CONSUMER TERMS AND CONDITIONS

1. Definitions

1.1 The expressions in these Terms and Conditions shall have the following meanings unless the context requires otherwise:

The “Contract” means the contract between Euxton and the Purchaser for the supply of the Goods arising from the Purchaser’s Order and Euxton’s acceptance, including these Terms and Conditions.

“Euxton” shall mean Euxton Tile Supplies Limited, 137 Wigan Rd, Euxton, Chorley PR7 6JH.

“Goods” means the items or services to be provided by Euxton to the Purchaser in accordance with the Contract.

The “Order” shall mean the order for the Goods as set out by or on behalf of the Purchaser..

“The Purchaser” shall mean the organisation directly purchasing the Goods from Euxton.

2. Application and Precedence

2.1 The Purchaser’s rights under the Consumer Rights Act 2015 remain unaffected by these Terms and Conditions. Nothing in these Terms and Conditions shall affect the Purchaser’s statutory rights as a Consumer.

2.2 These Conditions apply to all sales of Goods by Euxton to the Purchaser. No variation to these Conditions shall take effect unless expressly agreed in writing and signed by an authorised manager of Euxton.

The Conditions shall supersede and cancel all prior understandings, commitments, representations or agreements whatsoever whether oral or written between Euxton and the Purchaser.

2.3 It is expressly agreed that no term or condition identified by the Purchaser endorsed on, delivered with or contained within or attached to the Purchaser’s Order, confirmation of order, specification or other document from the Purchaser shall form part of any agreement between Euxton and the Purchaser without written acceptance by an authorised manager of Euxton.

2.4 The Purchaser acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Euxton which is not set out in the Contract. Nothing in this condition shall exclude or limit Euxton’s liability for fraudulent misrepresentation.

2.5 Acceptance of Euxton’s quotation and/or issue of an Order or direct payment by the Purchaser shall deem to be acceptance of these Conditions and an offer by the Purchaser to buy Goods subject to these Terms and Conditions.

2.6 Except for over-the-counter purchases no contract shall exist until Euxton issues a written acknowledgement to the Order.

3. General Description

3.1 Any general description not forming part of the technical specification given or applied to the Goods is given by way of identification only. Euxton shall use such description for reference purposes only and will not be liable for any variation between the general description and the technical specification as accepted by the Purchaser.

3.2 Products in Euxton’s literature and websites are illustrated as accurately as modern reproduction methods will allow.

4. Specification

4.1 Item specifications are correct at time of advertising. Euxton and its manufacturers reserve the right to amend specifications without notice. Euxton will endeavour to provide the Purchaser with true and accurate up-to-date specification information wherever possible, noting any significant changes.

In addition to the Purchaser’s statutory rights the Purchaser shall be entitled to cancel any order where there has been a significant specification change, thereby rendering the Goods in course of manufacture to be no longer fit for purpose.

4.2 Euxton reserves the right to supply full boxes of Goods only, especially with respect to special orders. Once special orders are en-route to Euxton from its suppliers Euxton will neither accept cancellations or returns.

4.3 Goods are not tested or sold as being fit for any particular purpose unless clearly stated in writing by Euxton.

4.4 Where tiles are classified as slip-resistant it is the responsibility of the Purchaser to satisfy itself that the level of slip resistance is sufficient for the proposed purpose. Note that the result of a slip resistance test may alter from a new installation depending on conditions of use /maintenance and wearing of the material over time. Where specific performance is required from a tile the Purchaser must first contact Euxton for information. Unless Euxton has advised the Purchaser in writing that such performance can be achieved Euxton can accept no liability in this matter.
4.5 Samples will be generally representative of the Goods to be provided, but batch and shade variation is an inherent part of the manufacture of all tiles and associated products. Goods are sold subject to such variations, including variation in shade, being deemed a characteristic.
4.6 Tiles once fixed shall be deemed to be accepted.

5. Pricing and Payment

5.1 Euxton’s current price list supersedes any previous list.

Euxton reserves the right to alter prices and to withdraw or modify advertised goods from time to time and without directly notifying previous purchasers.

All quotations will be valid for 28 days from date of issue unless otherwise advised at the time of issue. Errors and omissions are correctable by us within a reasonable period of time.

No amendment shall be made to prices for Goods where payment has already been accepted by Euxton.

V.A.T. at the current rate will be added to all prices.

Where special pallet prices are quoted they are nett of all discount including settlement discount where applicable.

5.2 All accounts are subject to settlement no later than the end of the month following the month in which the invoice is issued. Special orders will be invoiced upon arrival at Euxton’s premises, whether collected by the Purchaser or not.

5.3 Payment can be made by cash (up to £1,000) for any one transaction, or:
• by cheque accompanied by cheque guarantee card up to the sum guaranteed
• by credit/debit card
• by internet transfer
subject to the terms thereof.

The ownership right for the goods shall be transferred to the Purchaser after the purchase price has been received in full by Euxton.

5.4 The ownership right for the Goods shall be transferred to the Purchaser only after the purchase price has been received in full by Euxton.

Euxton reserves the right to display Goods that are on its premises awaiting delivery.

Under no circumstances will non-stock items be returned or exchanged unless defective.

5.5 The Purchaser may only cancel the Contract or reduce his order requirements with the prior written consent of an authorised officer of Euxton and prior to the date of dispatch of the Goods. If Euxton agrees to the Purchaser’s request to cancel the Contract, cancellation charges will be levied by Euxton as follows.

(a) For stock items a charge of 25% of the price of these items.

(b) For special Items (meaning Goods which are not stock items) all manufacturing costs and any other costs incurred up to the date of cancellation, uplifted by 25% to cover administration etc.

The Purchaser agrees that these charges represent a pre-estimate of Euxton’s losses (handling, administration etc.) as a result of cancellation:

5.6 Returns will only be accepted within three months of delivery and upon written the agreement of an authorised officer of Euxton. One reason for non-acceptance would be that patten lines have been discontinued and the item is no longer offered for sale.

Only full boxes of stock items will be accepted as returns, with the Goods and packaging in a condition that will allow resale. Under no circumstances can non-stock items be returned or exchanged.

A charge of 25% of the price of stock items returned will be payable by the Purchaser as an
administration charge.

5.7 All invoices remaining unpaid 14 days after due date shall be classed overdue and will result in:
a. Automatic suspension of further supplies
b. Any quoted settlement discount disallowed
c. An interest charge of 2.5% per month being added to the account until such time as settlement is made in full.

6. Events outside Euxton’s control

6.1 Euxton will not accept responsibility for delays arising through risks and uncertainties beyond its control including manufacturer delays, strikes, accidents and other Force Majeure events.

6.2 Euxton can give no warranty against crazing, shading or any similar defects in tiles which are a natural part of the manufacturing process.

In particular no warranty is given in respect of staining by the use of coloured grouts.

6.3 Delay in delivery will not entitle the Purchaser to terminate or rescind the Contract unless such delay exceeds sixty days.

7. Carriage and packing

7.1 Carriage and packing charges may be additional as noted in the Price List.

7.2 In the event that special delivery is necessary including deliveries outside Euxton’s normal delivery area, Euxton will not be liable for any damage during transit.

7.3 The Goods are at the risk of the Purchaser from the time that he receives delivery.

7.4 Claims from the Purchaser for damaged or incorrect Goods will not be considered unless made within 48 hours of delivery. Claims will only be entertained for damaged Goods where the delivery note is signed “unexamined”.

Shortages should be noted on the delivery note as claims cannot be entertained after delivery has been accepted. Delivery by Euxton will be kerb-side only, unless prior arrangements are agreed with Euxton in writing.

8. Communication and Law

8.1 Any communication in regard to this Contract should be sent to:

Euxton Tile Supplies Limited, 137 Wigan Rd, Euxton, Chorley PR7 6JH.

8.2 This Contract is subject to English Law and subject to the jurisdiction of the courts of England and Wales.

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