1. Fixing a product constitutes acceptance of the product and these conditions. All tiles should be checked on receipt. The act of laying means the Goods are accepted for shade, quality, type and size. No claims will be accepted once tiles have been fixed.
2. Indent Orders
A deposit of 50% shall be made on all indent orders to secure the order with the balance payable upon delivery.
3. Deposits and Storage
A deposit of 50% is required with the balance payable after 30 days. As space is limited, a storage fee of 2% of the invoice value will be charged on any orders not collected within 30 days. Any storage required for an extended period of time shall be charged at $15 per pallet per week unless agreed otherwise.
Prices are subject to change without notice. All orders will be charged at prices prevailing at the date of delivery of the goods.
5. Time of performance
The vendor shall not be responsible for any delay n delivery of the Goods and the Customer shall not be entitled or cancel the order because of such a delay. Dates for delivery are given in good faith and are not to be treated as a condition of sale or purchase.
6. Terms of Payment
a) Unless otherwise specified, payment for all Goods shall be made no later than the 20th day of the month following supply.
b) An administration fee may be charged on all overdue amounts in addition to any other charges pursuant to this clause.
c) Interest will accrue at a rate of 2.5% on all amounts overdue on a day by day basis until the payment is made in full.
d) All costs of or incurred by the Vendor as a result of a default by the Customer including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client shall be payable by the Customer.
e) If the Customer defaults in any payment or commits and act of bankruptcy or any act which could render it liable to be wound up or if a resolution is passed or proceedings are filed for the winding up of the customer or a receiver is appointed for all or any assets of the Customer, the Vendor may cancel and Order without prejudice to any other rights it may have and payment for all completed Orders shall immediately become due.
Where any quotation is given by the Vendor for the supply of Goods:
a) Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue;
b) The quotation shall be exclusive of Goods and Services Tax (GST) unless specifically stated to the contrary;
c) The Vendor reserves the right to alter the quotation because of circumstances beyond its control
8. Errors and Omissions
Clerical errors or omissions, whether in computation or otherwise in the quotation, acknowledgement or invoice shall be subject to correction.
From the time of dispatch to the Customer by the Vendor, risk in all Goods supplied shall pass to the Customer and any loss, damage or deterioration to the Goods shall be borne by the Customer. The Customer shall notwithstanding any loss, damage or deterioration to the Goods remain liable to pay for the Goods.
The Vendor shall retain ownership of all goods supplied until it receives payment in full of all amounts owing by the Customer for all Orders.
Until payment is made by the Customer, the Customer agrees to:
a) Ensure the Goods are readily identifiable at all times as the property of the Vendor;
b) Hold the Goods as trustee for the Vendor and will deal with the Goods for and on behalf of the Vendor
If the Customer does not pay for any goods on the due date, the Vendor is hereby irrevocably authorised by the Customer to enter the customer’s premises (or any premises under control of the Customer or as agent of the Customers if the Goods are stored at such premises) and use reasonable force to take possession of the Goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer whatsoever.
The Customer shall not be entitled to cancel an Order after the deposit of 50% has been made. If the Customer no longer wishes to receive the order the deposit amount is forfeited to recover costs of the Vendor.
12. Dimensions and Specifications
Dimensions and specifications contained or referred to in any Order, catalogue, brochure or other publications maintained or issued by the Vendor are estimates only.
The Customer acknowledges that quantities estimated or quoted my staff are only an approximate and no responsibility will be accepted in this regard. It is the Customers responsibility to ensure you have enough tiles to complete your area, the Vendor cannot guarantee further supply of the same batch / product and shall be in no way responsible for any loss the Customer may suffer due to the ordering of an incorrect quantity of goods.
14. Suitability of Goods
The Customer must satisfy itself that the Goods as ordered are fit and suitable for the purpose for which they are intended. The Vendor makes no warranties or representation and expressly negates any implied or expressed condition that the goods will be suitable for a particular purpose or use for which the customer may use them. The Customer accepts all risk and responsibility for consequences arising from the use of the Goods whether singularly or in combination with other Goods.
The Vendor gives no warrantee of the Goods other than those extended by the Manufacturer.
Shade variations are an inherent feature of all tiles, no responsibility can be accepted for such variations. Samples are indicative only and goods supplied may be subject to variation in colour and size. Reasonable variations in colour and veining must be expected in all natural stone products, the Vendor shall not be liable for any such variations as may occur in materials supplied.
Glass Mosaics – Due to the semi-transparent nature of some glass mosaics, only a white adhesive should be used. If a colour grout is to be used, this must be mixed into the adhesive due to mosaics being thin. Slight chipping of glass mosaics (5-9%) is associated with the method of manufacturing glass mosaic and shall not be cause for return, claim or compensation.
Porcelain Tiles – It is recommended that all rectangular tiles 30 x 60cm or larger not be laid in a brick bond pattern.
Acids in cleaning chemicals may damage the surface of tiles. No responsibility will be accepted.
Under certain conditions, porcelain and stone may require sealing. Please contact a sealing specialist for further information.
17. Credits and returns
Tiles will be accepted for return in the following circumstances:
a) They are in saleable condition, of current stock and are of the same shade and batch as current stock;
b) They are returned in full, unopened, unmarked and unbroken packages in which they were sold;
c) They are accompanied by the Customers copy of the invoice;
d) They are returned within 20 days of purchase;
e) The Customer pays an amount equal to 20% of the purchase price by way of handling charges
The Vendor will not accept the return of any tiles that are indent or custom-made products, or where goods have been specially ordered or sold at special discounted prices.