1. (a) All sales shall be deemed to be made between Buyer & Seller upon the terms of these Conditions of Sale. In the event of any conflict between these conditions, and any terms or conditions put forward by the Buyer, these conditions shall prevail.
1. (b) No person has authority to make any representation on the Seller’s behalf, which is not made or confirmed in writing and the Buyer shall not rely upon any representation unless made or confirmed
2. Orders are accepted and promise of dates for delivery are given conditionally upon our being able to secure the necessary material and without responsibility for delays arising through risks of manufacture, strikes, accidents or other causes beyond our control.
3. Goods are not sold or tested as confirming to any standard specification or as fit for any particular purpose, unless expressly so stated in writing and term, condition or warranty that the goods are so fit is excluded.
4. All ceramic tiles are subject to variation in shade and patterns. All tiles should be examined for shade variations and other defects before fixing. It is recommended that tiles from different cartons be mixed to get an acceptable blend of shades. No claim whatsoever can be entertained after the tiles have been fixed.
5. We cannot undertake to take back into stock for credit or otherwise any unwanted or surplus material. Where we agree to take back goods by special arrangement, full boxes only will be accepted. In order to regulate shading, returns cannot be accepted after one month from date of issue and must be accompanied by original delivery docket. Returns will be subject to a handling charge of 20%.
6. The property in the goods shall not pass to the Buyer until the Buyer has paid to the Seller the whole price thereof and the whole price of any other outstanding sale. If notwithstanding that the property in the goods has not passed to the Buyer, the Buyer shall sell the goods in such manner as pass to a third party a valid title to the goods, the Buyer shall hold the proceeds of such sale on trust for the Seller. The Buyer agrees that, prior to the payment of the whole price of the goods, the Seller may, at any time, enter upon the Buyer’s premises
and remove the goods therefrom and that prior to such payment the Buyer shall keep the goods separate and identifiable for this purpose. Nothing herein shall constitute the Buyer, the Agent of the Seller for the purpose of such sub-sale. Notwithstanding that property in the goods shall not pass to the buyer save as provided above, the goods shall be at risk of the buyer from the time of collection by or delivery to him of the goods.
7. The Seller’s standard payment terms are that all payments shall be made in full within thirty days from the end of the month following the month in which the goods are delivered and some other terms have been specifically advised, then this clause shall be applied to determine the date in which an item becomes overdue.
8. All orders must be examined on delivery, notice of any claim arising out of or in connection with this sale must be given in writing to the Seller within seven working days from the date when the goods are collected or delivered, failing which all claims shall be deemed to be waived and absolutely bared.
9. All tiles sold to the nominal square yard or square meter.
10. All natural stone products are liable to staining. The Tile Warehouse cannot accept responsibility for the staining which may occur prior, during or after fixing of such products.
11. Marble is a completely natural product and therefore is susceptible to variation in colour and markings (veins), which occur at random. Marble is also porous and will soak up liquids, which may lead to staining, therefore it is essential that marble is sealed. All natural stone, particularly black and green marble can be prone to scratching. As no two pieces or marble are the same, it is a good idea to loose lay some pieces prior to fixing ensuring a
pleasing selection of colour and to avoid patching.
12. Polished Marble – it is an inherent characteristic of polished marble to become duller as it ages and wears. The more foot traffic on the marble the more rapid this aging process becomes, i.e. unprotected polished marbled in door-ways and beside kitchen sinks will become duller quicker than other areas. Tile Warehouse cannot accept responsibility for such ageing, dulling or changes to the polished surface. Minor damage, for example edge
chipping, is often caused in the packing & unpacking of the tiles. It is deemed normal for these tiles to be used as cuts during installation.
13. Travertine as with other natural stone is susceptible to colour variations throughout. Travertine is also highly susceptible to pitting and it is normal for holes to appear on flooring, these can be filled with resin or grout. Tile Warehouse cannot accept responsibility for pitting or appearance of any holes in this product.
14. Returns of natural stone (e.g. Marble, Travertine) will not be accepted. In exceptional circumstances and by prior agreement returns of full orders will be subject to a 30% handling charge.
15. Polished Porcelain – the grinding involved in the polishing process produces microscopic pores, therefore we recommend they are sealed with a penetrating sealer to help reduce the risk of staining. Tile Warehouse cannot accept responsibility for any staining which may occur prior, during or after fixing of polished porcelain.
16. Bowing can be described as a subtle curve in the tile whereby the surface is not perfectly flat. Bowing is a characteristic of large format rectangular tiles. This characteristic is more noticeable when the tiles are laid brick bond or in a staggered pattern. Tile Warehouse cannot accept responsibility for this bowing.