- “Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we” and “us” means Tile and Build Limited (incorporated in England and Wales under company number: 8756262) whose registered office is at Appleby Road, Kendal, Cumbria. LA9 6EW. VAT No: **********. Telephone Number: *********** , E Mail: firstname.lastname@example.org, and “you” means the customer.
- “Business Sales” includes selling to a trade, profession or professional body.
- “Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.
- “Delivery Address” means the address at which we agree to deliver the Goods.
- “Goods” means the goods which we agree to provide to you on these terms.
- “Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.
- “Price of the Goods” means the price for the Goods shown as exclusive of VAT and delivery in the case of Business Sales and the prices shown as exclusive of VAT but exclusive of delivery in the case of Consumer Sales.
- “Total Price” means the price for the Goods and any delivery cost inclusive of VAT.
2. Order and Sale
You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.
3. Applicable terms, conditions and representations
- These terms are the express terms and conditions governing the Agreement.
- There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
- It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
- It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent Goods (as they are a naturally occurring product) may not be exactly the same as the original Goods.
- We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
- Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
- As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
- We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.
- In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
4. Delivery of goods
- We ‘the retailer’ are responsible for the condition of the goods until the goods are received by you, or by someone else you have nominated to receive them on your behalf such as a neighbour.
- Please be aware a pallet costs circa £40-60 +vat to deliver and can hold up to 25 m2 of stone or 35 m2 of porcelain Tiles
- All of our deliveries go via a third party haulier, operating a hub system. They are generally delivered on 18 tonne lorry with a tail lift, and off loaded using a pallet pump truck, unless you stipulate that there is a forklift truck on site. Please make sure that the delivery site has no access restrictions for this size lorry or limitations on weight to the site, ie road weight restrictions and bridges. Please be aware that the outer dimensions are not the same for every lorry as stone and tiles are a heavy product they must be delivered with a hydraulic vehicle that has a high roof and cannot reverse into a drive. You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the offload and sign for the Goods.
- The driver will place pallets as close to the location as possible with safety as a priority. They will not enter the premises for insurance purposes. A tail lift and pump truck is used to off load the pallets. A flat, hard surface is required in order to do this. Other obstacles such as over-hanging branches, other cars etc must also be considered. Any surface such as grass, shingle, cobbles etc will prevent off-loading. Slopes and high curbs may also cause issues.
- The delivery will take place on a specified day, but unfortunately we cannot supply a time for delivery.
- On arrival of the pallet, please make sure that all goods are in tact. If you see any potential or actual damages, or the packaging is not in tact, please mark ‘Damaged’ on the delivery note and contact us straight away. This enables us to send out replacements if available free of charge, covered by our haulage insurance.
- Please be aware that if the hauliers are not able to deliver, or the information supplied is not correct and delivery is ultimately not made, the pallet will be withdrawn and a re-delivery charge will incurred before the pallet is brought back to site. you will be responsible for any re-delivery or storage charges.
- We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. We often use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
- The Goods will be offloaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
- The cost of delivery is in addition to the Price and subject to VAT.
- If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages.
5. Returns and faulty goods
- If you receive faulty or damaged goods it is the responsibility of Tile & Build to pay for the return of these goods and pay for the replacement of the goods.
- Due to the variation which occurs with natural stone, ceramic, porcelain, decorative & glazed materials we operate a non-return policy. You agree to this, and acknowledge that variations will occur when you enter into the contract to purchase these goods.
- It should be noted that any surplus tiles are worth keeping as they will be from the same batch as your original material and can be utilised should any damage occur after the tiles have been installed.
6. Description and samples
- All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
- You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
- You should be aware that all of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
- The Price is the price indicated as exclusive of any value added tax, and delivery charge, which you must pay in addition.
- The Price is the price indicated as exclusive of any value added tax, but excludes delivery charges, which you must pay in addition.
- We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the Price and you are not happy with it, you will be able to cancel your order.
- Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
- Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
9. Cancelling services
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
Your right to cancel You have 14 days from entering into a service contract in which you can cancel it, however, You agree that we are entering into a contract on your behalf for the order of specialised goods from overseas when you place the order. You have the right to cancel the order up until we place the order for you - this is normally within 24 hours of you placing the initial order. Once the specialised order has been placed overseas, you agree that the service has been provided, and your right to cancel has been lost. The order can not be cancelled and a refund can not be issued.
- You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods. You agree that this does not apply to goods that are deemed as ‘specialised orders’
- To cancel you must let us know in writing that you wish to cancel. You may do this by letter, or email sent within the 7 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 7 days.
- You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
- If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can collect them from you. If we collect the goods, then you will be liable for the cost of collection.
- You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.
10. Risk and Property
- The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery or, if you decide to collect the Goods, at the point of collection.
- The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.
11. Unpacking, stacking and storing
- Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the Goods, after collection.
- Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
12. Examination and Acceptance
- We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re–delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2, 10.3 and 10.4 (as applicable).
- You must inspect the Goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
- If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible (preferably within 7 days) and we will either refund to you the Total Price or make available replacement Goods (at your option). If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement Goods and collection of the original Goods. If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.
- If an incorrect amount of the Goods are delivered or collected, you should notify us as soon as possible (preferably within 7 days) and we will arrange to deliver or make available (if available) the correct quantity of the Goods. If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order. If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.
13. Limitation of liability
- We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):
- to make good any shortage or non delivery; or
- to replace or repair any damaged or defective Goods.
- We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
- We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 13.1.
- We will not be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods even to the extent that such losses are reasonably foreseeable. We will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
- Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
- Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
14. Fixing Products and Installation
- Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
- We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
- We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
15. Third Parties
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.