Terms and Conditions

Innovation Building Products Ltd are the UK distributors of Evolve Stone®.

To the fullest extent legally possible all contracts, dealings and/or arrangements made between Innovation Building Products Ltd and each of its subsidiaries, affiliates, associated companies and related entities (“Innovation Building Products Ltd”) and any Customer (“Customer”) relating to any products, services or transactions are subject to the following Terms and Conditions of Trade (“these Terms”) unless otherwise agreed in writing.

Payment:

Payment is to be by cash, cheque, credit/debit card or Electronic Funds Transfer without set-off or deduction of any kind.
Full payment is to be made by the customer upon placement of an order with the exception of a special order stock line where a deposit of 50% will be required, with the balance to be paid prior to the goods being dispatched.
Innovation Building Products Ltd is entitled to set-off or deduct any amount payable by Innovation Building Products Ltd to the Customer.

Interest: will be charged on overdue accounts at the rate of an additional 2% on invoice amount.

Property:

Innovation Building Products Ltd reserves the right to take possession and dispose of goods as it sees fit at any time until Full Payment
Immediately upon delivery the Customer accepts liability for the safe custody of the products.

Limitation Of Liability:

The Customer agrees to limit any claim upon Innovation Building Products Ltd to the cost of re-supply of equivalent products or the supply of services again.
Innovation Building Products Ltd shall not be liable for any claim (whether for loss or expense or otherwise) which is made after 14 days from date of delivery or services (or at all once products have been unpacked, on-sold or otherwise used or applied) after which there shall be deemed unqualified acceptance.
Innovation Building Products Ltd will not be liable for any contingent consequential direct indirect special or punitive damage arising in any way, whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly.
No other term, condition, agreement, warranty, representation or understanding whatsoever whether express or implied in any way extending to, relating to or binding upon Innovation Building Products Ltd, other than these Terms, is made or given.

Exclusions:

Sample: No contract between Innovation Building Products Ltd and the Customer shall be or be deemed to be a sale by sample or description.
If Innovation Building Products Ltd publishes material concerning its prices, anything so published which contradicts these Terms is excluded.
The Customer will rely on its own knowledge and expertise in selecting any product or services for any purpose.
Advice or assistance given for or on behalf of Innovation Building Products Ltd shall be accepted at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied upon by the Customer.

Placement Of Orders:

If any dispute arises over any order (including any question of identity, authority or any telephone, facsimile, computer or e-mail order) the internal records of Innovation Building Products Ltd will be conclusive evidence of what was ordered.
Each order placed shall be and be deemed to be a representation made by the Customer at the time that it is solvent and has the present and future ability to pay all of its debts as and when they fall due.
Failure to pay in accordance with these Terms shall be and be deemed to be conclusive evidence that the Customer had no reasonable grounds for making the representations and that the representations were unconscionable, misleading and deceptive.
With each order placed, the Customer shall inform Innovation Building Products Ltd of any material facts which would or might reasonably affect any decision to accept the order and/or grant credit in relation to it. Failure to do so shall create and be deemed to create an inequality of bargaining position, shall be and be deemed to be taking an unfair advantage of Innovation Building Products Ltd and to be unconscionable, misleading, and deceptive.

Purchase Price:

All sales are made by Innovation Building Products Ltd at its ruling price at time of delivery.
Government imposts, VAT etc (“imposts”) will be paid by the Customer.
Innovation Building Products Ltd price lists exclude imposts unless expressly identified as such in any price list.

Delivery:

The Customer acknowledges and agrees that:

Innovation Building Products Ltd accepts no responsibility or duty for delivery but may elect to arrange delivery at its discretion without any liability and at the Customer’s costs and responsibility in all things.
Innovation Building Products Ltd reserves the right to charge for any delivery.
The Customer shall be deemed to have accepted delivery and liability for the products immediately Innovation Building Products Ltd notifies the Customer that any products are ready for collection or they are delivered to a carrier or to the Customer’s business premises or site whether attended or not.
Innovation Building Products Ltd will not be liable for delay, failure or inability to deliver any products or perform any services.
Once the Customer is notified products are ready for collection or delivery, the Customer agrees to pay all costs of Innovation Building Products Ltd in holding products for the Customer.
The Customer shall provide reasonable and proper access to any site specified for delivery.
The Customer agrees to pay all costs and expenses arising from frustrated or delays in delivery.
The Customer shall be responsible for any damage, costs (including clean-up costs) or fines caused in the course of delivery whether to footpaths or to any other property.
Innovation Building Products Ltd may unilaterally delay, cancel or suspend any delivery for any period or cancel any agreement for sale without any liability to any party.

Returns:

If Innovation Building Products Ltd elects to take back product it must be in as new and saleable condition and upon terms agreed which includes any carriage cost which the customer is liable for and a re-stocking fee of not less than 25% of invoice value will apply.

Products and Services:

Innovation Building Products Ltd disclaims any responsibility or liability relating to any products or services:
- made or performed to designs, drawings, specifications and/or procedures etc or with materials which are provided or approved by or on behalf of the Customers; or
- utilised, stored, handled or maintained incorrectly or inappropriately.
The Customer agrees to check all products and services for compliance with all applicable standards and regulatory bodies before use, on-sale or application and to use or apply same in accordance with all applicable standards, regulations and guidelines, with all manufacturer’s, processor’s and/or Innovation Building Products Ltd’s recommendations and directions as well as with good commercial practice.
Delamination, Failure etc: The Customer acknowledges products sold are not manufactured or processed by Innovation Building Products Ltd and accepts all risks associated with any delamination or failure.
The Customer agrees to check all products and services prior to use, alteration or any application thereof whether in relation to suitability for any particular purpose, process or otherwise.
The Customer acknowledges that Innovation Building Products Ltd’s product has (inter alia) the following characteristics:
- it is a manufactured product and variations in colour, texture and inherent quality occur;
- it is a manufactured product and variations it is susceptible to changes in quality, structural strength, appearance, finish and/or colour due to mistreatment, poor storage, poor handling, inadequate, uninformed and/or inappropriate preparation, treatments, installation or use and by exposure to the elements, chemicals, sunlight and foreign materials etc; colour, texture and inherent quality occur;

Recovery Costs:

The Customer will pay to Innovation Building Products Ltd the costs and expenses incurred by it or its solicitors, legal advisers, mercantile agents and other parties acting on Innovation Building Products Ltd’s behalf in respect of anything instituted or being considered against the Customer whether for debt, possession of any products or otherwise.

Variation or cancellation of these Terms or any orders must be in writing and agreed between the parties.

Notice:

The Customer agrees that it will be deemed to have notice of any change to these Terms immediately they are adopted by Innovation Building Products Ltd, whether or not the Customer has actual notice.
The Customer shall be bound by any terms and conditions of trade adopted by Innovation Building Products Ltd immediately they are so adopted, notwithstanding any other purported, pre-existing or other terms and conditions.

Indemnity:

The Customer indemnifies Innovation Building Products Ltd against any claim or loss arising from or related in any way to any dealing between Innovation Building Products Ltd and the Customer or anything arising therefrom, including any liability arising under the Trade Practices Act and any relevant Occupational Health and Safety laws or arising as a result of or subsequent to any breach of these Terms.

Ability to Supply:

The Customer agrees that Innovation Building Products Ltd will not be liable for any delay in supply or availability of any products, and may allocate products as between Customers at its absolute discretion.

Exports:

Of any goods are governed by these Terms and all international trade conventions and/or terms are expressly excluded.