Terms & Conditions 1. In these conditions. "THE COMPANY" means FACTORY TILES. 2. TECHNICAL ADVICE i. The Company's authorized representative in good faith gives advice. ii. The Company shall not be liable for defects in the manufacture of the tiles, errors by the manufacturers or any other circumstances beyond the Company's control. 3. SAMPLES i. Any samples are exhibited solely to enable the customer to assess the quality of the bulk and not so as to constitute a sale by sample. ii. The Customer shall take the goods at their own risk, as to their corresponding with the sample Of any has been provided) and as to their quality, condition or sufficiency for any purpose (as to which the Company makes not warranty, even if such a purpose is known to them). 4. VARIATIONS i. Goods are supplied with the manufacturer's tolerance limits of size, texture and colour variation. ii. Marble and stone goods are supplied subject to natural colour variation. 5. COMPARISON WITH PREVIOUS ORDERS  No guarantee is given that the colour shades of the goods supplied will match accurately to the colour shades of any previous orders. 6. CRAZING  No guarantee is given against crazing of goods, and the Company shall not be liable for any defects in the goods arising as a result of crazing. 7. PRICE QUOTATIONS  Quotations are given in good faith and are based on current costs (at the time when the quotations were given). The quoted price shall be subject to amendments in the event of alterations of the manufacturer's prices, changes in currency or additional charges arising. The Customer is required to pay in accordance with the amendment in price, not withstanding any prior quotation. 8. DELIVERY QUOTATIONS i. Delivery time shall not be the essence of the contract. ii. Any quotation by the Company in respect of the delivery time is given in good faith but delivery is subject to availability of the requisite materials and to supply the same from the manufacturers, iii. The Company will make reasonable efforts to comply with quoted delivery times, but shall not be liable for any failure to fulfill delivery on or before the quoted time, iv. Any arrangement made by the Customer in anticipation of delivery shall be at the risk of the Customer. 9. FORCE MAJEURE  The Company shall not be liable for any loss occasioned by an Act of God. War. Riot. Fire. Strike. Lock-out, change of Governmental control of requisitions. Change of Law. Abnormal weather conditions, accident, breakdown or other circumstances beyond its control. 10. PLACE OF CONTRACT i. The Contract shall be deemed to have been made at the Company's place of business in relation to the Contract in question. Units 3-6. Bell Lane. ii. The Seller is not bound by any changes in the formal identity or status of the Buyer until the Seller in Writing accepts a formal written application. In particular, on incorporation for the Buyer's business, the former proprietors of the buyer remain liable to the Seller for all invoice sums due in respect of orders placed whether before or after incorporation until such notification is sent. 11. PLACING OF ORDERS  Stock items will only be reserved for a maximum of 48 hours unless payment received in full. Once paid, all orders must be collected within five days otherwise the Company reserves the right to return or sell the order without prior notification to the Customer. 12. PROPERTY IN GOODS  Property (ownership) shall not pass on any part of the order until payment for the entire order has been made. 13. RIGHT TO REPOSESS  The Company shall have a right to enter the Customer's premises on reasonable notice, to repossess the Company's goods in respect of which property has been passed. 14. DELIVERY i. If the Company is requested to delivery to a site, delivery will be to the nearest hard road to the site. ii. If the Customer requests delivery to a site beyond the nearest hard road, then ail risk as to the goods shall be with the Customer and no claim shall be entertained as to the condition of the goods on delivery, iii. Delivery to a site or the nearest hard road to the site, at the request of the Customer established by a signed Delivery Note is conclusive evidence that the delivery has been made to the order of the Customer and in compliance with the agreement iv. Unloading of the delivered goods shall be the responsibility of the Customer, v. The Customer shall effect unloading of the goods with reasonable speed and commencing immediately after delivery of the goods. 15. RISK i. If the Company delivers the goods in its own vehicle, the Company shall retain the risk for the condition of the goods until delivery has been made (save for delivery beyond the nearest hard road, in which case see 14.i. ii. If delivery is by earner or post at the request of the Customer, then the risk for the condition of goods shall be with the Customer after the goods have left the Company's premises, iii. If delivery is by carrier or post, or by any other means the choice of the company, the risk shall be with the Company until delivery, iv. The Company will charge the Customer for the cost of carriage, post or other delivery charges effected at the Customers request and/or with the Customer's consent. v. Delivery shall be deemed to be completed upon arrival of the goods at the requested or appointed destination and before unloading or unpacking. 16. PAYMENT i. The Company reserves the right to request payment before delivery. ii. Save and provided in 16.i. payments shall be made in full by the 25th of each month following the date of invoice. All prices are subject to VAT and the rate charged will be that current at time of invoicing. iii. The Customer shall not be entitled for any reason to withhold or set off payment for the goods. iv. It is Company policy to place automatic stop on goods being dispatched or collected, where payment has exceeded terms stated in 16.ii. The Company reserves the right to charge interest at 3% above bank base rate on moneys not received by the due date. Where accounts are persistently overdue the Company reserves the right to withdraw, without notice, any credit facilities and place the account on a COD basis. v. For Account Customers all invoices are subject to a £15 minimum invoice charge. vi. No materials car: be supplied on a sale or return basis, any materials agreed to be taken back into stock, a minimum 20% re-stock charge will be made. 17. CLAIMS i. Save in the case of delivery by post, no claim for shortage in quantity of the goods delivered/collected shall be entertained unless same is made the Company's representative or to the carrier at the time of delivery/collection. ii. Any claim for shortage in the quantity of goods on delivery/collection must be confirmed In writing to the Company within tree days of the delivery/collection. iii. Any claims as to the condition of the goods on delivery/collection must be communicated by the Customer to the Company within three days of delivery/collection and confirmed in writing to the Company within five days of delivery-collection. iv. After five days from Delivery collection, in the absence of a notified claim, the Customer is deemed to have accepted the goods as having been supplied in good condition and in accordance with the order. v. Where a claim is made in respect to the defective condition of the goods, a representative of the Company, should the Company deem it necessary, shall be given access to inspect the goods. vi No claim shall be made in respect of defective condition of goods once they have been fixed or any attempt has been made to fix them. vii. The Company shall not be liable for any loss or damage resulting from the application to the goods of any process, operation or treatment unless prior to the making of the contract, the intended application shall have been agreed in writing by a duly authorized representative of the Company. viii. The Company's liability for the defective condition of any goods shall not exceed the contract value of the goods in respect of which that claim is made. 18. Failure to deliver any part of the order shall not invalidate the contract for the balance. 19. The Company's Conditions shall override any Conditions of Sale/Purchase, which the Customer may have. The Customers Conditions shall have effect only in so far as they do not conflicted with the Conditions of the Company. 20. ENGLISH LAW  English Law shall govern the contract. The English Courts shall be the proper venue from any action arising out of the contract.
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