Custom/Special Order Terms & Conditions
Pricing & Taxes
All prices are exclusive of VAT, which shall be added at the applicable UK rate unless zero-rating applies. Where the Client claims a VAT exemption or zero-rating (for example, by providing an EU VAT registration number), Shanlieve will take reasonable steps to verify the validity of such number. However, if it is subsequently determined by HMRC or any competent tax authority that VAT was chargeable, the Client shall remain fully liable for such VAT together with any related interest, penalties, or costs. Shanlieve reserves the right to invoice the Client for such sums, and payment shall be due immediately on demand.
Payment Terms
Deposit & Instalments
Payment shall be made in three instalments:
Minimum 50% deposit payable upon placement of the Order. The deposit shall become non-refundable once Shanlieve has commenced production or procurement of the products. For the avoidance of doubt, “commencement” shall be deemed to occur upon Shanlieve issuing a purchase order to its supplier, commencing cutting, or otherwise taking binding steps to procure or manufacture the products.
40% payable prior to dispatch from Shanlieve’s yard or point of origin.
10% payable upon delivery.
Condition of Delivery
Shanlieve shall not be obliged to dispatch or deliver any products until all instalments due at that stage have been received in cleared funds.
Cancellation & Default
If the Client cancels the Order after production or procurement has commenced, or otherwise fails to take delivery, Shanlieve shall be entitled to retain the deposit and recover from the Client any additional non-recoverable costs and loss of profit arising from such cancellation or default.
Late Payment
Any sums not paid when due shall accrue interest at a rate of 4% per annum above the Bank of England base rate, calculated daily from the due date until payment is received in full.
Suspension of Performance
Shanlieve reserves the right to suspend performance, withhold dispatch, or cancel further deliveries until all outstanding payments (including interest) have been received.
Costs of Recovery
The Client shall reimburse Shanlieve for all reasonable costs and expenses (including legal fees and debt-recovery agency fees) incurred in recovering overdue payments.
Origin, Lead Times
Products are sourced from China. Typical lead time is 8–12 weeks.
Lead times are indicative only. Time is not of the essence.
Force Majeure
Shanlieve shall not be liable for any failure or delay in performing its obligations under this Order to the extent that such failure or delay is caused by any event or circumstance beyond its reasonable control (a “Force Majeure Event”).
Force Majeure Events include, but are not limited to:
production delays; shipping and freight disruption; haulier unavailability;
customs delays; port congestion; strikes, lock-outs, or labour disputes; shortages of raw materials; accidents; adverse weather; natural disasters; war; terrorism; governmental action or regulation; pandemics or epidemics; and other global or regional events of a similar nature.
Consequences of Force Majeure
In the event of a Force Majeure Event:
The time for Shanlieve’s performance shall be extended for the duration of the delay.
Shanlieve shall not be liable for any loss, damage, cost, or expense suffered by the Client as a result of such delay or non- performance.
Where a Force Majeure Event causes a material increase in freight, duty, or currency exchange costs, Shanlieve shall be entitled to adjust the contract price to reflect such increases, on written notice to the Client.
Prolonged Force Majeure
If a Force Majeure Event continues for a period of more than ninety (90) consecutive days, either party may terminate the Order by written notice to the other. In such case, Shanlieve shall refund any payments received for goods not yet dispatched (less any non recoverable costs incurred), and the Client shall have no further claim against Shanlieve arising out of such termination.
Delivery, Access & Risk
Delivery Basis
Unless expressly stated otherwise on the invoice, all prices are ex yard.
Risk Transfer
Risk of loss or damage to the products shall pass to the Client once the products leave Shanlieve’s yard, irrespective of whether collection is made by the Client or delivery is arranged by Shanlieve.
Where Shanlieve arranges delivery, it does so strictly as the Client’s agent. The Client shall be responsible for insuringthe products in transit and during offloading. Shanlieve shall have no liability for loss or damage arising after risk has transferred.
Retention of Title
Notwithstanding delivery and the passing of risk, title to the products shall not pass until Shanlieve has received payment in full in cleared funds. Until such time, the Client shall:
hold the products as Shanlieve’s fiduciary bailee;
store the products separately and in a manner clearly identifiable as Shanlieve’s property; and
not sell, pledge, charge, or otherwise dispose of the products without Shanlieve’s prior written consent.
If the Client defaults in payment, Shanlieve may, without prejudice to its other rights, enter the Client’s premises (or any other location where the products are stored) and recover possession of the product.
Hauliers & Transit
Any haulier appointed by Shanlieve shall be deemed the Client’s agent, and Shanlieve accepts no liability for damage or
delay in transit or during offloading.
Access Requirements
The Client must provide safe and suitable access for the required delivery vehicle, including safe off-road parking and a safe, level area for offloading.
The driver’s assessment of site safety and accessibility shall be conclusive, and if delivery cannot be completed due toaccess or safety, the Client shall bear the costs of redelivery and any associated charges.
Offloading & Waiting Time
Offloading shall be the Client’s responsibility unless expressly agreed otherwise in writing. Any waiting time, aborted delivery, redelivery, or additional handling costs shall be recharged to the Client in full
Storage & Holding Charges
If the Client is unable or unwilling to take delivery on the agreed date, Shanlieve may, at its discretion, store the products until delivery can be made. In such circumstances:
Risk in the products shall pass to the Client on the original agreed delivery date, notwithstanding that delivery has been postponed.
The Client shall be liable for all reasonable storage, insurance, and handling costs incurred by Shanlieve during the period of storage.
Payment obligations remain unaffected, and Shanlieve may invoice the Client for the balance due in accordance with the original payment schedule.
If the Client has not taken delivery within thirty (30) days of the agreed delivery date, Shanlieve may, after giving seven (7) days’ written notice, treat the Order as cancelled. In such case, any deposits or payments already made shall be forfeited, without prejudice to Shanlieve’s right to claim further losses or costs incurred.
Breakages & Replacements
Breakages, though infrequent, can occur. Shanlieve will replace broken items by including replacements on the next available container.
If the Client requests expedited replacement by air freight or other available means, opting not to wait on replacements in Shanlieve’s next available container, the Client bears all associated transport costs.
Natural Product Variation
Stone is a natural material and will inherently exhibit variations in colour, veining, texture, dimensions, and overall appearance. Samples and images are provided for guidance only and may differ from the products delivered.
Such natural variations shall not constitute defects and shall not give rise to any claim against Shanlieve. By way of example (without limitation), natural characteristics include:
differences in shade, tone, or intensity of colour;
changes in veining, mottling, or patterning;
the presence of naturally occurring minerals, ores, or crystals which may oxidise or weather over time;
surface weathering, which may alter colour or texture as the stone is exposed to the elements;
small fissures, pits, or inclusions that do not affect structural performance;
dimensional tolerances inherent to natural cutting and finishing processes. Unless otherwise agreed in writing, a tolerance of up to 40mm on any dimension shall be deemed acceptable and within specification. Certain products may be intentionally oversized to allow for on-site cutting and adjustment in accordance with prevailing ground levels or site requirements.
The Client acknowledges and accepts that these characteristics form part of the unique aesthetic and natural life cycle of stone products, and that no guarantee of uniformity can be given.
Product Liability Limitation
Shanlieve’s total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with this Order, shall be strictly limited to the total price paid by the Client under the Order.
If any product is proven to be defective, Shanlieve’s sole obligation shall be, at its option, either to replace the defective product at no additional charge or to refund the price paid for that product.
Shanlieve shall not be liable for:
the cost of removal, refitting, installation, cutting, or other ancillary works;
any labour or third-party contractor costs;
any indirect, special, or consequential loss or damage, including but not limited to loss of profit, revenue, business, goodwill, or delay-related costs.
Except as expressly provided in this Order, all warranties, conditions, or other terms implied by statute (including but not limited to the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, and any implied terms as to satisfactory quality, fitness for purpose, or description) are excluded to the fullest extent permitted by law. Nothing in these terms affects your statutory rights as a consumer
Nothing in these Terms shall exclude or limit Shanlieve’s liability for death or personal injury caused by its negligence, for
fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded.
Drawings, Dimensions & Client Responsibility
Shanlieve shall manufacture or supply products strictly in accordance with the drawings, dimensions, and specifications provided or approved by the Client. Shanlieve shall have no liability for any errors, omissions, or discrepancies in such drawings or specifications, or for any loss, cost, or damage arising where products are manufactured, cut, or supplied in reliance upon
them.
The Client is solely responsible for ensuring the accuracy of all dimensions and site measurements, and for verifying that products ordered will fit the intended installation. Where the Client or its contractors alter site dimensions, building layouts, or levels after order placement, Shanlieve shall not be responsible for any resulting incompatibility, misfit, or adjustment required. Any remedial work, recutting, or replacement arising from inaccurate or altered dimensions shall be chargeable in full to the Client.
Compliance & Health & Safety
The Client acknowledges that stone products are heavy, bulky, and require safe handling. Accordingly:
The Client shall ensure that all handling, storage, offloading, and installation of the products is carried out in full compliance with all applicable health and safety legislation, regulations, and best practice.
The Client shall provide and use appropriate equipment, plant, and personal protective equipment (PPE) for the safe offloading, movement, and installation of the products.
The Client shall ensure that all personnel involved in handling or installing the products are properly trained, competent, and supervised.
Shanlieve shall have no liability for any injury, damage, or loss arising from the Client’s failure to comply with these obligations.
Indemnity
The Client shall indemnify and keep indemnified Shanlieve against all claims, losses, damages, liabilities, costs, and expenses
(including legal fees) arising from or in connection with:
any third-party claim resulting from the Client’s failure to comply with the obligations set out in this clause;
the handling, storage, cutting, modification, installation, or use of the products by the Client or its contractors; and
any misuse or failure to follow industry best practice or Shanlieve’s guidance in relation to the products
Inspection & Claims
The Client has 7 days from delivery to inspect goods and report defects or issues.
After 7 days, goods are deemed accepted and fit for purpose.
Items in dispute must not be installed. All products must be checked by the relevant trades prior to fitting.
Returns
As stone is a natural, custom-ordered product, returns are not accepted. Replacements are provided for broken or incorrect items per the terms above.
As stone is a natural, custom-ordered product, the statutory 14-day cooling-off period for distance sales does not apply.
Severability
If any provision of these Terms is found by any court or competent authority to be invalid, unlawful, or unenforceable, such
provision shall be deemed deleted, but that shall not affect the validity and enforceability of the remaining provisions. The
parties shall in good faith negotiate a valid replacement provision that most closely reflects the original intent of the parties.
Dispute Resolution & Jurisdiction
Any dispute or claim arising out of or in connection with this Order shall first be referred to arbitration.
The arbitrator shall be appointed by an independent appointing body, namely the Chartered Institute of Arbitrators (CIArb) or the Royal Institution of Chartered Surveyors (RICS), upon the written request of either party.
The seat of arbitration shall be Northern Ireland, the language shall be English, and the arbitration shall be conducted in accordance with the Arbitration Act 1996 (as amended).
The arbitrator’s award shall be final and binding on both parties.
The costs of arbitration shall, subject to the arbitrator’s discretion, be borne by the party against whom the award is made, unless the arbitrator determines otherwise.
Governing Law & Jurisdiction:
This Order is governed by the laws of Northern Ireland. Subject to the arbitration clause above, the courts of Northern Ireland shall have exclusive jurisdiction.
Data Protection
Shanlieve shall process personal data provided by the Client (including names, contact details, addresses, and payment
information) solely for the purposes of administering and fulfilling the Order, including invoicing, delivery, and compliance
with legal and tax obligations.
Personal data will be retained only for as long as necessary to fulfil these purposes or as required by law, and will not be
shared with third parties except where necessary for the performance of the Order (such as hauliers or couriers) or where
required by law.
Shanlieve shall handle all personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the
Data Protection Act 2018.
Further information on how Shanlieve processes personal data, including details of individual rights under data protection
law, can be found in Shanlieve’s Privacy Policy, available at: www.buildingstoneni.co.uk/privacy-policy.
Entire Agreement & Amendments
This Order Form and these Terms and Conditions constitute the entire agreement between Shanlieve and the Client in relation to
the products supplied and supersede any prior discussions, negotiations, representations, or understandings (whether oral or
written). The Client acknowledges that it has not relied on any statement, promise, or representation not expressly set out in this
Order. No amendment, variation, or addition to this Order shall be binding unless it is agreed in writing and signed by a duly authorised
representative of Shanlieve.
Acceptance by Conduct
The Client agrees that these Terms and Conditions shall apply to the Order whether or not the Client has signed the Order Form. Acceptance of the Terms shall be deemed to occur upon the earlier of: (i) payment of any deposit or other sum due under the
Order; (ii) confirmation of the Order by email, purchase order, or other written communication; or (iii) acceptance of delivery of
the products.
By signing or agreeing with your order, you agree to the above terms & conditions