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1. Definitions 1.1 Buyer - means the person who accepts a quotation of the Seller for the sale of the Goods or agrees to buy the Goods from the Seller. 'Conditions' – means the standard terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. Contract - means the Contract for the sale and purchase of the Goods. Goods - means the tiles and other products (including any instalment of the Goods) which the Buyer agrees to buy from the Seller. Order" - means the order in writing by the Buyer for the Goods. Price - means the price for the Goods excluding (where applicable) carriage, packing, insurance and Value Added Tax. Seller - means Horncastle Tiles Limited Writing - including cable, facsimile transmission, and comparable means of communication. 1.2 Any reference on these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. 1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation. 2. Conditions Applicable 2.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document. 2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant of these Conditions. 2.3 Acceptance of the delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions. 2.4 Any variations to these Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. 2.5 Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. 3. Contract 3.1 Contracts with the Seller shall be for the supply of the Goods. 3.2 Each contract between the Seller and the Buyer shall consist of the Order, the Conditions and such other express terms as the Seller and the Buyer shall agree in writing. 3.3 In the event that: the terms of the order are in conflict with any of the Conditions, the Conditions shall prevail. the express terms of a Contract are in conflict with any of the Conditions, the Conditions shall prevail.
3.4 The buyer acknowledges that he has not been induced to enter into the Contract by any representation made by or on the behalf of the Seller other than those contained in the Contract. 4. Quotations and Prices The Buyer will be invoiced by the Seller at the Sellers price ruling at the date of the despatch of the Goods. 4.2 Prices quoted in the Sellers quotations or price lists: a) are those then current and shall not be binding on the Seller. b) do not include Value Added Tax or any other tax, levy, duty or surcharge whether imposed before or after making the Contract. 4.3 Smaller orders are acepted Please contact us for assistance 4.4 Subject to paragraphs 4.4 and 4.5 prices include packaging and are consigned free and carriage paid to the Buyers address (as appears in the box marked Buyer overleaf). 4.5 Packaging and postage or carriage will be charged extra where the Goods consigned by the Seller by post, rail, road freight or by special delivery. 5. Catalogues etc. Any description of the Goods appearing in the Sellers catalogues, brochures and other publications is believed to be correct and current but is not warranted by the Seller. In so far as any such publication has been compiled from information supplied to the Seller by any manufacturer or supplier of any such goods the Seller accepts no responsibility for the accuracy of any such description. 6. Designs The specifications and designs of the goods (including copyright, design right, or other intellectual property in them) shall be the exclusive property of the Manufacturer. The Buyer shall not copy nor cause to be copied or reproduce nor cause to be reproduced such specifications and designs. 7. Specification and Material 7.1 All Goods manufactured and supplied in accordance with the Sellers designs and specifications current at the date of commencement of manufacture of the Goods. 7.2 Glazed tiles will be supplied in accordance with British Standard 6341, Part 9 and floor tiles in accordance with British Standard 6341, Part 6 and EN176. Glazed tiles and floor tiles are supplied in accordance with British Standard 5750. 7.3 Goods will be made from the Manufacturers standard materials but, if for any reason, such materials are unavailable, the Manufacturer reserves the right tosubstitute the most suitable alternative that can be obtained at the time of the manufacture. 7.4 Some variations in size, shape, shade and pattern are inherent in the manufacture of tiles and the Seller accepts no liability therefore. 7.5 Tiles supplied by the Seller are not guaranteed against crazing. 7.6 The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements which do not materially affect the quality or fitness for purpose of the Goods.
7.7 No claims against faulty goods can be entered once installation has occured.Installation will deem acceptance of the tiles.
8. Warranties and Liability
Subject to the conditions set out below or in these Conditions, the Seller warrants that the Goods will correspond with their specification at the time of delivery. 8.2 The above warranty is given by the Seller subject to the following conditions: The Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Sellers instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Sellers approval c) The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date of payment. Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified in writing to the Seller within 2 days from the date of delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or Condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Sellers sole discretion, refund to the Buyer, the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Sellers negligence, the Seller shall not be liable to the Buyer by reason of any representative, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in conjunction with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions.
b) War or threat of war, sabotage, insurrection, civil disturbance or requisition. Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).
f) Difficulties in obtaining raw materials, labour, fuel, parts or machinery. g) Power failure or breakdown in machinery. 9. Tiles to the Buyers Specification Where the Seller supplies Goods to a Buyer in accordance with the Buyers specifications, any addition or alteration shall be subject to an extra charge and the Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which it may become liable through the infringement of the rights of third parties.
10. Delivery 10.1 All Goods supplied by the Seller shall be delivered to the Buyer at the address specified in the Order ("the place of delivery"). The Buyer shall make all arrangements as necessary to take delivery of the Goods when they are tendered for delivery. 10.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in the delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date. 10.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 10.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Sellers reasonable control or the Buyers fault, and the Seller is accordingly liable to the Buyer, the Sellers liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by any reason of any cause beyond the Buyers reasonable control or by reason of the Sellers fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: a) Store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage or b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract. Returns Policy - relative to unwanted or over ordered tiles
, Horncastle Tiles Limited offers a returns policy. However we have a sample service at minimal cost to ensure you are 100% happy with your choice of tiles made. By requesting a sample, you have the opportunity to see the product before making the bulk purchase.
11. Shortage, Damage and Non-delivery No claim against the Seller for shortage, damage in transit or non-delivery will be entertained unless: (Except in the case of the British Road Services parcel where notification need only be given to the Seller) shortage of or damage to the Goods is reported in writing to the Seller and the carrier within two days of delivery. Non-delivery of Goods is reported in writing to the Seller and the carrier within three days of the date of despatch as invoiced to the Buyer. 12. Non-acceptance of Delivery If the Buyer fails to take or accept delivery of the Goods in accordance with Condition 10 hereof, the price shall nevertheless be paid in accordance with Condition 13 as if delivery had taken place. The Seller shall be entitled to charge the Buyer for storage, insurance and other expenses reasonably incurred or suffered by the Seller as a result of such failure but the Seller shall not be bound to take any steps for the custody or the care of the goods or be liable for any loss or damage suffered by the Buyer arising there from. 13. Payment 13.1 Except where a credit account has been opened for the Buyer by the Seller, payment of the Price and Value Added Tax shall be made, before goods are released. 13.2 Credit account invoices are due for payment on the last day of the month following that in which the invoice is dated, or otherwise, as agreed. 13.3 Compound interest at the rate of 2 per cent above Bank of England Base Interest Rates per calendar month from the date of the invoice is payable if demanded on all invoices upon which payment is due. 13.4 Payment of credit account invoices by their due date is a condition precedent to the fulfilment of the Sellers further obligations under the Contract in respect of which such default has been made or any other ontract then subsisting between the Seller and the Buyer. 14. Passing of Property and Risk 14.1 The risk in the Goods supplied by the Seller shall pass to the Buyer on delivery to the place of delivery. 14.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds for payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. 14.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Sellers fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Sellers property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. 14.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. 14.5 The Buyer shall be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer do so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable. 14.6 If Horncastle Tiles Limited are requested to leave the tiles at the property by the buyer, responsibility is that of the buyer once offloaded by Horncastle Tiles Limited
15. Instalments Where the goods are delivered by instalments each delivery shall be deemed to constitute a separate enforceable Contract. 16. Cancellation Contracts and orders may not be cancelled by the Buyer without written consent of the Seller. In the event of the Goods being returned to the Company as a result of the cancellation of a Contract the Seller reserves the right to make a cancellation charge calculated by the Seller based on the costs of the Seller which cannot be recovered with a handling or restocking charge. 17. Insolvency 17.1.1 The Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction), or 17.1.2 An encumbrancer takes possession or a receiver is appointed of any of the property of assets of the Buyer, or 17.1.3 The Buyer ceases, or threatens to cease, to carry on business, or 17.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly, 17.2 If this cause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement to the contrary. 18. Non-assignment The Buyer shall not assign his rights or liabilities under a Contract made subject to the Conditions. 19. Waiver Failure by the Seller to enforce a term of the Contract shall not prevent the subsequent enforcement of that or any other term of the Contract . 20. Proper Law Contracts made with the Seller shall be governed by and construed according to English Law and the Buyer agrees to submit to the jurisdiction of English Courts.
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