Conditions of Sale
Conditions of Sale
Conditions of Sale relating to the supply of goods by Spacers Tile and Wood Flooring Ltd trading as; FLOOR & WALL TILE COMPANY, . Except as varied by the specific terms of any quotation by the Company, these conditions comprise the terms and conditions under which the Company is willing to supply Goods to you. Unless otherwise agreed in writing by the Company all Contracts are entered into upon the basis of these conditions to the exclusion of any terms that you may to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
(a) In these conditions “Company” means Spacers Tile and Wood Flooring Ltd registration number 01575573 of and whose registered office is 1A Brickwall Lane, Ruislip, Middlesex HA4 8JR.
(b) “Contract” means a contract for the supply of Goods between the Company and you.
(c) “Goods” means the goods that the Company has agreed to supply to you in accordance with these conditions.
(d) “Order” means an order for Goods placed by you, whether by telephone, fax or email.
(e) “You” means a person firm or company whose order for Goods is accepted by the Company.
- Basis of Contract
(a) Any Order shall only be deemed to be accepted when the Company issues written acceptance to you by fax or email at which point and on which date the Contract shall come into existence.
(b) The Contract constitutes the entire agreement between you and the Company. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract.
- The Company shall use reasonable endeavors to deliver the Goods to you by the date agreed. However delivery times and dates are estimates given in good faith and as such cannot be guaranteed and the Company will not be held liable for any losses incurred by reason of late or incorrect delivery.
- Any delay in delivery of Goods shall not give you a right to reject the Goods or treat the Contract as repudiated, unless the same is specifically provided by written and agreed conditions between you and the Company.
- Any person purporting to accept delivery of the Goods at the address specified in the Order shall be deemed authorised to do so by you. No changes to the delivery instructions shall be valid unless agreed in writing by the Company.
- The Company reserves the right to make an additional delivery charge if you require delivery direct to site. This charge will be added to all invoices where a site delivery is requested.
- All deliveries shall be made subject to the following conditions:
- Full site details are made available at time of order, namely full address of site/premises with post code, and contact with mobile telephone number;
- Full accessibility to site/premises;
- Assistance on site for unloading and stacking;
- Delivery will be to the nearest convenient point at the front ground floor entrance to the site/premises.
- Risk / Title
(a)The risk (but not the title) in the Goods shall pass to you on delivery, as evidenced by a signed receipt of Goods, and in accordance with these conditions
(b) In the event that you request that the Goods be held at our warehouse on your behalf, the risk (but not the title) in such Goods shall pass to you upon acceptance of your Order.
(b) Title to the Goods will pass to you only once the Company has received payment in full for all sums owed by you to the Company under the Contract (or any other Contracts you have entered with the Company).
(c) Until title to the Goods has passed you, you shall:
(i) hold the Goods as bailee for the Company;
(ii) store the Goods separately from all other material in your possession;
(iii) take all reasonable care of the Goods and keep them in reasonable condition;
(iv) ensure that the Goods are clearly identifiable as belonging to the Company.
- If any payment becomes overdue or you (being a corporation) enter into liquidation, receivership or administration or (being an individual) are declared bankrupt, the Company shall have the right, without prejudice to any other remedies, to enter without prior notice any premises where the Goods are stored and repossess them. Furthermore the Company shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of the Goods.
(a) The price of Goods shall be at the Company’s quoted prices. Every effort is made to maintain stable prices. However prices can be subject to alteration without prior notice.
(b) All the Company’s prices are quoted net of VAT, which shall be specified on the Company’s invoice to you. VAT will be at the rate as prevails from time to time.
(a) If the Company supplies Goods to you on the basis of C.O.D (cash on delivery), as stated by the Company at the time you place the Order, payment for the Goods must be made in full by you on delivery of the Goods.
(b) Otherwise payment of the Company’s invoices shall be made by you within thirty days of the Company’s invoice date.
(c) In the event that payment is not made by the due date then the Company shall be entitled to charge interest on the overdue amount from the date on which payment falls due until the date on which payment is actually received at the rate of 4% above the Bank of England’s base rate prevailing from time to time.
(d) Furthermore, if you fail to pay any sum due under the Contract to the Company by the due date then all sums due by you to the Company under the Contract (or any other Contracts you have entered with the Company) shall become due and payable immediately.
- Damage and Shortages
Damage and shortage must be notified to the company immediately upon receipt. No claims for refund or replacement of damaged goods and/or shortages will be accepted against deliveries signed for ‘unexamined’. It is the responsibility of the recipient to ensure the delivery is correct at the time of handover. Any subsequently discovered damaged material must be made available for immediate return.
- Return of Goods
Tiles can be returned in full cartons only, provided the same shade is in stock and within two weeks of delivery. All returns will be subject to a minimum 25% handling charge. Special Order products are strictly non returnable.
- Crazing and Shade Variation
Tiles are not guaranteed against crazing or shade variation.
- Faulty Goods and Responsibility
Notification of faulty goods must be made within 7 days of purchase and no responsibility will be accepted for incorrect delivery or faulty materials once fixed. GOODS MUST BE EXAMINED PRIOR TO FIXING. Claims cannot be considered after the tiles have been installed as installation constitutes acceptance of the tiles. Any suspected faults after installation must first be inspected by the retailer who sold the product and then a completed complaint form returned to our office within 7 days of said visit, thereafter the complaint will be considered.
- Order Cancellation
The Company reserves the right to refuse cancellation of orders in the case of goods already in transit or in the process of manufacture.
- Rectified Tiles
Tiles manufactured with a Rectified edge can give an uneven or bowed finish when fitted. If fitting in a ‘staggered’ format it is advised to do so only at 1/3-tile intervals. Please note that the rate of tile variance can be up to 2% for every 1 linear meter run.
Please do not hesitate to call should you have any questions or queries regarding any aspect of the installation of our products. We are happy to advise the suitable fixing method over all subfloors and screeds including a full specification for adhesives and grouts.
13.1 Optical Hazing on Polished Porcelain
‘Optical haze’ is a phenomenon that can occur with polished tiles, it is also known as ‘diffused reflection’. In relatively rare occurrences it can appear as a haze or dull patch under certain lighting conditions. If at all unsure, please place a number of tiles in situ and view them in different lighting conditions prior to fixing, to check if any of the tiles are affected.
Porcelain tiles with optical hazing still conform to all aspects pertaining to EN1441.
Please note that claims cannot be considered after the tiles have been installed as installation constitutes acceptance of the tiles.
- Storage of goods
Any order/goods invoiced and then held at our warehouse on your behalf are considered the customers property and the risk of the goods passes to the customer.
Orders for samples will be invoiced on a sale or return basis, and can be returned within 14 days for a credit providing the same shade is still in stock.
- Limitation of liability
Except in respect of injury or death of any person (for which no limit applies) the Company’s liability to you under the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise whatsoever and howsoever arising shall be limited to damages and shall not exceed the amount paid by you for the Goods. The Company shall not be liable to you for any loss of goodwill, loss of savings, loss of profit, loss of reputation, or any indirect or consequential loss arising directly or indirectly from the supply of Goods hereunder.
- Force majeure
The Company is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the Company.
If any clause in these Terms and Conditions is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
- No Waiver
The Company’s failure to exercise or enforce any of our rights hereunder will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
- No Third Party Rights
A person who is not a party to the Sales Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Sales Agreement including these Terms and Conditions.
- No partnership
Nothing in these Conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
- Changes to Terms and Conditions
The Company reserves the right to change any of these Conditions at any time and in its sole discretion. Any changes will be effective immediately upon a copy of the amended Conditions being delivered to you.
- Governing Law
The Contract including these Conditions is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the Courts of England and Wales.