Terms and Conditions

TERMS AND CONDITIONS OF SALE

Definitions

In these terms and conditions, unless the context requires otherwise, the singular shall include the plural and the masculine gender, the feminine and neuter genders and vice versa and the following words shall have the meanings set out opposite them:-

a) “the Company” shall mean {Stratford Tile Warehouse Limited};

b) “the Customer shall mean any person, firm, company or organisation to whom the Company agrees to sell “the Goods”;

c) “the Goods” shall mean the goods (and any parts thereof) the subject matter of the contract as described in these conditions and (if appropriate) on the face of the Company’s acknowledgement of order form;

d) “the Manufacturer” shall mean the manufacturer of the Goods where the Goods are not manufactured by the Company

Technical Advice

Technical and other advice is given by the Company’s authorised representative in good faith and is for general guidance only. The Company is not liable for errors, or defects by, the Manufacturer or for other circumstances beyond its control. The CUSTOMER / END USER should satisfy themselves that the product supplied is fit for purpose by carefully adhering to the manufacturer’s recommendations as supplied by them on their product packaging or by consulting the manufacturer via their own customer “help line” or the information exhibited on their web-site. Stratford Tile personnel will assist in working out the number of tiles required from customers drawings and measurements, However, the responsibility for the accuracy of the measurements, the number of tiles and amount of adhesive and grout required remains with the customer.

Samples

Samples are exhibited and supplied solely to enable the Customer to judge the quality of the Goods, but not so as to constitute a sale by sample. Stratford Tile cannot guarantee that the product supplied will be an exact match to the samples exhibited or supplied.

Variations

The goods are supplied within the Manufacturers tolerance limits of size, texture and colour variations.

Variation in colour, shade, size and thickness are natural characteristics in Ceramic, Porcelain and Vinyl tiles, Natural Stone and Wood Flooring. It is the CUSTOMER’S / END USER’S responsibility to visually and physically inspect the products received and to ensure that they are as per the customers order and that an acceptable blend of shade is achieved prior to any fixing taking place.

It is the CUSTOMER’S / END USER’S responsibility to ensure that any and all fixing materials received are correct and fit for purpose as detailed in the individual manufacturer’s recommendations and instructions for use. If the product is collected by, or delivered to, a third party i.e. Tiling Contractor, Builder. It is their responsibility to ensure that the products are acceptable to the end user before the materials are fixed.

IMPORTANT:

THE COMPANY WILL NOT ENTERTAIN ANY CLAIMS, FOR WHATEVER REASON, ONCE THE PRODUCTS

Comparison with Previous Orders

The Company cannot guarantee to match shades of previous orders.

Crazing

No guarantee can or will be given against crazing.

Price Quotations

Quotations are given in good faith and are based on current costs and are subject to amendment, without notice, on or after acceptance to meet any recognised rise in such costs. Such rises will apply at date of invoice/dispatch irrespective of date of order. Quotations are based, unless otherwise stated, on our current range of stock.

All prices shown and quoted are subject to V.A.T. The rate charged will be that currently operative at the date of invoice.

Representations

If the Customer wishes to rely upon any statement or representation, other than any made in the documents enclosed with the Company’s quotation or acknowledgement of order, then the Customer must set out that statement or representation in a document to be attached to or endorsed on the order and in any such case the Company may confirm reject or clarify the point and submit a new quotation.

Orders

Special orders for goods, which are not normally stocked, cannot be cancelled once the company has placed an order with an individual manufacturer / supplier. Payment, in full, is required prior to the order being placed with the supplier

No special order, in full or part, can be returned to the company

The right is reserved to refuse cancellation of order, in the case of goods ready for dispatch, in transit, or in the process of manufacture.

In the event of any customer’s official order form containing any special conditions, it is understood that such conditions are only binding in so far as they are not of any variance with the terms and conditions mentioned herewith, unless specifically accepted by the Company in writing.

No goods can, or will be supplied on a sale or return basis unless specifically agreed by the Company in writing.

Excess products purchased from our stock product range may be returned within 28 days of purchase for a full refund. Products must be returned in full box quantities and in their original packaging.

This policy does not extend to Special Orders, Clearance / End of Line Products, Natural Stone or Vinyl flooring where returns will not be accepted.

10. Credits

The Company cannot accept goods for credit where goods have been correctly supplied to order without proper agreement

Delivery Quotation

Time is not of the essence of the Contract. Quotations as to delivery time are given in good faith, but delivery is subject to availability of the Goods, raw materials and supply from the Manufacturer.

Every effort will be made to effect delivery within a quoted period. Where delivery is not effected within such quoted period the Customer shall accept delivery of the Goods within such further period which is reasonable in all the circumstances PROVIDED THAT if the Customer is of the reasonable opinion that such reasonable period has expired he shall give written notice to that effect to the Company stating his reasons for such opinion whereupon such reasonable period shall be deemed to expire 15 days after service of such notice. The Customer shall have no right to claim damages or cancel the order for any delay in delivery not exceeding 15 days beyond such reasonable period.

Delivery

a) 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 the nearest hard road then all risk is with the Customer. No claims will be entertained as to condition of the Goods on delivery or for any damage caused to the customer’s property.

c) Unloading is the responsibility of the Customer.

d) Delivery to the site of nearest hard road to the site requested by the Customer, established by a signed delivery note, is conclusive evidence that delivery has been made to the order of the Customer, and in compliance with the agreement.

e) Site deliveries are only undertaken on the understanding that the purchaser will be responsible for supervising and assisting with the off loading of goods and storing the same to prevent theft or damage from weather etc. We reserve the right to decline a site delivery. A charge for delivery will be quoted on request. The Company cannot be responsible for damage to driveways etc as a result of the Customer requiring the delivery vehicle to drop goods on the property

f) The Company shall not be required to fulfil orders in the sequence in which they are placed. Failure by the Customer to take delivery of or to make payment in respect of the Goods or any one or more instalments of the Goods shall entitle the Company to treat the whole of the contract as repudiated by the Customer.

g) Without prejudice to condition 12(e) the company will endeavour to comply with reasonable requests by the Customer for postponement of delivery of the Goods but shall be under no obligation to do so and where delivery is postponed by agreement, otherwise than due to default by the Company, the Customer shall pay all costs and expenses including a reasonable charge for storage and transportation occasioned thereby and payment for the Goods shall be made on the date payment would have been due had delivery not been postponed.

Acceptance of Delivery

Acceptance of the Goods or payment for the Goods by the Customer to the Company shall of itself constitute an acceptance of these conditions where acceptance has not previously been communicated to the Company.

No claim for short delivery can be entertained unless signified at the time of delivery. The total number of items is shown on all delivery notes, and is signed for to that effect. Customer’s signatures on delivery notes, accompanied by remarks such as “unexamined” or similar will not be binding to the Company.

No claim for damaged goods can be entertained unless a claim is received in writing at the above company’s official office within 48 hours of receipt of goods by our customer. All damaged goods must be returned to us before refund can be issued. The use of goods delivered implies their acceptance by the customer

Site deliveries are only undertaken on the understanding that the purchaser will be responsible for supervising and assisting with the off loading of goods and storing the same to prevent theft or damage from weather etc. We reserve the right to decline a site delivery. A charge for delivery will be quoted on request. We cannot be responsible for damage to driveways etc as a result of customer requiring delivery vehicle to drop goods on the property.

Force Majeure

In the event that the manufacture or delivery of any of the Goods is prevented or hindered directly or indirectly by fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of fuel notwithstanding that the Company has taken all reasonable steps to procure the same, shortage of labour, break down or partial failure of vehicles plant or machinery, acts, orders or regulations of Government, delay on the part of any independent sub-contractor or supplier, or any other cause whatsoever beyond the reasonable control of the Company then the time for delivery of the Goods shall be extended for a reasonable period having regard to the effect of the delaying cause on the manufacture or delivery.

The Contract

The contract is deemed to have been made at the Company’s place of business, for the purpose of the order.

Passing of Property

a) Title to the Goods shall not pass to the Customer until the Customer has paid to the Company all sums due and payable by it to the Company under this contract and all other prior contracts between the Company and the Customer and until title to the Goods has passed to the Customer the customer shall possess the Goods or any part thereof as a bailee of the Company and shall store the Goods or any part thereof separately from other goods so as to ensure that they are clearly identifiable as the property of the Company and shall not use the Goods.

b) The Company shall be entitled to recover and resell Goods in respect of which title has not passed to the Customer at any time and the Customer hereby licences the Company its officers employees and agents to enter upon any premises of the Customer for the purpose either of satisfying itself that condition 16 a) is being complied with by the Customer or recovering any Goods in respect of which title has not passed to the Customer.

Risk

a) If the Company delivers in its own vehicle, the Company retains the risk for the condition of the Goods until delivery has been made (save for deliveries beyond the nearest hard road, in which case condition 17(b) shall apply.

b) If delivery is by a carrier or by post, at the request of the Customer, then risk for the condition of the Goods is with the Customer after the Goods have left the Company’s premises.

c) If delivery is by carrier or post or any other means at the Company’s choice, then risk for condition of the Goods remains with the Company until delivery.

d) The Company will charge the Customer for the cost of carriage, post or other delivery effected at the Customer’s request and / or consent.

e) Delivery is completed by arrival of the Goods at the requested or appointed destination and before unloading or unpacking.

Payment

a) Cash on collection.

b) Account. Terms are strictly 30 DAYS, from end of month following date of invoice

c) Cash on Delivery. Goods WILL NOT be unloaded on a C.O.D without payment in full.

d) Interest on overdue accounts will be paid at 3% above Bank Base Rate.

e) A cheque tendered by the Customer in payment shall not be treated as payment until the same has been cleared.

Cancellation

Cancellation of this contract will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.

Claims

a) Any claim as to the condition of the Goods on delivery and which would be apparent on visual inspection must be communicated within 48 hours of delivery and confirmed in writing within five days after delivery.

b) Subject to condition 20 c) after five days from delivery the Customer is deemed to have accepted the Goods as having been supplied in good condition, and in accordance with the order.

c) Any claim as to the condition of the Goods not apparent on visual inspection must be communicated in writing to the Company within twelve months of the date of delivery.

Liability of the Company for the defective condition of any of the Goods supplied will not exceed the invoice value of the Goods in respect of which the complaint is made.
Notwithstanding condition 20 c) no claim may be made in respect of defective condition of the Goods once they have been used by fixing to the wall, or by any attempt to fix the same to the wall.
In the event that the Goods are not manufactured by the Company then the Company gives no assurance, warranty or guarantee whatsoever that the sale or use of the Goods will not infringe copyright, registered design, design copyright or other intellectual property rights of any other person, firm or company21. Delivery Contract Each delivery is a separate Contract. Failure to deliver any part of an order does not invalidate the Contracts for the balance.22. Over-ride The Company’s terms and conditions over-ride any conditions of Sale / Purchase of the customer. The Customer’s Conditions are only effective in so far as they do not conflict with the Company’s Conditions.23. InsolvencyIf the customer shall become bankrupt or unable to pay its debts as prescribed by Section 123 Insolvency Act 1986 or compound with its creditors or in the event of a resolution being passed or proceedings commenced for the administration or liquidation of the Customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver, Manager, Administrator or Administrative Receiver is appointed of all or any part of its assets or undertaking the Company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to the Company.24. Limited Companies – GuaranteeThose signing the Credit Account Application, on behalf of limited companies, do so as Guarantor and irrevocably undertake to guarantee the payment of all monies owing to us by the relevant limited company if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration, the guarantor will pay to Stratford Tile Warehouse Limited such sum as will enable them to pay all monies owed to us by the limited company.25. NoticesAny notice required to be given by either the Company or the Customer to the other shall be deemed to be properly served if sent by prepaid registered letter posted to its registered office or such other address as may from time to time be notified to the other for this purpose and any notice served shall be deemed to have been served 24 hours after the time of posting and in proving such service it shall be sufficient to prove that the notice was properly addressed and posted.26. English LawThe contract is governed by English Law. The English Courts are the property venue for any Actions arising from the Contract
Date: 1^st September 2009.