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Website Trade Cash Account Terms and Conditions

TILEFLAIR LIMITED

Registered Office & Mailing Address:

Highwood Lane, Cribbs Causeway, Bristol BS34 5TQ

Telephone: 0117 959 8877 Facsimile: 0117 959 8878

Registered Number: 1051487 England

VAT Reg. No.885438869

Terms and Conditions for goods purchased on our Website by a Trade Cash Account Customer

Please pay particular attention to the section headed “Exclusions” at the end of these terms and conditions

General

1.1 The following conditions of sale shall apply to the purchase of goods from Tileflair Limited (‘the Company") by you as a Trade Cash Account Customer acting for purposes of your trade business or profession (‘the TCAC") to the exclusion of all other terms and conditions which the TCAC may purport to apply under any purchase order, confirmation of order or similar document.

1.2 The TCAC acknowledges acceptance of these Conditions of Sale on the placing of an order with the Company.

1.3 These conditions may not be varied except by the agreement in writing of the Company.

1.4 Any notice required or permitted to be given by either party to the other under these Conditions of Sale shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

1.5 No waiver by the Company of any breach of the contract by the TCAC shall be considered as a waiver of any subsequent breach of the same or any other provision.

1.6 Where the definition of the TCAC comprises two or more persons the liability of such persons under the contract is joint and several.

1.7 The contract shall be governed by and interpreted in accordance with English law and the TCAC submits to the jurisdiction of the English Courts but the Company may enforce the contract in any court of competent jurisdiction.

1.8 If:

(a) any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected;

(b) any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

1.9 A person who is not a party to the Contract shall not have any rights under or in connection with it.

1.10 The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

1.11 The TCAC may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.

Definitions

2.1 ‘goods' means the tiles or other products which the TCAC orders from the Company.

2.2 ‘price' means the price for the goods excluding (where applicable) delivery charges, packing and insurance.

2.3 ‘working day' means a Monday to a Friday inclusive but excluding Bank Holidays and the Company's Christmas and New Year Holiday closures as specified on the Company website.

Description of goods

3.1 All descriptions, specifications and advertising on the Company website are for the purposes of giving an impression of the goods only and cannot be relied upon for selecting a purchase. Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on behalf of the Company.

3.2 The Company operates a sample policy as set out below to assist the TCAC.

Price

4.1 Prices quoted are based on current costs and subject to alteration to take account of any rise in such costs or if there has been an error or omission.

4.2 If the price changes, the Company will give notice to the TCAC who will have an opportunity to withdraw by giving notice to the Company to that effect within 48 hours of receipt of notice of alteration.

Samples

5.1 Before placing an order the TCAC may order up to 6 sample pieces of plain tiles only free of charge. Sample sizes will be approximately 100 x 100 mm.

5.2 Shade variation is an inherent part of the manufacture of ceramic tiles particularly in the decorative effects and goods supplied may not reflect precisely the shade of sample material.

Ordering Goods

6.1 To order goods the TCAC should follow instructions on the Company's website.

6.2 It is the responsibility of the TCAC to order a sufficient quantity of tiles for the area to be tiled and the Company cannot guarantee that any subsequent order can be fulfilled with the same batch and shade of tiles.

6.3 It is recommended to check receipt of a complete and satisfactory order before making arrangements for tiles to be fitted.

Availability of Goods

7.1 All goods are subject to availability but if they are in stock in the Company's warehouse then goods would normally be despatched within 3 working days excluding day of order. Time for delivery of goods shall not be of the essence.

7.2 If suppliers or the Company are temporarily out of stock for any reason the Company will notify the TCAC of the anticipated date of availability for despatch and if this is longer than 14 days then the Company will give the TCAC the opportunity to cancel the order and to obtain a refund of any payment made in full.

7.3 The Company will not be responsible for compensating the TCAC for any losses which may be suffered if the Company is not able to supply the goods for any reason within these times.

Payment

8.1 When the TCAC orders goods payment may be made by most major credit or debit cards including Mastercard, Visa and Maestro.

8.2 The TCAC must give full address including postcode and telephone number which must be the same as the credit card or debit card bank has on file for the TCAC.

8.3 The order will only be processed when authorisation for payment has been correctly received.

Delivery Charges

9.1 Orders under £120 for delivery within mainland UK, Isle of Wight and Isle of Man will be subject to a delivery charge for which a quotation will be given on request.

9.2 Orders of £120 or more for delivery within mainland UK, Isle of Wight and Isle of Man will be delivered free of charge.

9.3 Orders of any value for delivery outside mainland UK, Isle of Wight and Isle of Man will be subject to a delivery charge for which a quotation will be given on request.

Delivery Times

10.1 Goods ordered, where available, will normally be despatched within 3 working days excluding day of order and will only be delivered to the cardholder's registered billing address. Time for delivery of goods shall not be of the essence. The Company will not be liable for any delay which is the result of any factor which is beyond its reasonable control.

10.2 Delivery will normally be between Monday and Friday during the hours of 9 a.m. and 5 p.m. and delivery options are available to view on the Company website.

10.3 Any dates quoted for delivery of the goods are approximate only and the Company shall not be liable for any delay in delivery of the goods however caused. The goods may be delivered by the Company in advance of the quoted delivery date.

10.4. The TCAC will accept delivery of goods ordered when tendered. The TCAC is not entitled to reject delivery or return the goods because the number delivered is less than the order. Short deliveries should be notified within 48 hours of delivery. The TCAC should check all goods delivered upon delivery and in any event before installation of goods. The Company shall in no event be liable for the costs of removal or re-installation of goods once installed.

10.5 If the TCAC is not present the driver will not leave the goods as there must be an authorised person to sign for and accept delivery.

10.6 If an additional visit has to be made for attempted delivery then an additional charge of £25 will be incurred by the TCAC which must be paid to the Company in advance of delivery.

Risk

11.1 The risk in the goods shall pass to the TCAC on delivery, or where the Company has attempted to deliver and the TCAC is not available to take delivery.

Damage

12.1 The TCAC should examine all goods on delivery to be satisfied that the goods are undamaged, of the correct quantity and in accordance with the contract.

12.2 Any damage in transit to the goods, shortages or errors must be written on the delivery note at the time of delivery.

12.3 If any of the goods are received in a damaged condition or if there are any shortages or errors then the TCAC must inform the Company in writing of the exact amount missing or the extent of the damaged goods within two working days of the delivery

12.4 The Company may make arrangements to collect all damaged or faulty goods on request and if they are found to be damaged or faulty then the Company will arrange for replacements or make an appropriate refund.

12.5 It is the responsibility of the TCAC to check tiles for shade variation, visible defects or discrepancies of any kind before any tiles are fixed.

12.6 No complaints can be accepted after the tiles have been fixed.

Quality

13.1 The Company warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the goods shall (taking into account the factors set out in clauses 13.7 and 13.8):

(a) conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship;

(c) be fit for any purpose held out by the Company; and

(d) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

13.2 Subject to clause 13.3, if:

(a) the Customer gives notice in writing to the Company during the warranty period within a reasonable time of discovery that some or all of the goods do not comply with the warranty set out in clause 13.1;

(b) the Company is given a reasonable opportunity of examining such goods; and

(c) the Customer (if asked to do so by the Company) returns such goods to the Company's place of business at the Company's cost, the Company shall, at its option, repair or replace the defective goods, or refund the price of the defective goods in full. The Company shall not be liable to remove or re-install goods which have been fitted by or on behalf of the Customer.

13.3 The Company shall not be liable for goods' failure to comply with the warranty set out in clause 13.1 in any of the following events:

(a) the Customer makes any further use of such goods after giving notice in accordance with clause 13.2;

(b) the defect arises because the Customer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the goods or (if there are none) good trade practice regarding the same;

(c) the defect arises as a result of the Company following any drawing, design or specification supplied by the Customer;

(d) the Customer alters or repairs such goods without the written consent of the Company;

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

(f) the goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

13.4 Except as provided in this clause 13, the Company shall have no liability to the Customer in respect of the goods' failure to comply with the warranty set out in clause 13.1.

13.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

13.6 These Conditions of Sale shall apply to any repaired or replacement goods supplied by the Company.

13.7 Shade variation is an inherent part of the manufacture of ceramic tiles and associated products particularly in the decorative effects and

(a) goods are sold subject to the variation in shade experienced in the goods;

(b) it is important that an acceptable blend of shade is achieved before goods are fixed and no liability in respect of shade variation will be accepted after goods have been fixed in any event;

(c) goods supplied may not reflect precisely the shade of sample material.

(d) no responsibility in respect of staining caused by coloured grouts will be accepted. 13.8 No tiles are guaranteed against crazing.

13.9 The supply of goods does not mean that they are suitable for a specific installation.

14. An annual account maintenance charge of £50 will be applied to all accounts with purchases of less than £1000 net value in a calendar year.

15. Benefits in kind are the responsibility of the receiver to declare.

Cancellation

16.1 If the TCAC is not totally satisfied with the order for any reason, the TCAC has the right to cancel the order within 7 working days from the date of delivery for a full credit or refund less any applicable delivery charges. The return of adhesives and grouts cannot be accepted due to shelf life.

16.2 A cancellation request by the TCAC must be put in writing and received by the Company within the 7 working day period.

16.3 The TCAC will be responsible for the return of goods and any associated costs of return. Refunds or credits for goods will only be made if goods are received back complete and in a re-saleable condition.

16.4 Returns must be made within 28 days and must be accompanied with a copy of the despatch note.

Exclusions

17.1 Nothing in these Conditions of Sale shall be deemed to exclude or attempt to exclude the liability of the Company or the TCAC for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

(d) any matter in respect of which it would be unlawful for the Company or the TCAC to exclude or restrict liability.

17.2 Subject to clause 17.1:

(a) the Company shall under no circumstances whatever be liable to the TCAC, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract which is the subject of these Conditions of Sale; and

(b) if the Company fails to deliver Goods, its liability shall be limited to the costs and expenses incurred by the TCAC in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver Goods to the extent that such failure is caused by a Force Majeure Event or the TCAC’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods; and

(c) the Company’s total liability to the TCAC in respect of all other losses arising under or in connection with the contract which is the subject of these Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods.

17.3 The TCAC is advised that all advice opinions representation or information on which the TCAC will seek to rely in entering into any contract with the Company should be reduced to writing and, unless the TCAC is a consumer, any advice opinions representation or information given by or on behalf of the Company is given as a guide only and without prejudice to the generality of the foregoing any advice or assistance of whatsoever nature as to the installation use or performance of any Goods shall not be binding upon the Company unless specifically stated in writing to be incorporated into the contract.

17.4 No refund or exchange will be given for soiled or damaged Goods in respect of faults which have been indicated at the time of sale.

17.5 These Conditions of Sale constitute the entire agreement between the parties. The TCAC acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in these Conditions of Sale.

Clearance Tiles

18.1. 'Clearance' tiles are made from mixed/ old/ previous batches or discontinued items and are therefore non-refundable.

18.2. Sufficient tiles should be purchased plus additional tiles as we do not guarantee future availability. Once the stock has been sold, we will not stock clearance tiles. You can always contact the sales office to check whether we can order clearance stock and a surcharge may be applicable.