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Unless otherwise expressly agreed in writing by us these conditions shall form part of any contract and no condition inconsistent therewith shall, unless expressly agreed in writing by us, be deemed to exclude or over-ride or vary any of these conditions notwithstanding there being proffered you in your written order. They shall not only apply to the present transaction, but to all future business between us except in cases such as the contrary may be agreed by us in writing. Where there is no written order from your Company relative to the works carried out, we have proceeded on the basis that these conditions of sale and contract will exclusively apply to this work and all future work with your Company where we have received no specific order from you. We also will proceed on verbal instruction from your Company’s representatives only on the basis of these conditions of sale.
Any date named by us for despatch or delivery is given without liability of any kind. You shall be bound to accept the goods ordered when they become available. We shall not be liable in any way in respect of late or failure to despatch of non-delivery however caused nor shall any delay in or failure to despatch be deemed to be a breach of contract or duty on our part. Where drawings, specifications instructions and materials are to be supplied by you, you shall supply them to us within a reasonable time so as to enable us to despatch within the period indicated by us.>
Unless otherwise specified in our tender or acceptance of your order the price quoted excludes carriage charges. Carriage will be charged extra if not stipulated in our quotation or acceptance of your order. Also excluded from our prices is offloading at site, hoisting, lifting and transport from offloading point to place of installation. Where our offer or acceptance of your order includes for delivery to your site then clear access and an adequate storage area must be provided by you.
Unless otherwise agreed, the place of delivery will be deemed to be our place of business and once the goods have been put in a deliverable state, they shall thereafter be at your risk. Further unless agreed you will bear the cost of insurance against all risks.
Our own prices are strictly nett unless otherwise quoted and do not include discounts and are based on material and labour costs in force at date of tender. We reserve the right to increase the prices quoted should there be any increase in the cost of labour, materials, taxes, freight or any other charges, expenses and costs payable by us in relation to the design manufacture, packaging, carriage and insurance of the goods before the date of despatch. Notwithstanding anything stated in our tender all orders are accepted on the condition that the goods will be invoiced at our prices ruling on the date of despatch.
Unless otherwise stated prices are due for payment within 30 days from the date of our issuing an invoice.
(a) Additional material orders shall not be delivered until, the original invoice(s) have been paid in full
(b) Payment for Stone Panels shall be as normal natural stone conditions of Pro Forma or Irrevocable letter of credit.
Notwithstanding any agreed terms of payments goods are not sold or delivered on credit but on condition that ownership therein shall not pass to you until they are fully paid for and we shall be at liberty in our sole descretion to determine the contract and remove the goods if the price is not paid at the time and in the manner stipulated for and to recover damages from you in respect of the loss and damage suffered as a result of your failure to honour the contract and any instalments of purchase money which may have been paid shall be retained by us against said damages. In the event of no date having been fixed for the payment of the price, the date on which the same falls due for the purpose of this condition shall be deemed to be 30 days after the goods were delivered. In addition to any other lien to which we may be entitled we shall have a general lien on all goods supplied by us for the unpaid price of any goods sold and delivered to you under this or any other contract. The goods furnished by us hereunder shall remain moveable property and retain this character no matter in what manner affixed or attached to any structure.
If we do not receive forwarding instructions sufficient to enable us to despatch the goods within fourteen days after date of notification that they are ready for despatch or collection. You shall take delivery or arrange storage, otherwise storage charges, insurance and extra handling will be for your account. Further the goods will be invoiced as in conditions 3, 5 and 6 above and be subject to the terms of payment stipulated.
All descriptive and forwarding specifications, drawings and particulars of weights and dimensions submitted with our offer are approximate only and are intended merely to present a general idea of the goods described therein and none of these shall form any part of the contract. All technical information supplied by us is subject to change without notice.
No liability whether in contract or direct attaches to us for latent or inherent defects in any goods or equipment supplied by us nor for any consequential loss or damage to property arising therefrom. If materials are not available as specified we reserve the right to substitution. All tenders, estimates or quotations and sales made with our guarantee that the goods are warranted for use for any specific purpose or for in any specific conditions unless we give a definite assurance to the contrary in writing. You are advised to effect any insurance cover to protect your interest and to satisfy yourselves as to the fitness of any goods supplied by us for any particular purpose or conditions.
We hereby reserve the right to assign or sublet the whole or any part of the contract.
No liability in respect to goods lost or damaged in transit will be accepted by us if (i) we sell our goods ex our warehouse or ex our depot and carriage is for buyers account or (ii) in cases where our prices include for our paying carriage to the required destination,
(a) a clear signature for the goods is given by the purchaser or his agent or
(b) if no clear signature has been given as aforesaid a claim is not made on us and the carrier in writing within three days of arrival of the goods or such shorter time s may be required by the conditions of carriage or
(c) the approaches to and on the destination of site are not in good order or condition to permit the easy and proper passage of the vehicle carrying the goods or
(d) the damage or loss occurs after the arrival of the delivery vehicle to site or
(e) in the case of all the goods loaded on one vehicle failing to arrive, we are not notified within seven days of receipt of our invoice or advise note of despatch.
Without prejudice to out rights at common law or under statue, we shall be entitled to determine the contract either
(a) on default in payment as already stipulated or
(b) on interference with or obstruction of the regular process of the contract by you or
(c) if the contract is delayed by a period exceeding three months by fire, lightning, explosion, storm, tempest, flood, strike, lockout, or civil commotion, lack of instructions or information without which the contract cannot economically proceed to substantial completion, delay caused by others engaged by you or for any cause outwith our control or
(d) if any legal diligence is executed upon you or your property or assets or any part thereof or
(e) if you, being an individual or partnership make any offers or arrangements or composition of creditors or commit any act of bankruptcy, sign a trust deed for behalf of creditors or if any petition for your sequestration shall be presented or if you, being a limited Company, should issue a notice to convene any meeting for the purpose of passing a resolution to wind up your Company or if such resolution shall be passed, or if a Receiver shall be appointed over your undertaking property or assets or any part thereof and on any of these events occurring, we may thereupon by notice, send by recorded delivery to you, forthwith determine the contract without prejudice to any claim or rights which we may otherwise have, make or exercise. Any notice given hereunder may be given by us at your last known address.
(a) Save as already provided and in lieu of any warranty, condition or liability implied by law, our liability in respects of any defects in or failure of the goods supplied or for any loss, injury or damage attributable thereto shall be limited to making good by replacement or repair defects which were fair, wear and tear excepted, under proper use appear therein and rely solely from our faulty design, materials of workmanship but only if and to the extent we have accepted obligation in those three connections within a period of twelve calendar months from date of despatch or as set out in each offer (when and at the termination of such period all liability on our part ceases) provided always that such defective parts are promptly returned to us free unless otherwise arranged. Delivery of the repairs or new parts will be to the same terms and conditions as the original parts.
(b) This liability is accepted in place of and to the exclusion of any rights or remedies which you may have either at statue or at common law all of which you will be deemed to have waived and discharged on acceptance of this quotation.
(c) You are advised to effect all insurance cover which is necessary to protect your interest and where this is not possible, to take all practical steps to avoid or minimise all losses.
(a) The contract in all respects shall be contoured and operated as a Scottish contract and in conformity with the Law of Scotland.
(b) You shall indemnify us against all damages, penalties, costs and expenses to which we may become liable if any work done in accordance with your specification involves infringement of an unregistered or registered design patent.
To maintain our competitive prices in this market we cannot be held responsible for excess measurement of goods by our operatives on your behalf or by your own operatives and we would expect that you would cross check any measurement before ordering as no goods will be accepted as returns after we have processed the order.
We reserve the write to apply special conditions to any order that may merit protection of our interests.
Any complaints or issues on materials delivered must be made within seven days of receipt of the goods. It is your responsibility to check goods for accuracy of order content, blemishes etc prior to installing any materials. Once materials have been installed they shall be deemed to be accepted. Any goods termed unacceptable shall be laid aside in good condition for inspection and replaced if deemed defective as is our sole obligation of the sale. Any goods installed shall be your responsibility to remove and the replacement and installation shall be at your expense.
(a) Aerolite natural stone panels comprise of a 7mm stone veneer reinforced by an aluminium honeycomb panel. The stone can be susceptible to damage in handling, off loading and secondary transportation. T.I. Tiles International Ltd will not be responsible for damaged panels secured on to the wall, nor any panels that appear to have been disturbed from their factory protected transportation condition nor where natural changes occur.
(b) When considering a natural stone finish, it should be understood that nature will dictate any variations in tonality, markings or consistency. T.I. Tiles International Ltd therefore will not accept any responsibility for differences between samples submitted or samples and stone delivered.
(c) Any rates submitted are based on current exchange rates and currency fluctuation(s) in excess of 3% will result in adjustment to the quoted rates. Also, the rates given are based on current metal prices, which will be subject to adjustment in the event of any significant increases in market prices.
(d) Please note that any orders will be accepted on individual component costs. Any estimated quantities by Tiles International are our interpretation of your enquiry requirements and all quantities must be checked & verified.
(e) Samples cannot be guaranteed to conform absolutely with supplies & no small sample can give an exact indication of the full character of the material
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