CONDITIONS OF TRADING
CONDITIONS OF TRADING
a) “the Company” means Discount Tile Centre whose registered office is 93 Mansfield Road, Daybrook, Nottingham, NG5 6BH
b) “the customer” means the person , company or firm by which the goods are purchased
• “the goods” means the goods subject of the contract or contracts to which conditions apply
Unless otherwise expressly agreed in writing by the Company, every sale of goods and services by the Company shall be the subject to these conditions to the exclusion of any other terms whether contained in any other set of conditions issued by the company or the company's agents or in a form or order or any other document issued by the Buyer (or service user) or the Buyers(or service user) agents or otherwise arising whether expressly or by implication
a). Should delivery be required delivery charge and other expenses incurred by the Company may be added to the invoice.
b) prices charged will be at the manufacturers recommended trade price at the date of dispatch
c) The prices shown in our catalogue and prices listed are those ruling at the time of printing. Prices are subject to change without notice. Goods will be invoiced at prices ruling at the time of delivery from the manufacturer. Quotations are for acceptance at the time given and unless accepted at that time will be deemed to have been withdrawn.
The customer shall inspect the goods on delivery and shall within 48 hours of delivery notify Discount Tile Centre Ltd of any alleged defects in the goods. The customer shall give Discount Tile Centre Ltd an opportunity to inspect the goods within a reasonable time following delivery and before any use of the goods is made. If the customer fails to comply with these provisions, the goods shall be conclusively presumed to be in accordance with the contract and free from any defect and damage and the customer shall be deemed to have accepted the goods.
Unless otherwise expressly agreed, times and dates quoted by the company for delivery of goods are intended as approximate estimates only and time of delivery shall not be of essence of the contract
Endeavours will be made to adhere to such times but the company will not be liable to the customer for any loss or damage (whether direct, indirect or consequential) sustained by the customer as a result of the company's failure to comply with such delivery dates
The risk in the goods shall pass from the seller/ service provider to the service user/buyer upon delivery of such goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or clear fund payments in full for all goods and services to the buyer under this and all other contracts between the seller and buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods and services shall include the amount of any interest or sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
Goods returned by the customer at their request which are in accordance with the contract, will be accepted for return without the prior written approval of Discount Tile Centre Ltd on terms to be determined at the absolute discretion of Discount Tile Centre Ltd.
• A full return will be provided when the customer return the goods in its original packaging and in a saleable condition can be accepted for credit.
• Returns will be accepted within 28 days
• If Discount Tile Centre Ltd agrees to accept goods for return the buyer shall be liable to pay a handling charge of either £40 or 30% (whichever is the greater) of the invoice price
• Specially ordered stock are not returnable
• Costs of collection and re- delivery of replacement items will be met by the customer unless attributable to the negligence of the company.
• All goods must be sanctioned by the company prior to the goods being brought back
• The company reserves the right to levy a restocking and handling charge.
The Company must be notified by email or fax within 48 hours of delivery of any claims by the customer of any shortage or damage to the goods in transit.
Also No responsibility can be accepted for tiles after they have been fixed
Any claims in respect of alleged claims of the goods must be notified to the company in writing within 3 days of delivery. Evident damage to external packing must be the subject of an endorsement on the company's delivery note at the time of delivery.
• Full payment will need to be received for all goods before delivery.
(a) The company reserves the right to vary deliveries as it may deem necessary having regards to availability of supplies and changes to manufacturers specification.
(b)Due to the nature of the manufacturing specification of tiles, shades and tolerance may slightly vary between batches, particularly natural stone products. These are not regarded as defects but as a feature of the type of material. Natural stone varies in colour, marking and textures. These are not defects.
The customer will need to ensure that natural stone requires sealing and maintaining regularly.
(c ) Each delivery of goods to the customer shall constitute a separate Contract to which these conditions apply
(a) This contract shall be governed by the Law of England and Wales and the parties shall submit to the jurisdiction of the Courts in Leeds/ Nottingham to which all disputes here under shall be referred
(b) No liability shall rest with the Company in respect of failure to deliver arising from shortage of supplies, industrial action, force majeure or any other circumstances beyond its reasonable control
(c)These conditions shall be read with and subject to the customer's statutory rights
The company shall be under no liability for loss or damage howsoever caused which arises in respect of the customer's liabilities to third party.
(d) The company accepts no liability for:
• Indirect or consequential loss of any description
• Loss or penalties suffered by the Customer failing to reach the required quality or specification due to circumstances beyond the Company's reasonable control
• Any advice provided for the customer, unless such advice is in writing on the Company's headed paper following the receipt of a written specification for the Customer. The customer must check and confirm that details of materials required and ordered by the company are correct and no responsibility can be taken by the company for errors in qualities provided by the customer
• Manufacturer's specifications and product details will be supplied at the request of the customer but the company will not accept liability for errors or mis- statements contained therein
• In all circumstances, the customer shall be satisfied that the goods required and ordered meet the intended use. The company accepts no responsibility for goods ordered by the customer due to:
- The negligence of the customer
-Failure by the customer to make clear to the company the precise purpose for which the goods were required, or
-Failure to take the proper professional advice as to the materials required.
• Nothing contained in these conditions shall be construed as an attempt to exclude or limit liability of the Company in negligence for the death of or injury to any person.
11. CREDIT FACILITIES
Credit facilities may be provided on request and the Company will set up a maximum credit limit
12. TERMINATION OR CANCELLATION
(a) In the event of:
-Any distress execution or other legal process being levied upon any of the customers assets; the customer entering into any arrangement or composition any act of bankruptcy or (being a corporation) an order of an effective resolution being passed or its winding up except for the purpose of amalgamation or reconstruction as a solvent company or a Receive, Administrative Receiver or Administrator being appointed in respect of the whole or any part of its undertaking or assets
- an encumbrance taking possession of any of the property or assets or the customer
-the customer ceasing or threatening to cease to carry on business
-non- payment by the customer of any monies due from it to the company any breach of these conditions by the customer
- the company reasonably apprehending that any of its events mentioned above is about to occur in relation to the customer, the company shall be entitled to suspend all or any future deliveries of the goods under this or any other contract between the customer and the company and sell the goods elsewhere and/ or deem that the whole price under this or any other contract shall be payable immediately.
(b) the exercise of these rights conferred under by this condition shall be without prejudice to any other right to recover the goods or proceeds thereof from the customer pursuant to clause 5 of these conditions
(a)Any notice required to be given or served under these conditions shall be addressed in the case of a notice to be given and served on the customer at the address of the customer shown on the contract or invoice (or if none its registered office for the time being in the case of a company or in any other case of the company at its registered address for the time being.
(b) Any notice required to be given or sent under these conditions shall be served either;
- by letter leaving the same or sending by first class post and a notice given so given or served shall be deemed to have been given or served on the day it was so left or on the day following that on which it was posted, or
By facsimile transmission and a notice so given or served shall be deemed to be given or served within twenty- four hours of transmission.
Discount Tile Centre Ltd operates a complaints procedure. If you have any complaints please put this in writing to the office address quoted on your invoice/receipt book
This agreement automatically ends if you die before we are able to complete your instructions.