Tile range - Pentagon Tiles

Terms and Conditions1 Definitionsa) “The company” shall mean Pentagon Tile DistributorsLimited.b) “The customer” shall mean any person, firm, companyor organisation to whom the Company agrees to sell“the goods”;c) “The Goods” shall mean the goods (and any partsthereof) the subject matter of the contract as describedin these conditions and (if appropriate) on the face ofthe Company’s acknowledgement of order form;d) “The Manufacturer” shall mean the manufacturer of theGoods where the Company does not manufacture theGoods.2 Technical Advicethe Company’s authorised representative, in good faithand for general guidance only, gives technical and otheradvice. The Company is not liable for errors, or defects bythe Manufacturer or for other circumstances beyond itscontrol.3 Samplessamples are exhibited solely to enable the Customer tojudge the quality of the Goods, but not so as to constitute asale by sample.any sampling or merchandise material supplied, whetherchargeable or FOC are done so for the purpose of obtainingsales order for Pentagon Tile Distributors Ltd only.4 Variationsthe Goods are supplied within the Manufacturerstolerance limits of size, texture and colour variations. Marbleand stone is supplied subject to natural colour variation.5 Comparison with Previous Orderthe Company cannot guarantee to match shades and/orcalibration of previous orders.6 Crazingno guarantee can be given against crazing.7 Price QuotationsQuotations are given in good faith on the basis of currentcosts and are open for acceptance for a maximum periodof 30 days from the date thereof. The price is subject toamendment in the event of alteration of the manufacturersprice, or changes in currency rates.8 Representationsif the Customer wishes to rely upon any statement orrepresentation other than any made in documents enclosedwith the Company’s quotation or acknowledgement oforder then the Customer must set out that statement orrepresentation in a document to be attached to or endorsedon the order and in any such case the Company may confirmreject or clarify the point and submit a new quotation.9 Delivery Quotationtime is not of the essence of the Contract. Quotations asto delivery time are given in good faith, but delivery is subjectto availability of the Goods and raw materials and supply fromthe Manufacturer. Every effort will be made to effect deliverywithin a quoted period. Where delivery is not effected withinsuch quoted period the Customer shall accept delivery ofthe Goods within such further period which is reasonablein all the circumstances PROVIDED that if the Customeris of the reasonable opinion that such reasonable periodhas expired he shall give written notice to that effect to theCompany stating his reasons for such opinion whereuponsuch reasonable period shall be deemed to expire 15 daysafter service of such notice. The Customer shall have no rightto claim damages or cancel the order for any delay in deliverynot exceeding 15 days beyond such reasonable period.10 Acceptance of Deliveryacceptance of the Goods or payment for the Goods bythe Customer to the Company shall of itself constitute anacceptance of these conditions where acceptance has notpreviously been communicated to the Company.11 Force Majeurein the event that the manufacture or delivery of any ofthe goods is prevented or hindered directly or indirectlyby fire, the elements, war, civil commotion, strikes or lockouts, industrial dispute, shortage of fuel notwithstandingthat the Company has taken all reasonable steps to procurethe same, shortage of labour, break down or partial failureof vehicles plant or machinery, acts, orders or regulationsof Government, delay on the part of any independentsub-contractor or supplier, or any other cause whatsoeverbeyond the reasonable control of the Company then thetime for delivery of the Goods shall be extended for areasonable period having regard to the effect of the delayingcause on the manufacture or delivery.12 Place of Contractthe contract is deemed to have been made at theCompany’s place of business, for the purpose of the order.13 Passing of Propertya) Title to the Goods shall not pass to the Customeruntil the Customer has paid to the Company all sumsdue and payable by it to the Company under thiscontract and all other prior contracts between theCompany and the Customer and until title to theGoods has passed to the Customer the Customer shallpossess the Goods or any part thereof as a bailee ofthe Company and shall store the Goods or any partthereof separately from other goods so as to ensurethat they are clearly identifiable as the property of theCompany and shall not use the Goods.b) The Company shall be entitled to recover and resellGoods in respect of which title has not passed tothe Customer at any time and the Customer herebylicense’s the Company its officers, employees andagents to enter upon any premises of the Customerfor the purpose either of satisfying itself that condition13a) is being compiled with by the Customer orrecovering any Goods in respect of which title has notpassed to the Customer respect of the Goods or anyone or more instalments of the Goods shall entitlethe Company to treat the whole of the contract asrepudiated by the Customer.14 Deliverya) If the Company is requested to deliver to a site,delivery will be to the nearest hard road to the site.b) If the Customer requests delivery to a site beyond thenearest hard road then all risk as to the condition ofthe Goods on delivery is with the Customer, and noclaims will be entertained as to condition of the Goodson delivery.c) Unloading is the responsibility of the Customer.d) Delivery to the site of nearest hard road to the siterequested by the Customer, established by a signeddelivery note, is conclusive evidence that delivery hasbeen made to the order of the Customer, and incompliance with the agreement.e) The Company shall not be required to fulfil orders inthe sequence in which they are placed. Failure by theCustomer to take delivery of or to make payment inrespect of the Goods or any one or more instalmentsof the Goods shall entitle the Company to treat thewhole of the contract as repudiated by the Customer.f) Without prejudice to condition 14e) the company willendeavour to comply with reasonable requests by theCustomer for postponement of delivery of the Goodsbut shall be under no obligation to do so and wheredelivery is postponed by agreement otherwise thandue to default by the Company the Customer shall payall costs and expenses including a reasonable chargefor storage and transportation occasioned thereby andpayment for the Goods shall be made on the datepayment would have been due had delivery not beenpostponed.condition of the Goods until delivery has been made(save for deliveries beyond the nearest hard road, in whichcase condition 14b) shall apply.)15 Riska) If the Company delivers in its own vehicle, theCompany retains the risk for the condition of theGoods until delivery has been made (save for deliveriesbeyond the nearest hard road, in which case condition14b) shall apply.)b) If delivery is by a carrier or by post, at the request ofthe Customer, then risk for the condition of the Goodsis with the Customer after the Goods have left theCompany’s premises.c) If delivery is by carrier or post or any other means atthe Company’s choice, then risk for condition of theGoods remains with the Company until delivery.d) The Company will charge the Customer for the costof carriage, post or other delivery affected at theCustomer’s request and/or consent.e) Delivery is completed by arrival of the Goods atthe requested or appointed destination and beforeunloading or unpacking.16 Paymenta) Payment will be made within 28 days of presentationof the Company’s invoice.b) The Company reserves the right to request paymentafter delivery.c) Interest on overdue accounts will be paid at 3% aboveBank Base Rate.d) A cheque tendered by the Customer in payment shallnot be treated as payment until the same has beencleared.17 Cancellationthe Company will only agree to cancellation of thiscontract on condition that all costs and expenses incurred bythe Company up to the time of cancellation and all loss ofprofits and other loss or damage resulting to the Companyby reason of such cancellation will be paid forthwith bythe Customer to the Company. Cancellations will only beaccepted in writing with a full description of the product andquantity of the goods to be cancelled. Cancellation of Non-Stock items will not be accepted.our standard policy remains that any materials suppliedcorrectly against a customer’s order will not be acceptedfor return. Returns will only be considered if they are within10 working day of the delivery/collection and in full boxesin a saleable condition. All goods accepted for return will besubject to 30% handling charge.if we agree to collect goods for credit:a) Only two attempts will be made. If goods are notavailable or premises closed during our normal deliverytimes, then any previous agreement to collect andcredit will be cancelled without notice.b) Any goods returned must be in Re-Saleable condition.Packaging and materials in good clean condition andthe shade and calibration matches our existing stockand in full boxes only.c) Returns of Non-Stock items will not be accepted.d) Goods collected will be examined once they arereturned to our warehouse, and only those thatcomply with conditions 17b) will be credited.e) A charge has been notified to you and confirmed onthe copies of the collection note, and this is the chargethat will be made. This charge is accepted by you byyour signed acceptance and release of the goods toour driver.18 Claimsa) Any claim as to the condition of the Goods on deliveryand which would be apparent on visual inspection mustbe communicated within three days of delivery andconfirmed in writing within five days after delivery.b) Subject to condition 18d) after five days from deliverythe Customer is deemed to have accepted the Goodsas having been supplied in good condition, and inaccordance with the order.c) Any claim as to the condition of the Goods notapparent on visual inspection must be communicatedin writing to the Company within twelve months of thedate of delivery.d) Liability of the Company for the defective condition ofany of the Goods supplied will not exceed the contractvalue of the Goods in respect of which the complaint ismade.e) Notwithstanding condition 18d) no claim may be madein respect of defective condition of the Goods oncethey have been used by fixing.f) In the event that the Goods are not manufactured bythe Company then the Company gives no assurance,warranty or guarantee whatsoever that the sale oruse of the Goods will not infringe copyright, registereddesign, design copyright or other intellectual propertyrights of any other person, firm or company.19 Each delivery is a separate Contract. Failure to deliverany part of an order does not invalidate the Contracts for thebalance.20 The Company’s conditions over-ride any Conditions ofSale/Purchase of the Customer. The customer’s Conditionsare only effective in so far as they do not conflict with theCompany’s Conditions.21 Insolvencyif the customer shall become bankrupt or unable topay its debts as prescribed by Section 123 Insolvency Act1986 or compound with its creditors or in the event of aresolution being passed or proceedings commenced for theadministration or liquidation of the Customer (other than fora voluntary winding up for the purpose of reconstruction oramalgamation) or of a Receiver, Manager, Administrator orAdministrator Receiver is appointed of all or any part of itsassets or undertaking the Company shall be entitled to cancelthe contract in whole or in part by notice in writing withoutprejudice to any right or remedy accrued or accruing to theCompany.22 Noticesany notice required to be given by either the Companyor the Customer to the other shall be deemed to beproperly served if sent by prepaid registered letter posted toits registered office or such other address as may from timeto time be notified to the other for this purpose and anynotice served shall be deemed to have been served 24 hoursafter the time of posting and in proving such service it shallbe sufficient to prove that the notice was properly addressedand posted.23 English Lawenglish Law governs the contract. The English Courts arethe property venue for any Actions arising from the Contract.TERMS AND CONDITIONS143