Terms and Conditions

Website Terms and Conditions of Use


Our contact details

The full name of our company is Fairalls Builders’ Merchants Ltd, and our address is , 44 High Street, Godstone, Surrey, RH9 8LW You can contact us by email at info@fairalls.co.uk.

The term Fairalls Builders’ Merchants, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Fairalls Builders’ Merchants Ltd prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Disclaimer


The information contained in this website is for general information purposes only.

The information is provided by Fairalls Builders’ Merchants Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Fairalls Builders’ Merchants Ltd. We have no control over the nature, content and availability of those sites.

The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Privacy Policy (including cookies)


This privacy policy sets out how Fairalls Builders’ Merchants Ltd uses and protects any information that you give us when you use this website.

Fairalls Builders’ Merchants Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Fairalls Builders’ Merchants Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st September 2012.

What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers
  • What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website.

Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@fairalls.co.uk
  • We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
  • You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us at info@fairalls.co.uk

If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Copyright


This website and its content is the copyright of Fairalls Builders’ Merchants Ltd: © Fairalls Builders’ Merchants Ltd 2009 – 2015. All rights reserved.

All other products and company names mentioned may be trademarks, service marks, or registered trademarks of their respective companies.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
  • You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Terms and Conditions of Sale


FAIRALLS (BUILDERS MERCHANTS) LTD.
(the Company)

TERMS & CONDITIONS OF SALE – Revised 03/05/15.

  1. Unless stated to the contrary, all quotations are based on current costs of labour, fuel, transport, materials, etc. The Company reserves the right to pass on to the Customer any subsequent increases in costs which may occur up to the time these materials or services are charged to us.
  2. No responsibility can be accepted for any delay in delivery unless a specific guarantee signed by a Director of the Company is provided. Any delivery dates and times are given in good faith and the Company will endeavour to meet estimated dates and times. However time shall not be the essence of the contract and the Company shall incur no liability if such dates or times are not met.
  3. Customers will indemnify this Company and drivers operating on behalf of this Company against all claims for damage caused while carrying out Customers instructions to drive vehicles delivering materials off the public highway. Where the Company offers delivery to site, its obligations shall be to deliver as near to the site as safe hard road permits as judged by the delivery driver. Where any vehicle is required to leave the public highway for the purpose of a delivery or collection, the Company will not be held responsible for any damage caused by that vehicle. We reserve the right to disregard a customer’s delivery instructions if the driver or other agent of the Company believe following such instructions may compromise health or safety, or lead to damage to property or vehicle. The Customer shall ensure that a duly authorised person is in attendance to receive the goods being delivered, and that person shall sign for the goods. We reserve the right to refuse any order that is too small to economically deliver or, alternatively, we may delay that order until one of our vehicles is passing the delivery address.
  4. Where goods are delivered to site, wherever practical we shall deliver on a mechanical unload vehicle, subject to availability. However, it is ultimately the responsibility of the Customer to provide reasonable facilities for unloading the delivery vehicle, unless other arrangements have been agreed by both parties.
  5. All quotations are subject to the goods being in stock on receipt of order
  6. No special warranty is given with goods unless by special arrangement confirmed in writing. It is the responsibility of the Customer to ensure that goods are suitable for the purpose they are applied to.
  7. All quotations are given and orders accepted, subject to supply and delivery not being affected by strikes, lockouts, combination of workmen, fire, fog, ice, snow, accidents or other unforeseen or unexpected causes, or the stoppage at the works of the maker or supplier from any cause whatsoever.
  8. The Company’s prices are based on supplying the materials or services during the Company’s normal working hours.
  9. No order placed in response to a quotation will be binding on the Company unless accepted in writing by the Company.
  10. Unless otherwise stated and / or a credit account has been approved, the Company’s terms are strictly payment prior to supplying materials or services.
  11. Acceptance of orders is subject to a banker’s or other satisfactory credit reference or authorisation being first given to the Company.
  12. If a credit account has been opened for you by the Company, all monies due must be paid by the last day of the month after month of invoice, i.e. NET MONTHLY ACCOUNT. Accounts remaining unpaid after the due date will be closed pending settlement. The account will not normally be re-opened until all (including monies not overdue) outstanding amounts have been paid in full. The Company reserves the right to charge interest monthly at a rate 4% above the Bank of England base rate applicable on the date of invoice, should these terms not be met. In addition the Company reserves the right to charge an administration fee commensurate with the work involved in managing and recovering the debt, subject to a minimum charge of £125, together with all reasonable costs incurred by the Company in recovering the debt, including (without prejudice to the general profitability of the above) all legal and tracing costs. If a cheque received in payment of an account ‘bounces’, we shall make a charge to that account equal to twice the sum charged by our bank for ‘bouncing’ the cheque. Similarly we reserve the right to impose charges on a customer for telephone calls, letters and other collection costs required to recover debts not paid to our terms. Wherever possible the rates for such charges will be based on those charges imposed by High Street banks.
  13. Credit limits may be adjusted upward or downward without notice at any time.
  14. PAYMENT OF CREDIT ACCOUNTS BY CREDIT OR DEBIT CARD. We will accept debit cards for the payment of credit accounts. However credit cards will not normally be accepted for the payment of an account except in exceptional circumstance. In the event of a credit card being used to pay a credit account we will impose an additional charge of 2% on top of the paid amount to cover our costs.
  15. Until full payment is received, all materials supplied will remain the property of the Company.
  16. In all circumstances payment for the goods must be made in full upon the agreed terms and the Customer is not entitled to set off any other claim related to any other matter without the written agreement of the Company.
  17. BREAKAGES & DISCREPANCIES   The Company or carriers acting on our behalf will not accept any liability for goods signed for as “not examined” and subsequently found to be short delivered, damaged or broken. No responsibility can be accepted for damages or shortages unless the goods are signed for as such on the delivery note. Once goods have been signed for, full charge will be made for any replacement or part that may subsequently be requested.
  18. DEFECTS   In the event of any article proving defective in material or workmanship, we undertake (at our option) to replace or repair such articles free of charge,  providing the complaint is made within two weeks of date of supply. We shall be under no liability whatsoever, for the cost of removing, re-fixing or any other consequential loss or damage, direct or indirect, of whatsoever nature. Deal doors are sold without warranty and tiles are not guaranteed against crazing. Because of the nature of many of the goods we supply, colour variations between batches of the same product are inevitable. We are therefore unable to guarantee colour or texture match beyond the manufacturers limits.
  19. SAMPLES. Samples are submitted on the understanding that they are only a guide of quality, colour, texture, etc. of materials offered for sale. We only guarantee to supply materials to the tolerances of quality, colour, texture, etc. as accepted by the manufacturers of the product in question.
  20. CLAIMS   No claim as to any alleged error or discrepancy in respect of price or charges or any other matter can be entertained unless notified to the Company in writing within three months from the date of the relevant invoice. Alleged shortages or damages must be reported within 24 hours of supply.
  21. BYE LAWS & REGULATIONS   It is the purchaser’s responsibility to see that all goods comply with the local bye laws and/or regulations. No liability whatsoever can be accepted for goods which are supplied or fitted and do not meet these conditions.
  22. RETURNS   Arrangements for the return of goods must be made with the Company. Drivers have orders not to accept goods for return without written instruction. We make a re-stocking charge of up to 25% on goods returned for credit plus our haulage charge where goods are required to be collected.
  23. SPECIAL ORDERS   We cannot accept the return of any goods specially obtained, made or modified to customer’s instructions.
  24. ALKALI SILICA REACTION   Customers are advised that some concrete mixes in some conditions in some concrete structures may give rise to alkali silica reaction and its effects. To minimise the risk of this reaction and its effects, when the Company’s aggregates are intended to be incorporated in concrete, the Customer shall satisfy himself/herself that the concrete mix is designed in accordance with current specifications to minimise the risk of alkali silica reaction. The Company will not be held responsible for any loss or damage of any kind arising from the occurrence of alkali silica reaction in concrete in which the Company’s aggregate is incorporated.
  25. No variation to these conditions will be accepted unless confirmed by the Company in writing.
  26. Property in the goods shall pass and the contract made at the point of delivery or collection of the goods subject  to the provisions of Clause 15.
  27. This is therefore not a sale covered by the Distance Selling Regulations.
  28. The Company reserves the right to vary these terms and conditions which will be updated from time to time. The relevant terms and conditions are those which are displayed on the Company’s website at the relevant time of purchase.
  29. These terms and conditions are subject to the Customer’s Statutory Rights and in the event of a term or condition conflicting directly or being incompatible with a Statutory Right the Statutory Right shall prevail.