This website and online store is owned and operated by McMonagle Stone. This page states our company terms and conditions under which you may use our website and purchase our products. Your use of this site constitutes acceptance of our terms and conditions. If you do not accept the terms and conditions outlined below we ask that you refrain from using the website and purchasing our products.
Whether as the basis of a contract or not, any information, advice, drawings, technical details, given by us, is given in good faith and in light of our available knowledge and experience. Every effort is made to ensure that the information is reliable, but we cannot be held responsible for any loss (financial or otherwise), injury or damage which may result there from. Your acceptance of any quotation, submitted in accordance with Condition 5, constitutes acceptance of these conditions as terms of any contract made between us for the supply of our material. All other conditions and any modifications of these conditions and all other conditions and warranties in any other document upon which you may claim to rely are excluded, unless we have expressly accepted them in writing.
2. CONDITIONS AND WARRANTIES:
No guarantee warranty or condition whether express or implied by Common Law, statute or otherwise is given by us in relation to materials supplied or to be supplied as to their fitness for any particular purpose or for use under any specific conditions, even though such purpose or condition may be known or made known to us.
3. DEFECTIVE MATERIAL:
(a) Materials supplied by us and represented by you to be defective shall not form the subject of any claim against us or for any loss, damage or expense arising directly or indirectly from such defects, but such material if reported to us within three days of delivery and returned to us and accepted by us as defective, will at your request and if practicable be replaced as originally ordered. Defects in quality or specification in any delivery shall not be a ground for cancellation of the remainder of the order or contract. McMonagle Stone will not be responsible for any shortages of materials or defects in materials reported more than three days after delivery. Client should check all materials immediately upon delivery. No remedial work should be undertaken to remedy defective materials without the express written consent of McMonagle Stone.
(b) Where a claim for remedial work arises, McMonagle Stone will not accept any costs arising from such works whether carried out by sub-contractors or others unless previously agreed and accepted in writing by McMonagle Stone.
Where materials are required to comply with a particular specification, the request for a quotation by us must be accompanied by sufficient information to enable us to proceed with the order forthwith on acceptance of our quotation.
Unless previously withdrawn our quotation is open for acceptance by you by the placing of an order within 30 days of the date of the quote or such longer period as we may prescribe. Our quotation includes only such materials stated therein and, where appropriate, to such specifications. The price quoted on our quotation relates only to such materials as are stated therein and/or such materials as may be required pursuant to any specification given by you in accordance with Condition 4 above.
6. TERMS OF PAYMENT:
The Company's terms of payment are strictly cash before supply of the goods. Where an account has been approved by the Company, unless otherwise agreed in writing, payment shall be made by the end of the month following that in which the invoice is dated. McMonagle Stone will not be held responsible for any delays caused by client's non-compliance with terms of payment. The customer shall not make any set-off against the sum due or raise any counterclaim in diminution of the sums due, but must pay the purchase price and other charges (if any) on the date or dates agreed. McMonagle Stone should be notified immediately of any error on Invoice.
7. COST OF DELIVERY:
Unless otherwise stated, carriage and Mounty fee (if required) will be charged as per the agreed quotation with a maximum offloading time of half an hour. An additional rate per hour as advised will apply should offloading exceed offloading time allocation.
Any delivery period specified in our quotation is our normal delivery period ruling at the date of the quote and begins to run from acknowledgement of your order, or from receipt of information required under Condition 1 if later. We will use our best endeavours to dispatch from our works within the delivery period, but accept no liability for failure to do so unless a guarantee has been given in writing with a specified rate of liquidated damages for late delivery and you have suffered loss by the delay, provided that no liability is accepted if the failure to deliver on the guaranteed delivery date or within the guaranteed delivery period results from any cause outside our control including, without prejudicing the generality of the foregoing, strikes, lockouts and other industrial disputes. Date of delivery shall mean date of first delivery if and where there are any subsequent deliveries.
9. DAMAGE IN TRANSIT:
When the price quoted in our quotation includes delivery to a customer, we will replace free of charge materials damaged in transit, provided that notice is given both to the carriers and to our offices to arrive within three days of delivery to you of the material and the damaged materials are dispatched back to us within 14 days of such delivery.
If you purchase our materials for the purpose of re-sale in the course of trade, you undertake with us not to make representations to or to give guarantees to your customers more extensive than those made or given by us.
Any extension of time or waiver of the terms of the contract by us shall not release you in any other respect from the terms of the contract.
Any notice invoice or document which we have to send to you shall be deemed to have been received by you in the normal course of post if we send it by pre-paid post (by air-mail in case of export sales) to the most recent address which you have notified to us for correspondence.
If you fail to make payment to us in accordance with these conditions, or commit any other substantial breach, or if you commit an act of bankruptcy, call a meeting of your creditors, or if (being a limited company) you commence to be wound up or have a receiver appointed to your undertaking or assets or a substantial part thereof, we may suspend or cancel work on the manufacture of materials ordered by you, or cancel delivery or stop the material in transit, and upon giving you notice thereof in writing and without prejudice to our accrued rights against you we may at our option cancel the contract.
No material supplied to you by us shall be exported by you without our prior consent in writing.
15. PASSING OF RISK AND TITLE:
(a) Unless otherwise stipulated in writing the risk in the goods shall pass to the purchaser when a Proof of Delivery has been signed by the purchaser or by the purchaser's Representative.
(b) The property in the goods shall remain with the vendor until payment has been made and the purchaser hereby declares it to be the trustee thereof for the vendor.
(c) If the goods are sold by the purchaser such sale shall be as agent and for the account of the vendor and the vendor shall be entitled to the proceeds of such sale to the extent of any sums in respect of the goods due to it from the purchaser and the purchaser hereby declares itself trustee thereof for the vendor.
(d) Until payment for goods the purchaser shall keep them insured in their full replacement value on behalf of the vendor but at the cost of the purchaser. The purchaser shall do all such things including the execution of deeds and documents as may be necessary to protect the vendor's property of other rights in the goods.
(e) We reserve the right to charge interest on overdue accounts.
16. IMPORTED STONE:
Should the cost of imported stone (from the date of this quotation to actual date of import) exceed the stated or agreed formula the Company would charge this extra on production of supporting documentation.
17. TRADEMARKS, WARRANTIES & COLOUR:
(a) No guarantee or warranty is given that these goods are designed or suitable for the purpose of which they may be intended.
(b) Samples are only submitted as indicative of the product quoted for without any guarantee as to the colour or quality of the bulk. All quotations are made on the basis that sales are by description and not by sample, unless otherwise agreed specifically by the Company in writing.
(c) Materials are supplied subject to natural formation characteristics, colour and marking variations.
(d) To avoid permanent staining remove any excess mortar from Stone surface immediately.
(e) To avoid any possibility of colour banding build from two separate packages.
You may cancel your order (or any part of it) for any reason before delivery or within 7 days of delivery by getting in contact with us, either by phone or email. Your cancellation will be confirmed by return email. In the case of a cancellation of any architectural items in which the customer has paid a deposit, McMonagle Stone reserves the right to keep the deposit.
19. RETURNS POLICY:
Our returns policy is in addition to your legal rights and our Conditions of Sale.
McMonagle Stone do not accept returns on excess quantities of over ordered material or where a customer simply changes their mind. We will refund the price of certain products (as specified below) for store credit or exchange the product once it is returned to us unused in a saleable condition.
We do not accept returns on Bulk Chippings, McMonagle Stoneer or Architectural (bespoke) products unless there is an error by McMonagle Stone. Colour or shading is not considered an error or defect. Any customer concerns relating to defects following receipt of an item which has been manufactured By McMonagle Stone must be accessed visually before any replacement can be manufactured. We do not accept returns on Walling Stone unless returned unused or in exchange for another product. This will be liable for return haulage and a minimum 10% restocking fee. We do not accept returns on JOINTEX, Ardex and accessories unless returned within 1 month of purchase, unused and in its original packaging. Items will be subject to a credit note.
In the event that Paving is returned unused in its original packaging, full credit less restocking charge of 15% will be offered. If we are requested to collect goods, the return is subject to return haulage costs plus 15% restocking charge. No credit will be offered on single slabs. Where customers fail to return goods to us, we shall be entitled to charge the customer for the reasonable costs of collecting the goods from them. We reserve the right to deduct such costs from any refund / credit due.
If the product you purchase is damaged or faulty, we may offer an exchange or refund as appropriate in accordance with your legal rights. It is important for customers to fully inspect deliveries on arrival, any discrepancies / damage must be reported within 3 days of delivery. If you can see some of the delivery has arrived damaged, we ask you to sign for it as "damaged" on arrival and send supporting imagery by email to email@example.com. That way it will be easier for us to access the damage, determine whether it can be repaired or replacements organised.
Unfortunately, breakages can happen and we will send out replacements as soon as we can. To help us, we recommend that you open all products and check exactly how many individual slabs/pieces are broken, take photographs of the breakages, and then contact our office.
Please note: We will refund the price of the item to the purchaser or exchange the product once it's received by us. A refund of the delivery charge will be given in the instance of incorrect, damaged or faulty goods only.
20. COMPANY REGISTRATION DETAILS:
(a) McMonagle Stone is the registered trading name of Donal Mac Monagail agus a Mhic Teo. Registered in Republic of Ireland. No. 128807. Registered Office: Turrishill, Mountcharles, Co. Donegal, Ireland, F94 VK16.
(b) McMonagle Stone UK is registered in the United Kingdom. Company No. 7287084. Registered Office: 60 Winsor Avenue, London, United Kingdom, SW19 2RR.
21. CONTACT US:
Should you have any queries relating to our Terms & Conditions please contact our Head Office in Mountcharles, Co. Donegal on +353 (0)74 9735061 or email firstname.lastname@example.org.
At any time McMonagle Stone reserves the right to amend our terms and conditions by removing, modifying or changing part or all terms and conditions detailed below. Any changes made will take immediate effect. It is the customers sole responsibility to review our terms and conditions prior to purchase.