Terms and Conditions

1 About us

We are Dorset Soils & Aggregates Limited (also trading as Stone Zone & Landscaping Centre), a company registered in England and Wales under company number: 04483982. Our registered office is at: 7-8 Church Street, Wimborne, Dorset, BH21 1JH. Our Value Added Tax (“VAT”) number is: 723636536.

2 How to contact us

You can contact us by sending an email to sales@dorsetsoils.co.uk or calling us on 01202 874207.

3 These terms

3.1 These terms apply to any purchases you make on our website (“site”) or in-store or over the phone. Please read these terms carefully before you place any orders on our site, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order by ticking the appropriate box on our site or eBay if online.
3.2 For the purposes of these terms, you are a ‘consumer’ if you are buying goods from our site or in-store or over the phone as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are buying goods from our site or in-store or over the phone for purposes relating to your trade, business, craft or profession. Some terms only apply to your order if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully. Provisions specific to consumers only are in green and those specific to businesses only are in blue.
3.3 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is Dorset Soils & Aggregates Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site, in-store or over the phone.
3.4 You must be at least 18 years old and a resident of the UK to place an order on our site, in-store or over the phone. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5 We may make changes to these terms at any time. However, the terms which apply to your in-store purchase or order will be those in force at the time you make the in-store purchase from us or submitted your order to us.
3.6 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English. If you purchase goods in-store, a copy of these terms will be provided to you. If you purchase goods over the phone, a copy will be sent to you to the email address you provide to us.

4 Orders

4.1 Please check your order carefully and correct any errors before you submit it to us.
4.2 After you place your order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your order has been accepted by us. Your order is an offer to buy goods from us on these terms. No order placed by you shall be deemed to be accepted by us until a written acknowledgement of the order is issued by us or (if earlier) we deliver the goods to you.
4.3 Any quotation for goods is given on the basis that no agreement will come into existence until we despatch an acknowledgement of the order to you and such quotation may be altered or withdrawn without notice by us. Any quotation is valid for a period of 30 days only from its date, unless otherwise stated, provided that we have not previously withdrawn it.
4.4 Acceptance of your order by us takes place when we dispatch your order to you, at which point a legally binding contract is formed between you and us on these terms.
4.5 If we do not accept your order, for example because we have been unable to pre-authorise the payment, the goods are unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the goods, we will email you using the details you provided when you placed your order. We have the right to reject any order for any reason.
4.6 If we are making any bespoke or personalised goods for you which are based on measurements or other information you provide to us, you are responsible for ensuring that the information is correct.

5 Availability

All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop selling certain goods. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund (including any delivery costs) if payment has already been taken.

6 Product descriptions

6.1 Descriptions of our goods are set out on our site and in our in-store catalogue.
6.2 Please read the goods description carefully. Pictures and images of the goods or their packaging on our site and in our in-store catalogue are for illustration purposes only. Your goods and their packaging may vary slightly from those pictures or images.
6.3 We cannot guarantee that the colours displayed on your device or in our in-store catalogue will match exactly the appearance of your goods. The colours of the goods displayed on our site may vary depending on what device you are using and your settings.
6.4 To the extent that the goods are to be manufactured in accordance with measurements or quantities (Specifications) supplied by you, you shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with our use of the Specifications. This clause 6.4 shall survive the termination of these terms.
6.5 We reserve the right to amend the Specifications of our goods if required by any applicable statutory or regulatory requirement, and we shall notify you in any such event.
6.6 Where fine or special tolerances are required in goods supplied beyond those generally accepted in the building trade, no liability shall attach to us unless such fine tolerances are notified in writing to us at the time of order and we have acknowledged in writing that we are prepared to accept such order.
6.7 All weights, sizes and measurements set out on our site and in our brochure are as accurate as possible but there may be a small tolerance of up to 10%.

7 Use restrictions

7.1 If you are a consumer, you must use our goods only for domestic and personal use. You must not use our goods for commercial, business or resale purposes.

8 Prices

8.1 Prices for our goods are set out on our site, on our price list and in your order. All prices are in pounds sterling (£)(GBP) and unless stated, excludes delivery charges, costs and charges of packaging, insurance, transport of goods and VAT (subject to the receipt of a valid VAT invoice) which you shall additionally be liable to pay to us at the prevailing rate. For information on delivery options and costs, go to https://www.stone-zone.uk/pages/delivery-information or if purchasing goods in-store please enquire with a member of our customer services team.
8.2 Prices for our goods and delivery charges may change at any time. Except as set out in clause 8.3 below, such changes will not affect existing orders.
8.3 If there has been an error on the site regarding the pricing of any of our goods and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
8.4 If a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we will be able to end the contract and refund you any monies paid.

9 Payment

9.1 We accept credit cards and debit cards. You can also pay by PayPal, Apple Pay, Sagepay and bank transfer. All credit card and debit card payments need to be authorised by the relevant card issuer. Please contact us to request bank details.
9.2 We will take payment from your card when your order is placed. If the payment is unsuccessful, we will try to contact you using the contact details you provided when you placed your order. If we are unable to contact you, we will cancel your order and notify you by email.
9.3 For the purchase of goods that take place in-store, unless otherwise specified, payment shall be payable in cash or by card at the time of purchase or upon placing an order. If cash is not
paid at the time of purchase or placing of the order, we have the right to request cash for the goods on the date of delivery.
9.4 We may invoice you for the goods on or at any time after the completion of delivery.
9.5 You shall pay each invoice submitted by us:
9.5.1 in accordance with any credit terms agreed by us and confirmed in writing to the you; and
9.5.2 in full and in cleared funds to a bank account nominated in writing by us, and
time for payment shall be of the essence of the order.
9.6 If you fail to make a payment due to us for your order by the due date, then, we shall be entitled to:
(a) cancel the order or suspend any further deliveries to you; and
(b) appropriate any payment made by you to such of the goods (or the goods supplied under any contract between you and us) as we may think fit notwithstanding any purported appropriation by you; and
(c) charge interest to you at the rate of 8% above the base rate from time to time of National Westminster Bank plc on the unpaid balance; this interest shall accrue on a day to day basis from the date due for payment until receipt by us for the full amount whether before or after any judgment; and
(d) be indemnified by you against all costs and expenses (including legal costs and expenses on a full indemnity basis) incurred by us in recovering sums due or in exercising our rights set out in these terms.
9.7 Interests costs and expenses shall be due and payable pursuant to the foregoing clauses notwithstanding the fact that a portion of the account is subject to any dispute or query.
9.8 If at any time a business customer is an existing credit account customer and, if a company, intends on altering its constitution or, being a sole trade or partnership, to become incorporated or amalgamated with others, it shall be your duty to give prior written notice to us of the intended change if you wish to continue credit account facilities following the intended change. Continuance of trading with the amalgamated entity or commencement of trading with a new entity shall be in the sole discretion and only deemed undertaken by us if a written acknowledgement is issued by our credit controller or one of our directors. You agree that we may obtain, retain, and provide to third parties, references as to your financial standing. All amounts due under the order shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
9.9 Any credit held on a customer account must be used within 6 months of the date on which the credit was applied by us to the customer’s account.

10 Delivery dates and costs

10.1 For information on delivery options and costs, go to https://www.stone-zone.uk/pages/delivery-information. You will be given available delivery options to choose from when you place your order. We deliver to the locations listed on the Delivery Information page on the site. Please note there are surcharges for deliveries to the Channel Islands, Scotland and Ireland.
10.2 Delivery will occur when the goods are ready for unloading at the delivery address, or when you take possession of the goods at any of our premises (details of the locations of our premises can be found here: https://www.stone-zone.uk/depots) whichever is the earlier. Delivery dates or times mentioned in any quotation or acknowledgement of order or elsewhere are approximate and not of contractual effect and we shall not be liable to you for any failure to deliver on any particular date or dates, or at any particular time, nor shall time be of the essence of any contract or shall it be possible to make time of the essence
10.3 Except where we have agreed to provide a vehicle mounted crane or tip, you will provide all necessary labour and equipment required to unload materials promptly.
10.4 Your order will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order.
10.4.1 Please be informed that any orders placed during a bank holiday weekend for a Next-Day Delivery will be delivered on the 2nd working day; as the delivery confirmation, may state otherwise.
10.5 Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates, unless we have agreed a specific delivery date with you.
10.6 We will do all that we reasonably can to deliver your order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
10.7 In the event of any breach of your obligations under this clause 10 and/or your failing to provide unrestricted access to enable us to make a delivery in an efficient manner then you agree to indemnify us against any cost, claim, loss or damage arising there from.
10.8 It is your responsibility to ensure adequate access to the delivery address. We operate a 'wasted delivery charge' for deliveries or muckaways that we are unable to complete due to insufficient access. The wasted delivery charge is £60 per order (excluding VAT) but can be up to £60 per pallet (excluding VAT) for national deliveries outside our local area.
10.9 On your request, we will within 1 month of delivery, provide evidence of delivery of goods ordered, such as a copy of a delivery note. If you do not raise any query about delivery within such period, the goods shall be deemed to have been delivered in accordance with your order.


11 Delivery

11.1 We will deliver your order to the address specified by you when you placed your order (Delivery Location).
11.2 Local deliveries can be delivered by us in a crane mounted vehicle. These deliveries may be possible to complete when you are not present.
11.3 National deliveries will be carried out by a third-party distribution network. These deliveries are carried out using a tail lift lorry, where the delivery driver will make a kerbside delivery on a pallet. Please note: these deliveries will be made on a specified date, between 8am to 5pm, you do not have to be there for delivery.
11.4 Our obligation to deliver to a Delivery Location is conditional upon you meeting the requirements on our delivery service site page (located here: https://www.stone-zone.uk/pages/delivery-information). You must read these delivery requirements in full before placing an order. If you are still in doubt about the Delivery Location we can provide you with more detailed information regarding our requirements if you request such further information.
11.5 If you fail to take or accept or refuse delivery of the goods then, except where such failure or delay is caused by our failure to comply with our obligations under the contract in respect of the goods:
11.5.1 we shall not be liable for any delay or failure in delivery of the goods; and
11.5.2 we shall be entitled to immediate payment in full for the goods; and
11.5.3 we reserve the right to deliver the goods in any event to the Delivery Location; or
11.5.4 we shall store the goods at your risk for 10 Business Days and reserve the right to charge you for all related costs and expenses (including insurance) relating to the goods and storage of them.
11.6 We may deliver the goods by instalments, which shall be invoiced, and can be paid for, separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
11.7 Once any goods purchased by you in-store or ordered by you have been delivered to you, your address or in accordance with the delivery instructions you provided to us, the risk in the goods passes to you and the goods are classed as having been ‘delivered’. This means that you are responsible for the goods and we are not liable to you if the goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the goods are faulty or misdescribed.
11.8 Title to the goods shall not pass to you until we receive payment in full (in cash or cleared funds) for the goods and any other goods that we have supplied to you in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums. Until title to the goods has passed to you, you shall:
11.8.1 store the goods separately from all other goods held by you so that they remain readily identifiable as our property;
11.8.2 not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
11.8.3 maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
11.8.4 give us such information as we may reasonably require from time to time relating to:
(a) the goods; and
(b) the ongoing financial position of you;
11.8.5 hold the goods on a fiduciary basis as our bailee and you may sell and deliver the goods to third parties in the ordinary course of your business, acting towards such third parties as a principal and not as your agent, but you shall hold all proceeds of sale on trust for us in a separate bank account; must store the goods (at no cost to us) separately from all other goods of yours or any third party in such a way that they remain readily identifiable as our property; must not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; must maintain the goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction. On request you shall produce a policy of insurance to us; and must hold the proceeds of the insurance on trust for us and not mix it with any other money, nor pay the proceeds into an overdrawn bank account;
11.8.6 on receipt of written notice from us or on the happening of any events out of our control your authority to sell our goods shall immediately be withdrawn and all such goods made therefrom shall immediately be delivered to us at your cost and risk.

12 Consumer cancellation rights

This clause 12 only applies to you if you are a consumer.
12.1 You have 14 days from the date of your order to change your mind and cancel your order if you purchased the goods from us online through our site or over the phone. This does not apply to bespoke or special-order goods or goods purchased in-store.
12.2 To cancel your order, please email us at sales@dorsetsoils.co.uk or call us on 01202 874207. To help us process your cancellation more quickly, please have your order number ready or include it in the email you send to us.
12.3 If you have already received your order, you must return the goods to us within 28 days of telling us that you want to cancel your order. If you are responsible for the costs of return and we offer to collect the product from you, we will charge you the direct cost to us of collection and we will deduct such costs from your refund. The deadline is met if you send the goods back to us before the 28-day period has expired. We strongly recommend that you get proof of return. We may withhold the refund until we have received the goods back from you or until you have provided us with evidence that you have sent the goods back (whichever is earlier).
12.4 Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the goods in a way that has diminished the value of the goods, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the goods. You are responsible for the goods while they are in your possession.
12.5 Unless your goods are faulty or misdescribed, you are responsible for the cost of returning the goods to us.
12.6 We will provide you with a full refund as soon as possible. If you cancelled before you received any goods, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent goods back to us, we will issue the refund no later than 14 days after the day we receive the goods back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the goods back.
12.7 We will only refund delivery costs where the order has not been successfully delivered to you.
12.8 We will issue your refund to the same payment method you used when you placed your order.

13 Faulty goods—consumers

This clause 13 only applies to you if you are a consumer.
13.1 The goods that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply goods that are in conformity with our contract with you. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
13.2 If your goods are faulty or misdescribed, please contact us as soon as reasonably possible, prior to using or installing the goods.

14 Faulty goods—all customers

This clause 14 is subject to the rights of the consumer under clause 13.
14.1 We warrant that the goods will, on delivery:
14.1.1 conform in all material respects to their product descriptions on the site;
14.1.2 be free from material defects in design, material and workmanship; and
14.1.3 be of satisfactory quality within the meaning of the Sale of Goods Act 1979.
14.2 As your sole and exclusive remedy, we will (at our option) repair, replace or refund any goods that do not comply with clause 14.1, provided that:
14.2.1 you have duly inspected the goods immediately on delivery and prior to using or installing them (or any part of them) in any way, including but not limited to checking batch numbers;
14.2.2 you notify us by email to sales@dorsetsoils.co.uk in the case of defects discoverable by a physical inspection, or in the case of latent defects, within 2 days from the date on which you became aware (or should reasonably have become aware) of the defect, provided that you have not used or installed them (or any part of them) in any way;
14.2.3 you provide us with sufficient information as to the nature and extent of the defects;
14.2.4 you give us a reasonable opportunity to examine the defective goods; and
14.2.5 you return the defective goods to us at your expense.
14.3 Except as set out in this clause 14, we give no warranties and make no representations in relation to the goods, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
14.4 We shall not be held liable for damage or effects to goods due to natural occurrences, such as infestation, fungi and other such like, and any effects on goods caused by poor workmanship.
14.5 We shall not be liable for damage or effects to goods caused by wilful damage, negligence (other than our employees or agents), fair wear and tear, alteration or repair of the goods without prior written approval, incorrect storage, application, movement, affixing or installation, or any use of the goods outside of its intended purpose.
14.6 We will not accept liability for shortages in quantities delivered unless you notify us of any claim for the short delivery of the goods within 2 working days of delivery. In such circumstances, our liability shall be limited to making good the shortage, subject to clause 6.7.
14.7 We may at our absolute discretion, agree to refund any items returned by business customers which are not faulty and are surplus to requirements but in doing so we shall charge a restocking fee at 25% of the amount to be refunded.

15 Events beyond our control

We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 2 weeks, you may contact us to terminate the contract.

16 Our liability to consumers

This clause 16 only applies to you if you are a consumer.
16.1 We will only cover aggregate liability for individual claims under or in relation to any supply of goods purchased online or in-store pursuant to any one order equal to 1.5 times the total price paid to us for any purchases online in relation to an order or all goods purchase, paid for and received by a consumer in-store or over the phone.
16.2 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
16.3 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
16.4 Any estimates of guarantees or advice or recommendations as to the suitability or fitness of any goods for any particular purpose given by our employees or agents, is given without liability on our part.
16.5 Any goods not manufactured by us but supplied by us to you will have the benefit of any third-party manufacturer’s guarantee or other rights (if any) which are available to us against the manufacturer.
16.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

17 Our liability to business customers

This clause 17 only applies to you if you are a business customer.
17.1 Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed 1.5 times the total price paid to us for any purchases online in relation to an order or all goods purchased, paid for and received by a business customer in-store or over the phone.
17.2 We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
17.2.1 consequential, indirect or special losses; or
17.2.2 for the reasons set out under clause 16 above; or
17.2.3 any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
17.3 Nothing in these terms will limit or exclude our liability for:
17.3.1 death or personal injury caused by negligence;
17.3.2 fraud or fraudulent misrepresentation; or
17.3.3 any other losses which cannot be excluded or limited by law.

18 Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://www.stone-zone.uk/pages/privacy-and-cookies-policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.

19 No third party rights

No one other than us or you has any right to enforce any of these terms.

20 Termination

20.1 Without limiting our other rights or remedies, we may terminate any contract we have with you (“the contract”) with immediate effect by giving written notice to you if:
20.1.1 you commit a material breach of any term of the contract and (if such a breach is remediable) you fail to remedy that breach within 14 days of being notified in writing to do so;
20.1.2 being a company, you take any step or action in connection with entering administration, insolvency, provisional liquidation or any composition or arrangement with creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or 20.1.3 your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of the contract is in jeopardy.
20.2 Without limiting our other rights or remedies, we may suspend provision of the goods under the contract or any other contract between you and us if you become subject to an event out of our control, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this contract on the due date for payment.
20.3 Without limiting its other rights or remedies, we may terminate the contract with immediate effect by giving written notice to you if you fail to pay any amount due under the contract on the due date for payment.
20.4 On termination of the contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of goods supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
20.5 Termination of the contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination.
20.6 Any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination of the contract shall remain in full force and effect.

21 Complaints

21.1 If you are unhappy with us or the goods you ordered, please contact us at sales@dorsetsoils.co.uk.

22 Governing law and jurisdiction

22.1 If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
22.2 If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).

23 General terms

23.1 You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
23.2 If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
23.3 If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
23.4 If you are a business customer, any variation to these terms will not be binding unless expressly agreed in writing between you and us.
23.5 If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms
23.6 Any notice required to be given hereunder shall be sent to the address of the recipient given on the order. A notice shall be deemed to have been served if by hand when delivered, if by telex or facsimile, when sent and if by first class post 48 hours after posting.
23.7 Certain goods supplied by us could if incorrectly used give rise to risks to health and safety, information in respect of such is available from us. You undertake to us that you will ensure compliance so far that is reasonably practicable by your employees, agents, licensees and customers with any instructions given by us or the manufacturer for the purpose of ensuring that the goods will be safe and without risk to health when properly used and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of persons handling, using or disposing of them