Conditions of Sale
1. In these conditions a) “The Company means “The Tile Shed” b) “The Customer” Means any person, firm, company or organization to whom the company agrees to sell the goods c) “The Goods” means the goods on the Companies order form or invoice d)“The Manufacturer means the manufacturer of the goods where the goods are manufactured by the company.
2. Where the goods are supplied that require fixing or installation, then the customer agrees the goods will be fixed or installed in accordance with any current British or European Standard that applies to those goods. Unless specifically agreed by the company and the customer, the customer is responsible for fixing or installing the goods
3. Unless expressly agreed between the company and the customer, the contract for the sale of goods is not a sale by sample in with section 13 of The Sale of Goods Act 1979
4. Refund on returned goods. The company will at discretion consider giving a refund for excess tiles purchased and not used by the customer. This will only be considered for complete, unopened boxes of tiles returned to the company in good condition. No refunds will be given for tiles supplied on discounted Promotions, perishable items such as adhesive and grout, Non-Stock items and special Orders as returned tiles may not match later batches. Refunds will only be considered within 28 days of collection – delivery. An original receipt must be produced before a refund will be considered. This condition does not apply to any defective goods which may have been supplied. The customer's Statutory rights are affected by this condition.
5. The Goods are supplied within the tolerance limits of size, texture and colour variations. The customer is recommended to ensure that tiles from all boxes are mixed to a reasonable blend. The customer accepts that natural products including limestone, slate and marble are subjected to natural colour variations. The customer accepts that due to the method of manufacture of ceramic tiles, there may be variations in shade and texture between individual tiles. The customer accepts that in certain circumstances crazing may appear on certain tiles due to the nature of the product.
6. The customer accepts that any Goods bearing the same name or similar name as goods ordered on earlier occasions may not match the earlier goods supplied, due to naturally occurring variations or variations in the product since the goods were supplied
7. Title and property to the goods shall not pass to the customer until the customer has paid to the Company all sums due and payable by the customer to the company under this contract all other contracts made between the customer and the company.
8. The customer accepts that they are under a duty to inspect the goods within a reasonable time delivered to them (48 Hours). The Customer agrees that the goods will not be fixed or installed if they are defective and any defect ought to have been apparent on reasonable inspection prior to fixing or insulation.
9. If the customer shall become insolvent, but not limited to where the Company has a judgement awarded against him, has entered an arrangement with creditors or has put a proposal to creditors, has been served with a statutory demand under the insolvency act has applied to the court for an order under the insolvency act 1986, or being a company has placed in administration of receivership, then Customers agrees to return to the Company and Goods held. The customer hereby authorises the Company or its agents to collect the goods from the customer, or from a third party holding the Goods. This authority includes the right for the Company or its agents to enter into any property by the customer.
10. The customer must produce sufficient evidence of payment for goods (or evidence of the agreed method of payment) prior to collection of the goods.
11. Where the customer pays a deposit upon goods then subsequently cancels the order, we reserve the right to retain the deposit in part or full depending upon circumstances.
12. This contract will be governed by law and received jurisdiction. The statutory right of the customer is not affected by any of the points of sale set out in this document/notice.
13. For full condition of sale visit www.thetileshed.co.uk/terms_conditions
Harris Tile Co T/A The Tile Shed, Potters Court, Portobello Road, Birtley DH3 2RY Registered Number 04719002
Shading and Crazing
Due to the nature of the manufacturing process for most kinds of tiles, shades, sizes and tolerance may vary slightly between batches. Please be aware when purchasing Natural Products, that it is perfectly normal to find a variance of colours, markings and textures. This is not a defect but a feature of this type of material. Most Natural Products will require sealing/treatment prior to grouting and may need ongoing maintenance.
Breakages and shortages:
All goods must be checked by the customer on collection/delivery. No responsibility for damaged products or shortages can be accepted once the goods have left the premises. Delivered items need to be checked and any shortages reported to the store which the goods were purchased.
Advice, lead times and liability:
We are pleased to assist with any calculation of requirements and advice on products suitability for the proposed use, but it is the customer's responsibility to ensure there are sufficient, suitable goods prior to any installation. Any delivery or lead times quoted for products to arrive are approximate. We recommend that you do not book anyone to fit your tiles until they are ready to collect or be delivered. If any goods are purchased from us that are defective, we shall (at our discretion) replace such goods or refund the price of such goods provided that:
a) You give us notice within 7 days of acceptance of the goods
b) Provided that damage to the goods has not been caused by you
c) Our entire liability to you shall be limited to the price you paid for the goods and we shall not be responsible for any consequential or other financial loss that you may seek to claim for.
None of the above affects your statutory rights.