Terms and Conditions
Terrazzo Tiles (Camden Stone and Tile Ltd) Terms and Conditions.
1. DEFINITIONS
2. CONDITIONS APPLICABLE
3. PRICE
4. PAYMENT
5. THE GOODS AND NATURAL VARIATIONS
6. DELIVERY OF THE GOODS
7. ACCEPTANCE OF THE GOODS
8. RIGHT OF CANCELLATION FOR CONSUMERS
9. TITLE AND RISK
10. LIMITATION AND EXCLUSIONS OF LIABILITY
11. TECHNICAL ADVICE
12. GENERAL
1. DEFINITIONS
In this Agreement, unless the context requires otherwise:
1.1 'Agreement' means the agreement between the Company and the Customer comprised of these Conditions and the Sales Receipt;
1.2 'Business Day' means any day which is not a Saturday, Sunday or a bank or public holiday in England;
1.3 'Conditions' means these terms and conditions and any special terms and conditions agreed in writing by the Company;
1.4 'Consumer' means any natural person who acting for purposes outside his business has concluded an Agreement with the Company exclusively via the telephone, fax, e-mail, catalogues or other means of distance communication who has additional rights of cancellation pursuant to clauses 8 and 9;
1.5 'Customer' means the person or entity specified on the Sales Receipt/Invoice;
1.6 'Delivery Date' means the date specified on the Sales Receipt/Invoice by the Company when the Goods are to be delivered;
1.7 'Goods' means the articles which the Customer agrees to buy from the Company;
1.8 'Sales Receipt/Invoice' means a form with a description of Goods purchased and confirming the order of the Goods;
1.9 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.10 'The Company' means Camden Stone and Tile Ltd whose registered office is 70 Chalk Farm Road, London NW1 8AN (Company Number: 6339603).
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer and where applicable the supply of services to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to the Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer's acceptance of the Agreement.
2.4 Any variation to the Agreement (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
3. PRICE
3.1 Unless otherwise agreed by the Company in writing, the Price shall be the price set out in the Sales Receipt/Invoice.
3.2 The Price is exclusive of any value added tax and all costs or charges in relation to carriage and insurance, all of which amounts the Customer shall pay in addition when it is due to pay for the Goods.
4. PAYMENT
4.1 Payment of the Price shall be due when the order is placed.
4.3 If the Customer fails to pay the Company any sum due pursuant to the Agreement, the Customer shall be liable to pay interest to the Company on such sum from the date when payment becomes due until the date of payment at a rate of 2% above Natwest Bank Plc's base rate from time to time in force and shall accrue at such a rate on a daily basis after as well as before any judgment.
4.4 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
5. THE GOODS AND NATURAL VARIATIONS
5.1 The quantity and description of the Goods shall be as set out on the Sales Receipt/Invoice.
5.2 All samples, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues, brochures or internet website are issued or published for the sole purpose of giving an appropriate idea of the goods described in them.
5.3 The Customer acknowledges that due to the natural variations of stone, the Company cannot guarantee colour or shade differences between the batches of tiles. The same applies to Porcelain, Ceramic and Glass tiles that are also subject to shade variations between batches.
5.4 The Customer is advised to increase the size of their order by 10% to cover wastage that may occur during site handling and if any of the Goods are damaged during delivery.
6. DELIVERY OF THE GOODS
6.1 Delivery of the Goods shall be made to the delivery address specified on the Sales Receipt/Invoice on the Delivery Date between 9am and 5pm. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Customer. The customer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 The Company uses an independent delivery company for which the Company is not responsible and therefore the Company cannot guarantee the delivery times. The delivery driver will not handle the Goods and deliveries will be made to the kerb side at the delivery address specified on the Sales Receipt.
6.3 The Customer shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for handling the Goods.
6.4 The Company will not be responsible for the Goods once they have been received and accepted by the Customer.
6.5 If for any reason the Customer fails to accept delivery of any of the Goods or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions:
6.5.1 risk in the Goods shall pass to the Customer;
6.5.2 the Goods shall be deemed to have been delivered; and
6.5.3 the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including without limitation, storage and insurance).
6.6 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
7. ACCEPTANCE OF THE GOODS
7.1 The Customer should inspect the Goods on delivery or collection to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount.
7.2 If the Customer is not satisfied with the Goods in accordance with clause 7.1, he can either refuse the Goods on delivery or return the Goods to the Company within 7 days from the delivery specifying the reasons for return and in accordance with clause 8.
7.3 The Customer shall be deemed to have accepted the Goods if the Goods have not been returned to the Company in accordance with clause 7.2 above.
7.4 After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the description on the Sales Receipt save in the circumstances set out in clause 8.
7.5 The quantity of any consignment of Goods as recorded by the Company upon despatch shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
8. RIGHT OF CANCELLATION FOR CONSUMERS
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.
8.1 You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.
8.2 To cancel you must let us know in writing that you wish to cancel. You may do this by letter, fax 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.
8.3 You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them or if your order has NOT been made through a Distance Contract.
8.4 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.
8.5 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.
9. TITLE AND RISK
9.1 The Goods are at the risk of the Customer from the time of delivery.
9.2 Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared fund) all sums due to it in respect of:
9.2.1 the Goods; and
9.2.2 all other sums which are or which become due to the Company from the Customer on any account.
9.3 Where the Customer collects the Goods from the Company's premises then the Goods will be at the Customer's risk from that point.
10. LIMITATION AND EXCLUSIONS OF LIABILITY
10.1 Subject to clause 5 and your statutory rights, all warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
10.2 Nothing in the Agreement excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence, for any matter which it would be illegal for the Company to exclude or for fraud or fraudulent misrepresentation.
10.3 Subject to clause 11.2:
10.3.1 the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance under this Agreement shall be limited to the Price; and
10.3.2 the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.
10.4 Where the Customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the company to supply Goods which conform to the contract of sale.
10.5 Where the Customer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Customer in respect of those Goods save as set out herein.
10.6 The Company shall not be liable to the Customer for late delivery or short delivery of the Goods.
11. TECHNICAL ADVICE
11,1 Any advice given by the Company related to fixing products and installation is given in good faithbut should be used as a general guide as the Company has not carried out a survey of the place of installation of the Goods and cannot therefore be sure that the advice is correct. The Customer may not therefore rely upon this advice.
11.2 It is the Customer's responsibility to purchase the correct fixing products for the environment (andin particular the surface upon which) the Goods will be installed.
11.3 The Company does not offer an installation service and it is the Customer's responsibility to ensure a professional fitter is carrying out the installation.
11.4 The Company cannot be responsible for the installation of the Goods or for damage caused during or arising out of installation.
12. GENERAL
12.1 The Company reserves the right to defer the date of delivery or cancel the Agreement or reduce the volume of the Goods if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control, including without limitation acts of God, natural disasters or restraints or delays effecting suppliers or carriers.
12.2 If any provision of this Agreement is found by a body of competent jurisdiction to be wholly or partly illegal, invalid, void, unreasonable or unenforceable then the contravening element shall be deemed severable and the remaining provisions of the Agreement such continue in full force and effect.
12.3 This contract is subject to the law of England and Wales and is subject to the exclusive jurisdiction of the English courts.