or control of such carrier. 6.2 The Seller shall employ such reputable carrier as it in its discretion thinks fit and shall not be responsible for any loss or damage to the Products which may occur while they are in custody or control of such carrier. 6.3 The Seller shall be under no obligation to pack or dispatch the Products until such time as all monies owing by the Buyer to the Seller in respect of the Products have been received in cleared funds by the Seller. 7. Breakages, shortages and other claims 7.1 The Buyer will inspect the Goods on delivery and sign an acceptance or delivery note endorsing thereon a full note of any shortage or damage. Such signature shall be conclusive evidence that the Goods are of the correct quantity and free from reasonably apparent defects and damage except as set out in such endorsement. If such note is not signed it will be deemed to have been signed without endorsement. 7.2 Any defect or damage (other than latent defects) which is not reasonably apparent on receipt shall be notified by the Buyer to Tritonstone. Within three working days of receipt. Damaged Goods must be returned to Tritonstone before replacement will be considered. Agreement and a Goods Return number must first be obtained from the Tritonstone. sales office before any Goods are returned. 7.3 Tritonstone shall have no liability arising out of non-delivery or shortage in delivery (subject to consigning the correct quantity of Goods for delivery) deterioration or damage in transit but agrees to provide reasonable assistance (at the Buyer’s expense) to the Buyer in making a claim against the carrier. 8. Returns and restocking charges When Goods are agreed for return or cancellation the Buyer shall pay a handling and restocking charge to cover administration and inspection charges involved in accepting the Goods back to stock. The charge will be subject to variation without notice but is currently 20% of the invoiced value of Goods. Non-standard products (supplied in accordance with Clause 4) cannot be accepted for return unless otherwise agreed. 9. Warranties and liability 9.1 The Seller warrants that the Products supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 391)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Products, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. 9.2 Except where such exclusion or limitation is not permitted as a matter of law, in no event shall the Seller’s liability in respect of any of the Products exceed the price paid for those products. 9.3 Except where such exclusion or limitation is not permitted as a matter of law, no action, regardless of form, arising out of the transactions under the Contract may be brought by the Buyer more than two years after the cause of action has accrued. 10. Notices All notices served in accordance with these conditions shall be sent by first class post to the address given by the Buyer on any order form attached to these Conditions or on the face of this document and shall be deemed to have been received by the Buyer two days after posting, or by facsimile or email address given by the Purchaser on any order form attached to these Conditions or on the face of this document. Notice by fax shall be deemed given on the day of transmission, notice by e-mail on the second day following transmission. 11. Law 11.1 The invalidity or unenforceability of any term of, or any right arising pursuant to the Contract shall not in any way affect the remaining terms or rights which shall be construed as if such invalid or unenforceable term or right did not exist. 11.2 The law of England shall govern the validity construction and performance of any Contract to which these Conditions apply. 12. Fountain Care 12.1 Summer Care: Fountains are susceptible to the formation of bio-films and algae we suggest a product by Hydra international, Hydra fountain clear. Winter Care: Simple precautions should be taken to avoid frost damage to fountains.  Please ensure that water features are drained down in freezing or extreme conditions. . Water should be drained off before winter every year and not replaced until spring when any risk of hard frost has passed.