Terms and Conditions of Sale
Throughout these T&Cs, ‘we’, ‘our’ or ‘us’ refers to Tile and Flooring Centre Ltd t/a Tile and Floor. ‘You’, ‘your’ or ‘yours’ refers to the customer.
1. General Terms
1.1 We do our best to ensure that all display material, imagery and sample swatches provided are representative of the material to be supplied. Colours, tones and patterns may vary, due to the characteristics of natural materials and batch related products. Other factors such as ultra violet light and naturally-occurring variations in substance and dimensions may mean that the products supplied are not exactly the same as sample materials.
1.2 The appearance of natural materials such as stone and timber is likely to change over time. These changes may be more or less pronounced depending on usage, light exposure and inadequate or incorrect maintenance. It is your responsibility to fully disclose to us how the materials you choose will be used, and to seek our expert advice for maintaining these materials in situ.
1.3 Where we supply the materials but do not install them, it is your responsibility, or that of your appointed representative, to ensure that you specify enough materials to complete the work and make allowances for wastage.
1.4 We shall not be held liable for delays or non-performance due to events outside our reasonable control. These can include, but are not limited to, inclement weather, third party Goods supply, traffic conditions, and staff illness.
2. Estimates and orders
2.1 An estimate issued by us does not oblige us to supply Goods or Goods and services, and you are not obliged to receive them.
2.2 An estimate or offer from us does not include any work, such as making Goods outside the specific scope agreed.
2.3 The cost for delivery is in addition to the price of materials and is subject to VAT.
2.4 We may withdraw an estimate or offer to supply materials or services at any time before receiving your order. Estimates and offers are valid for no longer than 28 days.
2.5 We are not obliged to supply Goods and services, and you are not obliged to receive them, until you provide an official order or payment which is accepted by us.
2.6 Placing an order is deemed to be acceptance by you of these terms and conditions unless otherwise expressly agreed in writing, either before the start of works or during the works, if issues arise which are out of our control.
3. Confirmation of order/payment terms
3.1 Prices are subject to VAT at the prevailing rate and valid for 28 days unless otherwise stated.
3.2 If we are supplying materials only: payment must be made in full at the time of order unless otherwise agreed by one of our directors.
3.3 If we are supplying and installing materials: 70% of the final project value is required to confirm the order, with the balance required on completion of installation.
3.4 In any circumstances, contracts under £1000.00 (ex VAT) require payment in full prior to materials being ordered.
3.5 All credit card payments will incur a 2% surcharge.
3.6 Payment for Goods and services, whether full or part payment, must be made within the time specified. Any amounts remaining unpaid will incur interest at the rate of 2.5 % per month of the outstanding balance.
3.7 All materials delivered and or supplied to the customer, whether loose or fixed, remains our property until the full contract price is paid. If this is not paid within 30 days of demand, we may remove the materials, regardless of any other remedy we propose.
3.8 We reserve the right to notify you at any time before delivery of a change in price to reflect an increase in cost to us. This could be due to instances such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials etc. If you are not happy with the new price, you may cancel your order with no obligation.
4.1 that the site or area where installation is to take place is clean, dry and secure.
4.2 to be responsible for providing access to us and/or our appointed representatives for the purposes of delivery and installation as required.
4.3 that the temperature of the rooms in which the installation/works are being carried out are maintained at normal internal living temperature (12oC – 21oC), twenty-four hours before and during the course of installation.
4.4 that all appliances and furniture are clear from working areas and, if necessary, disconnected and unplumbed beforehand, unless otherwise agreed in writing.
4.5 to ensure that both children and pets avoid the affected areas and precaution is taken against the use of naked flames, due to the diverse nature of fixing and finishing materials, harmful fumes and potentially flammable materials.
4.6 to pay for any additional works and or materials that are required due to hidden structural or mechanical obstacles or failure to comply with the requirements as set out above.
4.7 that additional charges may apply for doors to be eased and that we cannot be held responsible for any subsequent redecoration costs resulting from this work.
4.8 That if we are found to be in material breach of our obligations, damages shall be limited to the costs of making good the defects in the works carried out or Goods supplied, and will not include compensation for loss of profit or for special losses or damages incurred.
4.9 We will do our best to start work on the date agreed. Unless otherwise agreed in writing, we will not be held responsible for events outside our reasonable control that interrupt or delay the start of the works.
4.10 We will guarantee all aspects of labour for 12 months from the date of completion. We do not accept liability for failure in the material components or for related costs to repair or replace. Should a failure arise with the materials, we will support any warranty claim you make to the manufacturer.
5. Delivery and collection
5.1 We shall endeavour to arrange delivery of Goods to the given address on the date specified. However, as we use third party delivery companies, we cannot guarantee delivery times.
5.2 At the discretion of the driver, the Goods will be offloaded at the nearest accessible point to the delivery address, which may or may not be the kerb side.
5.3 You must ensure a responsible person is available at the delivery address to supervise the offload and sign for the Goods. Unless specifically arranged the driver will not handle the Goods beyond delivery.
5.4 You must make us aware of any restrictions which may impede a lorry with a 13.6m trailer.
5.5 Failure to comply with these obligations means we may be unable to deliver the Goods. In this case, they will be retained by the haulier and you will be responsible for storage and redelivery charges.
5.6 If you wish to collect your Goods from our warehouse, this must be arranged in advance and using an appropriate vehicle which is capable of transporting the weight of the Goods. If you arrange collection by a third party it is at your own risk and we will not accept claims for damage or breakages.
6. Risk and property
6.1 Risks including breakages, loss and damage of Goods will pass from us on to you once the Goods are delivered or collected. However ownership will not pass to you until we have received full payment of cleared funds.
7. Unpacking, stacking and storing
7.1 You should be careful when unpacking the Goods. Straps and packers may need to be removed from the packaging before the Goods are removed. They should always be stacked and stored vertically (on edge), but not on a hard surface as this may cause unnecessary edge chipping.
7.2 Stone tiles may need to dry out before the installation process begins. Please ask your fitter to advise you if this is the case.
8. Examination and Acceptance
8.1 As far as we can, we ensure that all our Goods leave us in perfect condition. If you find any obvious damage we have missed, please outline the nature of the damage on the delivery note and provide documentary evidence, such as a photograph.
8.2 If we accept this damage was evident on delivery, we will cover the cost of replacement and re-delivery. Please note that you will still be required to notify us as applicable under clause 10.2 of these Terms & Conditions.
9. Business Sales
9.1 Goods must be inspected immediately upon delivery or collection to ensure that they match your order and are not damaged. If they are not, you must notify us within 24 hours of delivery or collection for correction, replacement or refund of all or part of the cost, at our discretion. This will be your sole remedy.
9.2 If the Goods are damaged or of poor quality, we may request documentary evidence, such as a photograph, in support of your statement. If you have installed the materials, you will be deemed to have accepted them and we relinquish our liability to you.
9.3 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.
10. Consumer Sales
10.1 If the Goods are not of the correct type or are damaged, you should notify us as soon as possible within 7 days of delivery or collection, and we will either replace them or refund the total price, as you choose. If the error proves to be our fault, we will bear the cost of collection and redelivery of the Goods. If the fault is an error on your part, you will be liable for the cost of collection and redelivery
10.2 If the amount of the Goods delivered or collected is wrong, you should notify us as soon as possible within 7 days and we will arrange to deliver the correct quantity or to make available for collection. If it is an error on our part, we will bear the cost of delivery of the balance of the order. If the error is yours, you will be liable for the cost of delivery of the balance of the order.
11. Limitation of liability
11.1 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, damage or defect that is proven with the Goods within 48 hours after delivery or collection (as appropriate). We reserve the right to request documentary evidence, such as a photograph of the damage or fault. If you notify us, our only obligation to you will be (at our discretion) either to make good any shortage or non-delivery, or to replace or repair any damaged or defective Goods.
11.2 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 paid to us for the Goods in question.
11.3 We reserve the right to charge a restocking and collection charge for Goods returned to us for reasons that are not outlined in clause 11.1.
12. Consumer Sales
12.1 We will be liable for your losses arising from the provision of a short fall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, 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.
12.2 Please note that we sometimes provide extra and/or damaged extra tiles which may be of use to you free of charge with your order. We are only liable to you if the quantity of Goods which you ordered are in a damaged or defective condition.
12.3 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.
13. 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.
13.1 You may cancel this agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.
13.2 You must let us know in writing that you wish to cancel. This can be via letter, fax or e-mail sent within 7 days to us. Even if you tell us verbally you need to send us confirmation in writing within 7 days.
13.3 You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
13.4 If you wish to cancel Goods which have already left our premises, you will be liable for the cost of returning the Goods to the premises they originated from.
13.5 You have a duty of care during the period of cancellation (7 working days) to ensure that the Goods are returned to us in the condition in which they were delivered, including the packaging. We reserve the right to charge for any damages caused if you fail in this duty of care.
14. Fixing Products and Installation
14.1 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 the Goods are to be installed, and cannot therefore be sure that our advice is correct.
14.2 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.
14.3 If we do not install your Goods it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
14.4 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.