1. All accounts are subject to settlement no later than the date stated on the invoice.
2a. Subject to any variation under condition 2c the contract shall be on these conditions to the exclusion of all other terms and conditions (including any term or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2b. No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the Contract.
2c. These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Manager of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2d. Each order or acceptance of a quotation for the Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
3. A minimum restocking charge of 25% (minimum 5 pounds) will be levied on all goods returned or exchanged. (Stock items and full boxes only). Under no circumstances will non-stock items be accepted for return or exchange. No cancellation or variation of any order by the buyer shall be effective unless made in writing and until accepted in writing by an authorised officer of the company.
4. Until payments have been received in full by Euxton Tile Supplies in accordance with the terms and conditions of this contract or until such time as the buyer sells the goods to its own customer bona fide at full market value, ownership of the goods shall remain with Euxton Tile Supplies who reserve the right to display of the goods.
5. If payment in full as foresaid is overdue in whole or part, Euxton Tile Supplies may (without prejudice of its other rights) recover or re-sell the goods or any of them and may enter upon the buyer’s premises by its servants or agents for that purpose. Payment shall become due immediately upon commencement of any act or proceeding in which the buyer’s solvency is involved.
6. Until Euxton Tile Supplies is paid in full as foresaid the relationship of the buyer to Euxton Tile Supplies shall be fiduciary and if the same are sold by the buyer, Euxton Tile Supplies shall have the right to trace the proceeds there of according to the principles in Re Hallett’s Estate.
7. All invoices remaining unpaid 7 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.
8. All accounts are payable to Euxton Tile Supplies, 137 Wigan Road, Euxton, Chorley PR7 6JH. Due date is the end of the month following the month in which the goods are delivered or deemed to be delivered.
9. Orders accepted subject to prices ruling at the time of despatch and will be invoiced accordingly i.e. subject to manufacturers increases. We reserve the right to amend prices, descriptions etc. without prior notice.
10. Orders accepted or promises for delivery are given conditionally upon our being able to secure the necessary labour and materials and we are absolved from responsibility for delays arising through risks and uncertainties of manufacturer’s strikes, accidents and other causes beyond our control.
11. We reserve the right to supply full boxes especially with respect to special orders. Once special orders have been received by us or are en-route to us from our suppliers, we will neither accept cancellations or returns of said special order goods from customers. Special orders whether collected/delivered or not will be invoiced in the month which we receive them for payment under usual terms.
12. Euxton Tile Supplies give no guarantee against crazing, shading or any other defects in tiles and goods are sold under the same terms and conditions as those issued by the manufacturers. Complaints will neither be accepted nor investigated once tiles have been fixed. No guarantee is given in respect of shade or staining by the use of coloured grouts.
13. Goods are not tested or sold as being fit for any particular purpose. Any term, warranty or condition express implied or statutory to the contrary is excluded. In no circumstances shall the sellers liability (in contract, delict or otherwise) to the buyer arising under out of or in connection with this contract or the goods supplied exceed the invoice price of the particular goods in regard to which any complaint is made. Where tiles are classified as slip-resistant it is the responsibility of the purchaser to be happy the level of slip resistance is sufficient for the proposed purpose. Further, 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 please contact us for information. Batch and shade variation is an inherent part of the manufacture of all tiles and associated products and goods are sold subject to variation in shade being deemed a characteristic.
14. We reserve the right to include carriage and packing charges as extra where goods are requested to be sent by means other than our own transport and also where special delivery is requested. Where goods are requested to be sent by carrier Euxton Tile Supplies will not be liable for any damage.
15. Claims for damages or incorrect materials will not be accepted unless made within 24 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 the company will be kerb side only, unless prior arrangements are agreed in writing. The goods are at the risk of the buyer from the time of delivery.
16. Goods cannot be supplied on a sale or return basis. Minimum credit invoice 5 pounds. Minimum delivery invoice 15 pounds.
17. V.A.T. at the current rate will be added to all prices.
18. Utilisation of our monthly account procedure is deemed to be an acceptance of our conditions of sale.
PLEASE NOTE, WHERE SPECIAL PALLET PRICES ARE QUOTED THEY ARE NETT OF ALL DISCOUNT INCLUDING SETTLEMENT DISCOUNT WHERE APPLICABLE.
*CURRENT PRICE LIST SUPERSEDES ANY PREVIOUS PRICE LIST