
Tilesgranite.co.uk Terms & Conditions |
DisclaimerPricing and Technical Data
Tiles Porcelain Ltd will not accept any liability for differences
in shade and texture of colour between different batches of the same
style of tile and will therefore not accept any returns or refund
your purchase. Tiles Porcelain Ltd will not accept any returns or refund your purchase for orders placed without ordering a sample prior to your purchase.
CONDITIONS OF SALE 1. Definitions In these conditions unless the context requires otherwise the singular
shall include the plural and the masculine gender the feminine and
neuter genders and vice versa and the following works shall have the
meanings set out opposite them:- (a) “the Company” shall mean Tiles Porcelain Ltd. (b) “the Customer” shall mean any person firm company
or organisation to whom the Company agrees to sell “the Goods”. (c) “the Goods” shall mean the goods (and any parts thereof)
the subject matter of the contract as described in these conditions
and (if appropriate) on the face of the Company’s acknowledgement
of order form. (d) “the manufacturer” shall mean the manufacturer of
the Goods where the Goods are not manufactured by the company. 2. Technical Advice Technical and other advice is given by the Company’s authorised
representative in good faith and for general guidance only. The Company
is not liable for errors or defects by the Manufacturer or for other
circumstances beyond its control. 3. Samples Samples are exhibited solely to enable the Customer to judge the
quality of the Goods, but not so as to constitute a sale by sample. 4. Variations The Goods are supplied within the Manufacturers tolerancelimits of
size, texture and colour variations. Porcelain, Crystalstone Quartz,
Mosaics, Marble, Travertine, Limestone, Ceramics, Onyx, Slate, Indian
Paving and Stone are supplied subject to natural colour variation. 5. Comparison with Previous Orders The company cannot guarantee to match shades of previous orders. 6. Crazing No guarantee can be given against crazing. 7. Price Quotations Quotations are given in good faith on the basis of current costs
and are open for acceptance for a maximum period of 30 days from the
date thereof. The price is subject to amendment in the event that
the manufacturer’s price, or currency rates change.All prices
are excluding vat. 8. Representations If the customer wishes to rely upon any statement of representation
other than any made in the documents enclosed with the Company’s
quotation or acknowledgement of order then the Customer must set out
that statement of representation in a document to be attached to or
endorsed on the order and in any such case the Company may confirm
reject or clarify the point and submit a new quotation. 9. Delivery Quotation Time is not of the essence of the Contract. Quotations as to delivery
time are given in good faith, but delivery is subject to availability
of the Goods and raw materials and supply from the Manufacturer. Every
effort will be made to effect delivery within a quoted period. Where
delivery is not effected within such quoted period the Customer shall
accept delivery of the Goods within such further period which is reasonable
in all the circumstances PROVIDED THAT if the Customer is of the reasonable
opinion that such reasonable period has expired he shall give written
notice to that effect to the Company stating his reasons for such
opinion whereupon such reasonable period shall be deemed to expire
7 days after service of such notice. The Customer shall have no right
to claim damages or cancel the order for any delay in delivery not
exceeding 7 days beyond such reasonable claim period. 10. Acceptance of Delivery Acceptance of the Goods or payment for the Goods by the Customer to the Company shall itself constitute an acceptance of these conditions where acceptance has not previously been communicated to the Company.
In the event that the manufacture or delivery of any of the Goods
is prevented or hindered directly or indirectly by fire, the elements,
war, civil commotion, strikes or lock-outs, industrial dispute, shortage
of fuel notwithstanding that the Company has taken all reasonable
steps to procure the same, shortage of labour, breakdown or partial
failure of vehicles plant or machinery, acts, orders or regulations
of Government, delay on the part of any independent sub-contractor
or supplier, or any other cause whatsoever beyond the reasonable control
of the Company then the time for delivery of the Goods shall be extended
for a reasonable period having regard to the effect of the delaying
cause on the manufacture or delivery. 12. The contract is deemed to have been made at the Company’s
place of business, for the purpose of the order. 13. Passing of Property (a) Title to the Goods shall not pass to the Customer until the Customer has paid to the Company all sums due and payable by it to the company under this contract and all other prior contracts between the Company and the Customer and until title to the Goods has passed to the Customer the Customer shall possess the Goods or any part thereof as a bailee of the Company and shall store the Goods or any part thereof
separately from other goods so as to ensure that they are clearly
identifiable as the property of the Company and shall not use the
Goods. 14. Delivery
(b) If the Customer requests delivery to a site beyond the nearest
hard road then all risk as to the condition of the Goods on delivery
is with the Customer, and no claims will be entertained as to condition
of the Goods on delivery. (c) Unloading is the responsibility of the Customer. (d) Delivery to the site of nearest hard road to the site requested
by the Customer, established by a signed delivery note, is conclusive
evidence that delivery has been made to the order of the Customer
in full, undamaged, and in compliance with the agreement. (e) The Company shall not be required to fulfil orders in the sequence
in which they are placed. Failure by the Customer to take delivery
of or to make payment in respect of the Goods or any one or more instalments
of the Goods shall entitle the Company to treat the whole of the contract
as repudiated by the Customer. (f) Without prejudice to condition 14(e) the company will endeavour
to comply with reasonable requests by the Customer for postponement
of delivery of the Goods but shall be under no obligation to do so
and where delivery is postponed by agreement otherwise than due to
default by the Company the Customer shall pay all costs and expenses
including a reasonable charge for storage and transportation occasioned
thereby and payment for the Goods shall be made on the date payment
would have been due had delivery not been postponed. 15. Risk (a) If the company delivers in its own vehicle, the Company retains
the risk for the condition of the Good until delivery has been made
(save for deliveries beyond the nearest hard road, in which case condition14(b)
shall apply. (b) If delivery is by a carrier or by post, at the request of the Customer, then risk for the condition of the goods is with the Customer after the Goods have left the Company’s premises. (c) If delivery is by carrier or post of any other means at the Company’s choice, then risk for condition of the goods remains with the Company until delivery.
(e) Delivery is completed by arrival of the Goods at the requested
or appointed destination and before unloading or unpacking. (f) Can you use underfloor heating with our tiles? Yes,underfloor heating is suitable to use with most of the tiles we stock apart from quartz tiles. Quartz tiles are Unsuitable to be used with underfloor heating and if used at your own risk. 16. Payment (a) Payment will be made on issue of pro-forma invoice, upon receipt
of payment goods are then despatched. (b) The Company reserve the right to request payment after delivery. (c) A cheque tendered by the Customer in payment shall not be treated
as payment until the same has been cleared. 17. Cancellation & Returns Cancellation of this contract will only be agreed to by the Company
on condition that all costs and expenses incurred by the Company up
to the time of cancellation and all loss of profits and other loss
or damage resulting to the Company by reason of such cancellation
will be paid forthwith by the customer to the Company. Returns
18. Claims (a) Any claim as to the condition of the Goods on delivery and which
would be apparent on visual inspection must be communicated within
three days of delivery and confirmed in writing within five days after
delivery. (b) Subject to condition 18(c) after five days from delivery the
Customer is deemed to have accepted the Goods as having been supplied
in good condition, and in accordance with the order. (c) Any claim as to the condition of the Goods not apparent on visual
inspection must be communicated in writing to the Company within one
week of the date of delivery. (d) Liability of the Company for the defective condition of any of
the Goods supplied will not exceed the contract value of the Goods
in respect of which the complaint is made. (e) Notwithstanding condition 18(c) no claim may be made in respect
shading or of defective condition of the Goods once they have been
used by fixing, or by any attempt to fix the same to the wall/floor. (f) In the event that the Goods are not manufactured by the Company
then the Company gives no assurance, warranty or guarantee whatsoever
that the sale or use of the Goods will not infringe copyright, registered
design, design copyright or other intellectual property rights of
any other person, firm or Company. 19. Each delivery is a separate Contract. Failure to delivery any
part of an order does not invalidate the Contracts for the balance. 20. The Company’s conditions over-ride any Conditions of Sale/Purchase
of the Customer. The Customers Conditions are only effective in so
far as they do not conflict with the Company’s conditions. 21. Insolvency If the customer shall become bankrupt or unable to pay its debts
as prescribed by Section 123 Insolvency Act 1986 or compound with
its creditors or in the event of a resolution being passed or proceedings
commenced for the administration or liquidation of the Customer (other
than for a voluntary winding up for the purpose of reconstruction
or amalgamation) or if a Receiver, Manager, Administrator or Administrative
Receiver is appointed of all or any part of its assets or undertaking
the Company shall be entitled to cancel the contract in whole or in
part by notice in writing without prejudice to any right or remedy
accrued or accruing to the Company. 22. Notices Any notice required to be given by either the Company or the Customer
to the other shall be deemed to be properly served if send by prepaid
registered letter posted to its registered office or such other address
as may from time to time be notified to the other for this purpose
and any notice served shall be deemed to have been served 24 hours
after the time of posting and in proving such service it shall be
sufficient to prove that the notice was properly addressed and posted. 23. English Law The contract is governed by English Law. The English Courts are the property venue for any actions arising from the Contract.
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