information - the small print
All our tiles are supplied subject to the terms and conditions of sale set out below.
TERMS AND CONDITIONS OF SALE
1. In these Conditions:
'We', 'Us' and 'Ours' refer to Norton Tile Company Limited. 'You' refers to any person or persons with whom a written or oral contract is made to supply Goods.
Goods means the goods which We are to supply in accordance with these Conditions
Conditions means the standard terms and conditions of sale set out in this document and (unless context otherwise requires)includes any special terms and conditions agreed in Writing between You and Us
Contract means the contract for the purchase and sale of the Goods
Writing includes facsimile transmission and e-mail
The numbering in this document is for convenience only and shall not affect the interpretation of these Conditions
The singular includes the plural and vice versa and any gender includes any other gender
2. We shall sell and You shall purchase the Goods in accordance with any written or oral quotation of Ours which is accepted by You, or any written or oral order of You which is accepted by Us, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions
3. The price of the Goods shall be Our quoted price
4. Subject to any special terms notified in writing by Us to You, one half of the payment for the Goods is due upon the inception of the Contract and the balance is due upon the earliest of
(i)dispatch of the Goods by Us
(ii)collection of the Goods by You
(iii)seven days after We have notified You the Goods are ready for collection or We have tendered delivery of the Goods
6.Delivery of the Goods shall be made by You collecting the Goods at Our premises at any time after We have notified You that the Goods are ready for collection or, if some other place for delivery is agreed by Us, by Us delivering the Goods to that place
7.Any dates quoted for delivery of the Goods are approximate only and We shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by Us in Writing. The Goods may be delivered by Us in advance of the quoted delivery date upon giving reasonable notice to You
8. No liability is accepted for crazing or discrepancies in colour or variations in size of tiles supplied as Goods. You accept this may be unavoidable in the production of tiles
9. We 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 Our instructions (whether oral or in writing), misuse or alteration or repair of Goods without Our approval
10. No claim shall be made by You in respect of the defective condition or failure to meet specification of Goods once they have been fixed, or any attempt has been made to fix them
11. Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law
12. You agree that you will inspect the Goods upon delivery and any claim by You 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 You) be notified to Us immediately or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and You do not notify Us accordingly, You shall not be entitled to reject the Goods and We shall have no liability for such defect or failure, and You shall be bound to pay the price as if the Goods had been delivered in accordance with the contract
13. Where any valid claim in respect of any of the Goods which is based on defect in quality or condition of the Goods or their failure to meet specification is notified to Us in accordance with these Conditions, We shall be entitled to replace Goods (or the part in question) free of charge or, at Our sole discretion, refund to You the price of the Goods, but We shall have no further liability to You
14. Except in respect of death or personal injury caused by Our negligence, We shall not be liable to You by reason of representation, (unless fraudulent) 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 Us, Our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by You, and the entire liability of Us under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.
15. It is agreed that having regard to Our interest in limiting the personal liability and exposure to litigation of directors, officers and employees of Us, You will not bring any claim in respect of any damage against any of Our directors, officers or employees personally.
16 You acknowledge that We have set Our prices and entered into this agreement in reliance upon the limitations of liability and the disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between You and Us.
17 Except to the extent that directors, officers or employees of Us can benefit from clause 15 herein, it is hereby agreed between You and Us that the Contracts (Rights of Third Parties) Act 1999 does not apply to the terms of the Contract.
18. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby
19. The Contract shall be governed by the laws of England
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