Terms and Conditions
- Validity of Quotation
- Terms of Payment
- Retention of Title
- Data Use
- 1. Definitions
- Under the terms and conditions of sale set out below
(a) The Company means Tilestop or Ellistone & Slate Consultants Ltd
(b) The Buyer means the company, person or persons to whom a quotation is made or whom goods are sold by the Company.
(c) Goods” means products supplied by the Company under this contract.
- 2. General
- Any order accepted by the Company whether or not it is based on or results from this or any other quotation given by the Company is deemed to incorporate these terms and conditions; no variation or modification of or substitution for these terms and conditions (even if included in or referred to in the document placing the order) shall be binding unless specifically accepted by the Company in writing.
- 3. Validity of Quotation
- Unless previously amended or withdrawn, the Company’s quotation is open for acceptance for the period stated therein or where no period is stated for 30 days after the date thereof. The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for goods under the terms and conditions of the quotation. The Company reserves the absolute right at any time to alter any of its selling prices and to alter terms which it allows to any Buyer without any notice whatsoever. Subject thereto the Company will make every endeavour to give forward notice of any alteration of selling prices.
- 4. Prices
- Prices are subject to alteration or withdrawal without notice. Orders can only be accepted subject to the condition that Goods will be invoiced at prices ruling on the date of payment, quantities of products are estimates and although we will endeavour to be as accurate as possible any extras will be chargeable.
- 5. Delivery
- Unless otherwise specified in the quotation, delivery shall take place when the Goods are delivered to the Buyers premises, or to such other premises as stipulated in the contract. Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of goods howsoever caused. Time for the delivery shall not be of the essence unless previously agreed by the Company in writing. Where the goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the contract as a whole as repudiated. Delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any order or refuse delivery. Goods delivered to the Buyer must be checked immediately and any damages/faults must be reported to the Company in writing, within 24 hours of delivery. The onus is on the Buyer to check all products before fitting. Fitting is considered acceptance of Quality and Design. If delivery is unsuccessful a further charge will be made for each re-delivery.
- 6. Risk
- From the time of receipt by the Buyer until such time as payment shall be made for the goods the goods shall be at the risk of the Buyer and any loss of or damage to or deterioration of the goods from any cause whatsoever other than negligence of the Company shall be the responsibility of and be borne by the Buyer. In the event of negligence by the Company being established the liability of the Company for such loss or damage shall be limited to the invoice value of the goods.
- 7. Terms of Payment
- Subject to any special terms agreed in writing between the Company and the Buyer the terms of payment are as follows: For all orders, the Payment must reach into the bank account of the Company prior to dispatch of the order. Liability for payment for Goods shall arise on delivery, the Company reserves the right to charge interest on overdue amounts at the rate of 5% per annum above the bank base rate until the payment is made in full. Special orders must be paid in full and once ordered are not retractable. Any goods purchased ex-display or special offer tiles are sold as seen and the onus is on the customers to satisfy themselves as to the quality at time of purchase. No refunds/exchanges will be available on these goods.
- 8. Liability
- All conditions and warranties whatsoever as to the quality and fitness for any particular purpose for the goods supplied whether statutory or otherwise are hereby expressly excluded but every care will be taken to ensure goods supplied will conform to the Company’s Standards or to specification (within the limits of reasonable accuracy) (please see our guarantee conditions). In the event of the Company recognising that the goods supplied do not conform to specification (within the limits of reasonable accuracy) the Company will in assessing the value of any allowance or replacement which it may agree to make have regard to the extent and the nature of any defect, the information given by the Buyer as to the application of the goods, the service which the goods may have already given and all other circumstances of the case, but in any event the Company’s maximum liability in all cases shall be limited to the invoice value of the goods supplied. The Company accepts no liability for consequential loss or damage to property, which is attributed to the failure of the goods supplied whether due to accident, abuse, and incorrect technical assessment by the Company or its representatives or for any other reason whatsoever.
- 9. Errors
- Clerical errors and omissions are subject to correction without notice.
- 10. Retention of Title
- Not withstanding delivery and the passing of risk in any and all goods supplied by the Company, or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Company have received in cash or cleared funds payment in full for the price of the goods and all other goods agreed to be sold by the Company to the Buyer for which payment is then due. All invoices/quotations are subject to the above terms and conditions of sale (without exception).
- 11. Personal Data