Definitions:
‘Buyer’ means the person or company who accepts a quotation from Whiteside Memorials for goods or whose order for goods is accepted by Whiteside Memorials.
‘Seller’ means the form of memorial masons named in the order, Whiteside Memorials.
‘Goods’ means the monument as described in the order and any works (including inscription) to be carried out to complete such monument.
‘Order’ means any quotation of Whiteside Memorials which is accepted by the buyer or any order placed by the buyer which is accepted by Whiteside Memorials.
‘Monument’ means any stone or material which work has been carried out by Whiteside Memorials. This may also be described as a headstone, marker or tombstone.
Materials:
Natural quarried materials can vary in colour and texture. All goods are sold subject to these natural variations and therefore cannot be guaranteed to be identical to any sample or photo produced. All sizes provided by the seller are approximate and imperial measurements may be converted by the seller to metric or vice versa.
Title:
The title of the goods remains vested in the Seller and shall not pass to the buyer until the Seller has received payment in full and by cleared funds such as cash.
Details of order:
The buyer will be responsible in ensuring that all details contained in their order are correct and explicit as provided on the seller’s order form, such order form as previously mentioned will provide a facility whereby the buyer will sign and date the said order providing proof of acceptance of the order, also any instructions terms and conditions contained within it.
The seller will later satisfy the buyers order and instructions provided subject only to the above mentioned and not by any other means, whether verbal or otherwise. Subsequent changes requested after confirmation must be made in writing within 14 days following the date of order contained in the order form, the seller cannot be held responsible for any errors made in an inscription supplied to the goods which comply with the buyers instructions contained in the order.
Provision by the seller to the buyer of any initial drawing should be considered /used as a guide only and shall not be accepted by either seller or buyer as a final proof of order. After consultation with buyer the seller will provide their final order form containing the buyer’s final accepted drawing, this final drawing will be considered by the seller to be the buyer’s final order once signed.
Changes to the final signed order and instructions by the buyer:
The buyer agrees to accept that the seller will delay all orders and for a maximum period of 14 days following ordering so as to allow for any buyer changes in choice of memorial marker, headstone design or inscription, If after the said 14 days has passed and the seller has entered into an agreement with their suppliers to purchase a headstone or marker stone on behalf of the buyer, and or in the said seller permanently engraves/letters any monument or marker stone, then the buyer is deemed to have accepted the original instructions contained their original order. Any costs or charges incurred by the seller resulting in subsequent changes following the above mentioned 14 days will be recoverable in advance and from the buyer.
Council/Cemetery permission and fees.
The buyer accepts responsibility to check with the council or burial authority before ordering from the seller that they are legally entitled to be granted permission for any memorial they wish to be placed or permanently erected in any cemetery, it is assumed on ordering that the buyer is entitled to be granted permission as mentioned above and in the event that permission is later declined by the relevant authority then the seller will be entitled to be compensated by the buyer for all losses occurred as a result of non-provision of any required permits. All council/cemetery fees (where applicable) due on any successful permit applications will be recovered from the buyer at cost but with an additional small charge by the seller for administration and postage.
Payment:
Payment terms for monuments are: 30% deposit in advance at time of ordering of the full price excluding any council / cemetery fee. Only once payment has been made will we the seller commit to work on the monument including reserving a monument from personal stock or from our monument manufacturers.
The remaining 70% of the total invoice plus any council / cemetery fee is payable prior to delivery to the cemetery, usually following inspection by the buyer of the completed monument. If the buyer cannot inspect the monument in person then the seller can send the buyer a photo for approval, such approval will be verbally acceptable to the seller.
Any complaint regarding workmanship or quality arising from inspection must be provided to the seller in writing and be received within 7 days.
If payment of the remainder of the balance which will be inclusive of council / cemetery fees has not been received by the seller and within 7 days then the seller shall be entitled to apply an interest surcharge of 5% over Bank of England base rate prevalent at the date the order was made and on all outstanding amounts until paid in full.
The monument or goods will be not be delivered until payment has be passed and cleared in full.
Completion:
The buyer accepts that all delivery times quoted are estimated, will only start from the time the order has been fully signed, deposits paid and cleared, and once all required documentation is received from the buyer. The seller will endeavour to deliver ordered goods or services within the estimated delivery time stated in the order form but shall not be held financially accountable or to provide redress in any manner if for any reason the works are delayed caused by any third parties through strikes, lock-outs, accidents, non delivery of goods to Whiteside Memorials (the seller) or other force-majeure, a reasonable extension time will be allowed.
Time shall not be the essence of the contract unless expressly agreed in writing by Whiteside Memorials.
Vat:
All goods and services are subject to VAT at the current rate which is shown on the breakdown of costs on the order.
Pricing:
All prices are shown in Pounds Sterling and are inclusive of VAT. While most monuments and goods are inclusive of delivery, nonetheless the seller may incur additional or increased costs in some areas therefore the seller reserves the right to increase these charges without publication. In such an event the buyer will be notified prior to a final order being placed, and all upfront payments made electronically or otherwise will be refunded should the buyer wish to resign from the contract on the basis of a non-publicised delivery charge increase.
Prices for all monuments include: cut and painted black, silver, white lettering or cut and gilded lettering. They also include 1 design from our range shown on the headstone designer tool, excluded are any specialised designs which will be indicated on the website and indicated as incurring extra charges. Included with all monuments are 1 or 2 flower vases, standard delivery and erecting in the cemetery.
Cancellation and returns:
You may normally cancel your purchase if you notify us within 14 days of order. If there is a fault or some other defect with your product then you may return it to us within 28 days for a replacement or a refund. This does not apply to faults caused by accident, neglect or misuse. We will send you return instructions. Your product must be complete, unused ‘as new’ condition (EG if you have opened the box to examine the product you must have done so without damaging or marking the product in any way. It should be returned in with the original box, packing and accessories. We will refund the money paid (not including p&p) by means of sterling cheque made out to the buyer. This does not apply to tailor made or personalised items.
If there is a fault with your product (or some other defect with your order) you may return the product within 28 days of delivery for replacement or refund: we will replace the product or refund the money with the original box and the packaging; our promise to replace or refund products does not apply to faults caused by accidents, neglect or misuse. Where goods are refunded due to fault or other defect, we will refund delivery charges.
Miscellaneous:
Sales on this website are governed by Scottish Law and you agree to submit any dispute to the non-exclusive jurisdiction of the Scottish courts. All orders are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions only cover website owned and operated by Whiteside Memorials. Any links to other websites are not covered by this policy and we accept no responsibility or liability for the content of these websites that are not under our control. These terms and conditions to not affect your legal rights.
Whiteside Memorials
1a Orangefield Place
Greenock
PA15 1YX