Definitions "We", "us", "ourselves" - refers to Spanish Tiles Direct Limited "You", "your", "yourself" - refers to our customer "this agreement" - means the contract between you and us for the purchase and sale of the Goods "the Goods" - means the products specified in our quotation
Our Obligations Will: deliver the Goods to you at the nearest safe and convenient unloading point to the location you have stipulated on or before the date we have specified. If no date is specified, we will deliver within a reasonable time from receipt of your order. You understand and accept that we have to obtain the Goods from abroad, which may cause some delay in delivery. In no case is time of the essence nor is it capable of being made of the essence. "Delivery" includes collection by you. replace with equivalent goods any of the Goods which are found to be damaged on delivery; provided that you fulfil your obligation under clause 3.11, that no goods will be replaced if you can reasonably be expected to use them and that no claim for damage will be entertained after they have been fixed to any property. accept liability if by reason of defect in the goods or breach of duty by any person for whom we are legally responsible anyone suffers death or bodily injury. There is no limit on that liability. Apart from those situations, we will not be liable for any loss or damage at all. In the event that the exclusion of liability contained in this clause is legally ineffective. such liability is limited to the extent and by the terms of our insurance cover, a copy of which is available on request.
Your Obligations Will:Terms of Payment: No orders are considered placed until the 50% deposit is paid. Orders will not be released or delivered until cleared funds are paid in full. a) Supply only. Unless specified to the contrary all supply only invoices are due for payment in full on the day of order of goods. b) Discount and Late Payment. If payment in full or part is outstanding after 14 days of delivery or completion, we reserve the right to withdraw any discounts given and invoices will be due in full. c) Interest Rate. We reserve the right in any event to claim interest at 10% per month from the date of the invoice.
Title of Goods. Title will NOT pass to the "buyer" until payment in full of the purchase and installation price as stated on invoice is paid to the "Company". A more comprehensive explanation of this clause is available upon request. Prices are subject to alteration without prior notice. Our price list is a guide only. In no circumstances does it constitute an offer to sell our products at the published price by our own or any of our stockists company's. Delivery/Quotations are given in good faith in light of delivery position and subject to availability of materials. Every effort will be made to effect delivery within the quoted period, but no liability can be accepted should it be exceeded. Quotations are based on current costs and are subject to amendments on or after acceptance to meet any recognised rise in such costs. Such rises will apply at date of invoice/dispatch irrespective of date ordered. Quotations are based unless otherwise stated, on our current range of stock. Special Orders as all goods are NOT stocked items. We cannot accept cancellation of orders. The right is reserved to refuse cancellation of orders of goods in the process of manufacture, ready for dispatch, in transit and collected/delivered. Order Cancellation. The right is reserved to refuse cancellation of orders of goods in the process of manufacture, ready for dispatch, in transit and collected/delivered. Conditions of Order. In the event of any customer's official order form containing any special conditions, it is understood that such conditions are only binding in so far as they are not of any variation with the terms and conditions mentioned herewith, unless specifically accepted by us in writing by a director of the company. Credits. We cannot accept goods for credit where goods have been correctly supplied to order. Short Delivery Claims. No claim for short delivery can be entertained unless signed at the time of delivery. The total number of items is shown on all delivery notes, and is signed for to that effect. Customer's signature on delivery notes accompanied by remarks as "unexamined" or similar will not be binding to the Company. Damaged Goods. No claim for damaged goods can be entertained unless a claim is received in writing at the above company's official office within 24 hours of receipt of goods. No claim for unboxed goods will be accepted unless signed on time of delivery, only then will valid claims for damaged goods be considered for replacement. All damaged goods must be returned to us with photographic evidence before a replacement can be issued. No Sale or Return. No tiles, stone or ancillary materials can be supplied on a sale or return basis. Site Deliveries. Site deliveries are only undertaken on the understanding that purchaser will be responsible for the offloading of the goods and storing the same to prevent theft or damage from weather etc. We reserve the right to decline a site delivery. We will only make one delivery attempt to a site, any further delivery attempts will be charged at the full rate per visit.
3.14 Specifications & Colours. All colours and specifications including sizes are approximate only and especially with handmade and natural products, which may vary considerably; they are indicative only and should not be regarded as precise. Specifications and origin of materials are correct of time of publication but may change thereafter. 3.15 Qualities and Use. Suggestions of use of tiles do not indicate they will never show signs of wear when used for that purpose. 3.16 Samples Shown & Supplied. Samples are indicative only that they will vary from tile to tile and batch to batch. No two tiles or stones are the same. 3.17 Natural Stone, Slate and Terracotta. Any products in our range of natural wall and flooring may have minor chip, blemishes and imperfections, which will not be accepted as faulty. This is usual for this type of product and can enhance the appearance when installed. This does not entitle you to reject the goods. 3.18 Goods Delivered or Collected. The Company reserves the right to refuse any reasonability for materials supplied incorrectly or in fact faulty in any way, once these said goods have been fixed, as all goods should be carefully inspected before fixing. The use of goods implies their acceptance by the Customer. 3.19 Acceptance of Terms and Conditions. The purchaser shall be deemed to have accepted these terms and Conditions of sale, without reservations, upon the placing of any order for the supply of goods and goods and services. 3.20 Brochure reproductions, every effort has been made to closely reproduce the materials shown in this brochure, but due to the problems and tones illustrated. Samples are always available for final confirmation prior to ordering. 3.21 Ensure that the quantities of Goods you order are sufficient for your purposes and that the materials to which they are to be fixed are suitable to receive them and are suitable for your intended use. We advise you, when calculating quantities to order, to add 10% to allow for cutting, wastage, selection, damage on site and unavoidable damage in transit. However, we will not accept returns of any of the Goods which provide to be surplus to your requirements. We will not fix the Goods and if we do identify for you any fixing contractors, we do not recommend them nor will we be liable for their work. 3.22 Take delivery of the Goods when offered. In default, you will on demand reimburse to us all the additional costs and liabilities we incur as a result of that default, i.e. warehousing or additional delivery costs. 3.23 Be responsible for the provision of all necessary labour and equipment to ensure the safe and prompt unloading of the Goods from the delivery vehicle. 3.24 We may increase the price for the Goods if the cost to us of acquiring them for you rises after this agreement has been made or if the exchange rate between sterling and the manufacturer's currency moved adversely to sterling by more than 5% between the date of this agreement and the date of delivery. In either case, the price will be increased by the same proportion as the rise or the movement as the case may be. 3.25 You have satisfied yourself that the Goods will meet your performance requirements and you agree that you have not relied upon any advice from us in that regard. 3.26 Goods will only take on their proper appearance when fully dried, cleaned and sealed. We can supply treatment instructions but you are responsible for the proper application of that treatment. 3.27 The implied terms set out in the Sale of Goods Act 1979 sections 12 to 15 inclusive (or any statutory replacement or modification of them) are excluded. 3.28 Risk in the Goods passes to you on delivery. You should insure them from that point. 3.29 The parties intend that no term of this agreement may be enforced by a third party. 3.30 No variation in the agreement shall be valid unless it is in writing and signed by both parties. 3.31 These terms and conditions, with the information set out overleaf, comprise the entire agreement between you and us. You agree that you have not relied upon any other representations or promises other than those contained in this document. 3.32 Either party pay cancel this agreement if the other becomes subject to a petition for bankruptcy or winding up or to administrative receivership or initiates proposals for a voluntary arrangement. 3.34 In the unlikely event that the Company agrees to accept return of any of the goods supplied due to exceptional circumstances a payment of 10% of the invoice value is required. Collection will not be effected without receipt of cleared funds. This is totally at the discretion of the Company.
A copy of the above terms and conditions in large font text is available upon request.
